Code: JGE-AR
Adopted: 3/22/04, 8/28/05, 11/22/04; 2/26/07
Orig. Code(s): 730.6, 730.7, 730.8
Expulsion Rules and Procedures
Expulsion is the formal step in which a student is excluded from school.
A student may be expelled when the following conditions are met:
1. The student has reasonable notice of the rule or rules (OAR 581-021-0065);
2. The student is afforded an opportunity to hear the charges and explain the alleged misconduct;
3. The student and parent/guardians are notified in writing of the specific charges, those acts leading to the charges, the date, time and location of the hearing and the right to representation. This notice should indicate that the student will be considered for expulsion based on information presented at the hearing. Such notification shall be mailed by certified mail at least five calendar days prior to the hearing;
4. Students and parents are notified by personal services or certified mail of alternatives.
This requirement is optional if the student is to be expelled for a weapons offense;
5. In the case of special education students, procedures must make allowance for provisions of IDEA (Individuals with Disabilities Education Act) and related Oregon Revised Statutes and Oregon Administrative Rules).
The duration of an expulsion may be up to one calendar year. However, expulsions under the Gun Free Schools Act shall be for one calendar year
A student may be placed on administrative probation during the period of expulsion by the hearings officer or superintendent.
Expelled students may re-enter school at the date specified at the time of expulsion which shall be in accordance with above.
Credit for Coursework:
Students expelled in grades K-8 will receive the grade earned at the time of exit.
Students expelled in grades 9-12 prior to the eighth week of the trimester will be denied all credit and given a failing grade in all course work.
Students expelled during or after the eighth week of the trimester may be granted partial to full credit, as well as a letter for work completed. Awarding of any credit or grade will be determined on a case by case basis by the principal and will be determined only after the student, parent(s), teacher(s) and administration confer.
The district may elect not to enroll a student who is expelled from another school district. If a student is not allowed to enroll the district will offer an alternative educational program.
The district shall deny admission to a student who is expelled from another school district. If the federal Gun Free Schools Act for one calendar year from the date of the expulsion. The district is not required to provide an alternative education program in such instances.
Hearings
Expulsion hearings will be conducted by the Hearings Officer in accordance with the following procedures:
1. The meeting shall be in closed session;
2. Strict rules of evidence shall not apply, however, the Board or designee may limit or exclude irrelevant evidence;
3. The district or the accused may make a recording;
4. In case of foreign language differences or other serious communication problems, the district shall provide a translator;
5. The hearings officer will explain the purpose of the hearing and indicate the student's right to appeal
adverse decisions;
6. The student will be allowed to have representation, to explain the alleged misconduct, and to be present throughout the hearing;
7. District personnel will present the issue and events leading to the recommendation for expulsion;
8. After hearing the evidence, the student or representative may ask questions of the witness or witnesses, and may offer contradictory evidence by testimony, by writings or by other exhibits;
9. The hearings officer will listen to the information presented and render a decision at the hearing or within three school days thereafter;
10. A letter will be sent to the student and parent/guardian stating the reasons for the decision. In cases of expulsion, the letter shall include a copy of the district’s appeal procedure;
11. A decision to expel may be appealed to the Board by writing to the superintendent within ten calendar days of the decision.
In addition to evidence concerning the violations, the hearings officer may consider evidence related to any of the following:
1. Age of the student;
2. Prior discipline, attendance and scholastic records;
3. Maturity of student;
4. Student attitude and desire to change behavior;
5. Student desire to complete education;
6. Parent cooperation;
7. Record of counseling of the student;
8. Appropriate alternative forms of discipline available to the school;
9. Seriousness of the current incident;
10. Student intent in violation of rules;
11. Prior notice of the specific rule;
12. Specific student and parent take steps to seek professional assistance;
13. Due process accorded;
14. Certified or suspected disabilities.
Appeals Procedure
Following expulsion, the student and/or parent/guardian may appeal the decision to the Board. Written notice of appeal addressed to the Board in care of the superintendent, shall be made within ten days after the decision to expel. The appeal will be heard by the Board at the next regular meeting during executive session, or at a special meeting.
The Board shall schedule the appeal hearing which will be conducted in a closed meeting or executive session unless the student or parent/guardian requests a public meeting.
Appeals to the Board will only be on the record except under extraordinary circumstances.
The parent and/or student has the right to present a written summary of the student's position. The summary should include a statement of the reasons and/or facts which demonstrate that the decision should be modified or rescinded.
When an appeal hearing is held by the Board, the following shall not be made public:
1. The name of the student;
2. The issue;
3. The discussion;
4. The vote of the Board members.
The appeals hearing will be conducted in accordance with the following additional procedures:
1. Strict rules of evidence shall not apply, however, the Board or designee may limit or exclude irrelevant evidence;
2. The district or the student may make a recording;
3. In case of foreign language differences or other serious communication problems, the district shall provide a translator;
4. The superintendent will explain the purpose of the hearing and indicate the student's right to appeal;
5. The student will be allowed to have representation to be present throughout the hearing;
6. District personnel will present the decision and record being reviewed and may also present a written summary of reasons and/or facts in support of affirming the decision;
7. After the decision and record of the prior hearing have been presented, the student and/or district personnel, may give a brief oral statement in support of their positions;
8. The Board will determine whether to affirm, modify or rescind the decision of the hearings officer. No new evidence will be considered except under extraordinary circumstances. This may include the relevant past history, records of the student and evidence of due process. The Board shall submit in writing to the student and parent/guardian within seven days its decision and may include such further information as is necessary to explain the decision.
Testimony to be provided for the appeals hearing shall be presented in the following order and within the prescribed time limits:
1. Student, parents(s) or representative will have 10 minutes to present their appeal;
2. School personnel will have 10 minutes to present history of incident and reason for expulsion;
3. Hearings officer will have 10 minutes to present criteria and rationale for decision to uphold expulsion recommendation from school;
4. Student, parent(s) or representative may have 10 minutes to offer rebuttal or explanation – no cross examination.
5. School/district personnel may have 10 minutes to offer rebuttal or explanation – no cross examination.
The closing of the appeals hearing shall be conducted by the Board chair who will ask all parties except School Board members, superintendent and recording secretary to leave the session during Board discussion and deliberation. The Board chair will announce that all parties will be notified in writing of the Board’s decision. After deliberations the Board will vote either to uphold, reverse or modify the expulsion decision on appeal subject to applicable legal requirements.
The decision of the Board may be appealed to the appropriate court in a manner prescribed by the state.