Code of Conduct
Section XXII: Out-of-school suspension lasting more than five days
If a student’s inappropriate, unacceptable or unsafe behavior is identified as a Level 4 violation that warrants possible assignment of and out of school suspension of more than five days, the following procedures and timeline must be followed.
Assignment of initial five-day suspension
Level 4 violations require that a student is immediately removed from the classroom.
All procedures required for assignment of a short-term suspension must be followed to assign a five-day suspension before district hearing process can begin.
District hearing request from school
Submission of all hearing request documentation:
- Superintendent hearing request form
- Summary of evidence including description of behavior violation, incident report, witness statements, video, photographs and any other relevant materials or testimony
- Suspension letter sent to parent
- Recommended interventions during or after suspension
Parent is notified by telephone and in writing. Communication must inform parent that she/he can request a conference with an administrator to discuss reasons for suspension.
Superintendent decision and parent notification
After review of hearing request information, superintendent of his/her designee approves or denies hearing request for long-term suspension.
If hearing request is approved, a written notice to participate in a superintendent’s hearing is sent to parent by certified/return receipt mail within 48 hours of receiving hearing request documentation.
Written notice must include time, date and location or superintendent’s hearing; description of alleged behavior violation, and description of incident and student’s actions; parent’s and student’s right to be represented by counsel, present evidence and question witnesses.
Superintendent’s hearing and pre-conference meeting
Participants include: hearing officer, administrator from student’s school, student and parent, and any witnesses requested from the school or from student or parent.
In phase 1 of the hearing, the hearing officer determines whether student is guilty or innocent or alleged behavior violation.
In phase 2 or the hearing, the hearing officer recommends the consequences and interventions to be assigned.
Superintendent will make a final determination and notify parent in writing.
Appeal
Parent or student can file a written appeal within 10 business days of the decision date to the Board of Education. If the parent or student do not agree with the board’s decision they can appeal to the Commissioner of Education within 30 days from the decision of the board.
