5610 - SUSPENSION AND EXPULSION
The following administrative guidelines should be followed to provide due process for each student charged with an offense leading to suspension or expulsion.
Suspension
A principal or designee may deny a student the right to attend school or to take part in any school function for a period of up to five (5) school days in the following instances:
When the school personnel in charge of a student consider the behavior of any student under their supervision to be so serious as to warrant the principal’s attention;
When the alleged misconduct constitutes a violation of any of the "Grounds for Expulsion or Suspension". The principal or designee may extend a suspension to a total of ten (10) school days, when the misconduct constitutes a violation of any of the "Grounds for Expulsion or Suspension" and the principal or designee recommends that the student be expelled from the School Corporation.
The principal or designee shall provide notice and hold a conference with the student prior to the suspension, except where the circumstances, or the nature of the misconduct requires immediate removal. In such a situation, the notice and conference shall follow as soon as reasonably possible after the suspension.
Expulsion
An expulsion is:
A denial of the right of a student to take part in any school function for any period greater than ten (10) school days;
A separation from school attendance for the remainder of the current semester or current year unless the student is permitted to complete required examinations in order to receive credit for courses taken in the current semester or current year.
During the second semester of any school year, a principal may request that an expulsion remain in effect through the following summer session and/or the first semester of the following school year.
An expulsion for a full school year may be for fewer than the total number of student days in a full school year when such expulsion results in the loss of school credit for two (2) school semesters, or for two (2) school semesters and a summer session.
An expulsion for violation of the rule against knowingly possessing, handling, or transmitting a firearm, while under the jurisdiction of the School Corporation, will be for a full calendar year.
The expulsion process offers the opportunity for a student due process meeting.
An expulsion that takes effect more than three (3) weeks before the beginning of the second semester of a school year must be reviewed before the beginning of the second semester. An expulsion that will remain in effect during the first semester of the following school year must be reviewed before the beginning of the school year. Such reviews shall be conducted by the Superintendent or his/her designee after notice of the review has been given to the student and the student’s parent or guardian. The review is limited to newly discovered evidence or evidence of changes in the student’s circumstances occurring since the original expulsion meeting.
A principal may require a student who is at least sixteen (16) years of age and who wishes to enroll after an expulsion to attend an alternative program.
An expulsion for violation of the Drug and Alcohol Abuse Policy of the School Corporation which occurs during the first semester of a school year shall include the remainder of the school year.
Other Disciplinary Actions Which Do Not Constitute a Suspension or an Expulsion
A principal, teacher, or other school staff member who supervises students may discipline a student by:
Counseling with a student or group of students;
Conferencing with a parent or group of parents;
Assigning work;
Rearranging class schedules;
Requiring a student to remain in school after regular school hours to do school work or for counseling;
Restricting athletic and other extracurricular activities, including removal from participation in such activities; and
Removing a student from any noncredit school activity.
A principal or designee may assign a student to:
A special course of study;
An alternative educational program; or
An alternative school.
A principal or designee may remove a student:
From school sponsored transportation;
From school, if a student is ill, has a communicable disease, or is infested with parasites (I.C. 20-8.1-7-8); and
From school, for failure to comply with the immunization requirements of I.C. 20-8.1-7-10.1.
The disciplinary actions listed in this section do not constitute suspensions or expulsions.
Application of the Grounds for Expulsion or Suspension
The grounds for expulsion or suspension, set out below, apply when a student is:
on a school bus;
on school grounds immediately before, during and immediately after school hours and at any time when the school is being used by a school group;
off school grounds at a school activity, function, or event, or;
traveling to or from school or a school activity, function, or event.
The grounds for expulsion or suspension may also apply when a student’s conduct is unlawful and may reasonably be considered to be an interference with school purposes or an educational function when such activity occurs during weekends, holidays, school recesses, or during the summer when a student may not be attending classes or other school functions.
Grounds for Expulsion or Suspension are:
The following are the grounds for student suspension or expulsion, subject to the procedural requirements, set out below:
Student misconduct; and
Substantial disobedience.
Use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance or other comparable conduct, constituting an interference with school purposes, or urging other students to engage in such conduct:
Occupying any school building, school grounds, or part thereof with intent to deprive others of its use;
Blocking the entrance or exit of any school building or corridor or room therein with intent to deprive of lawful access to or exit from, or use of, the building or corridor or room;
Setting fire to or substantially damaging any school building or property;
Making bomb threats, false 911 calls, false fire alarms or throwing smoke bombs, fireworks, or other comparable conduct;
Firing, displaying or threatening use of firearms, explosives, or other weapons on school premises for any unlawful purpose;
Preventing or attempting to prevent by physical act the convening or continued functioning of any school or education function, or of any lawful meeting or assembly on school property;
Continuously and intentionally making noise or acting in any manner so as to interfere seriously with the ability of any teacher or any other school personnel to conduct the educational function under their supervision. This subparagraph shall not, however, be construed to make any particular student conduct a ground for expulsion where such conduct is constitutionally protected as an exercise of free speech or assembly or other right under the Constitution of Indiana or the United States.
Discriminating or harassing on the basis of race, sex or other protected characteristic in violation of the policies described above.
Causing or attempting to cause substantial damage to school property, stealing or attempting to steal school property of substantial value, or repeated damage or theft involving school property of small value.
Intentionally causing or attempting to cause substantial damage to valuable private property, or stealing or attempting to steal valuable private property, or repeatedly damaging or stealing any private property.
Intentionally causing or attempting to cause physical injury or behaving in such a way as could reasonably cause physical injury to any person. Self-defense or reasonable action undertaken in the reasonable belief that it was necessary to protect some other person does not, however, constitute a violation of this provision.
A student will be expelled for a full calendar year for knowingly possessing, handling, or transmitting a firearm, as defined by Indiana law, while under the jurisdiction of the School Corporation. Under I.C. 35-47-1-5, a "Firearm" means any weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion. A student expelled under this provision will not be re-enrolled in the School Corporation until the beginning of the semester following the end of the expulsion. The length of the expulsion for possession, handling or transmitting a firearm may be reduced by the Superintendent or designee, if the circumstances warrant such reduction.
Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student.
It shall be grounds for suspension or expulsion for any student to possess, use, be under the influence of, transmit or attempt to transmit any drug (as defined in Policy 5330) or any paraphernalia used with any drug.
Use of medication by a student when such medication has been prescribed for that student by a health care provider authorized by law to prescribe medication does not violate this rule, provided such medication is used by the student in accordance with the School Corporation policy governing the use of prescription drugs while under the jurisdiction of school authorities.
First time offenders, only, determined to be in possession or under the influence of a prohibited substance, as set out herein, shall be immediately suspended for five (5) days pending expulsion; however, an alternative to expulsion shall be offered, by the school administrator to the student and his/her parents or guardian. A student is eligible for participation in this alternative program only one (1) time during his/her total enrollment in the New Albany-Floyd County Consolidated School Corporation. First time offenders are not eligible for an alternative to expulsion of the offense was for transmitting or attempting to transmit a drug.
Second or repeat offenders determined to be in possession or under the influence of a chemical substance shall be immediately suspended pending expulsion without being offered the alternative educational program.
The alternative offered to first time offenders, by the building administrator, shall involve both the student and parents or guardian in an intensive educational program. This program shall attempt to assist students in maintaining responsible behavior so that they may successfully complete school after experiencing the consequences of their violation of this policy.
If this alternative is chosen by the student and parents or guardian, the student must attend all sessions of the program. Any cost for the alternative program will be the responsibility of the student’s parents or guardian.
If a student enrolls in the alternative program and then withdraws or otherwise fails to satisfactorily complete the program, the building administrator shall immediately resume the expulsion process for such student.
If the student or his/her parents or guardian do not choose to participate in the alternative educational program, the building administrator shall immediately resume the expulsion process for such student. Such student shall also be referred to the Floyd County Probation Office for any appropriate action.
Engaging in a violation of criminal law which constitutes a danger to other students, or which constitutes an interference with school purposes or an educational function.
Engaging in any activity forbidden by the laws of the State of Indiana, on or off school grounds, if such activity constitutes an interference with school purposes or an educational function.
Violating or repeatedly violating any rules that are reasonably necessary in carrying out school purposes or an educational function and are validly adopted under Indiana law.
Failing in a substantial number of instances to comply with directions of teachers or other school personnel, during any period of time when the student is properly under their supervision, where such failure constitutes an interference with school purposes or an educational function.
Excessive truancy or absence from school without the knowledge and consent of both the parent and the school.
A student may be expelled from school if the student’s legal settlement is not in the attendance area of the New Albany- Floyd County Consolidated School Corporation.
Excessive cutting of classes and/or tardiness to classes.
While on school grounds during school hours, knowingly possessing or using a laser pointer, an electronic paging device, a handheld portable telephone, or any other electronic communication device in a situation or for a purpose not related to a school program or educational function.
PROCEDURE FOR HANDLING SUSPENSIONS AND EXPULSIONS FROM SCHOOL
The Board of School Trustees of the New Albany-Floyd County Consolidated School Corporation has provided a procedure for the handling of student suspensions and expulsions from school. The basic premise of this policy is fairness. A full text of the procedure required by Indiana Law is available in the Administrative Services Center, 2813 Grant Line Road, New Albany, Indiana 47150, upon request. The following is a summary of that procedure.
A principal or designee may suspend a student from school for a period not to exceed five (5) school days unless expulsion is also recommended, in which case the suspension may be for ten (10) school days. The principal or designee shall send a written statement to the student’s parents describing the student’s conduct, misconduct or violation of any rule or standard and the reasons for the action taken. The principal or designee shall make a reasonable effort to hold a conference with the parents before or at the time the student returns to school. A student may be suspended from school pending a meeting on his/her expulsion.
If, after an investigation, the principal or designee decides that expulsion is warranted for any student, s/he shall file a written charge with the Superintendent requesting that the student be expelled.
If the student has a designated handicap or disability and is receiving special education services in the School Corporation, the principal or designee will contact the Director of Special Education to schedule a manifestation determination case conference at the time s/he submits a written charge to the Superintendent. If the case conference committee determines that no causal relationship exists, under Article 7, the principal or designee may proceed with the expulsion recommendation.
When a principal or designee recommends to the Superintendent that a student be expelled from school, the following procedures will be followed:
The Superintendent may conduct an expulsion meeting, or may appoint one of the following persons to conduct the expulsion meeting:
A member of the administrative staff who did not recommend that the student be expelled and who was not involved in the events giving rise to that recommendation; or
Legal counsel.
The Superintendent or the person appointed to hold the expulsion meeting 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 s/he determines that the student’s continued suspension will prevent or substantially reduce the risk of:
Interference with an educational function or school purpose; or
A physical injury to the student, other students, school employees or visitors to the school. However, a student may not be suspended from school pending an expulsion meeting on a student’s legal settlement in the School Corporation.
An expulsion will not take place until the student and the student’s parent or guardian are offered the opportunity to request an expulsion meeting conducted by the Superintendent or the person designated by the Superintendent.
The opportunity to request an expulsion meeting will be in writing, delivered by certified mail or by personal delivery and contain the reasons for the recommended expulsion and the length of expulsion recommended. For purposes of this provision, a notice of opportunity to request an expulsion meeting or notice of the action taken at an expulsion meeting is effectively given at the time the notice is delivered personally or sent by certified mail to a student and the student’s parent or guardian.
Failure by a student or a student’s parent or guardian to request or to appear at an expulsion meeting shall be deemed a waiver of all rights administratively to contest the expulsion or to appeal it to the Board of School Trustees.
The Superintendent or the person designated to hold an expulsion meeting may issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at an expulsion meeting.
At the expulsion meeting, the principal or designee will present information to support the charges against the student. The student, parent or guardian will have the opportunity to answer the charges against the student, and to present information to support the student’s position.
If an expulsion meeting is held, the person conducting the expulsion meeting will make a written summary of the evidence heard at the meeting, take any action found to be appropriate and give notice of the action taken to the student and the student’s parent or guardian, by certified mail or personal delivery.
The decision of the Superintendent or the person designated to hold an expulsion meeting is final. The Board of School Trustees has voted not to hear appeals of expulsion cases, as permitted by Indiana law.
Under Indiana law, judicial review of the school's action, by the courts is limited to the issue of whether the Board of School Trustees acted without following the procedure required by the student due process statute, I.C. 20-33-8-14 et seq.
The Board of School Trustees firmly believes that broad educational opportunity should be a right for all children. Educational experiences are provided not only in the regular classroom, but also by a comprehensive extracurricular activities program. Therefore, removal from the extracurricular activities or from the classroom as a disciplinary measure are resorted to only when self-discipline fails.
Loss of Driving Privileges
The principal shall not approve an application for a learner’s permit or an operator’s license or, if the student already has a permit or license, 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 his/her driver’s license or learner’s permit, the principal shall notify the Bureau of Motor Vehicles.
Waiver
The student and his/her parents 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 student and parents. 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 availing himself/herself of the opportunity for it.
Revised 8/16/16
Revised 8/13/18