A student may be suspended or expelled, for reasons set forth in Kansas law, by the following certified personnel: superintendent, principal, assistant principal. By regulation, the board may authorize any certificated employee or committee of certificated employees to suspend or expel any student. Any student who is suspended or expelled shall receive a copy of the current suspension and expulsion law and this policy. Expulsion hearings shall be conducted by the superintendent/designee or other certificated employee or committee of certificated employees of the school in which the student is enrolled or a hearing officer appointed by the board. Expulsion hearings for weapons possession shall be conducted by the superintendent/designee. (See "Weapons," JCDBB)
(See IHEA, JBD, JCDBB)
Handicapped students identified under Section 504 of the Rehabilitation Act of 1973 or special education students with an IEP may be subject to other regulations when long-term suspension or expulsion is considered.
Approved: December 8, 2003
Reasons for Suspension or Expulsion
Students may be suspended or expelled for one or more of the following reasons:
- Willful violation of any published, adopted student conduct regulation;
- Conduct which substantially disrupts, impedes, or interferes with school operation;
- Conduct which endangers the safety or substantially impinges on or invades the rights of others;
- Conduct which constitutes the commission of a felony;
- Conduct which constitutes the commission of a misdemeanor;
- Disobedience of an order of a teacher, peace officer, security officer or other school authority if the disobedience results in disorder, disruption or interference with school operation; and
- Possession of a weapon at school, on school property or at a school sponsored event.
Except in an emergency, a short-term suspension (not exceeding ten school days) must be preceded by oral or written notice of the charges to the student and an informal hearing. If a hearing is not held prior to the suspension, an informal hearing shall be provided no later than 72 hours after imposition of a short-term suspension.
Written notice of any short-term suspension shall be delivered to the student's parent or guardian within 24 hours after the suspension has been imposed. Short-term suspension hearings may be conducted by any person designated in policy as having the authority to suspend.
At the informal suspension hearing, the student shall have the right to be present and notified of:
- the charges;
- the basis for the accusation; and
- the right to make statements in his/her defense.
Long-Term Suspension or Expulsion
Before a student is subject to long-term suspension (not to exceed 90 school days) or expulsion (not to exceed 186 school days), a formal hearing shall be conducted by a hearing officer who has authority to suspend or expel. If a suspension or expulsion is for a term exceeding the number of school days remaining in the school year, any remaining portion of the term of the suspension or expulsion may be applied to the succeeding school year. The superintendent/principal shall designate a hearing officer authorized by the board.
Formal hearings shall be conducted according to procedures outlined in current Kansas law. The student and parents or guardians shall be given written notice of the time, date and place of the hearing.
- The notice shall include copies of the suspension/expulsion law, and appropriate board policies, regulations and handbooks.
- The hearing may be conducted by either a certified employee or committee of certified employees authorized by the board, the chief administrative officer, or other certified employee of the district in which employee is enrolled, or by an officer appointed by the board.
- Expulsion hearings for weapons violations shall be conducted in compliance with Kansas law by persons appointed by the board.
- Findings required by law shall be prepared by the person or committee conducting the hearing
- A record of the hearing shall be available to students and parents or guardians according to Kansas law.
- Written notice of the result of the hearing shall be given to the pupil and to parents and guardians within 24 hours after determination of such result.
Rules Which Apply in all Cases When a Student May be Suspended or Expelled
- Refusal or failure of the student and/or the student's parents to attend the hearing shall result in a waiver of the student's opportunity for the hearing.
- A student suspended for more than 10 school days or expelled from school shall be provided with information concerning services or programs offered by public and private agencies which provide services to improve the student's attitude and behavior.
- A student who has been suspended or expelled shall be notified of the day the student can return to school.
- If the suspension or expulsion is not related to a weapons violation, the principal may establish appropriate requirements relating to the student's future behavior at school and may place the student on probation. (See JDC)
- If the expulsion is related to a weapons violation the superintendent may establish appropriate requirements relating to the student's future behavior at school and may place the student on probation. (See EBC, JCDBB, and JDC)
- The days a student is suspended or expelled are not subject to the compulsory attendance law.
- During the time a student is suspended or expelled from school, the student may not:
- Be on school property or in any school building without the permission of the principal.
- Attend any school activity as a spectator, participant or observer.
Students who are suspended for more than 10 days or expelled from school may appeal to the board within 10 calendar days of receiving written notice of the hearing results.
When a suspension is imposed during the school day, the student shall not be removed from school until a parent has been notified. If a parent cannot be notified during regular school hours, the student shall remain at school until the regular dismissal time.
Student Rights During a Long-Term Suspension/Expulsion Hearing
The student shall have the right:
- to counsel of his/her own choice;
- to have a parent or guardian present;
- to hear or read a full report of testimony of witnesses;
- to confront and cross-examine witnesses who appear in person at the hearing;
- to present his or her own witnesses;
- to testify in his or her own behalf and to give reasons for his or her conduct;
- to an orderly hearing; and
- to a fair and impartial decision based on substantial evidence.
Appeal to the Board
The following conditions shall apply if a student or the student's parent or guardian files a written appeal of a suspension or expulsion:
- Written notice of the appeal shall be filed with the clerk within 10 calendar days of the hearing.
- The board shall schedule an appeal with the board or a hearing officer appointed by the board within 20 calendar days.
- The student and the student's parent shall be notified in writing of the time and place of the appeal at least 5 calendar days before the hearing.
- The hearing shall be conducted as a formal hearing using the same rules noted earlier for expulsion hearings.
- The board shall provide a certified court reporter to transcribe the hearing.
- The board shall render a final decision within 5 calendar days after the conclusion of the appeal hearing.
Approved: January 18, 2000
Updated: December 8, 2003
Report to Staff of Expulsion or Conviction Sample Form
Report to Staff Member USD 458
Pursuant to K.S.A. 72-6143, administrative, professional or paraprofessional employees of a school who have information that a pupil has engaged in the following shall report the information and the identity of the student to the superintendent. The superintendent shall investigate the matter, and, if it is determined the student has been involved in the following, the superintendent shall provide information and the identity of the pupil to all employees who are involved, or likely to be directly involved, in teaching or providing related services to pupil:
- Any student who has been expelled for conduct which endangers the safety of others;
- Any student who has been expelled for commission of felony type offenses;
- Any student who has been expelled for possession of a weapon;
- Any student who has been adjudged to be a juvenile offender and whose offense, if committed by an adult, would constitute a felony, except a felony theft offense involving no direct threat to human life;
- Any student who has been tried and convicted as an adult of any felony, except theft involving no direct threat to human life.
You are notified that __________________, within the past 365 days, has been expelled, adjudged or convicted for an activity listed above.
School District staff are required by both Federal Law and K.S.A. 72-6311 to protect the right of privacy of any student under the age of 18 and the student's family regarding personally identifiable records, files, data, and information directly related to the student and his/her family. I acknowledge this responsibility and agree that I will disclose the above information only to other USD 458 employees and officials. Violation of these privacy rights could include sanctions up to and including termination.
School employee who receives the report
Administrator or school employee making report
Form updated: NOVEMBER 12, 2018