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NEW TEMPORARY COVID-RELATED POLICY
All temporary revisions appear in bold/ italics/underline or strikethrough text.
5000.2T
SERIES 5000 C-19: COMMUNITY/BOARD OPERATIONS
This policy supersedes existing policy 5144 Student Discipline.
This policy will be reevaluated by the Board of Education post-pandemic.
STUDENT DISCIPLINE
I. Definitions
A. Dangerous Instrument means any instrument, article or substance which, under
the circumstances in which it is used or attempted or threatened to be used, is
capable of causing death or serious physical injury, and includes a "vehicle" or a
dog that has been commanded to attack.
B. Deadly Weapon means any weapon, whether loaded or unloaded, from which a
shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack,
bludgeon or metal knuckles. A weapon such as a pellet gun and/or air soft pistol
may constitute a deadly weapon if such weapon is designed for violence and is
capable of inflicting death or serious bodily harm. In making such determination,
the following factors should be considered: design of weapon; how weapon is
typically used (e.g. hunting); type of projectile; force and velocity of discharge;
method of discharge (i.e. spring v. CO2 cartridge) and potential for serious bodily
harm or death.
C. Electronic Defense Weapon means a weapon which by electronic impulse or
current is capable of immobilizing a person temporarily, but is not capable of
inflicting death or serious physical injury, including a stun gun or other
conductive energy device.
D. Emergency means a situation in which the continued presence of the student in
school poses such a danger to persons or property or such a disruption of the
educational process that a hearing may be delayed until a time as soon after the
exclusion of such student as possible.
E. Exclusion means any denial of public school privileges to a student for
disciplinary purposes.
F. Expulsion means the exclusion of a student from school privileges for more than
ten (10) consecutive school days and shall be deemed to include, but not be
limited to, exclusion from the school to which such pupil was assigned at the
STUDENT DISCIPLINE POLICY Page 1 of 30
time such disciplinary action was taken. The expulsion period may not extend
beyond one (1) calendar year.
G. Firearm, as defined in 18 U.S.C § 921, means (a) any weapon (including a starter
gun) that will, is designed to, or may be readily converted to expel a projectile by
the action of an explosive, (b) the frame or receiver of any such weapon, (c) a
firearm muffler or silencer, or (d) any destructive device. The term firearm does
not include an antique firearm. As used in this definition, a "destructive device"
includes any explosive, incendiary, or poisonous gas device, including a bomb, a
grenade, a rocket having a propellant charge of more than four ounces, a missile
having an explosive or incendiary charge of more than one-quarter ounce, a
mine, or any other similar device; or any weapon (other than a shotgun or
shotgun shell particularly suited for sporting purposes) that will, or may be
readily converted to, expel a projectile by explosive or other propellant, and
which has a barrel with a bore of more than ½" in diameter. The term
"destructive device" also includes any combination of parts either designed or
intended for use in converting any device into any destructive device or any
device from which a destructive device may be readily assembled. A
“destructive device” does not include: an antique firearm; a rifle intended to be
used by the owner solely for sporting, recreational, or cultural purposes; or any
device which is neither designed nor redesigned for use as a weapon.
H. In-School Suspension means an exclusion from regular classroom activity for no
more than ten (10) consecutive school days, but not exclusion from school,
provided such exclusion shall not extend beyond the end of the school year in
which such in-school suspension was imposed. No student shall be placed on
in-school suspension more than fifteen (15) times or a total of fifty (50) days in
one (1) school year, whichever results in fewer days of exclusion.
I. Martial Arts Weapon means a nunchaku, kama, kasari-fundo, octagon sai, tonfa
or chinese star.
J. Removal is the exclusion of a student from a classroom for all or part of a single
class period, provided such exclusion shall not extend beyond ninety (90)
minutes.
K. School Days shall mean days when school is in session for students.
L. School-Sponsored Activity means any activity sponsored, recognized or
authorized by the Board and includes activities conducted on or off school
property.
M. Seriously Disruptive of the Educational Process, as applied to off-campus
conduct, means any conduct that markedly interrupts or severely impedes the
day-to-day operation of a school.
N. Suspension means the exclusion of a student from school and/or transportation
services for not more than ten (10) consecutive school days, provided such
STUDENT DISCIPLINE POLICY Page 2 of 30
suspension shall not extend beyond the end of the school year in which such
suspension is imposed; and further provided no student shall be suspended
more than ten (10) times or a total of fifty (50) days in one school year,
whichever results in fewer days of exclusion, unless such student is granted a
formal hearing as provided below.
O. Weapon means any BB gun, any blackjack, any metal or brass knuckles, any
police baton or nightstick, any dirk knife or switch knife, any knife having an
automatic spring release devise by which a blade is released from the handle,
having a blade of over one and one-half inches in length, any stiletto, any knife
the edged portion of the blade of which is four inches and over in length, any
martial arts weapon or electronic defense weapon, or any other dangerous or
deadly weapon or instrument, unless permitted by law under Section 29-38 of
the Connecticut General Statutes.
P. Notwithstanding the foregoing definitions, the reassignment of a student from
one regular education classroom program in the district to another regular
education classroom program in the district shall not constitute a suspension or
expulsion.
Q. For purposes of this policy, references to “school” and “classroom” shall include
physical educational environments, as well as virtual educational
environments, whether synchronous or asynchronous, which occur on
Internet-based platforms that allow students to engage in remote learning.
II. Scope of the Student Discipline Policy
A. Conduct on School Grounds or at a School-Sponsored Activity:
The Board of Education may expel any student in grades 3-12 whose
conduct on school grounds or at a school-sponsored activity endangers
persons or property, violates a publicized policy of the Board and is
seriously disruptive of the educational process.
B. Conduct off School Grounds:
1. Students may be disciplined for conduct off school grounds if such
conduct is seriously disruptive of the educational process and violative
of a publicized policy of the Board. In making a determination as to
whether such conduct is seriously disruptive of the educational process,
the Administration and the Board of Education may consider, but such
consideration shall not be limited to, the following factors: (1) whether
the incident occurred within close proximity of a school; (2) whether
other students from the school were involved or whether there was any
gang involvement; (3) whether the conduct involved violence, threats
of violence, or the unlawful use of a weapon, as defined in Section Conn.
STUDENT DISCIPLINE POLICY Page 3 of 30
Gen. Stat. § 29-38, and whether any injuries occurred; and (4) whether
the conduct involved the use of alcohol.
In making a determination as to whether such conduct is seriously
disruptive of the educational process, the Administration and/or the
Board of Education may also consider whether such off-campus conduct
involved the illegal use of drugs.
III. Actions Leading to Disciplinary Action, including Removal from Class, Suspension and/or
Expulsion
Conduct which may lead to disciplinary action (including, but not limited to, removal
from class, suspension and/or expulsion in accordance with this policy) includes
conduct on school grounds or at a school-sponsored activity (including on a school
bus), and conduct off school grounds, as set forth above. Such conduct includes, but is
not limited to, the following:
1. Striking or assaulting a student, members of the school staff or other
persons.
2. Theft.
3. The use of obscene or profane language or gestures, the possession
and/or display of obscenity or pornographic images or the unauthorized
or inappropriate possession and/or display of images, pictures or
photographs depicting nudity.
4. Violation of smoking, dress, transportation regulations, or other
regulations and/or policies governing student conduct.
5. Refusal to obey a member of the school staff, law enforcement
authorities, or school volunteers, or disruptive classroom behavior.
6. Any act of harassment based on an individual's sex, sexual orientation,
race, color, religion, disability, national origin, ancestry, gender identity
or expression or any other characteristic protected by law.
7. Refusal by a student to identify himself/herself to a staff member when
asked, misidentification of oneself to such person(s), lying to school
officials or otherwise engaging in dishonest behavior.
8. Inappropriate displays of public affection of a sexual nature and/or sexual
activity on school grounds or at a school-sponsored activity.
9. A walk-out from or sit-in within a classroom or school building or school
grounds.
STUDENT DISCIPLINE POLICY Page 4 of 30
10. Blackmailing, threatening or intimidating school staff or students (or
acting in a manner that could be construed to constitute blackmail, a
threat, or intimidation, regardless of whether intended as a joke).
11. Possession of any weapon, weapon facsimile, deadly weapon, martial
arts weapon, electronic defense weapon, pistol, knife, blackjack,
bludgeon, box cutter, metal knuckles, pellet gun, air pistol, explosive
device, firearm, whether loaded or unloaded, whether functional or not,
or any other dangerous object or instrument. The possession and/or use
of any object or device that has been converted or modified for use as a
weapon.
12. Possession of any ammunition for any weapon described above in
paragraph 11.
13. Unauthorized entrance into any school facility or portion of a school
facility or aiding or abetting an unauthorized entrance.
14. Possession or ignition of any fireworks, combustible or other explosive
materials, or ignition of any material causing a fire. Possession of any
materials designed to be used in the ignition of combustible materials,
including matches and lighters.
15. Unlawful possession, sale, distribution, use, or consumption of tobacco,
electronic nicotine delivery systems (e.g. e-cigarettes), vapor products,
drugs, narcotics or alcoholic beverages (or any facsimile of tobacco,
drugs, narcotics or alcoholic beverages, or any item represented to be
tobacco, drugs or alcoholic beverages), including being under the
influence of any such substances or aiding in the procurement of any
such substances. For the purposes of this Paragraph 15, the term
“electronic nicotine delivery system” shall mean an electronic device that
may be used to simulate smoking in the delivery of nicotine or other
substance to a person inhaling from the device and includes, but is not
limited to, an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe or electronic hookah and any related device and any
cartridge or other component of such device. For the purposes of
Paragraph 15, the term “vapor product” shall mean any product that
employs a heating element, power source, electronic circuit or other
electronic, chemical or mechanical means, regardless of shape or size, to
produce a vapor that may or may not include nicotine, that is inhaled by
the user of such product. For the purposes of this Paragraph 15, the term
"drugs" shall include, but shall not be limited to, any medicinal
preparation (prescription and non-prescription) and any controlled
substance whose possession, sale, distribution, use or consumption is
illegal under state and/or federal law.
16. Sale, distribution, or consumption of substances contained in household
items; including, but not limited to glue, paint, accelerants/propellants
STUDENT DISCIPLINE POLICY Page 5 of 30
for aerosol canisters, and/or items such as the aerators for whipped
cream; if sold, distributed or consumed for the purpose of inducing a
stimulant, depressant, hallucinogenic or mind-altering effect.
17. Unlawful possession of paraphernalia used or designed to be used in the
consumption, sale or distribution of drugs, alcohol or tobacco, as
described in subparagraph (15) above. For purposes of this policy, drug
paraphernalia includes any equipment, products and materials of any
kind which are used, intended for use or designed for use in growing,
harvesting, manufacturing, producing, preparing, packaging, storing,
containing or concealing, or injecting, ingesting, inhaling or otherwise
introducing controlled drugs or controlled substances into the human
body, including but not limited to items such as "bongs," pipes, "roach
clips," vials, tobacco rolling papers, and any object or container used,
intended or designed for use in storing, concealing, possessing,
distributing or selling controlled drugs or controlled substances.
18. The destruction of real, personal or school property, such as, cutting,
defacing or otherwise damaging property in any way.
19. Accumulation of offenses such as school and class tardiness, class or
study hall cutting, or failure to attend detention.
20. Trespassing on school grounds while on out-of-school suspension or
expulsion.
21. Making false bomb threats or other threats to the safety of students,
staff members, and/or other persons.
22. Defiance of school rules and the valid authority of teachers, supervisors,
administrators, other staff members and/or law enforcement authorities.
23. Throwing snowballs, rocks, sticks and/or similar objects, except as
specifically authorized by school staff.
24. Unauthorized and/or reckless and/or improper operation of a motor
vehicle on school grounds or at any school-sponsored activity.
25. Leaving school grounds, school transportation or a school-sponsored
activity without authorization.
26. Use of or copying of the academic work of another individual and
presenting it as the student's own work, without proper attribution; or
any other form of academic dishonesty, cheating or plagiarism.
27. Possession and/or use of a cellular telephone, radio, portable audio
player, CD player, blackberry, personal data assistant, walkie talkie,
Smartphone, mobile or handheld device, or similar electronic device, on
STUDENT DISCIPLINE POLICY Page 6 of 30
school grounds or at a school-sponsored activity in violation of Board
policy and/or administrative regulations regulating the use of such
devices.
28. Possession and/or use of a beeper or paging device on school grounds or
at a school-sponsored activity without the written permission of the
principal or his/her designee.
29. Unauthorized use of or tampering with any school computer, computer
system, computer software, Internet connection or similar school
property or system, or the use of such property or system for
inappropriate purposes.
30. Possession and/or use of a laser pointer, unless the student possesses the
laser pointer temporarily for an educational purpose while under the
direct supervision of a responsible adult.
31. Hazing.
32. Bullying, defined as the repeated use by one or more students of a
written, oral or electronic communication, such as cyberbullying, directed
at another student attending school in the same district, or a physical act
or gesture by one or more students repeatedly directed at another
student attending school in the same school district, which:
a. causes physical or emotional harm to such student or damage to
such student’s property;
b. places such student in reasonable fear of harm to himself or
herself, or of damage to his or her property;
c. creates a hostile environment at school for such student;
d. infringes on the rights of such student at school; or
e. substantially disrupts the education process or the orderly
operation of a school.
Bullying includes, but is not limited to, repeated written, oral or electronic
communications or physical acts or gestures based on any actual or perceived
differentiating characteristics, such as race, color, religion, ancestry, national
origin, gender, sexual orientation, gender identity or expression, socioeconomic
status, academic status, physical appearance, or mental, physical, developmental
or sensory disability, or by association with an individual or group who has or is
perceived to have one or more of such characteristics.
33. Cyberbullying, defined as any act of bullying through the use of the
Internet, interactive and digital technologies, cellular mobile telephone or
other mobile electronic devices or any electronic communications.
STUDENT DISCIPLINE POLICY Page 7 of 30
34. Acting in any manner that creates a health and/or safety hazard for staff
members, students, or the public, regardless of whether the conduct is
intended as a joke. Acting in any manner that creates a health and/or
safety hazard for staff members, students, or the public, regardless of
whether the conduct is intended as a joke, including but not limited to
violating school or district health and safety protocols developed in
connection with the COVID-19 pandemic, such as, but not limited to,
physical distancing and mask-wearing requirements.
35. Engaging in a plan to stage or create a violent situation for the purposes
of recording it by electronic means; or recording by electronic means acts
of violence for purposes of later publication.
36. Engaging in a plan to stage sexual activity for the purposes of recording it
by electronic means; or recording by electronic means sexual acts for
purposes of later publication.
37. Using computer systems, including email, instant messaging, text
messaging, blogging or the use of social networking websites, or other
forms of electronic communications, to engage in any conduct prohibited
by this policy. Using computer systems, including email, distance
learning platforms, instant messaging, text messaging, blogging, or the
use of social networking websites, or other forms of electronic
communications, to engage in any conduct prohibited by this policy.
38. Use of a privately owned electronic or technological device in violation of
school rules, including the unauthorized recording (photographic or
audio) of another individual without permission of the individual or a
school staff member.
39. Engaging in teen dating violence, defined as any act of physical,
emotional or sexual abuse, including stalking, harassing and threatening,
that occurs between two students who are currently in or who have
recently been in a dating relationship
40. Any action prohibited by any Federal or State law.
41. Any other violation of school rules or regulations or a series of violations
which makes the presence of the student in school seriously disruptive of
the educational process and/or a danger to persons or property.
IV. Discretionary and Mandatory Expulsions
STUDENT DISCIPLINE POLICY Page 8 of 30
A. A principal may consider recommendation of expulsion of a student in grades
three to twelve, inclusive, in a case where he/she has reason to believe the
student has engaged in conduct described at Sections II.A. or II.B., above.
B. A principal must recommend expulsion proceedings in all cases against any
student in grades kindergarten to twelve, inclusive, whom the Administration
has reason to believe:
1. was in possession on school grounds or at a school-sponsored activity of
a deadly weapon, dangerous instrument, martial arts weapon, or
firearm as defined in 18 U.S.C. § 921 as amended from time to time; or
2. off school grounds, possessed a firearm as defined in 18 U.S.C. § 921, in
violation of Conn. Gen. Stat. § 29-35, or possessed and used a firearm as
defined in 18 U.S.C. § 921, a deadly weapon, a dangerous instrument or
a martial arts weapon in the commission of a crime under chapter 952
of the Connecticut General Statutes; or
3. was engaged on or off school grounds in offering for sale or distribution
a controlled substance (as defined in Conn. Gen. Stat. § 21a-240(9)),
whose manufacturing, distribution, sale, prescription, dispensing,
transporting, or possessing with intent to sell or dispense, offering or
administering is subject to criminal penalties under Conn. Gen. Stat.
§§21a-277 and 21a-278.
The terms “dangerous instrument,” “deadly weapon,” electronic
defense weapon,” “firearm,” and “martial arts weapon,” are defined
above in Section I.
C. In any preschool program provided by the Board of Education or provided by a
regional educational service center or a state or local charter school pursuant to
an agreement with the Board of Education, no student enrolled in such a
preschool program shall be expelled from such preschool program, except an
expulsion hearing shall be conducted by the Board of Education in accordance
with Section VIII of this policy whenever the Administration has reason to believe
that that a student enrolled in such preschool program was in possession of a
firearm as defined in 18 U.S.C. § 921, as amended from time to time, on or off
school grounds or at a preschool program-sponsored event. The term “firearm”
is defined above in Section I.
D. Upon receipt of an expulsion recommendation, the Superintendent may conduct
an inquiry concerning the expulsion recommendation.
If the Superintendent or his/her designee determines that a student should or
must be expelled, he or she shall forward his/her recommendation to the Board
of Education so that the Board can consider and act upon this recommendation.
E. In keeping with Conn. Gen. Stat. § 10-233d and the Gun-Free Schools Act, it shall
be the policy of the Board to expel a student in grades kindergarten to twelve,
STUDENT DISCIPLINE POLICY Page 9 of 30
inclusive, for one (1) full calendar year for the conduct described in Section
IV.B(1), (2) and (3) of this policy and to expel a student enrolled in a preschool
program for one (1) calendar year for the conduct described in Section IV.C. For
any mandatory expulsion offense, the Board may modify the term of expulsion
on a case-by-case basis.
V. Procedures Governing Removal from Class
A. A student may be removed from class by a teacher or administrator if he/she
deliberately causes a serious disruption of the educational process. When a
student is removed, the teacher must send him/her to a designated area and
notify the principal or his/her designee at once.
B. A student may not be removed from class more than six (6) times in one school
year nor more than twice in one week unless the student is referred to the
building principal or designee and granted an informal hearing at which the
student should be informed of the reasons for the disciplinary action and given
an opportunity to explain the situation.
C. The parents or guardian of any minor student removed from class shall be given
notice of such disciplinary action within twenty-four (24) hours of the time of the
institution of such removal from class.
VI. Procedures Governing Suspension
A. The principal of a school, or designee on the administrative staff of the school,
shall have the right to suspend a student for breach of conduct as noted in
Section II of this policy for not more than ten (10) consecutive school days. In
cases where suspension is contemplated, the following procedures shall be
followed.
1. Unless an emergency situation exists, no student shall be suspended
prior to having an informal hearing before the principal or designee at
which the student is informed of the charges and given an opportunity to
respond. In the event of an emergency, the informal hearing shall be
held as soon after the suspension as possible.
2. If suspended, such suspension shall be an in-school suspension, except
the principal or designee may impose an out-of-school suspension on any
pupil:
a. in grades three to twelve, inclusive, if, during the informal hearing, (i)
the principal or designee determines that the student poses such a
danger to persons or property or such a disruption of the educational
process that he or should be excluded from school during the period
of suspension; or (ii) the principal or designee determines that an
out-of-school suspension is appropriate based on evidence of (A) the
student’s previous disciplinary problems that have led to suspensions
STUDENT DISCIPLINE POLICY Page 10 of 30
or expulsion of such student, and (B) previous efforts by the
Administration to address the student’s disciplinary problems through
means other than out-of-school suspension or expulsion, including
positive behavioral support strategies, or
b. in grades preschool to two, inclusive, if the principal or designee
determines that an out-of-school suspension is appropriate for such
pupil based on evidence that such pupil’s conduct on school grounds
is of a violent or sexual nature that endangers persons.
3. Evidence of past disciplinary problems that have led to removal from a
classroom, suspension, or expulsion of a student who is the subject of an
informal hearing may be received by the principal or designee, but only
considered in the determination of the length of suspensions.
4. By telephone, the principal or designee shall make reasonable attempts
to immediately notify the parent or guardian of a minor student following
the suspension and to state the cause(s) leading to the suspension.
5. Whether or not telephone contact is made with the parent or guardian of
such minor student, the principal or designee shall forward a letter
promptly to such parent or guardian to the last address reported on
school records (or to a newer address if known by the principal or
designee), offering the parent or guardian an opportunity for a
conference to discuss same.
6. In all cases, the parent or guardian of any minor student who has been
suspended shall be given notice of such suspension within twenty-four
(24) hours of the time of the institution of the suspension.
7. Not later than twenty-four (24) hours after the commencement of the
suspension, the principal or designee shall also notify the Superintendent
or his/her designee of the name of the student being suspended and the
reason for the suspension.
8. The student shall be allowed to complete any classwork, including
examinations, without penalty, which he or she missed while under
suspension.
9. The school Administration may, in its discretion, shorten or waive the
suspension period for a student who has not previously been suspended
or expelled, if the student completes an Administration-specified
program and meets any other conditions required by the Administration.
Such Administration-specified program shall not require the student
and/or the student’s parents to pay for participation in the program.
10. Notice of the suspension shall be recorded in the student's cumulative
educational record. Such notice shall be expunged from the cumulative
STUDENT DISCIPLINE POLICY Page 11 of 30
educational record if the student graduates from high school. In cases
where the student’s period of suspension is shortened or waived in
accordance with Section VI.A(9), above, the Administration may choose
to expunge the suspension notice from the cumulative record at the time
the student completes the Administration-specified program and meets
any other conditions required by the Administration.
11. If the student has not previously been suspended or expelled, and the
Administration chooses to expunge the suspension notice from the
student’s cumulative record prior to graduation, the Administration may
refer to the existence of the expunged disciplinary notice,
notwithstanding the fact that such notice may have been expunged from
the student’s cumulative file, for the limited purpose of determining
whether any subsequent suspensions or expulsions by the student would
constitute the student’s first such offense.
12. The decision of the principal or designee with regard to disciplinary
actions up to and including suspensions shall be final.
13. During any period of suspension served out of school, the student shall
not be permitted to be on school property and shall not be permitted to
attend or participate in any school-sponsored activities, unless the
principal specifically authorizes the student to enter school property for a
specified purpose or to participate in a particular school-sponsored
activity.
B. In cases where a student’s suspension will result in the student being suspended
more than ten (10) times or for a total of fifty (50) days in a school year,
whichever results in fewer days of exclusion, the student shall, prior to the
pending suspension, be granted a formal hearing before the Board of Education.
The principal or designee shall report the student to the Superintendent or
designee and request a formal Board hearing. If an emergency situation exists,
such hearing shall be held as soon after the suspension as possible.
VII. Procedures Governing In-School Suspension
A. The principal or designee may impose in-school suspension in cases where a
student's conduct endangers persons or property, violates school policy,
seriously disrupts the educational process or in other appropriate circumstances
as determined by the principal or designee.
B. In-school suspension may not be imposed on a student without an informal
hearing by the building principal or designee.
C. In-school suspension may be served in the school that the student regularly
attends or in any other school building within the jurisdiction of the Board.
STUDENT DISCIPLINE POLICY Page 12 of 30
D. No student shall be placed on in-school suspension more than fifteen (15) times
or for a total of fifty (50) days in one school year, whichever results in fewer days
of exclusion.
E. The parents or guardian of any minor student placed on in-school suspension
shall be given notice of such suspension within twenty-four (24) hours of the
time of the institution of the period of the in-school suspension.
VIII. Procedures Governing Expulsion Hearing
A. Emergency Exception:
Except in an emergency situation, the Board of Education shall, prior to expelling
any student, conduct a hearing to be governed by the procedures outlined
herein and consistent with the requirements of Conn. Gen. Stat. § 10-233d or
Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of
the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to
4-180a, and § 4-181a. Whenever an emergency exists, the hearing provided for
herein shall be held as soon as possible after the expulsion.
B. Hearing Panel:
1. Expulsion hearings conducted by the Board will be heard by any three or
more Board members. A decision to expel a student must be supported
by a majority of the Board members present, provided that no less than
three (3) affirmative votes to expel are cast.
2. Alternatively, the Board may appoint an impartial hearing board
composed of one (1) or more persons to hear and decide the expulsion
matter, provided that no member of the Board may serve on such panel.
C. Hearing Notice and Rights of the Student and Parent(s)/Guardian(s):
1. Written notice of the expulsion hearing must be given to the student,
and, if the student is a minor, to his/her parent(s) or guardian(s) at least
five (5) business days before such hearing.
2. A copy of this Board policy on student discipline shall also be given to the
student, and if the student is a minor, to his/her parent(s) or guardian(s),
at the time the notice is sent that an expulsion hearing will be convened.
3. The written notice of the expulsion hearing shall inform the student of
the following:
a. The date, time, place and nature of the hearing. a. The date, time,
place and nature of the hearing, including if the hearing will be
held virtually, via video conference.
STUDENT DISCIPLINE POLICY Page 13 of 30
b. The legal authority and jurisdiction under which the hearing is to
be held, including a reference to the particular sections of the
legal statutes involved.
c. A short, plain description of the conduct alleged by the
Administration.
d. The student may present as evidence relevant testimony and
documents concerning the conduct alleged and the appropriate
length and conditions of expulsion; and that the expulsion hearing
may be the student’s sole opportunity to present such evidence.
e. The student may cross-examine witnesses called by the
Administration.
f. The student may be represented by an attorney or other advocate
of his/her choice at his/her expense or at the expense of his/her
parent(s) or guardian(s).
g. A student is entitled to the services of a translator or interpreter,
to be provided by the Board of Education, whenever the student
or his/her parent(s) or guardian(s) requires the services of an
interpreter because he/she/they do(es) not speak the English
language or is(are) disabled.
h. The conditions under which the Board is not legally required to
give the student an alternative educational opportunity (if
applicable).
i. Information concerning the parent’s(s’) or guardian’s(s’) and the
student’s legal rights and concerning about free or reduced-rate
legal services and how to access such services.
j. The parent(s) or guardian(s) of the student have the right to have
the expulsion hearing postponed for up to one week to allow time
to obtain representation, except that if an emergency exists, such
hearing shall be held as soon after the expulsion as possible.
D. Hearing Procedures:
1. The hearing will be conducted by the Presiding Officer, who will call the
meeting to order, introduce the parties, Board members and counsel,
briefly explain the hearing procedures, and swear in any witnesses called
by the Administration or the student.
2. The hearing will be conducted in executive session. A verbatim record of
the hearing will be made, either by tape recording or by a stenographer.
A record of the hearing will be maintained, including the verbatim record,
STUDENT DISCIPLINE POLICY Page 14 of 30
all written notices and documents relating to the case and all evidence
received or considered at hearing.
3. The Administration shall bear the burden of production to come forward
with evidence to support its case and shall bear the burden of
persuasion. The standard of proof shall be a preponderance of the
evidence.
4. Formal rules of evidence will not be followed. The Board has the right to
accept hearsay and other evidence if it deems that evidence relevant or
material to its determination. The Presiding Officer will rule on testimony
or evidence as to it being immaterial or irrelevant.
5. The hearing will be conducted in two (2) parts. In the first part of the
hearing, the Board will receive and consider evidence regarding the
conduct alleged by the Administration.
6. In the first part of the hearing, the charges will be introduced into the
record by the Superintendent or his/her designee.
7. Each witness for the Administration will be called and sworn. After a
witness has finished testifying, he/she will be subject to
cross-examination by the opposite party or his/her legal counsel, by the
Presiding Officer and by Board members.
8. The student shall not be compelled to testify at the hearing.
9. After the Administration has presented its case, the student will be asked
if he/she has any witnesses or evidence to present concerning the
charges. If so, the witnesses will be sworn, will testify, and will be subject
to cross examination and to questioning by the Presiding Officer and/or
by the Board. The student may also choose to make a statement at this
time. If the student chooses to make a statement, he or she will be
sworn and subject to cross examination and questioning by the Presiding
Officer and/or by the Board. Concluding statements will be made by the
Administration and then by the student and/or his or her representative.
10. In cases where the student has denied the allegation, the Board must
determine whether the student committed the offense(s) as charged by
the Superintendent.
11. If the Board determines that the student has committed the conduct as
alleged, then the Board shall proceed with the second portion of the
hearing, during which the Board will receive and consider relevant
evidence regarding the length and conditions of expulsion.
12. When considering the length and conditions of expulsion, the Board may
review the student’s attendance, academic and past disciplinary records.
STUDENT DISCIPLINE POLICY Page 15 of 30
The Board may not review notices of prior expulsions or suspensions
which have been expunged from the student’s cumulative record, except
as so provided in Section VI.A (9), (10), (11), above, and Section X, below.
The Board may ask the Superintendent for a recommendation as to the
discipline to be imposed.
13. Evidence of past disciplinary problems which have led to removal from a
classroom, suspension or expulsion of a student being considered for
expulsion may be considered only during the second portion of the
hearing, during which the Board is considering length of expulsion and
nature of alternative educational opportunity to be offered.
14. Where administrators presented the case in support of the charges
against the student, such administrative staff shall not be present during
the deliberations of the Board either on questions of evidence or on the
final discipline to be imposed. The Superintendent may, after reviewing
the incident with administrators, and reviewing the student’s records,
make a recommendation to the Board as to the appropriate discipline to
be applied.
15. The Board shall make findings as to the truth of the charges, if the
student has denied them; and, in all cases, the disciplinary action, if any,
to be imposed. While the hearing itself is conducted in executive session,
the vote regarding expulsion must be made in open session and in a
manner that preserves the confidentiality of the student’s name and
other personally identifiable information.
16. Except for a student who has been expelled based on possession of a
firearm or deadly weapon as described in subsection IV.B(1) and (2)
above, the Board may, in its discretion, shorten or waive the expulsion
period for a student who has not previously been suspended or expelled,
if the student completes a Board-specified program and meets any other
conditions required by the Board. The Board-specified program shall not
require the student and/or the student’s parents to pay for participation
in the program.
17. The Board shall report its final decision in writing to the student, or if
such student is a minor, also to the parent(s) or guardian(s), stating the
reasons on which the decision is based, and the disciplinary action to be
imposed. Said decision shall be based solely on evidence presented at
the hearing. The parents or guardian or any minor student who has been
expelled shall be given notice of such disciplinary action within
twenty-four (24) hours of the time of the institution of the period of the
expulsion.
18. The hearing may be conducted virtually, via video conference, at the
direction of the Board, in the event school buildings are closed to
students or individuals are provided limited access to school buildings as
STUDENT DISCIPLINE POLICY Page 16 of 30
a result of the COVID-19 pandemic. Any virtual hearing must provide
the student the due process rights identified in this Subsection D.
E. Presence on School Grounds and Participation in School-Sponsored Activities
During Expulsion:
During the period of expulsion, the student shall not be permitted to be on
school property and shall not be permitted to attend or participate in any
school-sponsored activities, except for the student’s participation in any
alternative educational opportunity provided by the district in accordance with
this policy, unless the Superintendent specifically authorizes the student to enter
school property for a specified purpose or to participate in a particular
school-sponsored activity.
F. Stipulated Agreements:
In lieu of the procedures used in this Section, the Administration and the
parent(s) or legal guardian(s) of a student facing expulsion may choose to enter
into a Joint Stipulation of the Facts and a Joint Recommendation to the Board
concerning the length and conditions of expulsion. Such Joint Stipulation and
Recommendation shall include language indicating that the parent(s) or legal
guardian(s) understand their right to have an expulsion hearing held pursuant to
these procedures, and language indicating that the Board, in its discretion, has
the right to accept or reject the Joint Stipulation of Facts and Recommendation.
If the Board rejects either the Joint Stipulation of Facts or the Recommendation,
an expulsion hearing shall be held pursuant to the procedures outlined herein. If
the Student is eighteen years of age or older, the student shall have the
authority to enter into a Joint Stipulation and Recommendation on his or her
own behalf.
If the parties agree on the facts, but not on the disciplinary recommendation, the
Administration and the parents (or legal guardians) of a student facing expulsion
may also choose to enter into a Joint Stipulation of the Facts and submit only the
Stipulation of the Facts to the Board in lieu of holding the first part of the
hearing, as described above. Such Joint Stipulation shall include language
indicating that the parents understand their right to have a hearing to determine
whether the student engaged in the alleged misconduct and that the Board, in
its discretion, has the right to accept or reject the Joint Stipulation of Facts. If
the Board rejects the Joint Stipulation of Facts, a full expulsion hearing shall be
held pursuant to the procedures outlined herein.
IX. Alternative Educational Opportunities for Expelled Students
A. For the purposes of this Section, and subject to Subsection IX.E, below, any
STUDENT DISCIPLINE POLICY Page 17 of 30
alternative educational opportunity to which an expelled student is statutorily
entitled shall be (1) alternative education, as defined by Conn. Gen. Stat. §
10-74j, with an individualized learning plan, if the Board provides such
alternative education, or (2) in accordance with the standards adopted by the
State Board of Education.
B. Students under sixteen (16) years of age:
Whenever the Board of Education expels a student under sixteen (16) years of
age, it shall offer any such student an alternative educational opportunity.
C. Students sixteen (16) to eighteen (18) years of age:
1. The Board of Education shall provide an alternative educational
opportunity to a sixteen (16) to eighteen (18) year-old student expelled
for the first time if he/she requests it and if he/she agrees to the
conditions set by the Board of Education. Such alternative educational
opportunity may include, but shall not be limited to, the placement of a
pupil who is at least sixteen years of age in an adult education program.
Any pupil participating in an adult education program during a period of
expulsion shall not be required to withdraw from school as a condition to
his/her participation in the adult education program.
2. The Board of Education is not required to offer an alternative educational
opportunity to any student between the ages of sixteen (16) and
eighteen (18) who is expelled for a second, or subsequent time.
3. The Board of Education shall count the expulsion of a pupil when he/she
was under sixteen (16) years of age for purposes of determining whether
an alternative educational opportunity is required for such pupil when
he/she is between the ages of sixteen and eighteen.
D. Students eighteen (18) years of age or older:
The Board of Education is not required to offer an alternative educational
opportunity to expelled students eighteen (18) years of age or older.
E. Students identified as eligible for services under the Individuals with Disabilities
Education Act (“IDEA”):
Notwithstanding Sections IX.B. through D. above, if the Board of Education
expels a student who has been identified as eligible for services under the
Individuals with Disabilities Education Act (“IDEA”), it shall offer an alternative
educational opportunity to such student in accordance with the requirements of
IDEA, as it may be amended from time to time.
F. Students for whom an alternative educational opportunity is not required:
STUDENT DISCIPLINE POLICY Page 18 of 30
The Board of Education may offer an alternative educational opportunity to a
pupil for whom such alternative educational opportunity is not required by law
as described in this policy. In such cases, the Board, or if delegated by the Board,
the Administration, shall determine the components, including nature,
frequency and duration of such services, of any such alternative educational
opportunity.
X. Notice of Student Expulsion on Cumulative Record
Notice of expulsion and the conduct for which the student was expelled shall be
included on the student’s cumulative educational record. Such notice, except for notice
of an expulsion of a student in grades nine through twelve, inclusive, based upon
possession of a firearm or deadly weapon, shall be expunged from the cumulative
educational record by the Board if the student graduates from high school.
In cases where the student’s period of expulsion is shortened or waived in accordance
with Section VIII.D(14), above, the Board may choose to expunge the expulsion notice
from the cumulative record at the time the student completes the Board-specified
program and meets any other conditions required by the Board.
If a student’s period of expulsion was not shortened or waived, the Board may choose
to expunge the expulsion notice from the student’s cumulative record prior to
graduation if such student has demonstrated to the Board that the student’s conduct
and behavior in the years following such expulsion warrants an expungement. In
deciding whether to expunge the expulsion notice, the Board may receive and consider
evidence of any subsequent disciplinary problems that have led to removal from a
classroom, suspension or expulsion of the student.
If the student has not previously been suspended or expelled, and the Administration
chooses to expunge the expulsion notice from the student’s cumulative record prior to
graduation, the Administration may refer to the existence of the expunged notice,
notwithstanding the fact that such notice may have been expunged from the student’s
cumulative file, for the limited purpose of determining whether any subsequent
suspension or expulsion by the student would constitute the student’s first such
offense.
XI. Change of Residence During Expulsion Proceedings
A. Student moving into the school district:
1. If a student enrolls in the district while an expulsion hearing is pending in
another district, such student shall not be excluded from school pending
completion of the expulsion hearing unless an emergency exists, as
defined above. The Board shall retain the authority to suspend the
student or to conduct its own expulsion hearing.
2. Where a student enrolls in the district during the period of expulsion
from another public school district, the Board may adopt the decision of
STUDENT DISCIPLINE POLICY Page 19 of 30
the student expulsion hearing conducted by such other school district.
The student shall be excluded from school pending such hearing. The
excluded student shall be offered an alternative educational opportunity
in accordance with statutory requirements. The Board shall make its
determination based upon a hearing held by the Board, which hearing
shall be limited to a determination of whether the conduct which was the
basis of the previous public school district’s expulsion would also warrant
expulsion by the Board.
B. Student moving out of the school district:
Where a student withdraws from school after having been notified that an
expulsion hearing is pending, but before a decision has been rendered by the
Board, the notice of the pending expulsion hearing shall be included on the
student’s cumulative record and the Board shall complete the expulsion hearing
and render a decision. If the Board subsequently renders a decision to expel the
student, a notice of the expulsion shall be included on the student’s cumulative
record.
XII. Procedures Governing Suspension and Expulsion of Students Identified as Eligible for
Services under the Individuals with Disabilities Education Act (“IDEA”)
A. Suspension of IDEA students:
Notwithstanding the foregoing, if the Administration suspends a student
identified as eligible for services under the IDEA (an “IDEA student”) who has
violated any rule or code of conduct of the school district that applies to all
students, the following procedures shall apply:
1. The Administration shall make reasonable attempts to
immediately notify the parents of the student of the decision to
suspend on the date on which the decision to suspend was made,
and a copy of the special education procedural safeguards must
either be hand-delivered or sent by mail to the parents on the
date that the decision to suspend was made.
2. During the period of suspension, the school district is not required
to provide any educational services to the IDEA student beyond
that which is provided to all students suspended by the school
district.
B. Expulsion and Suspensions that Constitute Changes in Placement for IDEA
students:
Notwithstanding any provision to the contrary, if the Administration
recommends for expulsion an IDEA student who has violated any rule or code of
conduct of the school district that applies to all students, the procedures
described in this section shall apply. The procedures described in this section
STUDENT DISCIPLINE POLICY Page 20 of 30
shall also apply for students whom the Administration has suspended in a
manner that is considered under the IDEA, as it may be amended from time to
time, to be a change in educational placement:
1. Upon the decision by the Administration to recommend expulsion or
impose a suspension that would constitute a change in educational
placement, the Administration shall promptly notify the
parent(s)/guardian(s) of the student of the recommendation of expulsion
or the suspension that would constitute a change in educational
placement, and provide the parents(s)/guardian(s) a copy of the special
education procedural safeguards either by hand-delivery or by mail
(unless other means of transmission have been arranged).
2. The school district shall immediately convene the student’s planning and
placement team (“PPT”), but in no case later than ten (10) school days
after the recommendation for expulsion or the suspension that
constitutes a change in placement was made. The student’s PPT shall
consider the relationship between the student’s disability and the
behavior that led to the recommendation for expulsion or the suspension
which constitutes a change in placement, in order to determine whether
the student’s behavior was a manifestation of his/her disability.
3. If the student’s PPT finds that the behavior was a manifestation of the
student’s disability, the Administration shall not proceed with the
recommendation for expulsion or the suspension that constitutes a
change in placement.
4. If the student’s PPT finds that the behavior was not a manifestation of
the student’s disability, the Administration may proceed with the
recommended expulsion or suspension that constitutes a change in
placement.
5. During any period of expulsion, or suspension of greater than ten (10)
days per school year, the Administration shall provide the student with
an alternative education program in accordance with the provisions of
the IDEA.
6. When determining whether to recommend an expulsion or a suspension
that constitutes a change in placement, the building administrator (or his
or her designee) should consider the nature of the misconduct and any
relevant educational records of the student.
C. Removal of Special Education Students for Certain Offenses:
1. School personnel may remove a student eligible for special education
under the IDEA to an appropriate interim alternative educational setting
for not more than forty-five (45) school days if the student:
STUDENT DISCIPLINE POLICY Page 21 of 30
a. Was in possession of a dangerous weapon, as defined in 18
U.S.C. 930(g)(2), as amended from time to time, on school
grounds or at a school-sponsored activity, or
b. Knowingly possessed or used illegal drugs or sold or solicited the
sale of a controlled substance while at school or at a
school-sponsored activity; or
c. Has inflicted serious bodily injury upon another person while at
school, on school premises, or at a school function.
2. The following definitions shall be used for this subsection XII.C.:
a. Dangerous weapon means a weapon, device, instrument,
material, or substance, animate or inanimate, that is used for, or
is readily capable of, causing death or serious bodily injury, except
that such term does not include a pocket knife with a blade of less
than 2.5 inches in length.
b. Controlled substance means a drug or other substance identified
under schedules I, II, III, IV, or V in Section 202(c) of the Controlled
Substances Act, 21 U.S.C. 812(c).
c. Illegal drug means a controlled substance but does not include a
substance that is legally possessed or used under the supervision
of a licensed health-care professional or that is legally possessed
or used under any other authority under the Controlled
Substances Act or under any other provision of federal law.
d. Serious bodily injury means a bodily injury which involves: (A) a
substantial risk of death; (B) extreme physical pain; (C) protracted
and obvious disfigurement; or (D) protracted loss or impairment
of the function of a bodily member, organ, or mental faculty.
XIII. Procedures Governing Expulsions for Students Identified as Eligible under Section 504 of
the Rehabilitation Act of 1973 (“Section 504”)
A. Except as provided in subsection B below, notwithstanding any provision to the
contrary, if the Administration recommends for expulsion a student identified as
eligible for educational accommodations under Section 504 who has violated any
rule or code of conduct of the school district that applies to all students, the
following procedures shall apply:
1. The parents of the student must be notified of the decision to
recommend the student for expulsion.
2. The district shall immediately convene the student’s Section 504 team
(“504 team”) for the purpose of reviewing the relationship between the
STUDENT DISCIPLINE POLICY Page 22 of 30
student’s disability and the behavior that led to the recommendation for
expulsion. The 504 team will determine whether the student’s behavior
was a manifestation of his/her disability.
3. If the 504 team finds that the behavior was a manifestation of the
student’s disability, the Administration shall not proceed with the
recommended expulsion.
4. If the 504 team finds that the behavior was not a manifestation of the
student's disability, the Administration may proceed with the
recommended expulsion.
B. The Board may take disciplinary action for violations pertaining to the use or
possession of illegal drugs or alcohol against any student with a disability who
currently is engaging in the illegal use of drugs or alcohol to the same extent that
such disciplinary action is taken against nondisabled students. Thus, when a
student with a disability is recommended for expulsion based solely on the illegal
use or possession of drugs or alcohol, the 504 team shall not be required to meet
to review the relationship between the student’s disability and the behavior that
led to the recommendation for expulsion.
XIV. Procedures Governing Expulsions for Students Committed to a Juvenile Detention
Center
A. Any student who commits an expellable offense and is subsequently committed
to a juvenile detention center, the Connecticut Juvenile Training School or any
other residential placement for such offense may be expelled by the Board in
accordance with the provisions of this section. The period of expulsion shall run
concurrently with the period of commitment to a juvenile detention center, the
Connecticut Juvenile Training School or any other residential placement.
B. If a student who committed an expellable offense seeks to return to a school
district after having been in a juvenile detention center, the Connecticut Juvenile
Training School or any other residential placement and such student has not
been expelled by the board of education for such offense under subdivision (A)
of this subsection, the Board shall allow such student to return and may not
expel the student for additional time for such offense.
XV. Early Readmission to School
An expelled student may apply for early readmission to school. The Board delegates the
authority to make decisions on readmission requests to the Superintendent. Students
desiring readmission to school shall direct such readmission requests to the
Superintendent. The Superintendent has the discretion to approve or deny such
readmission requests, and may condition readmission on specified criteria.
STUDENT DISCIPLINE POLICY Page 23 of 30
XVI. Dissemination of Policy
The Board of Education shall, at the beginning of each school year and at such other
times as it may deem appropriate, provide for an effective means of informing all
students, parent(s) and/or guardian(s) of this policy.
XVII. Compliance with Documentation and Reporting Requirements
A. The Board of Education shall include on all disciplinary reports the individual
student’s state-assigned student identifier (SASID).
B. The Board of Education shall report all suspensions and expulsions to the State
Department of Education.
C. If the Board of Education expels a student for sale or distribution of a controlled
substance, as defined in Conn. Gen. Stat. § 21a-240(9), whose manufacture,
distribution, sale, prescription, dispensing, transporting or possessing with the
intent to sell or dispense, offering, or administration is the subject to criminal
penalties under Conn. Gen. Stat. §§ 21a-277 and 21a-278, the Board shall refer
such student to an appropriate state or local agency for rehabilitation,
intervention or job training and inform the agency of its action.
D. If the Board of Education expels a student for possession of a firearm, as defined
in 18 U.S.C. § 921, or deadly weapon, dangerous instrument or martial arts
weapon, as defined in Conn. Gen. Stat. § 53a-3, the Board shall report the
violation to the local police.
Legal References:
Connecticut General Statutes:
Public Act 17-237, An Act Concerning Education Mandate Relief
Public Act 16-147, An Act Concerning the Recommendations of the
Juvenile Justice Policy and Oversight Committee
§§ 4-176e through 4-180a and § 4-181a Uniform Administrative Procedures Act
§ 10-222d Safe school climate plans. Definitions. Safe school climate assessments
§§ 10-233a through 10-233f Suspension and expulsion of students.
§ 10-233l Expulsion and suspension of children in preschool programs
§ 19a-342a Use of electronic nicotine delivery system or vapor product
prohibited
§§ 21a-408a through 408p Palliative Use of Marijuana
§ 29-38 Weapons in vehicles
§ 53a-3 Definitions
§ 53-344b Sale and delivery of electronic nicotine delivery system or
vapor products to minors
STUDENT DISCIPLINE POLICY Page 24 of 30
§ 53-206 Carrying of dangerous weapons prohibited.
Packer v. Board of Educ. of the Town of Thomaston, 246 Conn. 89 (1998).
State v. Hardy, 896 A.2d 755, 278 Conn. 113 (2006).
State v. Guzman, 955 A.2d 72, 2008 Conn. App. LEXIS 445 (Sept. 16, 2008).
Federal law:
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as amended by
the Individuals with Disabilities Education Improvement Act of 2004, Pub. L.
108-446.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).
18 U.S.C. § 921 (definition of “firearm”)
18 U.S.C. § 930(g)(2) (definition of “dangerous weapon”)
18 U.S.C. § 1365(h)(3) (identifying “serious bodily injury”)
21 U.S.C. § 812(c) (identifying “controlled substances”)
34 C.F.R. § 300.530 (defining “illegal drugs”)
Gun-Free Schools Act, 20 U.S.C. § 7961
Honig v. Doe, 484 U.S. 305 (1988)
TEMPORARY POLICY ADOPTED: September 8, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT DISCIPLINE POLICY Page 25 of 30
Colchester Public Schools
127 Norwich Avenue, Suite 202
Colchester, CT 06415
Jeffrey E. Burt Phone (860) 537-7208
Superintendent of Schools jburt@colchesterct.org
(Date)
CERTIFIED MAIL - RETURN RECEIPT REQUESTED & U.S. MAIL
1
(Parent)
(Parent's Address)
(Non-custodial Parent, if applicable)
(Parent's Address)
Re: Expulsion Hearing Concerning Student Name; d.o.b.
Dear (Parent/Guardian):
In accordance with the Colchester Board of Education Policy 5 144, Student Discipline, I am
writing to advise you that the Colchester Board of Education (the "Board") will hold a formal
hearing concerning your (son/daughter), (Name of Student) to consider the recommendation
e/she) be e xpelled from school. [In cases where the district uses a
of Administration that (h
hearing officer, add the following: Please be advised that the Board has appointed Attorney
[Name], to serve as an impartial hearing officer in this matter.] This hearing is being held
pursuant to Section 10-233d [In cases where a preschool student is recommended for
expulsion, add the following: and Section 10-233l] a nd Sections 4-176e to 4-180a, inclusive,
and Section 4-181a of the Connecticut General Statutes and the Colchester Board of Education
Policy 5144, Student Discipline, a copy of which is enclosed. The Board (OR the hearing officer)
intends to conduct the hearing in executive session, due to the confidential nature of this
hearing.
The hearing will address the allegations that your (son/daughter) violated Board Policy 5144,
Student Discipline, on date), by engaging in the following conduct:
(The law governing these hearings requires a short, plain statement of the facts to be
included within this notice letter, and should be inserted here.
Example: carrying a knife on the school bus on a specified date and brandishing it at
other students on the bus).
1
If the Student is aged 18 or older, this notice should be sent directly to the student, with copies to the parent(s).
STUDENT DISCIPLINE POLICY Page 26 of 30
(State whether you considered such conduct to endanger persons or to be seriously disruptive
of the educational process).
(If the student has admitted to this conduct, note the admission here).
The hearing has been scheduled for (date, time, place) [ note: unless an emergency exists, the
this notice must be given to the student/parent/guardian at least five (5) business days
before the hearing]). You and your (son/daughter) are asked to attend this hearing. Your
(son/daughter) has the right to be represented by an attorney or other advocate at your
expense, has the right to cross-examine Administration witnesses, and may present relevant
evidence, both documentary and testimonial, concerning the allegations. The hearing will be
the parties' sole opportunity to present such evidence. The Board may also question witnesses.
An opportunity will also be given for the Administration and your (son/daughter) or his/her
representatives to present argument concerning the evidence presented at the hearing. If you
need the services of a translator or an interpreter for this hearing, please let me know as soon
as possible.
Unless the administration has determined that an emergency exists, you have the right to have
the expulsion hearing postponed for up to one week to allow time to obtain representation. If
you would like to request a postponement, please let me know as soon as possible.
The Administration may recommend expulsion from school for up to one calendar year. The
Board (OR the hearing officer) has discretion to adopt any period of expulsion up to one
calendar year.
As mentioned above, your (son/daughter) has a right to be represented, at your own expense,
by an attorney or other advocate at the expulsion hearing. Obtaining an attorney or other
advocate is the responsibility of the family. Very low income families may be able to obtain
free or reduced rate advice or legal representation through Statewide Legal Services, Inc.
(“SLS”). To apply for such assistance, those families should contact SLS immediately at
1-800-453-3320.
In the event your (son/daughter) i s expelled as a result of the scheduled hearing, and your
(son/daughter) is under sixteen (16) years of age, the Board will offer your child an alternative
educational opportunity, during any period of exclusion from school as determined by the
Administration in accordance with applicable law. If your (son/daughter) is between sixteen
(16) and eighteen (18) and has not been expelled before, the Board shall also offer to your
(son/daughter) an alternative educational opportunity if she/he wishes to continue her/his
education. Please know however, that the Board is not required to offer an alternative
educational opportunity to any student between sixteen (16) and eighteen (18) years of age
who have previously been expelled, or to students who are eighteen (18) years of age or older.
If you have any questions, please call my office at (number).
Sincerely,
(Name of Superintendent)
ublic Schools
(Name of District) P
STUDENT DISCIPLINE POLICY Page 27 of 30
Cc: (Name of District), Chairman, (Name of District) Board of Education
(Name of Special Education director)
(Name of Principal at school that student attends)
(Name of Board of Education Attorney, where applicable)
(Name of Administration’s Attorney, where applicable)
AGREEMENT
NAME OF SUPERINTENDENT, (Superintendent of Schools for NAME OF DISTRICT), NAME OF
STUDENT and NAME(S) OF PARENT(S)/GUARDIAN(S) (the parent(s)/guardian(s) of NAME OF
STUDENT) agree as follows with respect to the Superintendent’s request that NAME OF
STUDENT be expelled from _______________ School:
1. NAME OF STUDENT (D.O.B. _________) is currently enrolled as a _____ grade
student at ____________ School.
2. NAME OF STUDENT admits that he/she engaged in the following conduct (insert a
n or about _________________, 20__.
short, plain statement of the conduct) o
3. NAME OF STUDENT’s conduct, as described above, violates ____________ Board of
Education Policy _________ (Student Discipline). (Cite other policies here as
appropriate). (State whether such conduct is considered to endanger persons or to
be seriously disruptive of the educational process). (If the student has admitted to
this conduct, note the admission here).
4. Students are notified of applicable Board policies regarding prohibited conduct by
publication in the student handbook.
(Optional Section for students with disabilities):
5. A manifestation determination was made on (date) concerning this conduct and it
was determined that the conduct was not a manifestation of the student’s
disability.
6. Students are notified of applicable Board policies regarding prohibited conduct by
publication in the student handbook.
7. Subject to the approval of the ___________ Board of Education (the “Board”),
NAME OF STUDENT shall be expelled, effective _____________, 20__ and
continuing through ___________________, 20____, under the following
conditions:
a) During the period of expulsion, the Board will provide NAME OF STUDENT with
an alternative education opportunity deemed appropriate by the
Administration in accordance with applicable law.
STUDENT DISCIPLINE POLICY Page 28 of 30
b) During the period of expulsion, NAME OF STUDENT will not be permitted to be
on school grounds and will not be permitted to attend or participate in any
school-sponsored activities, unless specific permission is granted in advance by
the Superintendent of Schools.
(Optional Sections regarding early readmission):
c) Prior to ________________________, the Superintendent will review NAME OF
STUDENT’s conduct, as well as his/her attendance and effort level in the
alternative educational program, for the purpose of determining, in the
Superintendent’s sole discretion, whether NAME OF STUDENT should be
readmitted to school on or about _________________________________.
d) If the Superintendent determines that NAME OF STUDENT should be
readmitted to school early in accordance with the preceding section, and if
NAME OF STUDENT subsequently commits any offense that would warrant
suspension and/or expulsion under the policies of the Board, the
Superintendent may reinstate NAME OF STUDENT’s expulsion for the remainder
of the expulsion period, through (date), without the need for any further
proceedings before the Board.
(Optional Section for expungement if the expulsion is the student’s first expulsion):
e) Prior to (date), the Superintendent will review NAME OF STUDENT’s conduct, as
well as his/her attendance and effort level since the expulsion, for the purpose of
determining, in the Superintendent’s sole discretion, whether the expulsion hearing
record of NAME OF STUDENT should be expunged from his/her educational record
as of (date).
8. All parties to this Agreement request that this Agreement be presented to the
Board for the Board’s consideration, in lieu of the submission of any other evidence
by the Superintendent and/or NAME OF STUDENT or his/her parents, and they
agree that this Agreement is sufficient for the Board to expel NAME OF STUDENT
from school.
9. NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) understand and
acknowledge that, pursuant to Section 10-233d of the Connecticut General Statutes
and Board Policy, NAME OF STUDENT is entitled to an expulsion hearing before the
______________ Board of Education to contest NAME OF STUDENT’s proposed
expulsion from the ______________ Public Schools. NAME OF STUDENT and NAME
OF PARENT(S)/GUARDIAN(S) further understands and acknowledges that at such
hearing NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) would have
the right to call witnesses and to introduce documentary evidence, to cross
examine witnesses called by the Administration, and to be represented by an
attorney or other advocate at their own expense. Accordingly, NAME OF STUDENT
and NAME OF PARENT(S)/GUARDIAN(S) waive NAME OF STUDENT’s right to an
expulsion hearing pursuant to Section 10-233d of the Connecticut General Statutes.
STUDENT DISCIPLINE POLICY Page 29 of 30
10. The Superintendent, NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S)
understand that this Agreement is subject to the approval of the Board. In the
event that the Board does not approve this Agreement, the Superintendent, NAME
OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) agree that the expulsion
hearing concerning NAME OF STUDENT shall be rescheduled to a mutually
agreeable date for the purposes of conducting an evidentiary hearing before the
Board concerning the Superintendent’s expulsion request. NAME OF STUDENT and
NAME OF PARENT(S)/GUARDIAN(S) agree that NAME OF STUDENT will remain out
of school until the evidentiary hearing has been completed. NAME OF STUDENT
and NAME OF PARENT(S)/GUARDIAN(S) also agree that the Board’s consideration
of this proposed Agreement will not disqualify any member of the Board from
serving as a Board member in the evidentiary hearing, and they hereby waive any
right to make such a claim in any proceeding in any forum.
11. NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) enter into this
Agreement voluntarily and with a full understanding of the provisions of this
Agreement.
Date:
NAME OF SUPERINTENDENT
Superintendent of Schools
Date:
NAME OF STUDENT
Student
Date:
NAME OF PARENT/GUARDIAN
OF STUDENT
Date:
NAME OF PARENT/GUARDIAN
OF STUDENT
STUDENT DISCIPLINE POLICY Page 30 of 30