5114(a)
5114.1
Students
Removal/Suspension/Expulsion
I. Definitions
A. “Exclusion” is defined as any denial of
public school privileges to a student for disciplinary purposes.
B. “Removal” is defined as an exclusion
from a classroom for all or part of a single class period, provided such
exclusion shall not extend beyond 90 minutes.
C. “Suspension” is defined as an exclusion
from school privileges and/or from transportation services for not more than
ten (10) consecutive school days, provided such exclusion shall not extend
beyond the end of the school year in which such suspension was imposed.
D. “In-school suspension” is defined as an
exclusion from regular classroom activity for not more than five consecutive
school days, but not an exclusion from school, provided such exclusion shall
not extend beyond the end of the school year in which such in-school suspension
was imposed. An in-school suspension may include reassignment to a regular
classroom. Program in a different school in the school district; such
reassignment shall not constitute a “suspension” or “expulsion” under this
policy.
E. “Expulsion” is defined as an exclusion
from school privileges for more than ten (10) consecutive school days and shall
be deemed to include, but not be limited to, exclusion from the school to which
such student was assigned at the time such disciplinary action was taken,
provided such exclusion shall not extend beyond a period of one (1) calendar
year. Such period of exclusion may extend to the school year following the
school year in which such exclusion was imposed.
F. “Emergency” is defined as a situation
under which the continued presence of the student in the school imposes such a
danger to persons or property or such a disruption of the educational process
that a hearing may be delayed until a time as soon after the exclusion of such
student as possible.
G. “Days” is defined as days when school
is in session.
H. “School sponsored
activity” including school sponsored transportation is defined as any activity
sponsored, recognized or authorized by the Board of Education and includes
activities conducted on or off school property.
I. “Possess” means to have
physical possession or otherwise to exercise dominion or control over tangible
property.
5114(b)
5114.1
Students
Removal/Suspension/Expulsion (continued)
I. Definitions (continued)
J. “Deadly weapon” means any weapon,
whether loaded or unloaded, from which a shot may be discharged, or a
switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal
knuckles.
K. “Dangerous
instrument” means any instrument, article or substance which, under the
circumstances in which it is used or attempted or threatened to be used, is
capable of causing death or serious physical injury, and includes a motor
vehicle and a dog that has been commanded to attack.
L. “Firearm” means 1) any weapon
(including a starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive; 2) the frame or
receiver of any such weapon; 3) any firearm muffler or firearm silencer; or 4)
any destructive device. Firearm does not include any antique firearm. For
purposes of this definition “destructive device” means any explosive,
incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of
more than 4 ounces, missile having an explosive or incendiary charge of more
than 1/4 ounce, mine, or device similar to any of the weapons described herein.
M. “Vehicle” means a “/ny
aircraft, or any vessel equipped for propulsion by mechanical means or sail.
N. “Martial arts
weapon” means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese
star.
II. Removal From Class
A. Each teacher shall have the authority to remove
a student from class when such student deliberately causes a serious disruption
of the educational process within the classroom, provided that no student shall
be removed from class more than six times in any year, nor more than twice in
one week unless such student is referred to the building principal, or his/her
designee, and granted an informal hearing as set forth in section IV C of this
policy.
B. Whenever any teacher removes a student from the
classroom, such teacher shall send the student to a designated area and shall
immediately inform the building principal or his/her designee as to the name of
the student against whom such disciplinary action was taken and the reason
therefor.
5114(c)
5114.1
Students
Removal/Suspension/Expulsion (continued)
III. Standards Governing Suspension and
Expulsion
A. Conduct on school grounds or at a school
sponsored activity as set forth in Section C, herein, or that is otherwise
prohibited by Board policy or by any code of student conduct in effect in the
schools, that is:
1. Violative of a publicized
policy of the Board, or
2. Is seriously disruptive
of the educational process, or
3. Endangers persons or property will be cause for
suspension and/or expulsion.
B. Conduct
off school grounds as described in paragraph A, above, that is:
1. Violative of a
publicized policy of the Board, and
2. Seriously
disruptive of the educational process will be cause for suspension and/or
expulsion.
C. The following exemplifies student conduct that
is prohibited and that will be considered cause for suspension and/or
expulsion:
1. Threatening in any manner, including orally, in writing,
or via electronic communication, a member of the school community, including
any teacher, member of the school administration or any other employee, or a
fellow student;
2. Use of physical force, against another person
which is not reasonably necessary for self-defense;
3. Theft of personal or school property, or taking
or attempting to take personal property or money from another person, or from
his/her presence, by means of force or fear;
4. Willfully causing, or attempting to cause,
damage to school property;
5. Participation in an unauthorized occupancy of
any part of any school or school premises or other building owned by any school
district, and failure to leave such school premises or other facility promptly
after having been directed to do so by the principal or other person then in
charge of such building or facility;
6. Intentional incitement which results in an
unauthorized occupation of any part of a school or other facility owned by any
school district;
5114(d)
5114.1
Students
Removal/Suspension/Expulsion (continued)
III. Standards Governing Suspension and
Expulsion (continued)
7. Possession, use, transmission or being under
the influence of any narcotic drug, hallucinogenic drug, amphetamine,
barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind;
8. Possession or transmission of a facsimile of
any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, or marijuana;
9. Knowingly being in the presence of those who
are in possession of, using, transmitting, or being under the influence of any
narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana,
alcoholic beverage, or intoxicant of any kind;
10. Possession or transmission of any firearm,
deadly weapon, dangerous instrument, martial arts weapon, or knife, or
facsimile of any weapon or instrument;
11. Using or copying the academic work of another
and presenting it as his/her own without proper attribution;
12. Possessing or consuming tobacco products;
13. Open defiance of the authority of any teacher
or person having authority over the student, including verbal abuse;
14. Intentional and successful incitement of
truancy by other students;
15. Bullying, which includes any overt acts by a student or a
group of students directed against another student with the intent to ridicule,
humiliate or intimidate the other student while on school grounds or at a
school-sponsored activity which acts are repeated against the same student over
time;
16. Violation of any federal or state law which
would indicate that the violator presents a danger to any person in the school
community or to school property, and;
17. Violation of any other Board policy, rule,
agreement, or directive dealing with student conduct, including that dealing
with conduct on school buses and the use of school district equipment.
5114(e)
5114.1
Students
Removal/Suspension/Expulsion (continued)
III. Standards Governing Suspension and Expulsion (continued)
D. Expulsion proceedings pursuant to section V,
shall be, required whenever there is reason to believe that any student 1) was
in possession of a firearm, deadly weapon, dangerous instrument or martial arts
weapon, on school grounds or at a school-sponsored activity; 2) off school
grounds, did possess a firearm or did possess and use such a firearm, dangerous
instrument, deadly weapon or martial arts weapon in the commission of a crime;
or 3) on or off school grounds, offered for sale or distribution a controlled
substance as defined in Connecticut General Statutes, §21a-240(9), whose
manufacture, distribution, sale, prescription, dispensing, transporting or
possessing with intent to sell or dispense, offering or administering is subject
to criminal penalties under §§21a-277 and 21a-278. A student shall be expelled
for a period of one calendar year if the Board of Education finds that the
student engaged in any of the conduct described herein, provided the period of
expulsion may be modified on a case-by-case basis.
In the event it is determined by the
Superintendent that a student issued a threat against a member of the school
community as described in paragraph C. 1, above, the matter shall be referred
to law enforcement officials for possible criminal prosecution and the
Superintendent shall take all available measures to ensure the safety of
persons in the school community in the event of the student’s return to school.
IV. Suspension Procedure
A. The administration of each school is authorized
to invoke suspension for a period of up to ten (10) days, or to invoke
in-school suspension for a period of up to five (5) days, of any student for
one or more of the reasons stated in section III, above, in accordance with the
procedure outlined in Paragraph C of this section. Moreover, the administration
is authorized to suspend a student from transportation services whose conduct
while receiving transportation violates the standards set forth in section III,
above. The school administration is authorized to immediately suspend any
student when there is an emergency as defined in section I, above.
If an emergency exists, the hearing
outlined in Paragraph C of this section shall be held as soon as possible after
the suspension.
B. In the case of suspension, the school
administration shall notify the Superintendent of Schools within twenty-four
(24) hours of the suspension as to the name of the student who has been
suspended and the reason for suspension. Any student who is suspended shall be given
an opportunity to complete any class work, including, but not limited to
examinations passed during the period of his/her suspension.
5114(f)
5114.1
Students
Removal/Suspension/Expulsion (continued)
IV. Suspension Procedure (continued)
C. Except in the case of an emergency as defined
in section I, above, a student shall be afforded the opportunity to meet with
the member of the administration and to discuss the stated charges prior to the
effectuation of any period of suspension or in-school suspension. If at such a
meeting the student denies the stated charges he/she may at that time present
his/her version of the incident(s) upon which the proposed suspension is based.
The school administration shall then determine whether or not suspension or
in-school suspension is warranted. In determining the length of a suspension
period, the school administration may receive and consider evidence of past
disciplinary problems which have led to removal from a classroom, in-school
suspension, suspension or expulsion.
D. No student shall be suspended more than ten
(10) times or a total of fifty (50) days in one school year, whichever results
in fewer days of exclusion, unless a hearing as provided in section V. B. of
this policy is first granted.
E. No student shall be placed on in-school
suspension more than fifteen (15) times or a total of fifty (50) days in one
school year, whichever results in fewer days of exclusion, unless a hearing as
provided in section V. B. of this policy is first granted.
F. Whenever a student is suspended, notice of the
suspension and the conduct for which the student was suspended shall be
included on the student’s cumulative educational record. Such notice shall be
expunged from the cumulative educational record if the student graduates from
high school.
V. Expulsion Procedure
The Board of Education may expel any student for one or
more of the reasons stated in section III if, in the Superintendent’s judgment,
such disciplinary action is in the best interests of the school system. An
expulsion hearing is required in any instance in which the Superintendent has
reason to believe a student has engaged in the conduct described in section III
D. The procedures outlined in Paragraphs A and B, below, shall be followed
prior to the effectuation of any expulsion unless an “emergency” as defined in
section I, above, exists. If an emergency exists, such a hearing shall be held
as soon after the expulsion as possible.
A. The Board of Education shall notify the student
concerned and his/her parents, or the student if he/she has attained the age of
eighteen (18), that expulsion is under consideration. Such notice shall contain
the information required under Paragraph B of this section. Three members of
the Board of Education shall constitute a quorum for an expulsion hearing. A
student may be expelled if a majority of the Board members sitting in the
expulsion hearing vote to expel provided that three affirmative votes shall be
required for expulsion.
5114(g)
5114.1
Students
Removal/Suspension/Expulsion (continued)
V. Expulsion Procedure (continued)
B. The procedure for any hearing conducted under this
section shall be determined by the hearing officer or Board Chairperson, as
appropriate, but shall include the right to:
1. Notice of the proposed hearing which
shall include:
a. a statement of
the time, place, and nature of the hearing;
b. a statement of
the legal authority and jurisdiction under which the hearing is to be held;
c. reference to the
particular sections of the Connecticut General Statutes or school policies
involved;
d. a short and plain
statement of the matters asserted, if such matters have not already been
provided in a statement of reasons requested by the student; the statement so
provided may be limited to a statement of the issues involved if it is not
possible to state the issues in detail at the time such notice is served. Upon
request from the student concerned a more definite and detailed statement of
the issues shall be furnished; and
e. a statement, where appropriate, that the Board is not
required to offer an alternative educational opportunity to any student between
the ages of sixteen and eighteen who (1) has been expelled previously or (2) is
found to have engaged in conduct which endangered persons and involved (a)
possession on school property or at a school-sponsored activity a firearm,
deadly weapon, dangerous instrument or martial arts weapon, or (b) offering for
sale or distribution on school property or at a school sponsored activity a
controlled substance as defined by law. (See section VII on Alternative
Educational Opportunity);
2. The opportunity to be heard;
3. The opportunity to present witnesses
and evidence;
4. The opportunity to cross-examine
adverse witnesses;
5. The opportunity to be represented by
counsel; and
6. Prompt notification of the decision of the
Board of Education which decision shall be in writing if adverse to the student
concerned.
5114(h)
5114.1
Students
Removal/Suspension/Expulsion (continued)
V. Expulsion Procedure (continued)
C. The
record of any hearing held in an expulsion case shall include the following:
1. All evidence received or considered by the
Board of Education, including a copy of the initial letter of notice of
proposed expulsion, if any, and a copy of all notices of hearing;
2. Questions and offers of proof, objections and
rulings on such objections;
3. The decision of the Board of Education rendered
after such hearing; and
4. The official transcript, if any, of proceedings
relating to the case, or, if not transcribed, any recording or stenographic
record of the proceeding.
D. Rules
of evidence at expulsion hearings shall include the following:
1. Any oral or documentary evidence may be
received by the Board of Education but as a matter of policy irrelevant,
immaterial or unduly repetitious evidence shall be excluded;
2. The Board of Education shall give effect to the
rules of privilege recognized by law;
3. In order to expedite a hearing, evidence may be
received in written form, provided the interest of any party is not
substantially prejudiced thereby;
4. Documentary evidence may be received in the
form of copies or excerpts if the original is not readily available provided,
however, that any parry to a hearing shall be given an opportunity to compare
the copy with the original;
5. A party to an expulsion hearing may conduct
cross-examination of witnesses where examination is required for a full and
accurate disclosure of the facts;
6. The Board of Education may take notice of
judicially cognizable facts in addition to facts within the Board’s specialized
knowledge provided, however, the parties shall be notified either before or
during the hearing of material noticed, including any staff memoranda or data,
and an opportunity shall be afforded to any party to contest the material so
noted;
5114(i)
5114.1
Students
Removal/Suspension/Expulsion (continued)
V. Expulsion Procedure (continued)
7. A record of any oral proceedings before the
Board of Education at an expulsion hearing shall be made provided, however,
that a transcript of such proceedings shall be furnished upon request of a
party with the cost of such transcript to be paid by the requesting party.
E. In determining the length of an expulsion, the
Board of Education may receive and consider evidence of past disciplinary
problems, which have led to removal from a classroom, in-school suspension,
suspension, or expulsion.
F. Decisions shall be in writing if adverse to the
student and shall include findings of fact and conclusions necessary for the
decision. Findings of fact made by the Board after an expulsion hearing shall
be based exclusively upon the evidence adduced at the hearing.
G. Any student who is expelled shall be offered an
alternative educational opportunity consistent with the requirements of state
law as set forth in Section VII of this policy.
H. Whenever a student is expelled pursuant to the
provisions of this policy, notice of the expulsion and the conduct for which
the student was expelled shall be included on the student’s cumulative
educational record. Such notice, except for notice of an expulsion based upon
possession of a firearm or deadly weapon, shall be expunged from the cumulative
educational record if the student graduates from high school.
I. Whenever a student against whom an expulsion
hearing is pending withdraws from school after notification of such hearing but
before the hearing is completed and a decision rendered, (1) notice of the
pending expulsion hearing shall be included on the student’s cumulative
educational record and (2) the Board of Education shall complete the expulsion
hearing and render a decision.
J. The Board of Education may adopt the decision
of a student expulsion hearing conducted by another school district, provided
that the Board shall hold a hearing pursuant to this policy which shall be
limited to a determination of whether the conduct which was the basis for the
expulsion would also warrant expulsion under the policies of the Board of
Education. The student shall be excluded from school pending such hearing. The
excluded student shall be offered an alternative educational opportunity in
accordance with statutory requirements and this policy.
5114(j)
5114.1
Students
Removal/Suspension/Expulsion (continued)
V. Expulsion Procedure (continued)
K. Students requiring special education and
related services shall be subject to discipline consistent with state and
federal law. Whenever a student requiring special education services is found
to have: (1) been in possession of a firearm, deadly weapon, dangerous
instrument or martial arts weapon, or, school grounds or at school sponsored
activity; (2) off school grounds, possessed a fire arm or possessed and used
such a fire arm, dangerous instrument, deadly weapon or martial arts weapon in
the commission of a crime; or (3) or off school grounds offered for sale or
distribution a controlled substance as defined in Connecticut General Statutes
§21a-240(9), whose manufacture, distribution, sale, prescription, dispensing, transporting
or possessing with intent to sell or dispense, offering or administering is
subject to criminal penalties under Sections 2la-277 and 2la-278, said student
shall be referred to a Planning and Placement Team (PPT) for a determination of
whether the above behavior is a manifestation of the student’s disability. If
it is determined that the behavior is a manifestation of the student’s
disability the PPT shall modify the student’s individualized educational plan
in order to prevent the reoccurrence of such behavior and to ensure the safety
of other children in the school.
VI. Notification to Parents or Guardian
The parents or guardian of any minor student against whom
disciplinary action is taken under this policy shall be given notice of such
disciplinary action within twenty-four (24) hours of the time the student was
excluded.
VII. Alternative Educational Opportunity
The Board of education recognizes its obligation to offer
any student under the age of sixteen (16) who is expelled an alternative
educational opportunity during the period of expulsion. Any parent or guardian
of such a student who does not choose to have his or her child enrolled in an
alternative program shall not be subject to the provisions of section 10-184 of
the General Statutes. Any expelled student who is between the ages of sixteen
(16) and eighteen (18) and who wishes to continue his or her education shall be
offered an alternative educational opportunity if he or she complies with
conditions established by the Board of Education. Such alternative may include,
but shall not be limited to, the placement of such student in a regular
classroom program of a school other than the one from which the student has
been excluded and, for students at least sixteen (16) years of age, placement
in an adult education program. In determining the nature of the alternative
educational opportunity to be offered under this section the Board of Education
may receive and consider evidence of past disciplinary problems which have led
to removal from a classroom, suspension, or expulsion.
5114(k)
5114.1
Students
Removal/Suspension/Expulsion (continued)
VII. Alternative Educational
Opportunity (continued)
State statutes do not require the Board to offer an
alternative educational opportunity to a student between the ages of sixteen
(16) and eighteen (18) who has been expelled previously or who is expelled
because of conduct which endangers persons and it was determined at the
expulsion hearing that the conduct for which the student was expelled involved
(a) possession on school property or a school-sponsored activity of a firearm,
deadly weapon, dangerous instrument, or martial arts weapon or (b) offering for
sale or distribution on school property or at a school sponsored activity a
controlled substance as defined in subdivision (9) of C.G.S. §21a-240, whose
manufacture, distribution, sale, prescription, dispensing, transporting, or
possessing with the intent to sell or dispense, offering, or administration is
subject to criminal penalties under C.G.S. §§21a-277 and 2la-278. If the Board
expels a student for the sale or distribution of such a controlled substance
the Board shall refer the student to an appropriate state or local agency for
rehabilitation, intervention or job training, or any combination thereof, and
inform the agency of its action. If the Board expels a student for possession
of a firearm or deadly weapon, the Board shall report the violation to the
local police department. The Board shall give the name of the student and a summary
of the Board’s action in so referring the student, to the Commissioner of
Education within thirty (30) days after the student is expelled.
The provisions of this section shall not apply to
students requiring special education who are described in subdivision (1) of
subsection (e) of Connecticut General Statutes §10-76a.
VIII. Gun Free Schools Act
The Board of Education shall submit to the Commissioner
of Education such information on expulsions for the possession of weapons as is
required for purposes of the Gun Free Schools Act of 1994, 20 U.S.C. §8921., et
seq.
Legal Reference: Connecticut General Statutes