JKDSTUDENT SUSPENSION
JKD(Student Suspension/Expulsion/Due-Process Rights)
Discipline in the schools is critical to the provision and implementation of public education. The state legislature has granted the Governing Board the authority to discipline students, and the authority to impose suspensions or expulsions upon students who engage in conduct that interferes with the District's responsibility to educate students.
To ensure fairness, a student whose conduct may warrant suspension or expulsion shall be provided with appropriate due process. Appropriate due process shall include notice and an opportunity to be heard. The form of due process required shall depend upon the gravity of the situation and the type of discipline invoked. Unless an emergency exists, due process shall be provided prior to the imposition of a suspension or expulsion. In all cases of suspension, it shall be reported within five (5) days to the Governing Board.
District personnel administering discipline must follow discipline procedures for students with disabilities if the student being disciplined is entitled to the protections of the Individuals with Disabilities in Education Act (IDEA), Americans with Disabilities Act (ADA), or Section 504 of the Rehabilitation Act of 1973. Suspensions and expulsions of students with disabilities will follow the same procedural guidelines as presented in this policy except for exceptions noted in JKD-R.
If a student withdraws from school after receiving notice of possible action concerning discipline, suspension or expulsion, the Governing Board may continue with the action after the withdrawal and may record the results of such action in the student's permanent file.
A Student Handbook/Code of Conduct, which describes the District's policies, regulations and rules regarding student discipline, student suspension and expulsion, and student due process rights, shall be provided to all students and their parents.
Suspension 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 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 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 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 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, that are appropriate to the circumstances and that are considerate of health and safety. The School District shall document the alternative behavioral and disciplinary interventions it considers and employs.
E. The School District, 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 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.
Short-Term Suspension
Definition: Short-term suspension means the temporary withdrawal of the privilege of attending school and school-related events in the District for a period of ten (10) consecutive school days or less. There is no right to appeal a short-term suspension.
A school administrator has the authority to suspend a student for ten (10) school days or less. When a short-term suspension is the anticipated disciplinary action, the school administrator will provide the student with the opportunity to participate in an informal meeting between the school administrator and student, which may include other people associated with the incident. The school administrator will verbally inform the student of the alleged behavior that is considered a violation of the rules. The student will be given an opportunity to respond and present his or her version of the situation. If after these procedures are completed the school administrator decides that a short-term suspension is appropriate, the suspension will be imposed, and the parent(s) will be notified.
Notice Regarding Discipline: If a short-term suspension is imposed upon a student, the following steps shall be taken:
A. The school administrator will conference with the parent(s) before the student is permitted to leave the campus. If no parent contact is made, the student will be isolated until regular dismissal time. Parent(s) will be notified of the suspension by verbal or written communication.
B. Written notification shall be provided to the parent(s) within a reasonable time to explain the terms and reasons for the suspension.
Summary Suspension: Notwithstanding the above, a school administrator may immediately suspend a student when the student's presence creates a danger to any student or school personnel. As soon as the danger subsides, the due process procedures for short-term suspension shall be initiated.
Restrictions: A student who has been short-term suspended shall not be permitted on District property and shall not be permitted to participate in District functions or activities without special permission and prior approval by the associated school principal.
Homework and Class Assignment: Homework and class work will be made available for students who have been short-term suspended. The parent(s) may make arrangements to pick up the work from school for students suspended for three (3) to ten (10) days. Students will be given a reasonable amount of time to make up class work.
Recommendation for Long-Term Suspension or Expulsion: In addition to imposing a ten (10) day short-term suspension, a school administrator may forward information related to the student's misconduct to the District Hearing Officer (with or without recommendation). The District Hearing Officer shall then determine whether a long-term suspension or expulsion should be imposed/recommended in addition to the ten (10) day short-term suspension. The ten (10) day short-term suspension will still be in effect.
Long-Term Suspension
Definition: Long-term suspension means the temporary withdrawal of the privilege of attending school and school-related functions in the District for a period of eleven (11) consecutive school days up to one hundred and eighty (180) consecutive school days.
The District Hearing Officer has the authority to impose a long-term suspension following appropriate due process.
The student shall receive verbal notice of the alleged misconduct and the evidence that exists to support the allegation. The student shall then be provided with the opportunity to explain his/her version of the facts. The school administrator shall make reasonable efforts to verify facts and statements prior to imposing a suspension. Serious violation will result in a ten (10)-day suspension and a referral to the District Hearing Officer.
Notice shall be given to the parent(s) and student that the school administrator is referring the student to the District Hearing Officer. The parent(s) and student shall be given notice of applicable due process procedures.
The parent(s) will contact the District Hearing Officer to schedule a meeting to discuss the situation in an informal setting prior to the completion of the ten (10) day short-term suspension. After that meeting, the District Hearing Officer shall determine whether a long-term suspension shall be imposed. The District Hearing Officer may also consider educational interventions, reassignments to other District schools, re-classifications of offenses, and reductions of suspension days if deemed appropriate. There is no appeal for District Hearing Officer decisions unless a long-term suspension is imposed.
If the District Hearing Officer determines that good cause exists for a long-term suspension, the District Hearing Officer may impose, in-lieu of a long-term suspension, re-assignment to an alternative education program operated by the District. The student assigned to the alternative educational program shall not be permitted at any other school in the District during such placement without the written authorization of the District Hearing Officer. The student must attend the alternative program during the entire period that the student would have been long-term suspended. If the student does not attend the alternative program during this period, a long-term suspension will be imposed.
Restrictions: A student who has been long-term suspended shall not be permitted on District property and shall not be permitted to participate in District functions or activities without special permission and prior approval by the District Hearing Officer.
If the District Hearing Officer imposes a long-term suspension on the student, an appeal hearing may be requested by the parent. A request for an appeal hearing must be made to the Superintendent within five (5) working days after notification that the long-term suspension has been imposed. The long-term suspension may remain in effect throughout the appeal process or the District Hearing Officer may consider placement in an alternative education program or provide another educational option during the appeal process. The long-term suspension will be decided on a case-by-case basis.
If an appeal hearing is requested, a written Notice of Intent to Long-Term Suspend and Notice of Hearing will be sent to the parent. The Notice of Hearing will contain the following information:
A. The nature of the offenses alleged, and the policies, regulations or rules allegedly violated and known to the administration at the time.
B. A statement that the student is being recommended for long-term suspension and the restrictions that would be imposed on the student during the period of the long-term suspension.
C. Definition of a long-term suspension.
D. Date, time and place of the hearing.
E. Name of Hearing Officer, if known.
F. Notice of the hearing by a Hearing Officer who has been appointed.
G. Notice that the hearing will be held in a closed session unless the parent requests an open hearing.
H. Designation of the witnesses that the Superintendent may call at the hearing and a copy of all exhibits that the Superintendent may use at the hearing. The list of witnesses and exhibits shall contain a brief description of the subject matter of the testimony of each witness who will be called to testify at the hearing.
I. Notice of the right of the parent to access the student's records prior to the hearing.
J. Notice upon request that the parent provide the Superintendent with his/her list of witnesses and exhibits at least two (2) working days prior to the hearing.
K. Notice of the parents' responsibility to notify the District of whether he/she intends to attend the hearing and whether the student will be represented by counsel. This information should be provided to the Superintendent at least two (2) working days prior to the hearing.
L. Notice that no witness or exhibit shall be used at the hearing other than those listed and exchanged, except for good cause shown or upon agreement of the parties.
M. Notice of the student's right to be represented by legal counsel at his/her own cost.
N. Notice of the student's right to present witnesses and cross-examine the District's witnesses and to introduce documentary evidence.
O. Notice of the District's right to cross-examine the student's witnesses and to introduce documentary evidence.
P. Notice of the Hearing Officer's right to question all witnesses.
Q. Notice of the student's right to have the District bear the burden of proof for the offense(s).
R. Notice that the hearing will be recorded, whether audio-recorded or by some other appropriate manner, and that the student may request a copy of the record or record the hearing at the student's expense.
S. Notice that if the student is withdrawn from school before the scheduled hearing, the hearing may still take place, and the Governing Board may record the results of the action in the student's permanent file.
The hearing will be conducted at the District level by a non-District Hearing Officer within ten (10) working days of receipt of the request. The parent(s) shall be given written notice of the date, time and place for the hearing at least three (3) working days prior to the hearing. After the hearing, the non-District Hearing Officer's decision shall be issued within five (5) working days of the hearing.
The decision may be appealed by sending a written notice of appeal to the Governing Board within five (5) working days after receipt of the hearing decision. The Governing Board is the ultimate authority in the District and is not required to accept the non-District hearing officer's decision.
The Governing Board shall consider the appeal at its next regularly scheduled board meeting or within fourteen (14) working days, whichever is more appropriate, and shall communicate its decision in writing within three (3) working days after its meeting.
The Governing Board will meet in executive session to review the record of the appealed hearing. After the hearing, the Governing Board will make a decision regarding the long-term suspension. A notice informing the parent(s) of the decision will be by hand delivery or mailed by certificate of mailing within three (3) working days of the Governing Board's decision. The Governing Board’s decision is final.
Expulsion
Definition: Expulsion means the permanent withdrawal of the privilege of attending a school or any function in the District unless the Governing Board reinstates that privilege. Only the Governing Board can expel a student. Expulsion shall take effect only after a hearing is conducted and the Governing Board has made a decision to expel. All correspondence related to expulsion will be done through hand delivery or certificate of mailing.
These steps will be followed for an expulsion:
A. The student shall receive verbal notice of the alleged misconduct and the evidence that exists to support the allegation. The student shall then be provided with the opportunity to explain his/her version of the facts. The school administrator shall make reasonable efforts to verify facts and statements prior to imposing a suspension. Serious violation will result in a ten (10)-day suspension and a referral to the District Hearing Officer.
B. Notice shall be given to the parent(s) and student that the school administrator is referring the student to the District Hearing Officer. The parent(s) and student shall be given notice of applicable due process procedures.
C. The parent(s) will contact the District Hearing Officer to schedule a meeting to discuss the situation in an informal setting prior to the completion of the short-term suspension. After that meeting, the District Hearing Officer shall determine whether a long-term suspension should be implemented pending an expulsion hearing.
All expulsion hearings will be conducted by a Governing Board approved non-District hearing officer as provided in A.R.S. 15-843(F)(2) and written notice will be given to the student as provided in A.R.S. 15-843(F)(3).
Written Notice of Intent to Expel and Notice of Hearing: If expulsion is recommended, a Written Notice of Intent to Expel and Notice of Hearing shall be mailed and/or hand-delivered to the parent(s) no less than five (5) working days prior to the hearing. This letter should contain the following information:
A. The nature of the offenses alleged, and the policies, regulations or rules allegedly violated and known to the administration at that time.
B. A statement that the student is being recommended for expulsion and the restrictions that would be imposed on the student during the period of expulsion.
C. Definition of expulsion.
D. Date, time and place of the hearing.
E. Notice that a non-District Hearing Officer has been appointed to conduct the hearing, and the name of the Hearing Officer.
F. Designation of the witnesses that the District may call at the hearing, and a copy of all exhibits that the District use at the hearing. The list of witnesses and exhibits shall contain a brief description of the subject matter of the testimony of each witness who will be called to testify at the hearing.
G. Notice of the right of the parent(s) to access all adverse evidence which may be presented, as well as access to the student's records prior to the hearing.
H. Notice that upon request, the parent(s) shall provide the District with his/her list of witnesses and exhibits at least two (2) working days prior to the hearing.
I. Notice of the parents' responsibility to notify the District of whether he/she intends to attend the hearing and whether the student will be represented by counsel. This information should be provided to the Superintendent at least two (2) working days prior to the hearing.
J. Notice that no witness or exhibit shall be used at the hearing other than those listed and exchanged, except for good cause shown or upon agreement of the parties.
K. Notice of the student's right to be represented by legal counsel at his/her own cost.
L. Notice of the student's right to present witnesses and cross-examine the District's witnesses and to introduce documentary evidence.
M. Notice of the District's right to cross-examine the student's witnesses and to introduce documentary evidence.
N. Notice of the Governing Board's Hearing Officer's right to cross-examine all witnesses.
O. Notice of the student's right to have the District bear the burden of proof for the offense(s).
P. Notice that the hearing will be recorded, whether audio-recorded or by some other appropriate manner, and that the student may request a copy of the record or record the hearing at the student's expense.
Q. Notice that if the student is withdrawn from school before the scheduled hearing, the hearing may still take place and the Governing Board will record the results of the action in the student's permanent file.
The non-District Hearing Officer will hold the hearing closed to the public unless requested by the parent to hold the hearing open to the public, except that if more than one (1) student is subject to expulsion and disagreement exists between the parents or guardians of different students, separate hearings shall be held.
Upon completion of the hearing, the non-District Hearing Officer will make a recommendation to the Governing Board. The Governing Board is the ultimate authority in the District and is not required to accept the non-District hearing officer's recommendation.
The non-District Hearing Officer will provide the Governing Board with his/her record and recommendation within five (5) working days of the hearing. Upon receiving the record and recommendation, the Governing Board will make a decision within thirty (30) days, unless a later date is mutually agreed to by all parties. The Governing Board shall provide written notice to the student’s parent or guardian of the date, time and location of the Governing Board meeting at which the Governing Board will review the record, consider the non-District Hearing Officer’s recommendation and make a decision. Students and their parents or guardians and legal counsel may attend the executive session and shall have access to the minutes and testimony of the executive session or may record the executive session at their expense. A notice informing the parent(s) of the Governing Board’s decision will be by hand-delivery or mailed by certificate of mailing within three (3) working days of the hearing.
The decision of the Governing Board is final.
Rescheduling
The non-District hearing officer may reschedule a due process hearing:
A. Upon showing good cause by the non-District Hearing Officer or the parent(s); or
B. Upon written agreement of the parties.
Readmittance Upon Conclusion
of Suspension
A student who has been long-term suspended shall be entitled to return to a Gilbert Public Schools (GPS) school upon completion of the long-term suspension.
Readmittance of Expelled Students
A student who has been expelled may apply for readmittance by written request through the Superintendent a minimum of one (1) calendar year after the expulsion.
A. The written request for readmittance shall contain facts and evidence indicating resolution of the problems that led to the expulsion. Supporting statements from persons other than the parent(s) or student may be included with the request.
B. The Governing Board shall consider each request individually and make an independent determination of whether the request shall be granted.
C. The Governing Board may order an informal hearing to be held on any written request for readmittance. At the hearing, the student shall bear the burden of establishing that the student should be readmitted to the District.
D. If the Governing Board chooses to readmit the student, the Governing Board may establish the terms of the readmittance.
Restrictions
A student who has been long-term suspended or expelled shall not be permitted on District property and shall not be permitted to participate in District functions or activities without special permission and prior approval by the Superintendent or the District Hearing Officer.
Police Involvement
School officials are not required to initiate or complete due process procedures prior to notifying law enforcement officers. If law enforcement officers are notified, parent(s) will be contacted by administrator, unless the police direct otherwise. Any action taken by law enforcement officers will be separate from disciplinary action taken by the School District.
Adopted: February 27, 2024
LEGAL REF.:
A.R.S.
13-3401
13-3411
15-342
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