6031 Emergency Exclusion

6031  Emergency Exclusion

Grounds for Emergency Exclusion

Any student may be excluded from school in the following circumstances subject to the procedural provisions governing short term suspension found elsewhere in these policies or state law:

  1. If the student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health or safety of the school community; or
  2. If the student's conduct presents a clear threat to the physical safety of himself, herself, or others, or is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.

Any emergency exclusion shall be based upon a clear factual situation warranting it and shall last no longer than is necessary to avoid the dangers that prompted the exclusion. 

Extension of Exclusion.  In the event it is appropriate to consider the extension of an emergency exclusion (exclusion) of a student for more than five school days.  Pursuant to the Student Discipline Act, the principal has the authority to exclude a student from school for five school days on an emergency basis.  If the superintendent or superintendent’s designee determines that it is appropriate to consider the extension of an exclusion beyond five days, such consideration shall be considered according to the procedures set forth below.

Notification of Student’s Parent(s) or Guardian(s).  The superintendent or the superintendent’s designee shall notify the student’s parent(s) or guardian(s) that the principal has proposed the extension of the exclusion.  If the initial notice is oral, the superintendent shall confirm it in writing.

Opportunity to Request a Hearing.  The student’s parent(s) or guardian(s) may submit an oral request for a hearing on the proposed extension of the exclusion within two school days of receiving the initial notice.  If the initial request for a hearing is oral, they shall confirm the request in writing.

Failure to Request a Hearing.  If the parent(s) or guardian(s) do not request a hearing within two school days of receiving oral or written notice, the proposed extension of the exclusion shall automatically go into effect.

Appointment and Qualifications of a Hearing Examiner.  If the parent(s) or guardian(s) request a hearing, the superintendent shall appoint a hearing examiner upon receiving a request for a hearing.  The hearing examiner may be any person who did not bring charges against the student, is not to be a witness at the hearing, and has no involvement in the charge.

Hearing Examiner’s Notice to Parent(s) or Guardian(s).  The hearing examiner shall promptly give written notice of the time, date and place of the hearing.  The hearing will be held within five school days after the school district receives the initial oral or written request; provided, the hearing may be held more than five school days after receipt of the request upon a showing of good cause.  No hearing will be held on less than two (2) school days’ notice unless otherwise agreed to by the student's parent(s) or guardian(s) and school officials.

Continued Exclusion.  If a hearing is requested, the principal may determine in his or her sole discretion that the student shall remain excluded from school until the hearing officer makes a recommendation to the superintendent.

Examination of Student’s Records and Affidavits.  Prior to the hearing, the student and his/her parent(s) or guardian(s) shall have the right to examine and have school officials explain the student's records and any affidavits that will be used by school officials at the hearing.

Attendance at Hearing.  The hearing may be attended by the hearing examiner, the principal (or designee), the student, and the student's parents or guardian(s).  The student may be represented at this hearing by a representative of the family’s choice.

Student’s Witness(es).  The student and his/her parent(s) or guardian(s) may ask any person with knowledge of the events leading up to the sanction or with general knowledge of the student's character to testify on behalf of the student.  If school personnel or other students are requested to testify by the student’s parent(s) or guardian(s), the hearing officer shall endeavor to help obtain the presence of such witnesses at the hearing.

Right to Know Issues and Nature of Testimony.  The student and his/her parent(s) or guardian(s) have the right to request in advance of the hearing the issues which the administration will propose in support of the extension, and the general nature of the testimony of any administrative or expert witnesses.

Presence of Student and Witnesses at the Hearing.  The student and witnesses may be excluded at the discretion of the hearing examiner in accordance with state statutes.  The student may speak in his/her own defense and may be questioned on such testimony, but may choose not to testify.

Sworn or Affirmed TestimonyThe principal or his or her designee shall present evidence supporting the recommended extension of the exclusion.  Witnesses will give testimony under oath of affirmation, and may be questioned.

Hearing Examiner’s Report and RecommendationsThe hearing examiner shall prepare a report of his or her findings and recommendations, and forward the report to the superintendent.

Superintendent’s Decision.  The superintendent will review the hearing examiner's report and determine whether to extend the exclusion.  He or she shall have the decision delivered or sent by registered or certified mail to the student, student's parent(s), or guardian(s).  If the superintendent decides to extend the exclusion, the extension will take effect immediately.

Adopted on: April 13, 2015

Revised on: _________________________

Reviewed on: ________________________