5602 - EMERGENCY REMOVAL OF STUDENT

If a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the Superintendent, principal, assistant principal or personnel employed to direct, supervise, or coach a student activity program may remove the student from the premises. A teacher may remove the student from curricular or extra-curricular activities under his/her supervision, but not from the premises. If a teacher makes an emergency removal, reasons are submitted to the principal in writing as soon after the removal as is reasonable.

If either suspension or expulsion is contemplated, a due process hearing is held within three (3) school days after the removal is ordered. Written notice of the hearing and the reason for removal and any intended disciplinary action is given to the student as soon as practicable prior to the hearing. The student has the opportunity to appear at an informal hearing before the principal, assistant principal and Superintendent/designee and has the right to challenge the reasons for the removal or otherwise explain his/her actions. The person who ordered or requested the removal is present at the hearing. Within one (1) school day of the decision to suspend, written notification is given to the parent(s) of the student and Treasurer of the Board. This notice includes the reasons for the suspension and the right of the student or parent(s) to appeal to the Superintendent/designee.

If the Superintendent or principal reinstates a student prior to the hearing for emergency removal, the teacher may request and is 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 alleged misconduct is disposed of either by reinstatement, suspension, or expulsion.

In all cases of normal disciplinary procedures in which a student is removed from a curricular or extra-curricular activity for less than twenty-four (24) hours and is not subject to further suspension or expulsion, due process requirements do not apply.