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5144P
STUDENTS
STUDENT DISCIPLINE POLICY
FIRST READING 4/20/22
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 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
STUDENT DISCIPLINE POLICY Page 1 of 30
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 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
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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.
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. 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
STUDENT DISCIPLINE POLICY Page 3 of 30
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.
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.
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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 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
STUDENT DISCIPLINE POLICY Page 5 of 30
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 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.
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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., defined as committing an act that endangers the mental or physical
health and safety of a person for the purpose of 1) initiation or admission into, or
2) affiliation with or continued membership or affiliation with, a student
organization, any organization sanctioned or authorized by the Board of
Education, or for any other purpose. The term “hazing” includes, but is not
limited to:
a. Any type of physical brutality including but not limited to whipping,
beating, striking, branding, forced calisthenics, exposure to elements,
electronic shocking, or requiring an ingestion or placing a harmful
substance in or on the body, or any other forced physical activity which
would adversely affect the physical health or safety of an individual.
b. Any activity, except those activities authorized by law, which would
subject the individual to extreme mental stress, such as prolonged sleep
deprivation, forced prolonged exclusion from social contact, forced
conduct which could result in extreme embarrassment, or any other
forced activity which could adversely affect the mental health or dignity of
the individual.
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,
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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.
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.
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.
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
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.
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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, 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
STUDENT DISCIPLINE POLICY Page 9 of 30
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 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
STUDENT DISCIPLINE POLICY Page 10 of 30
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
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
STUDENT DISCIPLINE POLICY Page 11 of 30
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.
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
STUDENT DISCIPLINE POLICY Page 12 of 30
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.
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.
STUDENT DISCIPLINE POLICY Page 13 of 30
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, 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.
STUDENT DISCIPLINE POLICY Page 14 of 30
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. 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.
STUDENT DISCIPLINE POLICY Page 15 of 30
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.
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.
STUDENT DISCIPLINE POLICY Page 16 of 30
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 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
STUDENT DISCIPLINE POLICY Page 17 of 30
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:
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.
STUDENT DISCIPLINE POLICY Page 18 of 30
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 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”)
STUDENT DISCIPLINE POLICY Page 19 of 30
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 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.
STUDENT DISCIPLINE POLICY Page 20 of 30
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:
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
STUDENT DISCIPLINE POLICY Page 21 of 30
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’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
STUDENT DISCIPLINE POLICY Page 22 of 30
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.
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
STUDENT DISCIPLINE POLICY Page 23 of 30
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
§ 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)
STUDENT DISCIPLINE POLICY Page 24 of 30
POLICY ADOPTED: April 9, 2002
REVISION: May 10, 2005
REVISION: May 9, 2006
REVISION: April 8, 2008
REVISION: June 10, 2008
REVISION: October 13, 2009
REVISION: June 8, 2010
REVISION: September 28, 2010
REVISION: May 10, 2011
REVISION: June 9, 2015
REVISION: December 8, 2015 (Replaces policy 5144)
REVISION: March 14, 2018
REVISION: November 13, 2018
REVISION: January 14, 2020
REVISION:
238924v63
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
(Parent)1
(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 5144, 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 of Administration that
(he/she) be expelled from school. [In cases where the district uses a 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]and
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:
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
(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).
(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) is 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.
STUDENT DISCIPLINE POLICY Page 27 of 30
If you have any questions, please call my office at (number).
Sincerely,
(Name of Superintendent) (Name of
District) Public Schools
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 short,
plain statement of the conduct) on or about , 20 .
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
STUDENT DISCIPLINE POLICY Page 28 of 30
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.
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
STUDENT DISCIPLINE POLICY Page 29 of 30
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.
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