File JKE: Expulsion of Students

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No student shall be expelled from school except by action of the Board. Following a proper investigation of a student’s behavior and due process proceedings conducted in accordance with 20-A MRSA § 1001(8)(A), the Board shall expel the student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9A). 
 
The Board also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled will not likely recur.
 
NOTICE OF EXPULSION HEARING
 
Before and expulsion hearing, the Superintendent shall:
 
A.  Provide written notice, by regular and certified mail, to the parents/guardians and the student informing them of:
                       
1. The date, time and location of the hearing;
 
2. A description of the incident(s) that resulted in the expulsion hearing.
 
3. The student’s and parents/guardians’ right to review the school’s records prior to the hearing;
 
4. A description of the hearing process, including the student’s right to present and cross-examine witnesses and his/her right to an attorney or other representation; and
 
5. An explanation of the consequences of an expulsion.
 
B. Invite the parents/guardians and the student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.
                                   
EXPULSION HEARING
 
The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.
 
Upon making a decision to expel a student, the Board may:
 
A.  Expel the student for a specific period of time not to exceed the total number of instructional days approved by the Board for the current year {usually 175 (one hundred seventy-five) days in a year} or,
 
B. Expel the student for an unspecified period of time and authorize the Superintendent to provide the expelled student with a re-entry plan, to be developed in accordance with 20-A MRSA § 1001(9-C), specifying the conditions that must be met in order for the student to be readmitted to school after the expulsion.
After the expulsion hearing, the Board shall provide written notice of its decision to the parents/guardians and the student by certified mail.  Such notice will also set a date for the student and parents/guardians to consult with the Superintendent in the development of a re-entry plan that includes any conditions that must be met prior to reapplication to the District. The plan is to be developed by the Superintendent/designee in consultation with the student and his/her parents/guardians as guidance to help the student understand what he/she must do to establish satisfactory evidence that the behavior resulting in the expulsion will not likely recur. The Law provides that if the student or parents do not attend the meeting to develop a re-entry plan, the re-entry plan must be developed by school staff and provided to the parents and student in writing.
 
Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled. The District may, but is not required to, provide educational services in an alternative setting to a student who has been expelled, except as required for students with disabilities.
 
Legal Reference:            20-A MRSA § 1001(8-A), (9), (9A-9D)
                                            1 MRSA § 405(6) (B)
 
Cross Reference:            JKE-R - Expulsion of Students—Guidelines
                                            JICIA – Weapons, Violence and School Safety
                                            JK - Student Discipline
                                            JKD - Suspension of Students
                                            JKF – Suspension/Expulsion of Students with Disabilities
 
FIRST READING:                  December 13, 2012 
SECOND READING:            January 10, 2013
 ADOPTION:                           January 10, 2013

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