Student Expulsion October 2020 Revision

An expulsion is a disciplinary exclusion (suspension) from the school district that is greater than one (1) semester 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. A school may also recommend for expulsion any student who has been suspended long-term two or more times.

To Recommend Expulsion

Schools shall follow the same due process procedures outlined for long-term suspension. In addition, school personnel shall be prepared to justify to the hearing officer the request for the most severe disciplinary action possible. The following special requirements shall 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/legal guardians do not appear, the school shall present its case to the hearing officer.
• The superintendent or his/her designee shall review for affirmation or alteration all cases in which the hearing officer decides upon expulsion prior to final imposition of the discipline.   
• Any student who has been expelled may enroll in Albuquerque Public Schools after the expulsion has been completed.

Administrative Position:   

• Chief Operations Officer
• Associate Superintendents for Learning Zones 1, 2, 3, and 4

Department Director:   

• Executive Director of Student, Parent, and Employee Service Center

• Albuquerque Public Schools Hearing Officer

References

Legal Cross Ref.:           

• §22-5-4.3 NMSA 1978

• §22-5-4.7 NMSA 1978

Board Policy Cross Ref.:        

• JK – Student Discipline

Procedural Directive Cross Ref:    

• APS Handbook for Student Success
• Student Discipline and Suspension

Forms:   

• Notice of Discipline and/or Temporary or Anticipated Long-Term Suspension

NSBA/NEPN Classification: JKE

Revised: May 1995
Revised: April 1996
Revised: June 1997
Reviewed: September 24, 2010
Reviewed: October 11, 2010
Revised: October 15, 2010
Reviewed: September 16, 2020
Revised: October 2, 2020

This page was last updated on: December 9, 2009.