SUSPENSION AND EXPULSION OF STUDENTS

SUSPENSION AND EXPULSION OF STUDENTS

ag5610Adopted March 1, 2003Revised December 9, 2025

5610 - SUSPENSION AND EXPULSION OF STUDENTS

The following administrative guidelines should be followed to provide due process for each student charged with an offense leading to suspension or expulsion.

  1. Suspension

    The Principal may impose a suspension of no more than ten (10) school days and must notify the student’s parents or guardians of the suspension by a written statement which includes the student’s conduct and the action taken by the Principal. A secondary teacher may remove a student from a classroom or activity for no more than five (5) class periods and an elementary teacher may remove a student from class for an entire school day for no more than five (5) school days in order to carry out or prevent interference with an educational function which the teacher supervises. If a teacher removes a student from a class, the teacher must notify the Principal. The Principal may place the student in another appropriate class or an in-school suspension. The Principal may not return the student to the class from which the student was removed until the Principal has met with the student, the student's teacher, and the student's parents to determine an appropriate behavior plan for the student (or, in the case of a student with a disability, a case conference has been convened to discuss the need for the development or revision of a behavioral intervention plan). If the student's parents do not meet with the Principal and the student's teacher (or a case conference committee does not convene) within a reasonable amount of time, the student may be moved to another class at the Principal's discretion, provided it does not constitute a change of placement. All such removals of students with disabilities remain subject to the Federal and State laws and regulations governing students with disabilities.

    No student may be suspended without a meeting. If a student’s misconduct requires immediate removal, the meeting will take place as soon as possible after the suspension. At the meeting, the Principal must provide the student with: 1) a written or oral statement of the charges; 2) a summary of the evidence against the student if the student denies the charges; and 3) an opportunity to explain the student's conduct.
     
    1. Sending a Student Home

      Unless the student is an immediate threat to the safety of the school, the student should remain in school until class is dismissed for the day.

      If the situation requires the student to be removed from the premises, the Principal will attempt to reach the student’s parents to request they pick up their child. If they are unable to do so, the student should remain under supervision until school is dismissed. In the case of violent behavior, the Principal may summon local law enforcement to remove the student from the premises.
    2. Responsibility for School Work

      If a student is suspended, the student is required to complete all assignments and school work assigned during the period of the student's suspension. The Principal will make sure that the student receives: (a) notice of any assignments or school work due; (b) teacher contact information in the event the student has questions regarding the assignments or school work; and (c) credit, in the same manner that a student who is not suspended would receive, for any assignments or school work assigned during the period of the student's suspension that the student completes. The student will be allowed to make up missed tests or quizzes when the student returns to school.
  1. Loss of Driving Privileges

    If a student has withdrawn or seeks to withdraw from school in an effort to circumvent the second suspension or expulsion in order to avoid the loss of the student's driver’s license or learner’s permit, the Principal will notify the Bureau of Motor Vehicles.

    The Principal may notify the Bureau of Motor Vehicles when a student has had at least two (2) suspensions or an expulsion from school.

    If a student has withdrawn or seeks to withdraw from school in an effort to circumvent the second suspension or expulsion in order to avoid the loss of the student's driver's license or learner's permit, the Principal may notify the Bureau of Motor Vehicles.

    If a student has withdrawn or seeks to withdraw from school in an effort to circumvent the second suspension or expulsion in order to avoid the loss of the student's driver's license or learner's permit, the Principal will not notify the Bureau of Motor Vehicles.
  2. Suspension Pending Expulsion

    The Superintendent or expulsion examiner may continue the suspension of a student for more than the ten (10)-school-day period of the Principal's suspension and until the time of the expulsion decision if the Superintendent or expulsion examiner determines that the student’s continued suspension will prevent or substantially reduce the risk of:
     
    1. interference with an educational function or school purposes;
    2. a physical injury to the student, other students, school employees, or visitors to the school.
  1. Expulsion

    If in the Principal's opinion, the alleged infraction warrants expulsion, the Principal will refer the case to the Superintendent and submit the following documentation:
     
    1. the rule(s) alleged to have been violated
    2. the charges against the student
    3. approximate date of the violation
    4. recommendation(s) for expulsion
    5. copy of suspension
    6. the Case Conference Committee or Section 504 Committee manifestation determination, if applicable

Upon request, the Principal also will submit:

  1. transcript of grades
  2. attendance records
  3. letter to parents

The Superintendent will review the case and may appoint a designee to serve as the expulsion examiner who is either an attorney or an administrator who did not expel the student during the current school year and was not involved in the circumstances leading to the expulsion.

  1. Firearms, Destructive Devices, and Deadly Weapons

    A student must be expelled from school for not less than one (1) calendar year whenever the student has brought a firearm, as defined in I.C. 35-47-1-5, or a destructive device, as defined in I.C. 35-47.5-2-4 to school or onto school property or is in possession of a firearm or destructive device on school property, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period. The term of that expulsion may be reduced to less than one (1) year by the Superintendent for reasons justified by the particular circumstances of the incident so long as the modification is made in writing. A student will be expelled from school for not more than one (1) calendar year if the student has brought a deadly weapon, as defined in I.C. 35-31.5-2-86, to school or onto school property or is in possession of a deadly weapon on school property.
  2. Notice of Right to an Expulsion Meeting

    Notice indicating the parents’ right to appear at an expulsion meeting must contain:
  1. the reason(s) for the expulsion, which should include both:
     
    1. the rule(s) alleged to have been violated; and
    2. the charges against the student;
  2. the length of the proposed expulsion;
  3. the right to request an expulsion meeting and the procedure for such a request;
  4. the date, time, and location of the expulsion meeting if one is requested;

For a student who is eligible for special education and related services under the IDEA and Article 7, a copy of the Notice of Procedural Safeguards must be provided to the parent on the day the decision is made to make a disciplinary change of placement or, if that is not possible, mailed to the parent no later than the next business day (see also AG 5605A - Disciplining Special Education Students).

The notice must be sent via:

  1. certified mail or personal delivery; or
  2. email if the parent has provided their email address to the school as a means of communication, and in the case of an adult or emancipated minor student, the email communication is sent to the student's school email address, and the school is able to confirm the email was opened and acknowledged by the parent or adult or emancipated minor student within forty-eight (48) hours; provided, however, if the email is not opened or acknowledged within forty-eight (48) hours, the notice must be sent via certified mail or personal delivery.
  1. Expulsion Meeting

    If the student or the student’s parent requests an expulsion meeting, an expulsion meeting must be held prior to expulsion. The Superintendent or person designated as the expulsion examiner must notify the student and the student’s parent, in writing, of the date, time, and location of the expulsion meeting unless the initial notice of right to an expulsion meeting provided that information.

    The Superintendent or person designated as the expulsion examiner may issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at an expulsion meeting.

    In addition to the Superintendent or person designated as the expulsion examiner, the only individuals who may attend the expulsion meeting are the following:
     
    1. The student who is the subject of the expulsion meeting.
    2. The parent(s) of the student who is the subject of the expulsion meeting.
    3. The Principal or other school representative.
    4. Any witnesses who may testify only during the time of the witness’ testimony.

If the school does not permit the student’s attorney to attend the expulsion meeting, the student’s attorney may be present outside the expulsion meeting room, and the student or the student’s parent(s) may consult with the student’s attorney as needed during the expulsion meeting by requesting that the expulsion examiner provide a break in the expulsion meeting proceedings.

Both the administration and the student/parent(s) will have the opportunity to present oral testimony and submit evidence and the opportunity to cross-examine witnesses called by the other party.

At the expulsion meeting, the Superintendent or person designated as the expulsion examiner must provide the student or the student’s parent(s) a list of:

  1. alternative education programs in the same county in which the School Corporation is located or a county immediately adjacent to the county in which the Corporation is located; and
  2. virtual charter schools

in which a student may enroll if the student is expelled. The list must contain contact information for the entities listed and must provide the student and the student’s parent(s) notice that the student may be required to comply with I.C. 20-33-2 or any statute relating to compulsory school attendance in accordance with I.C. 20-33-8-31. If the student or student's parent fails to attend an expulsion meeting, a copy of the list must be mailed to the student's residence.

The Superintendent or person designated as the expulsion examiner must make a written summary of the evidence heard at the expulsion meeting and take action that the Superintendent or person designated as the expulsion examiner finds appropriate. The Superintendent or person designated as the expulsion examiner must provide notice, in writing, of the action taken to the student and the student’s parent.

If the School Board has voted to hear all expulsion appeals, the notice must include the student’s and parent’s right to make a written appeal to the Board. Any such appeal must be made not later than ten (10) days of the student’s or parent’s receipt of the notice of action taken. If the Board has voted not to hear expulsion appeals, the notice must include the student’s and parent’s right to appeal the expulsion by filing an action in the circuit or superior court of the county in which the student resides.

A student or a student's parent who fails to request and appear at an expulsion meeting after receipt of notice of the right to appear at an expulsion meeting forfeits all rights administratively to contest and appeal the expulsion.

  1. Appeal of an Expulsion

    If the Board has voted not to hear any expulsion appeals:

    The student or the student's parent(s) may appeal the Superintendent's or expulsion examiner's decision only to the circuit or superior court of the county in which the student resides.
  2. Length of Expulsion

    Except in the case of firearms, destructive devices, and deadly weapons, a student may not be expelled for a longer period than the remainder of the school year in which the expulsion took effect if the misconduct occurs during the first semester.

    An expulsion during the second semester may extend through summer school and/or through the end of the first semester of the next school year unless otherwise modified or terminated by the Board.

    An expulsion that takes effect more than three (3) weeks before the beginning of the second semester or that will remain in effect into the first semester of the next school year must be reviewed by the Superintendent or the person designated as the expulsion examiner before the beginning of the second semester or before the beginning of the next school year, as applicable, after notice of the review has been given to the student and the student's parent, to determine if there is newly discovered evidence or evidence of a change in the student’s circumstances occurring since the original meeting. If so, the Superintendent or the person designated as the expulsion examiner may recommend that the student be readmitted for the second semester or at the beginning of the next school year, as applicable.
  3. Students with Disabilities

    In accordance with Board Policy 5605 - Suspension and Expulsion of Students with Disabilities and State and Federal law, before the expulsion, a student who is eligible for special education and related services under the IDEA and Article 7 must be referred to the Case Conference Committee (CCC) and a student with a disability who is eligible under Section 504 must be referred to the Section 504 Committee for a manifestation determination to determine if the behavior for which expulsion has been recommended is related to the student's disability.
  4. Waiver

    The student and the student's parent(s) may waive any of the rights described in this guideline or the student/parent handbook if the waiver is submitted, in writing, and signed by both the student and the student's parent(s). (NOTE: Rights under the IDEA and Article 7 or Section 504 cannot be waived.) The signatures should be witnessed. The waiver must be made with knowledge of the due process procedure described in the student/parent handbook and the consequences of the waiver. Additionally, the student can constructively waive the right to an expulsion meeting by simply not requesting or attending the expulsion meeting.
  5. Permanent Record

    A record of the student's suspension or expulsion will be made a part of the student's permanent record.
  6. Alternatives to Suspension or Expulsion

    Based on the evidence presented at the expulsion meeting one (1) of the following alternatives may be implemented by the expulsion examiner: assignment to an alternative program (this is not an option for a student with a disability who has an IEP or Section 504 Plan as the CCC/Section 504 Committee must determine the services and placement for such students)

Referral to Juvenile Court

A student may be referred to the juvenile court authority having jurisdiction over the student instead of or in addition to suspension or expulsion when necessary to ensure a safe, orderly, and effective educational environment. Referrals are to be made by the Principal.

The Superintendent or an attendance officer must report a student who is a habitual truant to an intake officer of the juvenile court or the Department of Child Services. A student will be considered a habitual truant when the student has been absent from school for more than ten (10) school days within a school year without being excused or without being absent under a parental request that has been filed with the school.

The Principal of the school where the student is enrolled must refer the student to the juvenile court having jurisdiction over the student when the student physically assaults a person having authority over the student. If the student is a student with a disability, information should be provided to the juvenile court authority regarding the student's disability, consistent with the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. 1232g and its implementing regulations (34 C.F.R. Part 99).

  1. Referral to Law Enforcement

    A student must be referred to local law enforcement immediately if the misconduct involved any of the following:
     
    1. a student physically assaulting a person having authority over the student;
    2. a threat to a Corporation employee within the meaning of I.C. 20-33-9-4;
    3. intimidation of a Corporation employee within the meaning of I.C. 20-33-9-2;
    4. battery of a Corporation employee within the meaning of I.C. 20-33-9-1.3;
    5. harassment of a Corporation employee within the meaning of I.C. 20-33-9-1.5;
    6. possession of a firearm, deadly weapon, or destructive device;
    7. any crime involving sexual violence;
    8. assault resulting in personal injury;
    9. a controlled substance violation under I.C. 35-48-4 or a violation of I.C. 7.1-5-7 (concerning minors and alcoholic beverages); or
    10. suspected criminal organization activity, criminal organization intimidation, or criminal organization recruitment.
  2. Compulsory Attendance

    If a student is expelled from school or from any educational function, the student's absence from school because of the expulsion is a violation of I.C. 20-33-2 or any other statute relating to compulsory school attendance if the student may enroll in
     
    1. an alternative education program in the county where or in a county immediately adjacent to the county where the Corporation from which the student was expelled is located; or
    2. a virtual charter school

and the student does not enroll in an alternative education program or a virtual charter school during the student's expulsion. In the event an alternative education program or virtual charter school is not available for a student to attend, the student's expulsion is not a violation of I.C. 20-33-2 or any other statute relating to compulsory school attendance.

  1. Retention of Public Records, Student Records, and Investigatory Records and Materials

    All individuals charged with imposing discipline under this administrative guideline must retain all information, documents, electronically stored information (“ESI”), and electronic media (as defined in Policy 8315 - Information Management) created and received as part of an investigation of student misconduct and disciplinary action taken, including but not limited to reports, admissions, witness statements, documentary evidence, audio, video and/or digital recordings, handwritten and contemporaneous notes, emails related to the allegations, investigation and disciplinary action, printouts, letters, determinations, and summaries. The information, documents, ESI, and electronic media (as defined in Policy 8315 - Information Management) retained may include public records and records exempt from disclosure under Federal and/or State law (e.g., student records).

    The information, documents, ESI, and electronic media (as defined in Policy 8315 - Information Management) created or received as part of an investigation of student misconduct or disciplinary action taken must be retained in accordance with Policy 8310 - Public Records, Policy 8315, Policy 8320, Policy 8330 and the Corporation’s records retention schedule.

Revised 10/12/04
Revised 8/11/15
Revised 1/14/20
Revised 12/13/22
Revised 2/11/25
Revised 9/9/25

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