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Long Term Suspension of Student - June 1997 Revision

Note: This procedural directive was reviewed and revised in October 2010. We provide this revision for historic purposes only. Please refer to the current procedural directive.

All students have due process procedures available to them under the Board of Education’s Student Rights and Responsibilities Policy, the APS Student Behavior Handbook. Any student for whom the school is requesting long-term suspension has the right to a suspension hearing held before an APS hearing officer, or other party selected by the student. Students or their parents may waive the right to a hearing by signing a waiver. School officials may not encourage the signing of waivers by saying or implying that hearing officers are likely to impose more severe discipline than school-based administrators.

A long-term suspension is defined as the removal of a student from school and all school-related activities for more than ten (10) days and up to the balance of the semester.

A student with an identified disability may not be suspended in excess of ten school days, cumulative, without an IEP review to determine whether the student’s IEP is appropriate and whether the behavior(s) in question is a manifestation of the student’s disability.

The burden of proving that the student violated a provision of the APS Student Behavior Handbook to the degree a student must be suspended is the responsibility of school authorities.

Procedure for Long-Term Suspension through the Hearing Process

  1. Parent and student must be advised of all the charges both orally and in writing a minimum of five (5) days prior to the scheduled hearing. The written notice should be on the form "Notice of Discipline and/or Anticipated Temporary or Long-Term Suspension".
  2. Hearings will be scheduled through the appropriate Regional Student Support Services Legal Functions Office. Hearings must be scheduled within ten (10) working days of the notice of discipline being sent to the parents.
  3. If the hearing will require the services of an interpreter, including sign language, the school must notify the student services office at the time of scheduling the hearing.
  4. The school must present copies of the following information to the hearing officer during the hearing.
    1. Yellow copy of the "Notice of Discipline and/or Anticipated Long-Term Suspension."
    2. Report of current grades, current attendance, and class progress reports.
    3. Written witness reports, incident reports, and school police reports.
    4. Current IEP Committee report for special education students that addresses Section IX of the Student Behavior Handbook.

 

  • When schools are requesting long-term suspension for reasons of poor attendance or general disruptive conduct, the school must also provide documentation that the parents were advised of the problem and what interventions the school attempted to resolve the problem.
  • Support Team review reports and/or 504 plan reviews, if applicable.
  • Copies of all reports will become part of the official hearing record. Failure to provide these documents may result in student reinstatement.
  • Parent and student must be advised of all the charges both orally and in writing a minimum of five (5) days prior to the scheduled hearing. The written notice should be on the form "Notice of Discipline and/or Anticipated Temporary or Long-Term Suspension".
  • Hearings will be scheduled through the appropriate Regional Student Support Services Legal Functions Office. Hearings must be scheduled within ten (10) working days of the notice of discipline being sent to the parents.
  • If the hearing will require the services of an interpreter, including sign language, the school must notify the student services office at the time of scheduling the hearing.
  • The school must present copies of the following information to the hearing officer during the hearing.
  • Yellow copy of the "Notice of Discipline and/or Anticipated Long-Term Suspension."
  • Report of current grades, current attendance, and class progress reports.
  • Written witness reports, incident reports, and school police reports.
  • Current IEP Committee report for special education students that addresses Section IX of the Student Behavior Handbook.
  • When schools are requesting long-term suspension for reasons of poor attendance or general disruptive conduct, the school must also provide documentation that the parents were advised of the problem and what interventions the school attempted to resolve the problem.
  • Support Team review reports and/or 504 plan reviews, if applicable.
  • Copies of all reports will become part of the official hearing record. Failure to provide these documents may result in student reinstatement.
  • Procedures for Long-Term Suspension When Parents Waive the Right to Hearing

  • The principal or designee must advise parents and student of the charges orally and in writing.
  • School officials must advise parents of their right to a hearing. They must explain the hearing procedure and they may not state or imply that requesting a hearing will increase the likelihood of a more severe penalty.
  • School officials must explain to the parents that the student will not be allowed to attend any traditional APS school while he/she is suspended.
  • School officials must advise parents of students with an identified disability of the availability of alternative continuation services during the term of the suspension.
  • Parents must sign the request to waive the due process hearing.
  • School officials must advise parents and the student regarding possible education alternatives during the term of the suspension.
  • School officials must attach documentation of parent contacts and intervention to the yellow copy of the "Notice of Discipline and/or Anticipated Long-Term Suspension" form.
  • Schools must report to the Region Office all long-term suspensions on the discipline summary report each 20-day reporting period.
  • Failure to follow this procedure may result in reinstatement of the student.
  • The principal or designee must advise parents and student of the charges orally and in writing.
  • School officials must advise parents of their right to a hearing. They must explain the hearing procedure and they may not state or imply that requesting a hearing will increase the likelihood of a more severe penalty.
  • School officials must explain to the parents that the student will not be allowed to attend any traditional APS school while he/she is suspended.
  • School officials must advise parents of students with an identified disability of the availability of alternative continuation services during the term of the suspension.
  • Parents must sign the request to waive the due process hearing.
  • School officials must advise parents and the student regarding possible education alternatives during the term of the suspension.
  • School officials must attach documentation of parent contacts and intervention to the yellow copy of the "Notice of Discipline and/or Anticipated Long-Term Suspension" form.
  • Schools must report to the Region Office all long-term suspensions on the discipline summary report each 20-day reporting period.
  • Failure to follow this procedure may result in reinstatement of the student.

Cross Ref.:

NSBA/NEPN Classification: JKD

Revised: May 1995
Revised:
April 1996
Revised:
June 1997

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