EMERGENCY REMOVAL OF STUDENTS | Policy Manual

5610.03 - EMERGENCY REMOVAL OF STUDENTS

This policy governs student discipline at ESC educational services/schools/programs. Nothing in this policy supersedes the home school’s rights and/or obligations to discipline students pursuant to the home school’s policies, administrative guidelines, and applicable rules and regulations.

If a student’s presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process taking place either in a classroom or elsewhere on ESC premises, then the Superintendent, principal, assistant principal, or program manager may remove the student from curricular activities or from the ESC premises. A teacher may remove the student from curricular activities under the teacher’s supervision, but not from the premises. If a teacher makes an emergency removal, the teacher shall notify a building administrator of the circumstances surrounding the removal in writing, as soon as practicable. Because such removal is not subject to the normal suspension and expulsion procedures, no prior notice or hearing is required for any removal under this policy.

A due process hearing shall be held on the next school day after the removal is ordered. Written notice of the hearing and the reason for the removal and any intended disciplinary action shall be given to the student as soon as practical prior to the hearing. If the student is subject to out-of-school suspension, the student shall have the opportunity to appear at an informal hearing before the principal, assistant principal, Superintendent, or designee and has the right to challenge the reasons for the intended suspension or otherwise explain his/her actions. Within one (1) school day of the decision to suspend, written notification shall be given to the parent(s)/guardian(s) or custodian of the student. This notice shall include the reasons for the suspension, the right of the student or parent(s)/guardian(s) to appeal to the Governing Board or its designee and the student’s right to be represented in all appeal proceedings. If it is probable that the student may be subject to expulsion, the hearing shall take place on the next school day after the date of the initial removal and shall be held in accordance with the procedures outlined in the Governing Board Policy 5611 – Due Process Rights. The person who ordered or requested the removal shall be present at the hearing.

A student in any of grades pre-kindergarten through 3 may be removed only for the remainder of the school day and shall be permitted to return to any curricular and extra-curricular activities on the next school day (following the day in which the student was removed or excluded). When a student in any of grades pre-kindergarten through 3 is removed and returned to his/her curricular and extra-curricular activities the next school day, the Superintendent or designee is not required to hold a hearing (or provide written notice of same).

The Superintendent or designee shall not initiate suspension or expulsion proceedings against a student in any grades pre-kindergarten through 3 who was removed unless the student has committed one (1) of the following acts:

The student brings a firearm or knife capable of causing serious bodily injury to an ESC building or on to any other property (including an ESC vehicle) owned, controlled, or operated by the Governing Board, to an interscholastic competition, an extra-curricular event, or to any other ESC program or activity that is not located in on ESC property that is owned or controlled by the Governing Board. Similarly, the Superintendent or designee can initiate suspension or expulsion proceedings if the student possesses a firearm or knife capable of causing serious bodily injury on any ESC property (including an ESC vehicle) owned, controlled, or operated by the Governing Board, at interscholastic competition, an extra-curricular event, or at any other ESC program or activity that is not located on ESC property that is owned or controlled by the Governing Board.
The student commits an act at the ESC, on other ESC property, at an interscholastic competition, extra-curricular event, or any other ESC program or activity and the act: (1) would be a criminal offense if committed by an adult; and (2) results in serious physical harm to person(s) as defined in R.C. 2901.01(A)(5), or to property as defined in R.C. 2901.01(A)(6).
The student makes a bomb threat to a school building or to any premises at which a school activity is occurring at the time of the threat.
The student engages in behavior of such a nature that suspension or expulsion is necessary to protect the immediate health and safety of the student, the student’s fellow classmates, the classroom staff and teachers, or other ESC employees.

If the Superintendent or principal/program manager reinstates a student prior to the hearing for emergency removal, the teacher may request and shall be given written reasons for the reinstatement. The teacher cannot refuse to reinstate the student.

In an emergency removal, a student can be kept from class until the matter of the misconduct is disposed of either by reinstatement, suspension, or expulsion.