Suspension and/or Expulsion:
A student may be suspended or expelled, for reasons
set forth in Kansas law, by the following certified personnel:
• Superintendent
•
Assistant Superintendent
•
Principal
•
Assistant Principal
Any student who is suspended or expelled will also be suspended
from attending any school-related activities. The student shall
receive a copy of the current suspension and expulsion law and
this policy and rule. Any suspension or expulsion shall be according
to the procedures as set forth in Kansas law. The Superintendent
or his designee shall conduct any expulsion hearing.
Short-Term Suspension Procedure:
Except
in emergency, a short-term suspension (not exceeding ten school
days)
must be
preceded
by
oral or written notice of the charges to the student and an informal
hearing held. If a hearing is not held prior to the suspension,
an informal hearing shall be provided not later than 72 hours after
imposition of a short-term suspension. Written notice of any short-term
suspension, including the reason for the suspension shall be given
to the student and the student’s parents or guardians within
24 hours after the suspension has been imposed.
At the informal hearing, the student shall be notified of the
following:
•
The right to be present at the hearing
•
To be informed of the charges
•
To be informed of the basis for the accusation
•
To make statements in defense of or in mitigation of the charges
or accusation
Refusal or failure of the student and/or the student’s parents
or guardians to attend the hearing shall result in a waiver of
the student’s opportunity for the hearing. When a suspension
is imposed during the school day, the student shall not be removed
from school until a parent or guardian has been notified. If a
parent or guardian cannot be notified during regular school hours,
the student shall remain at school until the regular dismissal
time.
The principal may establish appropriate requirements relating
to the student’s future behavior at school and may place
the student on probation.
Long-Term Suspension Procedure:
Before
a student is subject to a long-term suspension (not to exceed
90 school days)
or an
expulsion
(not to exceed 186 school days), a hearing shall be conducted
by a hearing officer who has the authority to suspend or expel.
The
board will appoint a hearing officer for the district.
The person conducting the hearing shall explain that the purpose
of the administrative hearing is to review the charges and incidents
upon which the proposed long-term suspension or expulsion is based
and to provide an opportunity for the student, the student’s
parents or guardians, counsel and witnesses to present information
pertinent to the case.
Formal hearings shall be conducted according to procedures outlined
in current Kansas law by the district hearing officer. The student
and parents or guardians shall be given written notice of the time,
date and place of the hearing. The notice shall include copies
of the suspension/expulsion law, and appropriate board policies,
regulations and handbooks. At the conclusion of the hearing, a
written report and the findings required by law shall be prepared
by the hearing officer. Records of the hearing shall be available
to the students and parents or guardians according to Kansas law.
Any student suspended for more than ten days or expelled from
school shall be provided with information concerning services or
programs offered by pubic and private agencies, which provide services
to improve the student’s attitude and behavior.
Failure of the student and the student’s parents or guardians
to attend the hearing shall result in a waiver of the student’s
opportunity for the hearing.
Student Rights During the Hearing:
The
student shall have the right:
1) To counsel of his/her own choice;
2) For parents or guardians to be present
3) To hear or read a full report of testimony of witnesses;
4) To confront and cross-examine witnesses who appear in person
at the hearing;
5) To present his or her own witnesses
6) To testify in his or her own behalf and to give reasons for
his or her conduct;
7) To an orderly hearing;
8) To a fair and impartial decision based on substantial evidence.
Students who are suspended for more than 10 days or expelled from
school may appeal to the board within 10 days of receiving written
notice of the hearing results.
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