JKEEXPULSION OF STUDENTS
JKEExpulsion is the permanent exclusion of a student from school and school activities, unless the Governing Board reinstates the student's privileges to attend school.
Only the Board is authorized to expel a student. The Board directs all expulsion hearings to be conducted by a hearing officer selected from a list of hearing officers approved by the Board.
A student who has been 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 principal.
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.
"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.
Regular Education Students:
A. Step 1: Each recommendation for expulsion shall be delivered to the Superintendent. A recommendation for expulsion may be made before, after or in conjunction with a long-term suspension hearing, if one is to be held. All expulsions recommended shall have supporting data indicating the required due process procedure provided at the time of recommendation.
B. Step 2: If the Superintendent concurs with the recommendation, the Superintendent shall present the recommendation for expulsion to a hearing officer selected from a list of hearing officers approved by the Board.
C. Step 3: The expulsion hearing should be scheduled so that it may be resolved, if reasonably possible, during the period of any suspension.
D. Step 4: A formal letter to the responsible parent, guardian, or emancipated student will be mailed by certified mail with return receipt requested or delivered by hand (with an adult witness present) at least five (5) business days prior to the formal hearing. A copy of this letter will remain on file, and shall include the following:
1. A statement of the offense(s) alleged, and the policies, regulations and/or rules allegedly violated.
2. A statement that the Superintendent has recommended that expulsion be imposed.
3. The date, time, and place of the formal hearing.
4. The name of the hearing officer appointed to conduct the hearing.
5. A list of the witnesses that the District may call at the hearing and a copy of all exhibits that the District may use at the hearing.
6. Notification that the student may present witnesses, written statements, and other evidence at the hearing. If the student intends to exercise this option, the student must provide the District with a witness list and copies of all documentary evidence at least one (1) business day prior to the hearing. If the student fails to disclose the witness list and/or proposed evidence, the student may be prevented from using the witnesses and/or evidence at the hearing.
7. Notification that the student may be represented by counsel at the hearing, at the student's expense, without bias to the student. If the student intends to exercise this option, the District must be notified in writing at least three (3) business days prior to the hearing. If counsel for student is present at the hearing without this notification to the District, the expulsion hearing may be rescheduled at the District's discretion.
8. Copies of this policy and A.R.S. 15-840 and 15-843 unless previously provided in connection with the same infraction.
E. Step 5: A formal hearing will be held, during which 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 policies, regulations and/or rules allegedly violated.
3. The student may be represented by counsel, without bias to the student.
4. The student may present witnesses.
5. The student or counsel may cross-examine witnesses presented by the District.
6. The burden of proof of the offense lies with the District.
7. The hearing must be recorded on tape or an official record must be kept in some other appropriate manner. In addition, parents may record the hearing at their own expense.
8. The District has the right to be represented by an attorney, and to cross-examine witnesses put forth by the student.
9. 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. 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 Board (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.
F. Step 6: Upon conclusion of a hearing, the hearing officer will consider the matter outside the presence of the student, the student's parent(s), or any other person who participated in the hearing. The hearing officer will prepare a written recommendation to the Board within five (5) business days after the hearing.
Post-Hearing Procedure
A formal letter to the parent, guardian or emancipated student will be mailed by certified mail with return receipt requested or delivered by hand (with an adult witness present) and will include the hearing officer's written recommendation. The letter shall explain:
A. The time and place of the Board meeting at which the recommendation will be made.
B. That the recommendation may be appealed.
C. That an appeal must be in writing, delivered to the Superintendent at least three (3) business days prior to the Board meeting at which it will be considered.
D. The appeal letter must describe in detail all objections to the due process provided to student or the recommendation made.
E. That student shall designate a spokesperson who will be given time to speak to the Board at the appeal.
F. That the appeal to the Board will be on the record of the hearing held by the hearing officer. A quorum of the Board members present for the meeting at which the appeal is heard shall review any and all transcripts, audio or video recordings of the hearing.
G. That the Board shall not consider any new evidence that could have, with reasonable diligence, been presented at the hearing before the hearing officer.
Governing Board Review or Appeal
of Expulsion Recommendation
The Board will consider the recommendation of the hearing officer in executive session at its first regularly scheduled meeting in the month immediately following the month within which the hearing officer's decision is rendered, or at a specially-convened meeting at the Board's discretion.
If no written appeal is timely made by parent, guardian or emancipated student, the Board shall consider the hearing officer's recommendation in executive session. The Board shall vote to accept, reject or modify the hearing officer's recommendation in executive session.
If the parent, guardian or emancipated student wishes to appeal the expulsion recommendation, the request to appeal must be in writing, delivered to the Superintendent at least three (3) business days prior to the Board meeting at which it will be considered, and comply with the following:
A. The appeal letter from the parent, guardian or emancipated student must describe in detail all objections to the due process provided to student or the recommendation made.
B. Parent, guardian or emancipated student shall designate a spokesperson for the student at the appeal to the Board. The spokesperson will be given time to speak to the Board at the appeal.
C. New evidence that could have, with reasonable diligence, been presented at the hearing before the hearing officer may not be presented.
D. The appeal to the Board will be on the record of the hearing held by the hearing officer. A quorum of the Board members present for the meeting at which the appeal is heard shall review any and all transcripts, audio or video recordings of the hearing.
E. The Board may accept the hearing officer's recommendation or reject the recommendation and impose a different disciplinary action including assignment to an alternative educational program. The Board may grant a new hearing, take the matter under advisement, or take any further action deemed necessary.
F. The decision of the Board shall become effective the day after the Board's decision.
G. The decision of the Board is final.
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 not a manifestation of his or her 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 (IEP) 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 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 not a manifestation of his or her 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.
Procedures and Conditions for Readmission
of Expelled Students
Readmittance Procedure
A student expelled from the District may request readmittance by making a written application to the Board. Readmission is at the discretion of the Governing Board. In addition, it is the prerogative of the Board 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 following procedure must be followed:
A. A written request must be filed in the Superintendent's office on behalf of the student by the student's parent or guardian, directed to the attention of the Board.
B. The written request shall include a summary of the student's activities and accomplishments during the expulsion period, written and signed by the student and signed and attested to by the parent or guardian. Parents of elementary grade students may prepare the summary.
C. The written request shall include all information that the student and parent(s) consider relevant to the Board's determination as to whether or not to readmit the student. This should include information indicating:
1. An appreciation by the student of the severity and inappropriateness of the student's prior misconduct.
2. That such misconduct or similar misconduct will not be repeated.
3. Letters of support for the student's application for readmission.
The Board shall meet in executive session to consider an initial application for readmission. The student and parents have the right to be present in the executive session but do not have the right to make a presentation or address the Board unless they are asked to do so. For this reason, it is important that the application for readmission contain all information that the Board may deem important in determining whether to readmit the student. The Board, in its sole discretion, 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 convince the Board that readmission is appropriate considering the interests of the expelled student, the District, and the interests of the other students and staff members.
The Board's determination to allow readmission may be based on, but not limited to, the following elements:
A. The age of the student.
B. The frequency, type and magnitude of previous misconduct by the student.
C. The relative severity of the event(s).
D. Whether the student's misconduct violated civil or criminal laws.
E. The degree to which the incident(s) interfered with the educational process.
F. The extent to which the event endangered the student, others or property.
G. Special intellectual, psychological, emotional, environmental and physical characteristics of the student.
H. The student's attitude as to the event(s).
The Board's decision is final.
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, and the Board shall meet to discuss and consider the application only if at least two (2) members of the Board ask that the matter be placed on an agenda for discussion in executive session.
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 discipline was imposed, the student may be limited as to attendance or participation in after school activities, school sports, and extracurricular events or activities.
E. Any restrictions or conditions determined by the Board.
F. A student return date will be determined by District administration, to minimize disruption to the educational environment.
A student allowed readmission following expulsion and his/her parent or guardian shall sign a written admonition that any violation of the conditions for readmission, will result in the original expulsion being reinstated without further due process.
Adopted: June 28, 2023
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
JKD - Student Suspension
JR - Student Records