District Policies – Jefferson County School District R-1
Book:
District Policies – Jefferson County School District R-1
Section:
J: Students
Title:
Student Suspension/Expulsion
Number:
JKD/JKE1
Status:
Active
Legal:
C.R.S. 22-32-109.1
C.R.S. Title 22, Article 33
C.R.S. 25-4-903 (1) [Immunizations]
Adopted:
06/26/1997
Last Revised:
06/06/2002
Last Reviewed:
Policy Detail
Definitions
For purposes of this policy, the following definitions shall apply:
"Suspension" means the exclusion of a student from attending school and participating in school activities for a specified and limited period of time as set forth under "suspension authority" below, unless student contact with the school district is otherwise authorized by the school or district administration.
"Expulsion" means the exclusion of a student from attending school and participating in school activities for a specified period of time not to extend beyond one calendar year, unless student contact with the school district is otherwise authorized by the school or district administration.
"Classroom suspension" means the exclusion of a student from the classroom by a teacher for causing a material and substantial disruption in the classroom through behavior that is initiated, willful, and overt on the part of the student.
"Student with disabilities" means a student for whom a determination of disability has been made by a properly constituted Individual Education Plan (IEP) committee or 504 committee.
"Parent" means a student's parent, guardian, or legal custodian.
"Informal hearing" means an opportunity for a student to be informed of the evidence and to explain his or her position regarding the incident constituting grounds for discipline. An informal hearing does not include representation by counsel, the ability to confront and cross examine witnesses, or to call witnesses to verify the student's version of the incident.
In matters involving student behavior which may result in the suspension or expulsion of a student, it is the policy of the Board of Education that the parent(s) be notified and involved to the greatest practicable extent in all such disciplinary procedures. In all cases, the students, parents, and school personnel shall be afforded the protection of due process of law.
A student conduct and discipline code shall be distributed to students and their parent(s) at the beginning of each school year, posted in each school, and distributed to new students upon enrollment. Any significant change in the conduct and discipline code during the school year shall be distributed to each student and posted in each school.
In accordance with Board and district policies and in accordance with the requirements of the re-authorized Individuals with Disabilities Education Act (IDEA) and other pertinent federal and state laws, students with disabilities who have an IEP may be suspended and subject to expulsion.
Alternatives to Suspension
In lieu of suspension, the principal or designee may, at his or her discretion, permit the student to remain in school on the condition that the student's parent(s) attend class with the student for a period of time established by the principal or designee. This alternative is not automatic. The principal or designee shall consult with the student's teachers and obtain their consent before implementing this alternative. In the event that this alternative becomes disruptive, then the school will immediately terminate this option.
If the student's parent does not agree or fails to attend class with the student, the principal or designee shall suspend the student in accordance with this policy. This alternative to suspension shall not be used if expulsion proceedings have been or are to be initiated, or if the principal or designee determines that the student's presence in school, even if accompanied by a parent(s), would be disruptive to the operations of the school or be detrimental to the learning environment of other students.
Suspension Authority
A school principal or designee, by written authority of the principal, may suspend a student enrolled in the school for not more than five school days on the grounds stated in C.R.S. 22-33-106 (1) (a), (1) (b), (1) (c) or (1) (e), or not more than 10 school days on the grounds stated in C.R.S. 22-33-106 (1) (d), unless expulsion is mandatory under law (see JKDA/JKEA).
The Board of Education delegates to the superintendent the authority to suspend a student, in accordance with C.R.S. 22-33-105, for an additional 10 school days, plus up to and including, an additional 10 school days necessary in order to present the matter to the Board of Education for an expulsion hearing to occur, not to exceed 25 school days of suspension.
Expulsion Authority
The Board of Education may conduct a hearing at which the question of expulsion is determined.
Unless otherwise determined by the Board of Education, the Board delegates its power to expel students to the superintendent and/or to a designee who shall serve as a hearing officer. The Board may delegate to the superintendent or the hearing officer its authority to conduct the hearing required.
The decision of the superintendent may, upon the written request of the student or parent(s), be appealed to the Board of Education.
Expulsion for Crimes of Violence and Unlawful Sexual Behavior
When the district receives notification that a student at least 12 years of age but under 18 years of age has been charged in juvenile or district court with a crime of violence or unlawful sexual behavior as defined by state law, a determination shall be made whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of other students or of school personnel in the school and whether educating the student in the school may disrupt the learning environment, provide a negative example for other students, or create a dangerous and/or unsafe environment for students, teachers, and other school personnel.
If a determination is made that the student should not be educated in the school, proceedings may be initiated for suspension or expulsion. Alternatively, the Board of Education or its designee may wait until the conclusion of the juvenile or criminal proceedings to consider the expulsion matter, in which case an appropriate alternative education program or a home based education program shall be established for the student pending resolution of the juvenile proceedings. The student shall not be permitted to return to the education program in his or her school until there has been a disposition of the charges. The time that the student spends in an alternative educational program shall not be considered a period of expulsion.
Reporting Discipline Actions
The superintendent shall report each case acted upon at the next meeting of the Board of Education, briefly describing the circumstances and the reasons for the action taken by the superintendent.
The principals of each school in the district shall submit annual written reports to the Board of Education concerning the learning environment in their schools each school year, as required by law. Each principal's report shall include:
the total enrollment for the school;
the average daily attendance rate at the school;
dropout rates for grades seven through twelve, if such grades are taught at the school;
the number of violations of the conduct code broken down as to type of violation and type of discipline, as required by law, and noting which violations and discipline involved students with disabilities; and
the school's policy concerning bullying prevention and education.
The Board of Education shall annually compile the principals' reports from each school in the district and submit its compiled report to CDE, as required by law. The Board's compiled report shall also include the average size of each school in the district, calculated as the total number of students enrolled in the school divided by the number of full time teachers in the school. The Board's compiled report shall also be made available to the general public, but not in such a way as to disclose confidential personally identifiable student information in violation of state or federal law.
Information to Parents
Within five days of expelling a student, the district shall notify the student and his or her parent(s) of the student's opportunity to receive educational services for expelled students.
Upon request of a student or student's parent(s), the district shall provide any educational services that are deemed appropriate by the district for any student who is expelled from the district. The services provided shall be designed to provide a second chance for the student to succeed in achieving an education. The district shall determine the amount of credit the student shall receive toward graduation for the educational services provided. The district is not required to provide additional educational services to any student who is suspended or expelled while receiving educational services.
The district may provide services for a student who is expelled through agreements with local governmental agencies and managing state agencies, community based nonprofit organizations, with the Department of Military Affairs, and public or private institutions of higher learning to provide appropriate services such as tutoring, counseling, drug treatment, family preservation, alternative education, or vocational education programs. If a student is expelled for the remainder of the school year and the student is not receiving educational services, the district will contact the student's parents at least once every 60 days until the beginning of the next school year to determine whether the student is receiving educational services. The district need not contact the student's parent(s) after the student is enrolled in another school district or in an independent or nonpublic school or if the student is committed to the Department of Human Services or is sentenced pursuant to the Children's Code contained in Article 2 of Title 19 of the Colorado Revised Statutes.
Student's Return to School Following an Expulsion
In accordance with state law, a student who has been expelled on grounds stated in C.R.S. 22-33-106 (1) (c) or (1) (d) and has been convicted or adjudicated as a juvenile delinquent, received a deferred judgment, or placed in a diversion program for such conduct shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim's immediate family is enrolled or employed. If the student cannot be placed in another school, the school may provide the expelled student with a schedule that avoids contact with the victim or the victim's immediate family members.
CROSS REFERENCE:
ECAC, Vandalism
GBGB, Staff Personal Security and Safety
JH, Student Absences
JH-R, Student Absences
JHD, Exclusions and Exemptions from School Attendance
JK, Student Discipline and subcodes
KLG, Relations with Police Authorities
KLG-R, Relations with Police Authorities