EXPULSION PROCESS

A student may be suspended or expelled for prohibited misconduct if the act is related to school activity or school attendance occurring at anytime including but not limited to: a) while on school grounds; b) while going to or coming from school; c) during the lunch period, whether on or off the school campus; d) during, going to, or coming from a school-sponsored activity.

The principal has the responsibility to recommend expulsion.  Therefore, if another administrator has the responsibility for day-to-day discipline, he/she must confer with the principal before recommending expulsion.

The goal of Envision Schools is to find a way to support student success through inclusion in the school family, so expulsion is always a last resort.  The principal and/or designee should feel comfortable that all manner of intervention has been attempted before considering a recommendation of expulsion.  Sometimes this means working with staff members who have not taken the appropriate action that allows the student to change his/her behavior.  A recommendation of expulsion should not come as a surprise (it has been previously discussed as a possibility with a parent) or feel like it is being done to appease a staff member or parent(s).

Although we are not required to meet the standards of proof required in court, we do need to be able to convince a reasonable person that what is alleged did happen.  We also can’t expel a student based on written evidence alone unless the student admits the rule violation in writing.  Filling out the Principal’s Recommendation for Expulsion form should give one a good indication whether a recommendation of expulsion is warranted or not.

KEEPING ACCURATE AND COMPLETE DISCIPLINE RECORDS IS A MUST. 

Good records allow you to make and support your decision objectively.  They also insulate you from faculty complaints and lawsuits, as it is easy to defend your position by using the records.  Good records can make an unpleasant situation a little easier.

The Envision School Suspension and Expulsion Policy and Procedure doesn’t delineate any mandatory expulsion offenses or require a secondary finding.  We are only required to prove to a reasonable person that the alleged violation did occur and that we have given the student every opportunity to succeed before an administrative panel can recommend expulsion to the Envision Schools Board.

However, there are acts that are such breaches of the community trust and compromise the safety and well being of students that a principal is compelled to recommend expulsion on a first offense. Sale of drugs, possession of a firearm, brandishing a knife or other weapon, sexual assault and stealing school property are some examples. The offenses that warrant a recommendation of expulsion on a first offense should be well known to the students and parents.

STEP-BY-STEP PROCESS:

Once it has been determined to move forward with a recommendation of expulsion the following steps will ensure the desired outcome:

Step 1: Determine whether the student has an IEP.  If no, proceed with Steps 2-8.  If yes, proceed with Steps 2 and 3, and then go directly to Step 9.

Step 2: Inform the parent/guardian either in person or by phone of your decision to suspend the student for 5 days and explain the next steps.  Invite them to a meeting to consider extending the suspension.  Fill out 3-Notice of Suspension.doc and 11-Invitation to Meeting to Extend Suspension and Recommend Expulsion.doc

Step 3: Fill out or update the 10-Recommendation for Expulsion.doc.  Doing this will pull together the necessary paper work for parent/guardian notification of the hearing and presenting the school’s case at the hearing or manifestation determination.

NOTE: Steps 2 and 3 three can be done in reverse order, however it is a must that these steps are completed the day of the suspension or at the latest the following school day in the morning.

Step 4: Contact the Chief Academic Officer to discuss the case and make a decision on whether moving for an expulsion is the right path.  If so, with the CAO determine a date for the hearing.  Our policy requires that the notification of an expulsion hearing must be mailed to the student and student’s parent/guardian at least ten (10) calendar days before the date of the hearing.  The hearing must be held within thirty (30) school days after the Principal or designee has determined the student has committed an expellable offense. 

Step 5: Send the 3-Notice of Suspension.doc (be sure Expulsion is recommended is checked) and the 11-Invitation to Meeting to Extend Suspension and Recommend Expulsion.doc.  All correspondence to the parent/guardian concerning a recommendation of expulsion is to be sent by regular and certified mail. This notification is sent by the end of the workday following the beginning of the suspension.

Step 6: At the meeting with the parent, review the offense, past disciplinary records, academic performance, and attendance.  Discuss the possibility of Stipulated Expulsion or Stipulated Suspended Expulsion as appropriate.  At the meeting personally serve the 12-Notice of Expulsion Hearing.doc and 14-Extension of Suspension and Recommendation of Expulsion.doc to parent/guardian.  Include all 5-Witness to Incident Form.doc and 6-Victim of Incident Form.doc (Forms 5 & 6) as well as any evidence that will be included in the expulsion hearing.  Have parents sign the 15-Stipulated Expulsion Contract.doc.  Unless there are extenuating circumstances, this is completed within three (3) days after the offense was committed, but in no case more than five (5) days.  If the parents want to hold the hearing prior to the ten days from date of meeting, have them sign the 13-Waiver_of_10_days_notice.doc

Step 7: If other than the administrator who recommended expulsion, inform staff and/or students who will be witnesses at the hearing of the date, time and place for the hearing.

Step 8: The day prior to the hearing, remind witnesses of the hearing and review the written evidence in preparation for presenting the school’s case at the hearing.

Step 9: Contact the appropriate Special Education personnel and determine a date, time and place to hold a Manifestation Determination IEP, and review overall number of days of suspension YTD (cannot exceed 10 days).

Step 10: Send the Notice of Suspension (be sure Expulsion is recommended is checked) and the Notice of a Manifestation Determination IEP.  All correspondence to the parent/guardian concerning a recommendation of expulsion is to be sent by regular and certified mail. This notification is sent by the end of the workday after the offense was committed.

Step 11: Participate in the Manifestation Determination. If the violation is determined to be a manifestation of the student’s disability the IEP Team shall:

a) Conduct a functional behavioral assessment or a functional analysis assessment, and implement a behavioral intervention plan for such child, provided that the School had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement;

b) If a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior; and

c) Return the child to the placement from which the child was removed, unless the parent and the School agree to a change of placement as part of the modification of the behavioral intervention plan.

Step 12: If the School, the parent, and relevant members of the IEP team determine that the behavior was not a manifestation of the student’s disability and that the conduct in question was not a result of the failure to implement the IEP, then return to and complete Steps 4 through 8.

Step 13: Once hearing is complete, CAO will forward the 18-Findings of Fact from Expulsion Hearing.doc and 20-Board Resolution-hearing.docto the Board of Directors or its appointed subset.

Step 14: Board will meet to determine outcome and notify CAO of final binding decision.

Step 15: Mail to parents 19-Notice to Parent of Boards Expulsion Decision.docx and 18-Findings of Fact from Expulsion Hearing.doc

Step 16: Mail to district the 17-Notice to District of Expulsion or Disenrollment.doc along with appropriate documentation.

STIPULATED EXPULSIONS

When a student is recommended for expulsion, he or she has the right to a due process hearing.  However, there are circumstances when an agreement between the school and parent to waive those rights and stipulate the expulsion can be in the best interest of the student.  Those circumstances are:

a)The principal wants to keep the student in school on a “last chance” contract that will not require an expulsion hearing if the student does not modify his/her behavior and breaks the contract (Stipulated Expulsion).  In this case, the stipulated agreement would be for a suspended expulsion and the student would immediately return to school following the end of the suspension period.

b)The student admits the violation and it is one that has been determined to necessitate expulsion from an Envision School.  In this case, the parent and student may not want to attend a hearing and it will expedite the process for finding an alternative educational placement.

c)There is long history of misbehavior, the student is significantly behind in credits, and the school has gone the extra mile trying to support the student’s success and the parent understands and agrees that further effort by the school is not warranted. 

d)The student is in need of some kind of therapy before he/she will be able to succeed in school.  The school may help the parent get an appropriate placement for the student.  In some cases, the placement requires an expulsion.

In cases of Stipulated Expulsion, Follow Steps 1 – 12 above, then:

Step 13: Have parents sign the 15-Stipulated Expulsion Contract.doc.  Forward the signed Stipulated Expulsion contract and all supporting documents to CAO.  CAO will forward the 15-Stipulated Expulsion Contract.doc and 20-Board Resolution-hearing.doc to the Board of Directors or its appointed subset.

Step 14: Board will meet to determine outcome and notify CAO of final binding decision.

Step 15: Mail to parents 19-Notice to Parent of Boards Expulsion Decision.docx and 15-Stipulated Expulsion Contract.doc