Student Expulsion - June 1997 Revision
An expulsion is a disciplinary exclusion (suspension) from the school district that is at least two semesters in length. It may be longer or even permanent.
Generally the District wishes to limit exclusion from school to no longer than the end of the current semester. In some cases, there is a need to implement an expulsion as an extreme last resort for disciplining students who exhibit unacceptable behaviors such as drug possession, drug sales, acts of extreme violence, vandalism, weapons possession, weapons use, and other felonies. (See the APS Student Behavior Handbook for "Referral for Legal Action." Section VII.) A school may also recommend for expulsion any student who has been suspended long-term two or more times
To Recommend Expulsion
Schools must follow the same due process procedures outlined for long-term suspension. In addition, school officials must be prepared to justify to the hearing officer the request for the most severe disciplinary action possible. The following special requirements will apply when the hearing officer elects to uphold the school’s recommendation for expulsion.
- Unlike long-term suspension actions, the due process hearing for an "expulsion" cannot be waived. Even if the student and parents do not appear, the school must present its case to the hearing officer.
- The Superintendent or designee will review for affirmation all cases in which the hearing officer decides upon expulsion prior to final imposition of the discipline.
- Any student who has been expelled may petition for re-entry to the Albuquerque Public Schools after one calendar year from the date of expulsion. Students desiring re-entry should submit a request in writing to the Superintendent requesting a reconsideration hearing.
- Board Policy J.11
- Board Policy J.17
- APS Student Behavior Handbook
- Notice of Discipline and/or Temporary or Anticipated Long-Term Suspension form
- State Board of Education Regulation 81-3
- NMSA 1978 22-5-4.3
Revised: May 1995
Revised: April 1996
Revised: June 1997