Suspension & Expulsion Process
JG-BP: Student Conduct & Discipline (Board Policy)
Suspension Process
In-school suspension temporarily removes a student from attending their regular classes and school activities until reinstatement has been accomplished or some other form of action is taken. An in-school suspension may be sanctioned by a school principal or designees as follows:
i. After the student is notified of the reason(s) for the action and is given opportunity to present their view of the alleged misconduct, the ISS may be imposed.
ii. Following the ISS, the suspending school official shall give written notice to the student’s parent(s) or guardian(s), or to the student if age 18 or over, of the ISS decision and the reason(s) for the decision.
iii. The suspending school official shall specify the methods and conditions under which the student’s schoolwork may be made up.
Out-of-school temporarily removes from a student the privilege of attending school and all school activities until reinstatement has been accomplished or some other form of action is taken. Suspensions are made by the principal or designee and are not to exceed ten (10) school days. In making a decision whether to place a student on suspension, the principal or designee must consider the age of the student and the past pattern of behavior by the student.
When a student is suspended:
i. The student is to be notified of the reason(s) for the suspension and be given the opportunity to present their view of the alleged misconduct.
ii. The informal hearing may be postponed in emergency situations relating to health and safety when there is a serious risk that substantial harm will occur if suspension does not take place immediately. A student suspended under emergency conditions shall have the rights specified above, as soon as the emergency condition has passed.
iii. The suspending school official shall give written notice to the student’s parent(s) or guardian(s), or to the student if age 18 or over, of the suspension decision and the reason for the decision. These procedures may also be postponed in emergency situations relating to health and safety.
iv. The suspending school official shall specify the methods and conditions under which the student’s schoolwork may be made up.
v. A parent/guardian conference with the suspending school official regarding the student’s behavior may be required prior to the student being readmitted. When the suspension is the result of a misconduct in the classroom, the teacher involved shall be informed of the disciplinary action taken and be given the opportunity to attend all parent/guardian conferences.
vi. In the event the student or parent(s) or guardian(s) are dissatisfied with the suspension decision or the results of a parent/guardian conference, they may seek and obtain a conference with the school principal. If the parent(s)/guardian(s) are dissatisfied with the suspension decision after a conference with the principal, they may request the Superintendent’s review of the decision, in writing, within 10 calendar days to assure due process was provided and to assure the discipline is consistent with Oregon law and Board policy. The Superintendent’s review shall be limited to the record. A new hearing shall not be provided. The Superintendent’s review shall be final and may not be appealed to the School Board.
vii. Upon return to school, the student may participate in restorative opportunities as appropriate, or be referred to a school counselor.
viii. In special circumstances, a suspension may be continued until some specific pending event occurs, such as a physical or mental examination or incarceration by court action.
A school official may apply more than one of the above-described discipline measures on the same student for the same misconduct.
Expulsion Process
Expulsion is exclusion from the regular school program and all school activities. Expulsion shall not extend beyond one calendar year.
Grounds for Expulsion:
A student may be expelled only when the student’s conduct poses a threat to the health or safety of students or school employees, when other strategies to change student conduct have been ineffective, or when expulsion is required by law. In making a decision whether to expel a student, the district must consider the age of the student and the past pattern of behavior by the student.
Notwithstanding the above, expulsion is mandatory and shall be implemented under the terms of JFCJBP: Weapons in Schools, in the following circumstances:
- When a student is determined to have brought a firearm to a school, to school property under the jurisdiction of the school district or to an activity under the jurisdiction of the school district;
- When a student is determined to have possessed, concealed or used a firearm in a school, on school property under the jurisdiction of the school district or at an activity under the jurisdiction of the school district; or
- When a student is determined to have brought to or possessed, concealed or used a firearm at an interscholastic activity administered by a voluntary organization.
Notice Requirements:
When a student is recommended for expulsion, a hearing shall be provided. Notice of the hearing to the student and to the parent(s) or guardian(s) shall be made by certified mail or hand delivered by personal service. Where notice is made by mail, the notice shall be sent Certified Mail Return Receipt Requested and mailed at least five (5) calendar days before the date of the hearing. Personal service of notice shall be at least five (5) calendar days before the date of the hearing and the person giving notice shall file a return of service. The school official and the parent(s) or guardian(s) of the student, or the student if age 18 or over, may mutually agree to waive the above defined notice period and schedule a hearing at an earlier date.
i. The notice shall state the specific charge or charges being made by the school, a statement of intent to consider the charges as reason for expulsion and the date, time and location of the hearing.
ii. The parent(s) or guardian(s) of the student, or the student if age 18 or over, may waive the right to a hearing by notifying the district in writing of such waiver, or by failing to appear after notice at the time, date and place set for the hearing. The parent(s) or guardian(s) of the student, or the student if age 18 or over, may make a request prior to the hearing date and time to have the hearing rescheduled. The district may in its sole discretion comply with such a request.
Expulsion Hearing:
The hearings officer shall conduct expulsion hearings for the Board in accordance with the applicable Oregon Revised statutes, specifically ORS 332.061 and Oregon Administrative Rules.
At the Hearing:
i. The student may be represented by counsel or other persons.
ii. The student shall be permitted to be present and hear the evidence presented on behalf of the district.
iii. The student shall be permitted to introduce evidence by testimony, writings or other exhibits.
iv. Strict rules of evidence shall not apply to the proceedings. However, this provision shall not limit the hearing officer’s control of the meeting.
v. The hearings officer or the student may make a record of the hearing. The District will request that the Hearings Officer tape record the hearing, but the unavailability of the audio tape due to malfunction or loss shall not invalidate the hearing.
vi. An interpreter shall be provided by the school district in cases where the student or student’s parent(s) or guardian(s) do not understand the spoken English language.
The hearings officer will determine the facts of each case on the evidence provided at the hearing and submit written findings and a recommendation for disciplinary action to the Superintendent.
The decision of the Superintendent shall be final, except as noted below. The decision shall be made in writing to the student and to the parent(s) or guardian(s) of the student. The action of the Superintendent may be:
i. No action, the student may immediately return to school;
ii. A type of discipline especially suited to the offense;
iii. Administrative probation (as defined above), which may be applied for as long as the rest of the semester in which the probation notice is given, or when so close to the end of a semester that it would not be effective, for as long as the entire semester following the probation notice. While on administrative probation, the student must comply with the terms of that probation. Failure to comply with all rules set out in the conditions for probation is cause for a discipline hearing on the alleged violation;
iv. Expulsion, as defined, above. Prior to the expulsion the Superintendent or designee shall consider and propose to the student and document to the parent, in writing, appropriate and accessible alternative programs of instruction or instruction combined with counseling. This information and notice of alternative education programs shall be included with the written expulsion order and delivered to the student and their parent(s) or guardian(s);
v. A combination of the discipline options set forth above.