REMOVAL, SUSPENSION, EXPULSION, AND PERMANENT EXCLUSION OF STUDENTS | Policy Manual

5610 - REMOVAL, SUSPENSION, EXPULSION, AND PERMANENT EXCLUSION OF STUDENTS

The Board of Education recognizes that exclusion from the educational program of the schools, whether by emergency removal, out-of-school suspension, expulsion, or permanent exclusion, is the most severe sanction that can be imposed on a student in this District, and one that cannot be imposed without due process. However, the Board has zero tolerance of violent, disruptive, or inappropriate behavior by its students.

No student is to be removed, suspended out-of-school, expelled, and/or permanently excluded unless their behavior represents misconduct as specified in the Student Code of Conduct/Student Discipline Code approved by the Board and/or the student's actions pose imminent and severe endangerment to the health and safety of other students or employees. The Code shall also specify the procedures to be followed by school officials when implementing such discipline. In determining whether a student is to be suspended or expelled, District administrators shall use a preponderance of evidence standard. In addition to the procedural safeguards and definitions set forth in this policy and the student/parent handbook, additional procedures and considerations shall apply to students identified as disabled under the IDEA, ADA, and/or Section 504 of the Rehabilitation Act of 1973. (See Policy 5605 - Suspension/Expulsion of Students with Disabilities)

Students may be subject to discipline for violation of the Student Code of Conduct/Student Discipline Code even if that conduct occurs on property not owned or controlled by the Board but where such conduct is connected to activities or incidents that have occurred on property owned or controlled by the Board, or conduct that, regardless of where it occurs, is directed at a District official or employee, or the property of such official or employee.

For purposes of this policy and the Student Code of Conduct/Student Discipline Code, the following shall apply:

"Emergency removal" shall be the exclusion of a student who poses a continuing danger to District property or persons in the District or whose behavior presents an ongoing threat of disrupting the educational process provided by the District. (See Policy 5610.03 - Emergency Removal)
"Suspension" shall be the temporary exclusion of a student by the Superintendent, Principal, assistant principal, or any other administrator from the District’s instructional program for a period not to exceed ten (10) school days. Suspension shall not extend beyond the current school year if, at the time a suspension is imposed, fewer than ten (10) days remain in the school year.

The Superintendent may instead require a student to participate in a community service program or another alternative consequence for a number of hours equal to the remaining part of the period of the suspension. The student shall be required to begin such community service program or alternative consequence during the first full week day of summer break.

In the event the student fails to complete the required community service or the assigned alternative consequence, the Superintendent may determine the next course of action. Such course of action, however, shall not include requiring the student to serve the remaining time of the suspension at the beginning of the following year.

The procedures for suspension are set forth in the Student Code of Conduct/Student Discipline Code and Policy 5611 - Due Process Rights.

A student who is suspended shall be permitted to complete any classroom assignments missed because of the suspension and receive at least partial credit for a completed assignment. Grade reductions on account of the student’s suspension are permitted; however, no student may receive a failing grade on a completed assignment solely on account of the student's suspension.
"Expulsion" shall be the exclusion of a student from the schools of this District for a period not to exceed the greater of eighty (80) school days or the number of school days remaining in a semester or term in which the incident that gives rise to the expulsion takes place or for one (1) year as specifically provided in this policy and the Student Code of Conduct/Student Discipline Code. Only the Superintendent may expel a student. The procedures for expulsion are set forth in the Student Code of Conduct/Student Discipline Code and Board Policy 5611 - Due Process Rights.

When making a determination whether or not a student will be expelled or permanently excluded under this policy, the Superintendent shall retain all documents, electronically stored information ("ESI"), and electronic media (as defined in Policy 8315 - Information Management (i.e. "Litigation Hold")) created and/or received as part of an investigation.

The documents, ESI, and electronic media (as defined in Policy 8315) retained may include public records and records exempt from disclosure under Federal (e.g., "FERPA", "ADA") and/or State law (e.g., R.C. 3319.321) – e.g., student records and confidential medical records.

The documents, ESI, and electronic media (as defined in Policy 8315) shall be retained in accordance with Policy 8310, Policy 8315, Policy 8320, and Policy 8330 for not less than three (3) years, but longer if required by the District's records retention schedule.
1. Firearm or Knife
  
  Unless a student is permanently excluded from school, the Superintendent shall expel a student from school for a period of one (1) year for bringing a firearm or knife capable of causing serious bodily injury to a school building or on to any other property (including a school vehicle) owned, controlled, or operated by the Board, an interscholastic competition, an extra-curricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the Board, except that the Superintendent may reduce this period on a case-by-case basis in accordance with this policy. Similarly, the Superintendent shall expel a student from school for a period of one (1) year for possessing a firearm or knife capable of causing serious bodily injury at school or on any other property (including a school vehicle) owned, controlled, or operated by the Board, an interscholastic competition, an extra-curricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the Board, except the Superintendent may reduce this period on a case-by-case basis in accordance with this policy. The expulsion may extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place. The Superintendent shall refer any student expelled for bringing a firearm (as defined in 18 U.S.C. 921(a)(3)) or weapon to school to the criminal justice or juvenile delinquency system serving the District.
  
  A firearm is defined as any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or silencer, or any destructive device. A destructive device includes, but is not limited to, any explosive, incendiary, poison gas, bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce, mine, or other similar device.
  
  A knife capable of causing serious bodily injury is defined as any weapon or cutting instrument consisting of a blade fastened to a handle; a razor blade; or any similar device (including sharp, metal martial arts weapons such as ninja throwing stars) that is used for, or is readily capable of, causing death or serious bodily injury.
  
  The Superintendent may, in their sole judgment and discretion, modify or reduce such expulsion, in writing, to a period of less than one (1) year, on a case-by-case basis, upon consideration of the following:
  1. applicable State or Federal laws and regulations relating to students with disabilities (for example, where the incident involves a student with a disability and the misconduct is determined by a group of persons knowledgeable about the child to be a manifestation of the student’s disability);
  2. the degree of culpability given the age of the student and its relevance to the misconduct and/or punishment and/or evidence regarding the probable danger posed to the health and safety of others, including evidence of the student’s intent and awareness regarding possession of the firearm or knife capable of causing serious bodily injury; and/or
  3. the academic and disciplinary history of the student, including the student’s response to the imposition of any prior discipline imposed for behavioral problems.

The reinstatement of a student who is expelled for bringing a firearm to school is subject to the reinstatement process summarized in Section (C)(4) of this policy.

Violent Conduct

If a student commits an act at school, on other school property, at an interscholastic competition, extra-curricular event, or any other school 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 Superintendent may expel the student for a period of up to one (1) year. The Superintendent may extend the expulsion into the next school year or reduce the expulsion as necessary on a case-by-case basis as specified below. The student need not be prosecuted or convicted of any criminal act to be expelled under this provision.

The Superintendent may, in their sole judgment and discretion, reduce such expulsion to a period of less than one (1) year, on a case-by-case basis, upon consideration of the following:

applicable State or Federal laws and regulations relating to students with disabilities (for example, where the incident involves a student with a disability and the misconduct is determined by a group of persons knowledgeable about the child to be a manifestation of the student’s disability);

or
other extenuating circumstances including, but not limited to, the academic and disciplinary history of the student, including the student’s response to the imposition of any prior discipline imposed for behavioral problems.

If at the time of the expulsion there are fewer days remaining in the school year than the number of days of the expulsion, the Superintendent may apply any or all of the remaining period to the following school year.

Bomb Threats

If a 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 Superintendent may expel the student for a period of up to one (1) year. The Superintendent may extend the expulsion into the next school year or reduce the expulsion as necessary on a case-by-case basis as specified below. The student need not be prosecuted or convicted of any criminal act to be expelled under this provision.

The Superintendent may, in their sole judgment and discretion, reduce such expulsion to a period of less than one (1) year, on a case-by-case basis, for the following reasons:

for students identified as disabled under the IDEA, ADA, and Section 504 of the Rehabilitation Act of 1973, upon recommendation from the group of persons knowledgeable of the student’s educational needs;

or
other extenuating circumstances including, but not limited to, the academic and disciplinary history of the student, including the student’s response to the imposition of any prior discipline imposed for behavioral problems.

Imminent and Severe Endangerment to Health and Safety of Students or Employees

The term “imminent and severe endangerment” means any of the following actions taken by a student:
1. Bringing a firearm or a knife capable of causing severe bodily harm to a school operated by the Board or other property owned or controlled by the Board, or to any interscholastic competition, extra-curricular event, or any other program or activity sponsored by the School District or in which the District is participating;
2. Committing an act that is a criminal offense when committed by an adult and that results in serious physical harm to persons as defined in R.C. 2901.01(A)(5) or to property as defined in R.C. 2901.01(A)(6) while the student is at a school operated by the Board, on property owned or operated by the Board, or at any other program or activity that is sponsored by the District or in which the District is participating;
3. Making a bomb threat to a school building or to any premises at which a school activity is occurring at the time of the threat; or
4. Making an articulated or verbalized threat, including a hit list, threatening manifesto, or social media post, that would lead a reasonable person to conclude that the pupil poses a serious threat.

The Superintendent may expel a student for up to 180 school days for actions that the Superintendent determines pose imminent and severe endangerment to the health and safety of other students or school employees regardless of whether the actions qualify for permanent exclusion.

Upon expelling a student for actions that pose imminent and severe endangerment to others, the Superintendent will develop conditions that the student must satisfy before the student may be reinstated. A copy of the conditions will be provided to the Board, the student, and the student’s parent/guardian at the beginning of the expulsion period. One of the conditions shall be an assessment that is performed by a licensed psychiatrist, psychologist, or school psychologist employed or contracted by the District to determine whether the student poses a danger to themselves, other students, and/or school employees. The District and the student’s parent/guardian will mutually agree on the individual who will conduct the assessment. If the individual is not employed by the District, the cost of the assessment shall be referred for payment through the student’s health insurance. Any remaining costs not covered by the student’s insurance will be paid by the District. If the individual is employed or contracted by the District, the District will pay the full cost of the assessment. In addition to including a determination of whether the student poses a danger to themselves or others, the psychiatrist, psychologist, or school psychologist may also make recommendations for the contingent conditions for the student’s reinstatement.

At the end of the initial expulsion term or any subsequent term, the Superintendent will determine whether the student has demonstrated sufficient rehabilitation to be reinstated to school. If the Superintendent determines the student has not demonstrated such rehabilitation, then the Superintendent may extend the expulsion for an unlimited number of additional periods of up to ninety (90) school days each. The Superintendent shall make the determination about whether the student has demonstrated rehabilitation in consultation with a multidisciplinary team selected by the Superintendent. The Superintendent will take into consideration the assessment of the psychiatrist, psychologist, or school psychologist and whether or not the student met the conditions developed by the Superintendent at the beginning of the expulsion period. If the Superintendent extends the expulsion period, the Superintendent shall develop conditions for the pupil to satisfy prior to reinstatement. The conditions may be the same as those developed for the initial term of expulsion. A copy of the conditions shall be provided to the Board, the student, and the student’s parent/guardian.

The Superintendent may extend the initial or subsequent term of expulsion into the next school year. The Superintendent may also reduce the expulsion as necessary on a case-by-case basis as specified below. The student need not be prosecuted or convicted of any criminal act to be expelled under this provision.

The Superintendent may, in their sole judgment and discretion, reduce such expulsion to a period of less than 180 school days for the initial term, or less than ninety (90) school days for any additional term, on a case-by-case basis, for the following reasons:

for students identified as disabled under the IDEA, ADA, and Section 504 of the Rehabilitation Act of 1973, upon recommendation from the group of persons knowledgeable of the student’s educational needs; or
other extenuating circumstances including, but not limited to, the academic and disciplinary history of the student, including the student’s response to the imposition of any prior discipline imposed for behavioral problems.

Prior to the end of the initial expulsion term or any extension, the student’s parent/guardian may request that the Superintendent complete an early assessment of the student. The Superintendent will assess the student and make a determination of whether the student meets the requirements for reinstatement as outlined in this section. The Superintendent will rely on the reasons permitted for the reduction of an expulsion term outlined in this section to determine whether the student may be reinstated before the end of the current expulsion term. A parent/guardian may request an early assessment one (1) time for the initial, and one (1) time for any subsequent expulsion term.

The Superintendent is authorized to develop contingent conditions for a student’s reinstatement. The conditions may include the conditions developed for the original expulsion term as well as any recommendations made by the psychiatrist, psychologist, or school psychologist who assesses the student under this section. The Superintendent will establish a duration under which the student must meet the contingent conditions, which may extend to the student’s graduation date. The Superintendent will provide a copy of these conditions to the Board, the student, and the student’s parent/guardian when the Superintendent makes the decision to reinstate the student. If the student fails to adhere to the contingent conditions, the Superintendent may revoke the student’s reinstatement and establish an extended expulsion period under the same process as outlined in this section.

For students who do not have an individualized education plan (“IEP”), the Superintendent shall, in consultation with the student and parent/guardian, develop a plan for the continued education of the student. This may include education by the District in an alternative setting such as home instruction, enrollment in another district, enrollment in another type of public or nonpublic school, or any other form of instruction that complies with state law. The plan will be developed no later than fifteen (15) school days after the beginning of the original expulsion period or any extension. For students who have an IEP, the Superintendent will also consult with the student’s IEP team in developing the plan, and the plan will be developed within ten (10) school days after the beginning of the original expulsion period or any extension.

The Board will provide the Department of Education and Workforce (“DEW”) records of each expulsion issued under this section, as well as any changes to the student’s expulsion status. The records will not include the name of the student, but will include the following:

the name of the student’s school;
the reason(s) for the student’s expulsion;
the duration of the student’s expulsion and any extensions of the expulsion;
the total number of students expelled by the District in the school year as of the date of the report; and
the student’s age, gender, race, and other demographic information requested by DEW.

The District will provide records of an expulsion issued under this section if requested by any other district or school to which the student transfers. These records may not be withheld due to any outstanding debt attributed to the student.

The Board will establish guidelines for appropriate conditions that the Superintendent may develop pursuant to this section.

The Superintendent will develop a list of alternative educational options for students who are expelled under this section.

"Permanent exclusion" shall mean the student is banned forever from attending a public school in the State of Ohio. (See Policy 5610.01 - Permanent Exclusion of Nondisabled Students)

If a student is expelled for more than twenty (20) school days or for any period of time that extends into the next school year, the Superintendent shall provide the student and the student's parents with the names, addresses, and telephone numbers of those public or private agencies in the community which offer programs or services that help to rectify the student's behaviors and attitudes that contributed to the incident(s) that caused the expulsion.

Suspension or Expulsion of Students in Grades Pre-Kindergarten through Three (3)

Except as permitted by law, suspension or expulsion proceedings shall not be initiated against a student in any of grades Pre-kindergarten through three (3) unless the student has committed the following acts:

The student brings a firearm or knife capable of causing serious bodily injury to a school building or on to any other property (including a school vehicle) owned, controlled, or operated by the Board, to an interscholastic competition, an extra‑curricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the Board, or possesses a firearm or knife capable of causing serious bodily injury at school or on any other property (including a school vehicle) owned, controlled, or operated by the Board, at an interscholastic competition, an extra-curricular event, or any other school program or activity that is not located in a school or on property that is owned or controlled by the Board.
The student commits an act at school, on other school property, an interscholastic competition, an extra-curricular event, or any other school 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, and/or other school employees.

Prior to suspending or expelling a student in any of grades Pre-K through three (3), the Principal shall, whenever possible, consult with a mental health professional under contract. If the events leading up to the student’s suspension or expulsion from school indicate that the student is in need of additional mental health services, the student’s Principal or the District’s mental health professional shall assist the student’s parent or guardian with locating providers or obtaining such services, including referral to an independent mental health professional, provided such assistance does not result in a financial burden to the District or the student’s school.

If a student in any of grades Pre-K through three (3) is suspended or expelled, the student shall be afforded the same notice and hearing, procedural, and educational opportunities as set forth in Board policy and the law. The suspension or expulsion of a student in any of grades Pre‑K through three (3) shall not limit the Board’s responsibilities with respect to the provision of special education and related services for such a student in accordance with Board policy and the law. Further, the Board shall not be limited in its authority to issue an in-school suspension to a student in any of grades Pre-K through three (3), provided that the in-school suspension is served in a supervised learning environment.

If the Superintendent determines that a student's behavior on a school vehicle violates school rules, the Superintendent may suspend the student from school bus-riding privileges for the length of time deemed appropriate for the violation and remediation of the behavior. Any such suspension must comply with due process and the Student Code of Conduct/Student Discipline Code.

The Board authorizes the Superintendent to provide options to suspension/expulsion of a student from school which may include alternative educational options.

The Superintendent shall initiate expulsion proceedings against a student who has committed an act that warrants expulsion under Board policy even if the student withdraws from school prior to the hearing or decision to impose the expulsion. The expulsion must be imposed for the same duration it would have been had the student remained enrolled.

The Board may temporarily deny admittance to any student who has been expelled from the schools of another Ohio district or an out-of-state district if the student’s expulsion period set by the other district has not expired. The expelled student shall first be offered an opportunity for a hearing. This provision also applies to a student who is the subject of a power of attorney designating the child’s grandparent as the attorney-in-fact or caretaker authorization affidavit executed by the child’s grandparent and is seeking admittance into the schools of this District in accordance with Policy 5111.

The Board may temporarily deny admittance to any student who has been suspended from the schools of another Ohio district if the student’s suspension period set by the other district has not expired. The suspended student shall first be offered an opportunity for a hearing.

When a student is expelled from this District, the Superintendent shall send written notice to any college in which the expelled student is enrolled under the College Credit Plus Program at the time the expulsion is imposed. The written notice shall indicate the date the expulsion is scheduled to expireand that the Board has adopted a provision in Policy 2271 under R.C. 3313.613 to deny high school credit for College Credit Plus courses taken during an expulsion.

If the expulsion is extended, the Superintendent shall notify the college of the extension.

The Superintendent may require a student to perform community service in conjunction with or in place of a suspension or expulsion. The Board may adopt guidelines to permit the Superintendent to impose a community service requirement beyond the end of the school year in lieu of applying the expulsion into the following school year.

A copy of this policy is to be posted in a central location in each school and made available to students and parents upon request. Key provisions of the policy should also be included in the parent-student handbook.

Revised 4/13/23