JKE ©EXPULSION OF STUDENTS
JKE ©A recommendation to expel may be made through the administrator and forwarded to the Executive Director. The authority to expel rests with the Executive Director subject to change only if the Governing Body determines by a vote of one or more than a majority of those who vote that the student was not afforded due process rights or that this policy was not followed in all substantive respects. All expulsions requested shall have supporting data indicating the required due process procedure provided at the time of recommendation.
Expulsion of pupils in a kindergarten program and grades one (1) through four (4) must comply with A.R.S. 15-843(K), as follows:
Unless required by A.R.S. 15-841(G), bringing a firearm to school, which may be modified on a case-by-case basis, a school district or charter school may out-of-school suspend or expel a pupil who is enrolled in kindergarten through fourth grade (K-4) only if all of the following apply:
A. The pupil is seven (7) years of age or older.
B. The pupil engaged in conduct on school grounds that meets one (1) of the following criteria:
1. Involves the possession of a dangerous weapon without authorization from the school.
2. Involves the possession, use or sale of a dangerous drug as defined in A.R.S. 13-3401, or a narcotic drug as defined in A.R.S. 13-3401 or a violation of A.R.S. 13-3411.
3. Immediately endangers the health or safety of others.
4. The pupil's behavior is determined by the School District Governing Board or Charter School Governing Body to qualify as aggravating circumstances and that all of the following apply:
a. The pupil is engaged in persistent behavior that has been documented by the school and that prevents other pupils from learning or prevents the teacher from maintaining control of the classroom environment.
b. The pupil’s ongoing behavior is unresponsive to targeted interventions as documented through an established intervention process that includes consultation with a school counselor, school psychologist or other mental health professional or social worker if available within the School District or Charter School or through a state sponsored program.
c. The pupil’s parent or guardian was notified and consulted about the ongoing behavior.
d. Before a long-term suspension or expulsion, the school provides the pupil with a disability screening and the screening finds that the behavioral issues were not the result of a disability.
C. Failing to remove the pupil from the school building would create a safety threat that cannot otherwise reasonably be addressed or qualifies as “aggravating circumstances.”
D. Before suspending or expelling the pupil, the School District or Charter School considers and, if feasible while maintaining the health and safety of others, in consultation with the pupil’s parent or guardian to the extent possible, employs alternative behavioral and disciplinary interventions that are available to the School District or Charter School, that are appropriate to the circumstances and that are considerate of health and safety. The School District or Charter School shall document the alternative behavioral and disciplinary interventions it considers and employs.
E. The School District or Charter School, by policy, provides for both:
1. A readmission procedure for pupils who are in kindergarten through fourth grade (K-4) and who have served at least five (5) school days of a suspension from the school that exceeds ten (10) school days to be considered for readmission on appeal of the pupil's parent or guardian.
2. A readmission procedure for pupils who are in kindergarten through fourth grade (K-4) and who are expelled from or subject to alternative reassignment at the school to be considered for readmission on appeal of the pupil's parent or guardian at least twenty (20) school days after the effective date of the expulsion or alternative reassignment.
A school district or charter school is exempt from having to meet the prescribed criteria for the suspension of a student in kindergarten (K) or the first through fourth (1st – 4th) grades if either:
A. Expulsion is required pursuant to A.R.S. 15-841(G) due to a student’s possession of a firearm at school.
B. The suspension does not exceed two (2) days and the aggregate suspensions for the pupil do not exceed ten (10) days within a school year.
"Aggravating circumstances" means the pupil is engaged in persistent behavior that:
A. has been documented by the school.
B. prevents other students from learning or prevents the teacher from maintaining control of the classroom environment.
C. is unresponsive to targeted interventions as documented through an established intervention process.
Expulsion
Regular Education Students
Expulsion is the permanent exclusion of a student from school and school activities, unless the Executive Director reinstates the student's privileges to attend school.
A. Step 1: Each recommendation for expulsion shall be delivered to the Executive Director.
B. Step 2: A recommendation for expulsion may be made before, after or in conjunction with a long-term suspension hearing, if one is to be held.
C. Step 3: In each case in which a recommendation for expulsion receives approval by the Executive Director, the Executive Director will determine:
1. whether the nature of the accusations against the student justify an expulsion hearing,
2. whether the hearing will be held before the Executive Director or before a hearing officer,
3. to designate a hearing officer if one will be used, and
4. if the hearing will be conducted in executive session. Under normal circumstances, the Executive Director will not review any documents or other pertinent evidence during this initial determination.
D. Step 4: The expulsion hearing should be scheduled so that it may be resolved, if reasonably possible, during the period of any suspension.
E. Step 5: A formal letter to the responsible parent or guardian will be mailed by certified mail with return receipt requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the formal hearing. A copy of this letter will remain on file, and the letter should contain:
1. A statement of the charges and the rule violated.
2. The extent of the punishment to be considered.
3. The date, time, and place of the formal hearing.
4. A designation of the School's witnesses.
5. That the student may present witnesses.
6. That the student may be represented by counsel.
7. If a hearing officer has been appointed, the name of the hearing officer and how the hearing officer may be contacted, or a statement that the Executive Director will preside at the hearing.
8. Copies of this policy and A.R.S. 15-840 and 15-843 unless previously provided in connection with the same infraction.
F. Step 6: The parent, guardian or emancipated student shall be informed of the following:
1. Nothing in these procedures shall be construed to prevent the students who are subject to the action and their parents or legal guardians and legal counsel from attending any executive (closed) session pertaining to the proposed disciplinary action, or from having access to the minutes and testimony of such session or from recording such a session at the parent's or legal guardian's expense.
2. The student is entitled to a statement of the charges and the rule violated.
3. The student may be represented by counsel, without bias.
4. The student may present witnesses.
5. The student or counsel may cross-examine witnesses presented by the School.
6. The burden of proof of the offense lies with the School.
7. Either the hearing must be recorded on tape or an official record must be kept in some other appropriate manner. In addition, parents are to be allowed to tape-record the hearing at their own expense.
8. The School has the right to cross-examine witnesses, and may be represented by an attorney.
9. If the hearing is held before a hearing officer, the hearing will be conducted in private with the attendance of only the hearing officer, administrative representatives, the student and parent(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or emancipated student requests in writing that the hearing be open to public attendance.
10. If the hearing is held before the Executive Director the Director will conduct the hearing in executive session with the attendance of only the administrative representatives, the student and parent(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or emancipated student requests in writing that the hearing be open to public attendance.
G. Step 7: A formal hearing will be held:
When a parent or legal guardian has disagreed that the hearing should be held in executive (closed) session, it shall be held in an open meeting unless:
a. If only one (1) student is subject to the proposed action, and disagreement exists between that student's parents or legal guardians, then the Executive Director (hearing officer), after consultation with the student's parents or legal guardians, shall decide in executive (closed) session whether the hearing will be in executive (closed) session.
b. If more than one (1) student is subject to the proposed action and disagreement exists between the parents of different students, then separate hearings shall be held subject to the provisions of A.R.S. 15-843.
H. Step 8: The decision and appeal procedure, if applicable, upon the conclusion of the hearing will be as follows:
Upon conclusion of a hearing conducted by a hearing officer or the Executive Director, if expulsion is determined, the decision may be appealed to the Governing Body. A formal letter to the responsible parent or guardian will be mailed by certified mail with return receipt requested or delivered by hand (with an adult witness present) indicating the expulsion. A copy of this letter will remain on file, and the letter should explain:
a. The time and place of the Governing Body meeting.
b. That the determination may be appealed at the Governing Body meeting.
c. That the appeal shall be in writing delivered to the Executive Director prior to the time of the Governing Body meeting.
d. That the written appeal shall indicate a spokesperson on behalf of the student.
e. That the spokesperson will be given time to speak to the Governing Body on appeal.
f. The appeal to the Governing Body will be on the record of the hearing. The decision of the hearing officer or Executive Director is final unless the Governing Body determines by a vote of one (1) more than a majority of those who vote that the student was not afforded due process rights or that this policy was not followed in all substantive respects.
Special Education Students
A student qualified under the Individuals with Disabilities Education Act (IDEA) as revised in 2004 may not be expelled from school, unless as a result of a Manifestation Determination it has been determined that the student's behavior is unrelated to the child's disability. The Manifestation Determination must be held within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct. In compliance with federal law and regulation, the student may be given a change in placement in lieu of expulsion. Expulsion may not result in termination of educational services for a student qualified under the Individuals with Disabilities Education Act. The Individualized Education Program Team generally determines a change in placement of an IDEA qualified student. During any change in placement the school must provide services to the extent necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's Individualized Education Programs.
A student with a disability qualified under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 and not qualified under the Individuals with Disabilities Education Act as revised in 1997, may be suspended or expelled from school and education services may be ceased, if nondisabled students in similar circumstances do not continue to receive education services.
Readmittance Procedure:
A. A student expelled from the School may request readmittance by making a written application to the Executive Director. Readmission is at the discretion of the Executive Director. In addition, it is the prerogative of the Governing Body to stipulate appropriate conditions for readmittance. The application for readmittance shall occur no less than nine (9) months after the date of the expulsion; however, the student may not be readmitted until at least two (2) complete semesters have passed (the remainder of the semester in which the violation has occurred and two [2] additional semesters). The application must:
1. Be written and be directed to the attention of the Executive Director.
2. Contain all information that the student and parent(s) consider relevant to the determination as to whether or not to readmit the student. This should include information indicating:
a. An appreciation by the student of the severity and inappropriateness of the student's prior misconduct.
b. That such misconduct or similar misconduct will not be repeated.
c. A description of the student's activities since the expulsion.
d. Support of the student's application for readmission.
B. It is important that the application for readmission contain all information important in determining whether to readmit the student. The Executive Director shall determine whether the student should be readmitted, and, if so, under what restrictions and conditions. The burden is on the student and parent(s) to have convinced the Executive Director that readmission is appropriate considering the interests of the expelled student, the School, and the interests of the other students and staff members. The Executive Director decision is final.
C. A student may file more than one (1) application for readmission. Applications subsequent to an initial application, however, may not be filed more frequently than every ninety (90) days.
Readmittance Conditions
As a condition for readmission from an expulsion, the student, with parent(s) or guardian affirmation, shall agree to the following conditions:
A. Regular attendance – no unexcused absence.
B. No violation of School rules or policies.
C. Completion of all classroom tasks in a timely fashion, as directed.
D. Depending upon the nature of the original violation for which the expulsion was provided, the student may be limited as to attendance or participation in after School activities, School sports, and extracurricular events or activities.
A student allowed readmission following expulsion shall receive a written admonition that the original expulsion will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the School order.
Adopted: March 25, 2024
LEGAL REF.:
A.R.S.
13-3401
13-3411
15-766
15-767
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JK - Student Discipline
JR - Student Records