Expulsion
Code JKE
Expulsion is the removal of a student from a school for the remainder of the school year or until readmitted by the board. Authority to expel students from school rests solely with the board.
The board may expel for the remainder of the school year a student for a commission of any crime, gross immorality, gross misbehavior, persistent disobedience or for violation of written rules and regulations established by the board. A student also may be expelled when it is determined by the district, in considering all of the facts and circumstances of a particular incident, that the presence of the student is detrimental to the best interests of the school.
In all cases where a student has committed an offense that could result in expulsion as specified in the student behavior code (policy JICDA), the principal will have the discretion whether to recommend expulsion. In exercising that discretion, the principal will consider all of the facts and circumstances of the incident, with the primary consideration being student safety. Prior to making a decision whether to recommend expulsion, the principal also will discuss the matter with the superintendent or his/her designee. The hearing officer cannot be the designee.
The student may be suspended from school and all school activities during the time of expulsion procedures, as determined appropriate by the principal.
If procedures for expulsion are initiated, the parent/legal guardian of the student will be notified, in writing, of the time and place of an evidentiary hearing. At the evidentiary hearing, the parent/legal guardian will have the right to bring legal counsel as well as all other regular legal rights, including the right to question all witnesses who appear at the hearing. The evidentiary hearing will take place within 15 days of the written notification of expulsion at a time and place designated by the district hearing officer and a decision will be rendered in writing within 10 days of the hearing.
Either party may appeal the decision of the hearing officer to a panel of three current or former school administrators. The request for appeal must be submitted in writing to the hearing officer within 10 days from the date set forth on the hearing officer's decision letter. The panel will hear the appeal and will render a decision in writing within 10 days of the hearing.
The right to appeal the decision of the panel of three school administrators to the board is reserved for either party. The request must be submitted in writing to the board chairman within 10 days from the date set forth on the superintendent’s or his/her designee's decision letter. The request must outline the basis of the appeal, in particular the error in judgment or in procedure by the hearing officer, and summarize the supporting evidence. After considering the request, the board may or may not grant an appeal hearing. If the board grants a hearing, it must occur within 30 days of the day the board voted to hear the appeal. The action of the board may be appealed to the circuit court.
The board or the hearing officer may transfer a student to another school in lieu of expulsion but only after a conference or hearing with the parent/legal guardian. The parent/legal guardian may appeal a transfer made by the hearing officer.
The board may permanently expel any incorrigible student. However, in all other expulsion cases, the expelled student will have the right to petition for readmission at the completion of the expulsion period for the following year.
Expulsion will be construed to prohibit a student from entering the school or the school grounds, attending any day or night school function, or riding a school bus, except for a prearranged conference with an administrator. Expulsion prohibits a student from attending a function at any school in Pickens County.
Weapons
See policy JICI for expulsion relating specifically to weapons, including firearms.