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JGE - Expulsion**

Code:  JGE
Adopted:  5/14/18
 

A principal, after reviewing available information, may recommend to the superintendent that a student be expelled.  Expulsion of a student shall not extend beyond one calendar year.

No student may be expelled without a hearing unless the student’s parents, or the student if 18 years of age, waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing.  By waiving the right to a hearing, the student and parent agree to abide by the findings of a hearings officer.

Students may be expelled for any of the following circumstances: a) when a student’s conduct poses a threat to the health or safety of students or employees; b) when other strategies to change the student’s behavior have been ineffective, except that expulsion may not be used to address truancy; or c) when required by law.  The district shall consider the age of the student and the student’s past pattern of behavior prior to imposing the expulsion.  The district will ensure careful consideration of the rights and needs of the individual concerned, as well as the best interests of other students and the school program as a whole.

The use of expulsion for discipline of a student in the fifth grade or below, is limited to:

  1. Nonaccidental conduct causing serious physical harm to a student or employee;
  2. When a school administrator determines, based on the administrator’s observation or upon a report from an employee, the student’s conduct poses a threat to the health or safety of students or employees; or
  3. When the suspension or expulsion is required by law.

When an expulsion hearing is not waived, the following procedure is required:

  1. Notice will be given to the student and the parent by personal service[1] or by certified mail[2] at least five days prior to the scheduled hearing.  Notice shall include:

a.   The specific charge or charges;
b.   The conduct constituting the alleged violation, including the nature of the evidence
       of the violation and reason for expulsion;
 c.   A recommendation for expulsion;
d.   The student’s right to a hearing;
e.   When and where the hearing will take place; and
f.    The right to representation.

 

2.   The Board may expel, or may delegate the authority to decide on an expulsion to the
      superintendent or superintendent’s designee, who may also act as the hearings officer. 
      The district may contract with an individual who is not employed by the district to serve
      as the hearings officer.  The hearings officer designated by the Board will conduct the
      hearing and will not be associated with the initial actions of the building administrators;

3.   Expulsion hearings will be conducted in private and will not be open to the general
      public unless the student or the students’ parents request an open session;

4.   In case the parent or student has difficulty understanding the English language or has
      other serious communication disabilities, the district will provide a translator;

5.   The student shall be permitted to have representation present at the hearing to advise
      and to present arguments.  The representation may be an attorney and/or parent.  The
      district’s attorney may be present;

6.   The student shall be afforded the right to present his/her version of the events
      underlying the expulsion recommendation and to introduce evidence by testimony,
      writings or other exhibits;

7.   The student shall be permitted to be present and to hear the evidence presented by
      the district;

8.   The hearings officer or the student may record the hearing;

9.   Strict rules of evidence shall not apply to the proceedings.  However, this shall not
      limit the hearings officer’s control of the hearing;

10. If the Board has delegated authority to the superintendent or designee to act as the
      hearings officer, the superintendent may designate him or herself, or a third party, as
      the hearings officer.  The hearings officer’s decision is final.  However, a decision of
      the hearings officer may be appealed by the parent or the student if age 18 or over to
      the Board for review.  If the decision of the hearings officer is appealed to the Board for
      review, the findings as to the facts and the hearings officer’s decision will be submitted
      to the Board, and will be available in identical form to the Board, the student and the
      students’ parents at the same time.  At its next regular or special meeting the Board will
      review the hearings officer’s decision and will affirm, modify or reverse the decision;

11. A Board review of the hearings officer’s decision will be conducted in executive session
      unless the student or the student’s parent requests a public hearing.  If an executive
      session is held by the Board or a private hearing held by the hearings officer, the
      following will not be made public:

a.   The name of the minor student;

b.   The issues involved, including a student’s confidential medical record and that
      student’s educational program;

c.   The discussion;

d.   The vote of Board members, which may be taken in executive session when
      considering an expulsion.

Prior to expulsion, the district must propose alternative programs of instruction or instruction combined with counseling to a student subject to expulsion for reasons other than a weapons policy violation.  The district must document to the parent of the student that proposals of alternative education programs have been made.

END OF POLICY

Legal Reference(s):

ORS 192.660
ORS 332.061
ORS 336.615 to -336.665
ORS 339.115
ORS 339.240
ORS 339.250

OAR 581-021-0050 to -0075

Cross Reference(s):

JFC - Student Conduct
JG - Student Discipline
JHFDA - Suspension of Driving Privileges

 


[1]The person serving the notice shall file a return of service. (OAR 581-021-0070)

[2]When “certified mail is given to a parent of a suspended student, the notice shall be placed in the mail at least five days before the date of the hearing.” (OAR 581-021-0070)