SUSPENSION OF STUDENTS
(REGULATION)
In accordance with the policy of the board of education, the following regulation shall govern the suspension of students from school.
The authority to suspend a student from a school in the school district is delegated to the respective building principals.
1. Any student may be suspended for:
- Violations of policy or regulations
- Possession of an intoxicating beverage, low-point beer (37 O.S. §163.2) (See policy FNCE)
- Possession of missing or stolen property if the property is reasonably suspected to have been taken from a student, a school employee, or the school during school activities
- Possession of a dangerous weapon or a controlled dangerous substance while or within two thousand (2,000) feet of public school property, or at a school event (Uniform Controlled Dangerous Substances Act) (See policies FNCE and FNCGA)
- Possession of a firearm may result in out-of-school suspension of not less than one year (See policy FNCGA)
- Any act which disrupts the academic atmosphere of the school, endangers or threatens fellow students, teachers, or officials, or damages property
- Students in grades six through twelve found to have assaulted, attempted to cause physical bodily injury, or acted in a manner that could reasonably cause bodily injury to a school employee or person volunteering for a school shall be suspended for the remainder of the current semester and the next consecutive semester. The term of the suspension may be modified by the school district superintendent on a case-by-case basis.
2. A full suspension shall not extend beyond the present semester and the succeeding semester except for violations of the Gun-Free Schools Act which provides suspensions for up to one calendar year or longer. (See policy FNCGA.)
3. Except under circumstances that require the immediate removal of a student or students, the parent(s) or legal guardian(s) shall be informed before a student is released from school.
4. Any student who has been adjudicated as a delinquent and has been removed from a public or private school in this state or any other state for such act, will not be enrolled in a regular class room setting in the district but may be provided an alternative education solution until such time as that student no longer poses a threat to self, other students, or faculty.
5. Students suspended out-of-school who are on an individualized education plan pursuant to IDEA, P.L. No. 101-476, shall be provided the education and related services in accordance with the student’s IEP.
6. A student who has been suspended for a violent offense that is directed towards a classroom teacher shall not be allowed to return to that teacher’s classroom without the approval of that teacher.
SUSPENSION OF STUDENTS, REGULATION (Cont.)
Procedural Steps to Suspension
Before a student is suspended from school, the principal of that school shall consider and apply, if appropriate, alternative in-school placement options that are not to be considered suspensions. Such placements can include an alternative school setting, reassignment to another classroom, or in-school detention. If such alternate placement is rejected, written justification must be placed in the student’s permanent record.
1. Probation. A student may be placed on probation with or without additional disciplinary action. If probation is elected by the principal as a suitable alternative to suspension, both the student and the parent(s) shall be notified of the probation and the reasons therefor.
2. In-school placement is an alternative to out-of-school suspension. In-school placement will be imposed by the student's principal and the student will be placed in a supervised, structured environment. This placement will not be considered suspension and may include an alternative school setting, reassignment to another classroom, or in-school detention. Both the student and the parent(s) shall be notified of the placement, the reasons therefor, and the right to appeal the placement to the suspension appeals committee.
3. Out-of-school suspension.
A. Both the student and the parent(s) shall be notified of the suspension, the grounds therefor, and the right to appeal the suspension to the board of education. A student suspended out-of-school will be placed in a supervised, structured environment in either a home-based school work assignment setting or another appropriate setting.
B. If a student is suspended out-of-school for five (5) days or less the district may provide an education plan. If a student is suspended for more than five (5) days and is found guilty of acts as described above, the school administration shall provide the student with an education plan designed for the eventual reintegration of the student into school which provides for the core units in which the student is enrolled. The minimum core units shall consist of English, mathematics, science, social studies, and art. The plan shall set out the procedure for education and shall address academic credit for work satisfactorily completed. A copy of the plan shall be provided to the student’s parents or guardian, and the parents or guardian shall be responsible for the provision of a supervised, structured environment in which the parent or guardian shall place the student and bear responsibility for monitoring the student’s educational progress until the student is readmitted to school.
Appellate Procedures
Suspension Appeals Committee
A suspension appeals committee is hereby established which will consist of 3 administrators or teachers or a combination thereof. The members of the committee shall be appointed by the superintendent and may include the superintendent. However, any member of the committee who initiated a suspension in a case shall be excused from the committee during any appeal of that particular case.
SUSPENSION OF STUDENTS, REGULATION (Cont.)
Appellate Procedures
1. Any student who has been suspended for ten (10) days or less under the steps listed above, or the student’s parent(s), may appeal the suspension to the suspension appeals committee. The following procedures shall govern the appellate process:
A. The student, or the student’s parent(s), shall notify the superintendent within ten (10) days following the suspension or the notice of the intent to suspend of their intent to appeal the suspension.
B. Upon receiving notice of a student’s intent to appeal, the superintendent shall advise the suspension appeals committee. The suspension appeals committee shall hear the appeal within ten (10) days from the date the notice of intent is filed with the superintendent. The superintendent, at his/her discretion, may permit the suspended student to attend classes pending the outcome of the appeal.
C. During the hearing of the appeal before the suspension appeals committee, the student or the student’s parent(s) shall have the right to provide evidence as to why the suspension, or the duration thereof, is inappropriate. The student shall not have the right to be represented by legal counsel, unless the school district is represented by legal counsel.
D. The suspension appeals committee shall determine the guilt or innocence of the student, and the reasonableness of the term of the suspension. The suspension appeals committee may uphold, overrule, or modify the suspension. The student and the student’s parent(s) shall be notified within five (5) days of the decision.
E. Decisions of the suspension appeals committee may be appealed to the board of education. The decision of the board of education shall be final.
2. Any student who has been suspended for greater than ten (10) days under the steps listed above, or the student’s parent(s), may request a review of the suspension with the administration. If the administration does not withdraw the suspension, the student shall have the right to appeal the decision to the board of education. The following procedures shall govern the appellate process:
A. The student, or the student’s parent(s), shall notify the superintendent within ten (10) days following the suspension or the notice of the intent to suspend of their intent to appeal the suspension.
B. Upon receiving notice of a student’s intent to appeal, the superintendent shall advise the board of education. The board of education may conduct the hearing or may appoint a hearing officer to conduct the hearing. The board of education or hearing officer shall hear the appeal within ten (10) days from the date
the notice of intent is filed with the superintendent. The superintendent, at his/her discretion, may permit the suspended student to attend classes pending the outcome of the appeal.
SUSPENSION OF STUDENTS, REGULATION (Cont.)
C. During the hearing of the appeal before the board of education or hearing officer, the student or the student’s parent(s) shall have the right to provide evidence as to why the suspension, or the duration thereof, is inappropriate. The student shall not have the right to be represented by legal counsel, unless the school district is represented by legal counsel.
D. The board of education or hearing officer shall determine the guilt or innocence of the student, and the reasonableness of the term of the suspension. The board of education or hearing officer may uphold, overrule, or modify the suspension. The student and the student’s parent(s) shall be notified within five (5) days of the decision. The decision of the board of education or hearing officer shall be final.
NOTE: 70 O.S. §24-101.3 (E) states that a student who has been suspended from a public or private school in the state of Oklahoma or another state for a violent act or an act showing deliberate or reckless disregard for the health or safety of faculty or other students shall not be entitled to enroll in a public school of this state, and no public school shall be required to enroll such student, until the terms of the suspension have been met or the time of suspension has expired.
THIS POLICY REQUIRED BY LAW.
Additional settings for Safari Browser.
