Suspension/Expulsion

SUSPENSION AND EXPULSION OF STUDENTS

It shall be the policy of the Boone Central High School to comply with the Student Discipline Act of 1994, the Gun Free Schools Act of 1994, and LB658 enacted by the 1995 Nebraska legislature. Students shall receive fair treatment consistent with their constitutional rights to due process and fundamental fairness within the context of an orderly and effective schools process. Occasionally the conduct of a student is such that removal from the classroom or the school is appropriate. Some typical offenses that may result in suspension or expulsion are: repeated truancy; repeated tardiness; fighting; unauthorized absence from school; possessing or using weapons or dangerous instruments; possessing or using tobacco, alcohol, illegal drugs, fireworks or explosives; arson, theft, vandalism, destruction of property, riot, strike or walkout; continued class disruptions; forgery, false reports; insubordination; profanity; distribution of unauthorized printed materials; immoral conduct; intimidation or harassment; and violations of other school rules and regulations.

Suspended students will only be readmitted after a student-parent-principal conference. Make-up work will be at the discretion of the individual teachers.

Due process shall be followed in any situation that might involve short-term suspension, long-term suspension, emergency exclusion, or expulsion of a student.The following due process shall be used to resolve conflict situations that involve students which do not involve long-term suspension or expulsion:

1. The principal will give oral or written notice to the student and parents of any decision that may result in being removed from school.

2. The student will be given the opportunity to respond and give his/her version of the situation.

3. In the event of a decision to suspend the student, the principal shall send a written statement to the student and his/her parent or guardian describing the violation of the rule or standard and the reason for the action taken.

4. The parents of the student shall have the opportunity to appeal the decision of the principal through the superintendent to the Board of Education.

5. Open communications, with all participants involved, including all records concerning the student, will be maintained during the appeal process.

The following (which are not all inclusive) are examples of student conduct which may constitute grounds for long-term suspension (6-19 school days) or expulsion (removal from school for 20 days or longer):

1. Use of force, violence, coercion, threats, intimidation, harassment, or similar conduct in a manner that constitutes a substantial interference with school purposes.

2. Willfully causing or attempting to cause substantial damage to private or school property; stealing or attempting to steal property of substantial value, or repeated damage or theft of private or school property of small value.

3. Causing or attempting to cause, physical injury to a school employee or student. Physical injury caused by accident or self-defense, or in the reasonable belief that it was necessary to protect another person does not constitute a violation.

4. Threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value.

5. Knowingly possessing, handling, or transmitting any object or material that is ordinarily considered a weapon or look alike weapon other than a firearm. (Minimum 5-day suspension)

6. Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance or alcohol on school property or during school hours.

7. Engaging in any other activity forbidden by the laws of the State of Nebraska, which activity constitutes a danger to other students or interferes with school purposes. 8. A repeated violation of any rules substantially interfering with school purposes.

9. Public indecency as defined in section 28-806, except that this subdivision shall apply only to students at least twelve years of age but less than nineteen years of age.

10.Sexually assaulting or attempting to sexually assault any person if a complaint has been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person including sexual assaults or attempted sexual assaults which occur off school grounds not at a school function, activity, or event. For purposes of this subdivision, sexual assault shall mean sexual assault in the first degree and sexual assault in the second degree as defined in sections 28-319 and 28-320, as such sections now provide or may hereafter from time to time be amended.

11. Sexual harassment which is conduct by a student against another student which has an effect of interfering with the academic performance of another student, or creates an intimidating, hostile, offensive, or unsafe or unwholesome learning environment. A complaint of sexual harassment can be filed by following the format in School Board Policy 4001. Students who believe that any school employee is sexually harassing them can follow the same format to lodge a complaint of sexual harassment.

The following student conduct shall constitute grounds for expulsion of a minimum of one calendar year:

1. Knowingly and voluntarily possessing, handling, or transmitting a firearm in school, on school grounds or at a school function. A firearm shall mean:

1. Any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosion;

2. The frame or receiver of any such weapon;

3. A firearm muffler or silencer;

4. Starter pistol;

5. B-B gun, pellet, or air gun;

6. Any destructive device:

a. any explosive, incendiary or poison gas bomb, grenade, rocket with a propellant charge of more than four ounces, missile with an incendiary charge of more than four ounces, mine or similar device:

b. any combination of parts designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled.

If a principal makes a decision to discipline a student by long-term suspension or expulsion, he shall on the date of the decision, file a written charge and summary of the evidence supporting the charge with the superintendent of schools. The school shall, within two school days of the decision, send written notice by registered or certified mail to the student and the student!=s parent/guardian, informing them of their rights. If a principal makes a decision to discipline a student by expulsion the following procedures will be followed. A conference shall be called by a school administrator and held to assist the district in the development of a plan with the participation of a parent or legal guardian, the students, a school representative, and a representative of either a community organization with a mission of assisting young people or a representative of an agency involved with juvenile justice. The plan shall be in writing and adopted by a school administrator and presented to the student and the parent or legal guardian. The plan shall (a) specify guidelines and consequences for behaviors which have been identified as preventing the student from achieving the desired benefits from the educational opportunities provided, (b) identify educational objectives that must be achieved in order to receive credits toward graduation, (c) specify the financial resources and community programs available to meet both the educational and behavioral objectives identified, and (d) require the student to attend monthly reviews in order to assist the student!=s progress toward meeting the specified goals and objectives.

Nothing in this procedure shall preclude the student, the student!=s parent/guardian, or representative from discussing and settling the matter with appropriate school personnel prior to the hearing stage.

A copy of Nebraska State Law as it applies to due process rights of students in case of long-term suspension and expulsion is available from the principal as needed and requested.