5114 5114Students
Suspension and Expulsion/Due Process
Suspension
Principals may suspend a student from school or transportation services only whose conduct endangers persons or property or is seriously disruptive of the educational process, or which conduct violates a published policy of the Board of Education.
A student may be suspended whose conduct off school grounds violates a publicized policy of the Board and seriously disrupts the educational process.
For any one incident a student shall not be suspended for more than ten consecutive school days.
No student shall be suspended more than ten times or a total of fifty days in one school year, whichever results in fewer days of exclusion, unless the student is granted a formal hearing as specified in C.G.S. 4-176e through 4-180.
Students may not be suspended without an informal hearing before the building Principal or the Principal's designee unless the Principal determines that an emergency situation exists. In the informal hearing the student shall be informed of the reasons for the disciplinary action and be given an opportunity to explain the situation. Nothing in the informal hearing shall be taken to prevent a more formal hearing from being held if the circumstances warrant. The Principal or designee may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, suspension or expulsion of the student.
Whenever the authorized member of the administrative staff suspends a student, that person shall inform the Superintendent or the Superintendent's designee of the name of the student, the disciplinary action taken, and the reason for it within twenty-four hours.
A suspended student must be given an opportunity to complete any classwork including examinations, which were missed during the suspension.
At the discretion of the school building Principal, in-school suspensions (not to exceed five consecutive days) may be given when deemed appropriate. No more than fifteen times or a total of fifty days in one school year whichever results in fewer days of exclusion.
If it is necessary to suspend a student before an informal hearing is held, such hearing shall be held as soon after the suspension as possible.
A suspension shall not extend past the end of the school year.
A special education student's disability shall be considered before making a decision to suspend. A student with disabilities may be suspended for up to ten school days in a school year without the need for the district to provide any educational services. A disabled student may be additionally removed (suspended) for up to ten school days at a time for separate acts of misconduct as long as the removals do not constitute a pattern. During any subsequent suspension of ten days or less of a student with disabilities, the district shall provide services to the disabled student to the extent determined necessary to enable the student to appropriately advance in the general curriculum and toward achieving his/her IEP goals. In cases involving removals for ten days or less, school personnel (school administration) in consultation with the child’s special education teacher, shall make the service determination.
If the disabled student’s suspensions beyond ten school days in a school year constitute a pattern because of factors such as the length of each removal, the total amount of time the child is removed and the proximity of the removals to one another, the IEP team (PPT) shall conduct a manifestation determination. Meetings of a student’s IEP team (PPT) are required to develop a behavioral assessment plan or to review and modify as necessary one previously developed when the disabled student has been removed (suspended) from his/her current placement for more than ten school days in a school year and when commencing a removal (suspension) that constitutes a change in placement.
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 record by the Board if the student graduates from high school.
Expulsion
The Board of Education may expel any student whose conduct endangers persons or property or is seriously disruptive of the educational process, or violates a published policy of the Board, provided that a formal hearing is held under Connecticut General Statutes 4-177 through 4-180.
Disciplinary records will be considered in determining expulsion. Grounds for expulsion may occur on or off school property, while receiving or awaiting school transportation services, or at any school-sponsored activity. Examples of conduct which may lead to expulsion are:
A. Willfully striking or assaulting a student or any member of the school staff.
B. Theft.
C. The use of obscene or profane language or gestures to a member of the school staff.
D. Deliberate refusal to obey a member of the school staff.
E. A walk-out from or a sit-in within a classroom or school building or class.
F. Blackmailing, threatening or intimidating school staff or another student.
G. Having in personal possession any kind of weapon such as a pistol, knife, blackjack, martial arts weapon etc. or weapon facsimile;
H. Unauthorized possession, selling on or off school grounds, distribution or consumption of dangerous drugs, narcotics or alcoholic beverages (Dangerous drugs or narcotics shall mean any "controlled" drug as defined in C.G.S. 21a-240, subsection (8).)
I. Willful destruction of school property or of property of staff members or other students.
Mandatory Expulsion
It shall be the policy of the Board to expel a student for one full calendar year if:
A. The student, on grounds or at a school-sponsored activity, was in possession of a firearm, as defined in 18 U.S.C. 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in C.G.S. 53A-3; or the student, off school grounds, did possess such firearm in violation of C.G.S. 29-35 or did possess and use such a firearm, instrument or weapon in the commission of a crime; or the student, on or off school grounds offered for sale or distribution a controlled substance, as defined in subdivision (9) of C.G.S. 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under C.G.S. 21-277 and 21a-278.
B. Such a student shall be expelled for one calendar year if the Board of Education or impartial hearing board finds that the student did so possess or so possess and use, as appropriate, such a weapon or firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance.
C. The Board may modify the period of a mandatory expulsion on a case-by-case basis.
D. A firearm, as defined by C.G.S. 53a-3 includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded from which a shot may be discharged, or a switchblade knife, a gravity knife, billy, black jack, bludgeon or metal knuckles.
Students with Disabilities
Notwithstanding the foregoing, the following procedures shall apply to students who have been identified as having one or more disabilities under the IDEA and/or Section 504 of the Rehabilitation Act (a "student with disabilities"):
A. If a student with disabilities engages in conduct that would lead to a recommendation for expulsion, the district shall promptly convene an IEP team (PPT) meeting to determine whether the misconduct was caused by the student's disability. A student may be suspended for up to ten days pending the IEP team (PPT) determination.
B. If the IEP team (PPT) finds that the misconduct was not caused by the disability, the Superintendent may proceed with a recommendation for expulsion. During any period of expulsion, a student with disabilities under the IDEA shall receive an alternative educational plan consistent with the student's educational needs as determined by the IEP team (PPT) in light of such expulsion and the student’s IEP. The services must continue to the extent determined necessary to enable the disabled student to appropriately advance in the general curriculum and to advance toward achieving the goals of his/her IEP.
C. If the IEP (PPT) finds that the misconduct was caused by the disability, the Superintendent shall not proceed with the recommendation for expulsion. The IEP team (PPT) shall consider the student's misconduct and revise the IEP to prevent a recurrence of such misconduct and to provide for the safety of the other students and staff.
D. Should a parent of a student with disabilities who is eligible for services under the IDEA (or the student himself/herself if eighteen years of age or older) file a request for a due process hearing under C.G.S. 10-76h to contest an expulsion under subparagraph (2) above or a proposed change in placement under subparagraph (3), unless the parents (or student if eighteen years of age or older) and the Board otherwise agree, the child shall stay in his/her then current placement pending decision in said due process hearing and any subsequent judicial review proceedings. This "stay put" requirement shall not apply when modified by a court order or by the decision of a hearing officer.
E. Notwithstanding the provisions of the preceding subparagraph (4), a student with disabilities may be assigned to an interim alternative educational setting for not more than forty-five (45) days if the student brings a weapon to school or to a school function or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function. For purposes of this paragraph, "weapon" means a device instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, but excludes a pocket knife with a blade of less than 2 inches in length. The interim alternative placement shall be determined by the IEP team (PPT). If a due process hearing is requested, the student shall remain in said interim alternative placement pending a decision in the due process hearing, unless the Board and the parents otherwise agree, or the Board obtains a court order.
F. In order for the district to unilaterally obtain a 45 day change in placement from a federal judge of Connecticut hearing officer, it must prove by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the child or others. The school must also prove that it has made reasonable efforts to minimize the risk of harm the student presents in the current placement.
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 student who does not choose to have his or her child enrolled in an alternative educational program shall not be subject to the provision of Section 10-184 of the Connecticut General Statutes. Any expelled student who is between the ages of sixteen (16) and eighteen (18) not previously expelled 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 educational opportunity may include, but shall not be limited to, the assignment of a student (who is sixteen years of age or older) to an adult education program or placement of such student in a regular classroom program of a school other than the one from which the student has been excluded. In determining the nature of the alternative education 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.
The Board of Education is not obligated to provide such alternative educational opportunity to any student eighteen years of age or older. The Board of Education is not required to offer such alternative educational opportunity to any student between the ages of sixteen and eighteen who is expelled because of conduct which endangers person, if it was determined at the expulsion hearing that the conduct for which the student was expelled involved (a) carrying on or introducing onto school property a firearm, deadly weapon or dangerous instrument as defined in C.G.S. 53a-3 or (b) offering for sale or distribution on school property or at a school sponsored activity a controlled substance, as defined in subdivision (8) 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 21a-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 a student is expelled for possession of a firearm or deadly weapon, the Board shall report the violation to the local police department.
This provision shall not apply to students requiring special education who are described in subdivision (1) of sub-section (e) of C.G.S. 10-76a. The alternative educational opportunity for any such student shall be established by the IEP team (PPT) in accordance with the procedures described above.
Whenever the Board notifies a student between the ages of sixteen and eighteen or the parents/guardians of such student, that an expulsion hearing will be held, the notification shall include a statement that the Board is not required to offer an alternative educational opportunity to any student who is found to have engaged in conduct including possession of a martial arts weapon, firearms, deadly weapons or dangerous instruments on school property or at a school function.
General Provisions
In determining the length of an expulsion and the nature of any alternative educational opportunity provided, the Board of Education may receive and consider evidence of past disciplinary problems which have led to removal from the classroom, suspension and expulsion of such student.
The maximum period of expulsion is for a period of up to one calendar year.
A student may be expelled before the formal hearing provided that an emergency exists, but in this case the hearing shall be held as soon after the expulsion as possible.
The notice or formal hearing required by C.G.S. 4-177 shall be given to the parents or guardians of the student as well as to the student if he/she is a minor.
Under provisions of C.G.S. 10-233d, a student may be expelled at a meeting at which three or more members of the Board are present, provided that at least a majority of those present at the expulsion hearing vote for expulsion, and provided that at least three affirmative votes for expulsion are cast.
The Board may adopt the decision of a student expulsion hearing conducted by another school district in accordance with statute, provided that prior to adopting any such decision, the Board shall hold a hearing that shall be limited to a determination of whether the misconduct that was the basis for the expulsion would also warrant expulsion under the provisions of this policy. Any such student shall be excluded from school pending such hearing, and if the expulsion decision is adopted, the student shall be provided an alternative educational opportunity if otherwise eligible in accordance with this policy and state law.
If a student withdraws from school after notification of an expulsion 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 record, and (2) the Board shall complete the hearing and render a decision.
An expelled student may apply for early readmission to school. Such readmission shall be at the discretion of the Board of Education. Readmission decisions are not subject to appeal to Superior Court. The Board or Superintendent, as appropriate, may condition such readmission on specified criteria.
The Board may delegate its responsibilities under this policy and the relevant state statutes to an impartial hearing board or hearing officer, in accordance with C.G.S. 10-233d(b).
Legal Reference: Connecticut General Statutes
Sections 4-176a through 4-180a, inclusive, and Section 4-181a contested cases. Notice. Record.
10-233a Definitions
10-233b Removal of pupils from class
10-233c Suspension of pupils
10-233d Expulsion of pupils. Hearing format. Age limitations for the provision of an alternative educational opportunity. exceptions (as amended by P.A. 86-398)
10-233e Notice as to disciplinary policies and action
10-233f In-school suspension of pupils
21a-240 Definitions (subsection (8) - "Controlled Drugs")
21a-277 Penalty for illegal manufacture, distribution, sale, prescription, dispensing
21a-278 Penalty for illegal manufacture, distribution, sale prescription or administration by non-drug-dependent person
29-35 Permit requirements
53-206 Permit requirements
53a-3 Definitions
18 U.S.C. 921 Definitions
Title III - Amendments to the Individuals with Disabilities Education Act Sec. 314
Elementary and Secondary Schools Act of 1965, as amended by the Gun Free Schools Act of 1994
PA 96 244 - An Act Concerning Revision to the Education Statutes
PL 105-17 The Individuals with Disabilities Act, Amendments of 1997.
Kyle P. Packer PPA Jane Packer v. Thomaston Board of Education.
Policy adopted: 7/11/05
Students
Suspension and Expulsion/Due Process
Teachers and administrators shall have the right to take disciplinary action against disruptive behavior in the classrooms and building generally which substantially affects discipline and control.
In working with students, emphasis shall be placed upon developing effective self-discipline as the most effective disciplinary approach.
A. Definitions
1. "Exclusion" shall be defined as any denial of public school privileges to a student for disciplinary purposes.
2. "Removal" shall be defined as an exclusion from a classroom for all or a part of single class period, provided such exclusion shall not extend beyond ninety (90) minutes.
3. "In-School Suspension" shall be defined as an exclusion from regular classroom activity for no more than five consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed.
4. "Suspension" shall be defined as an exclusion from school privileges or from transportation services for no 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.
5. "Expulsion" shall be 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 that assignment to a regular classroom program in a different school in the district shall not constitute a suspension or an expulsion. Such period of exclusion may extend to the school year following the school year in which the exclusion was imposed, up to one calendar year.
6. "Emergency" shall be 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.
B. Removal From Class
1. All teachers are hereby authorized to remove a student from class when such student causes a serious disruption of the educational process within the classroom.
2. 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 and the reason for removal.
3. No student shall be removed from class more than six (6) 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 in accordance with the provisions of Section E-3 of this policy.
C. Suspension and Expulsion
1. A student may be suspended or expelled for conduct on school property or at a school-sponsored activity that endangers persons or property, is violative of a publicized policy of the Board, or is seriously disruptive of the educational process, including but not limited to one or more of the following reasons:
a. Conduct causing a threat or danger to the physical well-being of himself/herself or other people;
b. Intentionally causing or attempting to cause physical injury to another person without justification;
c. Intentionally causing or attempting to cause damage to private or school property;
d. Stealing or attempting to steal private or school property or taking or attempting to take personal property or money from any other person by means of intimidation;
e. The use, either spoken or written on clothing, of obscene or profane language or gestures on school property or at a school-sponsored activity;
f. Deliberate refusal to obey directions or orders of the school staff;
g. Knowingly possessing a firearm as defined in 18 U.S.C. 921: any weapon that can expel a projectile by an explosive action and includes explosive devices, incendiaries, poison gases, and firearm frames, receivers, mufflers or silencers.
h. Possession of a deadly weapon, dangerous instrument such as a pistol, knife, blackjack, etc, or martial arts weapon defined in Section 53a-3;
i. Possession of any weapon or weapon facsimile, including but not limited to knife, pistol.
j. Unauthorized possession, distribution, selling or consumption of alcoholic beverages, dangerous drugs or narcotics (Dangerous drugs or narcotics shall mean any controlled drug as defined in C.G.S. 21a-240);
k. Participation in unauthorized occupancy by any group of students or others of any part of any school, school premises or other building owned by any school district after having been ordered to leave said school premises or other facility by the Principal or other person then in charge of said school building or facility;
l. Participation in any walkout from a classroom or school building by any group of students and refusing to immediately return to said classroom or school building after having been directed to do so by the Principal or other person then in charge of said classroom or school building;
m. Intentional incitement which results in an unauthorized occupation of, or walkout from, any school building, school premises, facility or classroom by any group of students or other persons;
n. Repeated unauthorized absence from school;
o. Intentional and successful incitement of truancy by other students;
p. The use or copying of the academic work of another and the presenting of it as one's own without proper attribution;
q. Repeated violation of generally accepted school rules and practices to the point of disruption of the educational process.
2. Students are subject to suspension or expulsion for conduct off school property and outside of school-sponsored activities in accordance with law, for conduct that violates a publicized policy of the Board and is seriously disruptive of the educational process, including but not limited to the following:
a. Conduct leading to a Class A misdemeanor or felony arrest if that conduct is determined to pose a danger to the student himself/herself, other students, school employees or school property.
b. Adjudication as a delinquent or a youthful offender as the result of a felony if the conduct leading to the adjudication is determined to pose a danger to the student himself/herself, other students, school employees or school property.
c. Knowingly possessing a firearm as currently defined by 18 U.S.C. 921, which is any weapon that can expel a projectile by an explosive action and includes explosive devices, incendiaries, poison gases, and firearm frames, receivers, mufflers or silencers.
d. Knowingly possessing a firearm or deadly weapon, including martial arts weapons. A firearm as defined by C.G.S. 53a-3 includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon whether loaded or unloaded from which a shot may be discharged, or a switchblade knife, a gravity knife, billy, black jack, bludgeon or metal knuckles.
e. Knowingly possessing, or using a dangerous 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; includes a vehicle as defined in C.G.S. 53a-3.
3. In making a determination as to whether conduct is “seriously disruptive of the educational process,” the administration, Board of Education or impartial hearing board may consider, but such consideration shall not be limited to; (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon as defined in Section 29-38 and whether any injuries occurred, and (4) whether the conduct involved the use of alcohol.
D. Suspension Procedures
1. The principal of each school shall have the authority to invoke suspension for a period of up to ten days or to invoke in-school suspension for a period of up to five days of any student for one or more of the reasons stated in paragraph C, above, in accordance with the procedure outlined in this paragraph. The administration shall also have the authority to suspend a student from transportation services whose conduct while awaiting or receiving transportation violates the standards set forth in paragraph C, above. The administration shall have the authority to immediately suspend from school any student when an emergency exists as that term is defined in paragraph A, above. If an emergency situation exists, the hearing outlined in paragraph E (3) shall be held as soon as possible after the exclusion of the student.
2. In the case of suspension, the principal shall notify the student’s parents and 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 therefor. Any student who is suspended shall be given an opportunity to complete any class work including, but not limited to, examinations which such student missed during the period of his/her suspension.
3. Except in the case of an emergency, as defined in paragraph A, above, a student shall be afforded the opportunity to meet with the principal and to respond to the stated charges prior to 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 principal shall then determine whether or not suspension or in-school suspension is warranted. In determining the length of a suspension period, the principal may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, or expulsion.
4. No student shall be suspended more than ten 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 paragraph E(4) is first granted.
5. No student shall be placed on in-school suspension more than fifteen 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 paragraph E(4) is first granted.
E. Expulsion Procedures
1. The Board of Education may, upon recommendation of the Superintendent of Schools, expel any student for one or more of the reasons stated in this policy if in the judgment of the Board of Education such disciplinary action is in the best interest of the school system.
2. Upon receipt of an expulsion recommendation from the the Board shall, after giving written notice to the student and his parents or guardian, if said student is less than 18 years of age, conduct a hearing prior to taking any action on the expulsion of said student, provided however, that in the event of an emergency as defined in this policy, the student may be expelled prior to the hearing but in such even a hearing shall be held as soon after the expulsion as possible.
3. 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 and provided at least three affirmative votes for expulsion are cast.
4. A special education student's handicapping conditions shall be considered before making a decision to expel. A Planning and Placement Team (PPT) meeting must be held to determine whether the behavior or student actions violative of Board of Education standards set forth in policy governing suspension and expulsion are the result of the student's handicapping condition.
5. The procedure for any hearing conducted under this paragraph shall at least include the right to:
a. Notice prior to the date of the proposed hearing which shall include a statement of the time, place and nature of the hearing; a statement of the legal jurisdiction under which the hearing is to be held; and a statement that the board is not required to offer an alternative educational opportunity to any student between 16 and 18 who was previously expelled or who is found to have engaged in conduct endangering persons which involved (1) possession of a firearm, deadly weapon, dangerous instrument or martial arts weapon on school property or school transportation or at a school sponsored activity or (2) offering for sale or distribution on school property or at a school sponsored activity a controlled substance, as defined in Section 21a-240(a) of the Connecticut General Statutes.
b. 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;
c. A list of accusing witnesses, at the option of the Superintendent, provided that the Superintendent reserves the right to call additional witnesses;
d. The opportunity to be heard in the student's own defense;
e. The opportunity to present witnesses and evidence in the student's defense;
f. The opportunity to cross-examine adverse witnesses;
g. The opportunity to be represented by counsel at the parents’/students’ own expense; and
h. The opportunity to have the services of a translator, to be provided by the Board of Education whenever the student or his/her parent or legal guardian do not speak the English language.
i. The prompt notification of the decision of the Board of Education, which decision shall be in writing if adverse to the student concerned.
6. The record of the hearing held in any expulsion case shall include the following:
a. All evidence received and considered by the Board of Education;
b. Questions and offers of proof, objections and ruling on such objections;
c. The decision of the Board of Education rendered after such hearing;
d. A copy of the initial letter of notice of proposed expulsion, a copy of any statement of reasons provided upon request, and a statement of the notice of hearing.
7. Rules of evidence at expulsion hearings shall assure fairness, but shall not be controlled by the formal rules of evidence, and shall include the following:
a. 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 may be excluded. In addition, other evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, suspension, or expulsion may be received for considering the length of an expulsion and the nature of the alternative educational opportunity, if any, to be offered;
b. The Board of Education shall give effect to the rules of privilege by law;
c. In order to expedite a hearing, evidence may be received in written form, provided the interest of any party is not substantially prejudiced thereby;
d. Documentary evidence may be received in the form of copies or excerpts;
e. 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;
f. 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 the material noticed, including any staff memoranda or data, and an opportunity shall be afford to any party to contest the material so noticed;
g. A stenographic record or tape-recording 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. Findings of fact made by the Board after an expulsion hearing shall be based exclusively upon the evidence adduced at the hearing.
F. Notification
1. All students and parents within the jurisdiction of the District Board of Education shall be informed, annually, of Board Policy governing student conduct by the delivery to each said student of a written copy of said Board Policy.
2. The parents or guardian of any minor student either expelled or suspended shall be given notice of such disciplinary action within 24 hours of the time of the institution of the period of expulsion or suspension.
G. Alternative Educational Opportunity
The Board of Education recognizes its obligation to offer any student under the age of sixteen 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 education program shall not be subject to the provisions of 10-184 of the General Statutes.
Except as provided below, any expelled student between the ages of sixteen and eighteen who wishes to continue his/her education shall be offered an alternative educational opportunity if he or she complies with conditions established by the Board 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.
An alternative educational opportunity need not be provided to a student who has been expelled previously, whether or not such expulsion occurred prior to the student’s sixteenth birthday, or for conduct endangering persons which included (1) carrying a dangerous instrument or weapon on, or introducing a dangerous instrument or weapon on to school property or possession of a dangerous instrument or weapon at a school-sponsored activity or (2) offering for sale or distribution on school property or at a school-sponsored activity a controlled substance, as defined in Section 21a-240(9) of the Connecticut General Statutes.
In accordance with the requirements of state law, if a student is expelled for the sale or distribution of 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.
The Board will report annually to the Commissioner of Education, as prescribed, information pertaining to expulsions for weapons and/or dangerous instruments.
The provisions of this paragraph H shall not apply to students requiring special education or described in subdivision (1) of subsection (e) of 10-76a of the Connecticut General Statutes.
A student age 16 or older may be placed in an adult education program as an alternative educational opportunity.
Any special education student expelled for a misconduct not caused by the student's disability must be offered an alternative educational opportunity consistent with the student's needs during the period of expulsion.
H. Other Considerations
1. If a student is suspended, notice of the suspension and the conduct for which the student was expelled 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 unless the expulsion was based on possession of a firearm or dangerous weapon
2. If a student is expelled, 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 shall be expunged from the cumulative educational record by the Board if the student graduates from high school unless the expulsion notice is based on possession of a firearm or deadly weapon.
3. The Board may adopt the decision of a student expulsion hearing conducted by another school district provided such board of education held a hearing pursuant to C.G.S.10-233d (a). Adoption of such a decision 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 this Board. The student shall be excluded from school pending such hearing. The excluded student shall be offered an alternative education opportunity in accordance with item H above.
4. Whenever a student against whom an expulsion hearing is pending withdraws from school and 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 shall completed the expulsion hearing and render a decision.
5. Expulsion proceedings shall be required, except as to special education students as described in paragraph 8 below, if there is reason to believe (1) a student possessed a firearm as defined in 18 U.S.C. 921, deadly weapon, dangerous instrument, or martial art weapon on school property or at any school activity (2) off school grounds possessed a firearm as defined in 18 U.S.C. 921 in violation of Conn. Gen. Stat. ß 29-35, or used such firearm, deadly weapon, dangerous instrument or martial arts weapon in the commission of a crime, or (3) on or off school grounds offered for sale or distribution a dangerous drug, as defined above.
6. If a student is found to (1) have possessed a firearm, dangerous instrument, deadly weapon or martial arts weapon on school property or at any school-sponsored activity, (2) to have possessed off school property a firearm as defined in 18 U.S.C. 921 or used off school property a deadly weapon, dangerous instrument or martial art weapon in the commission of a crime, or (3) on or off school property offered for sale or distribution a dangerous drug, he or she must be expelled for one calendar year. The expulsion period may be modified on a case by case basis by the Board of Education or hearing board.
7. A student expelled for possession of a firearm or deadly weapon shall have the violation reported to the local police department (or State Police if the student is enrolled in a regional vocational-technical school).
8. With regard to special education students, if the PPT determines that conduct as described in Paragraph 5 above was caused by the student’s disability, the student shall not be expelled, but rather the student will be referred to PPT for modification of individualized education plan in order to prevent reoccurrence of such behavior and to ensure the safety of other children in the school. If a PPT determines that the special education student's inappropriate behavior or actions are not the result of the student's disability, suspension or expulsion procedures shall be conducted in accordance with provisions of this policy. If the special education student is expelled, he/she must be offered an alternative educational opportunity consistent with his/her needs during the period of expulsion and the student’s IEP.
9. The period of expulsion shall not extend beyond a period of one calendar year. A period of exclusion may extend into the next school year.
10. An expelled student may apply for early readmission to school. Such readmission shall be at the discretion of the Board of Education. Readmission decisions shall not be subject to appeal to Superior Court. The Board may condition such readmission on specified criteria.
Legal Reference: Connecticut General Statutes
4-176e through 4-180a. Contested Cases. Notice. Record.
10-233a through 10-233f. Suspension, removal and expulsion of students, as amended by PA 95-304, PA 96-244, and PA 98-139.
53a-3 Definitions.
53a-217b Possession of Firearms and Deadly Weapons on School Grounds.
PA 94-221 An Act Concerning School Discipline and Safety.
GOALS 2000: Educate America Act, Pub. L. 103-227.
18 U.S.C. 921 Definitions.
Title III - Amendments to the Individuals with Disabilities Education Act.
Sec. 314 (Local Control Over Violence)
Elementary and Secondary Act of 1965 as amended by the Gun Free Schools Act of 1994.
P.L. 105-17 The Individuals with Disabilities Act, Amendment of 1997.
Kyle P. Packer PPA Jane Packer v. Thomaston Board of Education.
Regulation issued: 7/11/05