Expulsion Procedures

As outlined on pages 24,25-26

 Note: Handy to read if caught in a situation concerning expulsion. If I knew the things then that I did now, I would have a lot less questions regarding my expulsion procedure, and all the things I had rights to, yet were not followed suit with.

 

Expulsion

State regulations define expulsion as "… the exclusion of a pupil from school."

By state law, students expelled from any public school (in Delaware or any other state) are not permitted to attend any public school in Delaware during the period of expulsion.

When a student commits a violation which may result in a recommendation for expulsion, the following procedure shall be followed:

STEP I

    1. The student shall be suspended for five (5) school days.
    2. The principal shall investigate all aspects of the discipline problem, including a conference with the student and his/her parents or guardians, if possible, at which time the student will be informed of the charges and afforded an opportunity to tell his/her side of the story.
    3. The principal shall complete the investigation within three (3) school days of the incident under investigation.
    4. If the principal concludes that the student committed the offense and that the nature of the offense warrants a recommendation for expulsion, the principal shall submit to the Superintendent a summary of the principal's investigation and the recommendation.
    5. If the Superintendent concurs with the recommendation for expulsion, the student's suspension is extended pending a recommendation by the Hearing Officer following the Step II hearing.

STEP II

    1. Within five (5) school days from the date of completing the investigation which results in a recommendation for expulsion, the Hearing Officer will notify the student (if an adult) and the student's parents of intent to expel and of the date, time, and location for a hearing. The notice of intent to expel shall be sent by a certified mail or hand delivered and shall state the reasons for the expulsion and the time and place of the hearing as well as the expulsion procedures. If notification is postmarked within the limits indicated, requirements under this provision are met.
    2. The hearing shall be held not less than three (3), nor more than seven (7) school days after the notice of intent to expel is mailed. The time period may be modified by agreement of both parties.
    3. The hearing shall be conducted by a Hearing Officer. The Hearing Officer may be an employee of the District, but must be impartial.
    4. The Hearing Officer shall have full authority to control the conduct of the hearing, including authority to admit or exclude evidence. In conducting the hearing, the Hearing Officer shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. The Hearing Officer shall exclude irrelevant evidence. Unduly repetitive proof, rebuttal and cross examination shall be excluded. The witnesses shall be sworn in by the Hearing Officer.
    5. The student shall have the following rights:
      1. To be represented by counsel, at the student's expense;
      2. To question any witnesses who testify and receive a copy of any statements and/or affidavits (A written declaration made under oath before a notary public or other authorized officer) of such witnesses;
      3. To request that any witnesses appear in person and answer questions or be cross-examined. Student witnesses will not be excused from school or allowed to testify unless their parent(s)/guardian(s) have given written permission;
      4. To testify and produce witnesses on his/her behalf;
      5. To obtain, at the student's expense, upon written request, a copy of the transcript of the hearing.

If you are suspended for five days, which is common preliminary procedure for expulsion, and it is extended, think trouble is a brewing. Also, be aware of your right to face your accuser(s) when you are in the hearing. Also, know that if you know anything about law, it's all shot to hell with one swift motion of STEP II, Section D.

STEP III

    1. Within three (3) school days following the conclusion of the hearing, the Hearing Officer shall prepare a report for the Board. The report shall summarize the proceedings, state findings of fact and make a recommendation as to whether the Board should expel the student.
    2. If the Hearing Officer does not recommend expulsion, the Hearing Officer may permit the student to return to school pending a review of the report by the Board.
    3. The Board shall decide whether to expel the student following a review of the report, as well as the transcript of the hearing.

STEP IV

    1. The parents of a student who is expelled shall be informed that they may apply for the student's re-admission at the end of the period of expulsion and must provide verification that all conditions for re-admission have been met.
    2. Upon re-admission to school, the student will be placed on probation. The student will be assigned to a counselor who will monitor his/her behavior, academic performance, and provide assistance for a period of at least one semester.
    3. A student is prohibited from being on Colonial School District property during the expulsion period except when accompanied by a parent or guardian for a scheduled appointment with school officials.
    4. By state law, the Superintendent of Schools shall notify the Division of Motor Vehicles concerning the expulsion of a student who is of legal driving age or who will become so during the expulsion period. The Division shall suspend or refuse to renew the driver's license of the expelled student or refuse to issue a license to the student. The student shall remain ineligible for a driver's license until the expulsion period is over or until he or she becomes 19 years of age.
    5. Normally a student shall be readmitted at the beginning of a marking period.

Hear the part about probation? Very interesting, how they would get you mental help because you had three (3) unexcused absences. Or the notice saying you're not allowed on school district property? Hmm…

 

Back to Code of Conduct Review

 

 

Exerpts from Student Code of Conduct used without permission. Exerpts are attributed to Colonial School District.

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