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The superintendent or designee is the only person authorized by the school board to expel a student. The expulsion of a student will not exceed one calendar year. Any student who brings a dangerous weapon onto school property or to a school-sponsored activity, or possesses, conceals, or uses a dangerous weapon on school property, or at a school-sponsored activity, shall be expelled for one calendar year unless a specific exception is made by the superintendent or the superintendent’s designee. An expulsion will be from all district schools and activities unless otherwise specified. Prior to the expulsion of a student, the district will consider and propose alternative programs of instruction or counseling or both for the pupil.
The following is a summary of the expulsion procedures. Administrative Rule 3330, Process for Expulsion, outlines the expulsion procedures in detail.
- The principal notifies the parent or guardian and the student in writing of the intent to request expulsion, citing the charges against the student.
- The principal submits to the superintendent a written request for expulsion including a description of the charges with supporting facts and evidence.
- The superintendent sets a date and place for an expulsion hearing.
- A hearing officer designated by the superintendent conducts the expulsion hearing. The principal presents all evidence supporting the proposed expulsion, and the student has an opportunity to respond to the evidence and to present his or her version of the events. The student may choose to have counsel or representation at the hearing.
- Where the student or the student's parent cannot understand the spoken-English language, an interpreter will be provided by the district.
- The hearing officer determines the facts of the case on the evidence presented at the hearing. The hearing officer's opinion and decision, with the recommendation for disciplinary action, goes to the Superintendent.
- The Superintendent states the decision in identical form to the student and parent/guardian, their representative, and the principal requesting the expulsion no later than three school days following the hearing.
- The student and parent or guardian may appeal the decision to the school board through a written request directed to the Superintendent within 72 hours after receiving the decision.
- A parent, or if the student is 18 years of age or older, the student, may waive the right to a formal hearing by completing a form entitled, "Waiver, Stipulation of Facts, and Recommendation for Expulsion" if the student and parents agree to the facts and reasons the administrator has given for proposing an expulsion and they accept, or successfully negotiate, the recommended expulsion action and the alternative education option to be provided for the duration of the expulsion. The administrator must provide the student and his/her family with a copy of the district’s expulsion procedures, which informs them of their rights before they sign a waiver. This alternative process may not be used for a special education student, or if the administrator is requesting an exception to the requirement that there be a one calendar year out-of-school expulsion for a violation of the district’s weapons’ policy.
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