SUSPENSION

 

 

 

When unacceptable behavior cannot be corrected by the resources of the teacher or school administration, the board hereby authorizes the school principal or his designee to suspend any student for violation of any published rule or regulation or for any other act of misconduct or insubordination as a final effort to influence the student’s future behavior.

 

DEFINITIONS

 

"Suspension" is the denial of the privilege of attending school in the district imposed after due process upon any student of the district at the direction of the principal of the school in which the student is enrolled.  A suspended student may return to school following the expiration of the suspension period without application for readmission but may be required to be accompanied, on return to school, by a parent, legal guardian or custodian.

 

A "suspension" includes the denial of the privilege of participating in or attending any school-related activity for the period of the suspension.  Further, suspended students shall not trespass upon any other school campus or enter into any other school building except for a pre‑arranged conference with a principal. 

 

AUTHORITY TO SUSPEND

 

As provided by statute, the superintendent has the power, authority and duty to delegate student disciplinary matters to appropriate school personnel.   § 37‑9‑14 (r)

 

1.         The superintendent, principal or his designee may immediately suspend a student for misconduct for no longer than 10 consecutive school days, subject to an informal hearing.

 

2.         The superintendent, principal or his designee may recommend suspensions for eleven days or more or expulsion for more serious disciplinary offenses.  In such cases, the superintendent, principal or his designee may immediately suspend the student for no longer than 10 consecutive school days and recommend a long-term suspension or expulsion, subject to an informal hearing and pending the conclusion of formal due process proceedings.

 

BOARD AUTHORITY

 

As provided by statute, the Board of Trustees has the power, authority and duty:

 

1.         To suspend or to expel a pupil or to change the placement of a pupil to the school district’s alternative school or home-bound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the school superintendent or principal, renders that pupil’s presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, and to delegate such authority to the appropriate officials of the school district.  

§ 37-7-301 (e) 

 

2.         To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school.  § 37-7-301 (g)  

 

DISRUPTION TO THE EDUCATIONAL PROCESS

 

The superintendent and principal of a school shall have the power to suspend a pupil for good cause, including misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the superintendent or principal, renders that pupil=s presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, or for any reason for which such pupil might be suspended, dismissed, or expelled by the school board under state or federal law or any rule, regulation or policy of the local school district.  However, such action of the superintendent or principal shall be subject to review by and approval or disapproval of the school board.  If the parent, guardian or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or other person shall have the right to a due process hearing.  The parent or guardian of the child shall be advised of this right to a hearing by the appropriate superintendent or principal and the proper form shall be provided for requesting such a hearing.  

§ 37-9-71 

 

The board may, upon request of the parent, legal guardian or custodian of a suspended student, review a student’s suspension.  Requests for review must be made in accordance with board Policy.

 

 

 

 

NOTICE