# JKE-R - Expulsion Guidelines

**JKE-R - Expulsion Guidelines**<span class="Apple-converted-space"> </span>

**I**.<span class="Apple-converted-space"> </span>**EXPULSION HEARING AND RE-ENTRY GUIDELINES**

The following steps constitute general guidelines for the conduct of an expulsion hearing. The guidelines may be adjusted to meet the flexible requirements of due process on a case-by-case basis, consistent with applicable laws.

A.<span class="Apple-converted-space"> </span>Procedures for Conduct of Board Hearing to Expel

1.<span class="Apple-converted-space"> </span>Any discussion, consideration or hearing by the School Board of suspension or expulsion of a student shall be in executive session.

2.<span class="Apple-converted-space"> </span>The Board shall be in a public meeting and vote to enter executive session. Executive session requires a 3/5 affirmative vote of the members present and voting, and the vote must be recorded.<span class="Apple-converted-space"> </span>

3.<span class="Apple-converted-space"> </span>The parents/legal guardians, the student and legal counsel or other representative (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student have been provided prior written notice and failed to appear for the hearing.

B.<span class="Apple-converted-space"> </span>Executive Session

1\. General Rules of Conduct

A.<span class="Apple-converted-space"> </span>The hearing officer (Board Chair/designee or Board attorney) will conduct the hearing.

B. <span class="Apple-converted-space"> </span>Witnesses shall be sequestered in response to a request by either party.

C.<span class="Apple-converted-space"> </span>The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”

D.<span class="Apple-converted-space"> </span>The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”

E. The Board and student (at his/her own expense) may be represented by legal counsel through each stage of the process.

**II.<span class="Apple-converted-space"> </span>PROCEDURES**

A. The hearing officer will state for the record:

·<span class="Apple-converted-space"> </span>Date of this hearing;

·<span class="Apple-converted-space"> </span>Place of hearing;

·<span class="Apple-converted-space"> </span>Time of hearing;

·<span class="Apple-converted-space"> </span>Name of student;

·<span class="Apple-converted-space"> </span>Those in attendance for the administration;

·<span class="Apple-converted-space"> </span>Those in attendance for the student; and

·<span class="Apple-converted-space"> </span>Those in attendance for the School Board.<span class="Apple-converted-space"> </span>

B.<span class="Apple-converted-space"> </span>The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the Board and include the notice in the record.<span class="Apple-converted-space"> </span>If no person appears at the hearing on behalf of the parents/legal guardians or student, the hearing officer will request that the Superintendent confirm that the parents/guardians and student were provided notice of the hearing.

C. The Superintendent/designee, hereafter called “the administration,” will make an opening statement that includes an overview of the evidence, his/her recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.

D.<span class="Apple-converted-space"> </span>The hearing officer will inform the student and parents/legal guardians of their rights:<span class="Apple-converted-space"> </span>

·<span class="Apple-converted-space"> </span>To hear the evidence;

·<span class="Apple-converted-space"> </span>To cross examine witnesses; and

·<span class="Apple-converted-space"> </span>To present witnesses and offer other relevant evidence.

E. The hearing officer will ask if any member of the Board finds him/herself in a possible conflict of interest situation because he/she knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that he/she could not impartially hear the facts and decide the issue on its merits.

F. All witnesses shall be sworn in by the hearing officer.<span class="Apple-converted-space"> </span>Each witness raises his/her right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”

G. The administration calls its witnesses.

H.<span class="Apple-converted-space"> </span>After each witness has answered all questions put by the administration, then the student/designee (hereinafter, the student) may cross-examine. This should be limited to questions and not arguments with the witness.

I.<span class="Apple-converted-space"> </span>The administration may ask rebuttal questions after the student finishes questioning.<span class="Apple-converted-space"> </span>

J.<span class="Apple-converted-space"> </span>Members of the Board may ask questions at the conclusion of the rebuttal.

K. The student may then call his/her own witnesses to testify, and the student may testify. All witnesses will be sworn.<span class="Apple-converted-space"> </span>The administration may cross-examine witnesses. The student may ask rebuttal questions. After the rebuttal questions, the Board may ask questions.

L. When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross-examined.

M. At the end of the testimony, the administration shall make a statement, which should include its recommendations.<span class="Apple-converted-space"> </span>The same may then be done by/for the student.

N. The Board should then deliberate in executive session.<span class="Apple-converted-space"> </span>The Superintendent, Board attorney, administration, the student charged, his/her parents/legal guardians, and the student’s legal counsel may remain for deliberations. If the student and representatives elect not to be present during deliberations, the administration will also be excluded from deliberations, except that the Superintendent may remain to provide guidance to the Board if he/she was not directly involved in the investigation/presentation of evidence.

O. The Board shall discuss whether the charges are more likely than not supported by the evidence presented. The Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.

P.<span class="Apple-converted-space"> </span>If the charges are more likely than not supported, the Board shall discuss whether an expulsion shall be for a specified period of time or for an indefinite period.

Q. The Board shall then leave executive session.

**III. <span class="Apple-converted-space"> </span>PUBLIC SESSIONS**

A. In public session, a member of the Board may make a motion to “expel a student and direct the Superintendent to provide the student and his/her parents/guardians with the Board’s findings of fact(s).”<span class="Apple-converted-space"> </span>Following a second, the Board Chair should state the motion and the Board should vote.<span class="Apple-converted-space"> </span>If no motion is made to expel, the student will return to school at the conclusion of the previously-imposed administrative suspension.

If the student is expelled, a member of the Board shall make a motion as to whether the expulsion shall be for a specified period of time or for an indefinite period.<span class="Apple-converted-space"> </span>If the expulsion is for an indefinite period, the Board may authorize the Superintendent to develop a re-entry plan for the student as described in Section IV below.

B. The Superintendent is responsible for notifying the parents/legal guardians (and the student) of the Board’s decision.<span class="Apple-converted-space"> </span>

**IV. <span class="Apple-converted-space"> </span>RE-ENTRY PLAN GUIDELINES**

<span class="Apple-converted-space"> </span>If the Board expels a student for an indefinite period of time and authorizes the Superintendent to develop a re-entry plan, the following steps are required by law.

A. The Superintendent/designee shall develop the re-entry plan in consultation with the student and his/her parents/legal guardians to provide guidance that helps the student understand what he/she must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.

B. The Superintendent/designee shall send a certified letter or hand-deliver a letter to the parents/legal guardians of the student, giving the date, time and location of a meeting to develop a re-entry plan.

C. If the student and the student’s parents/legal guardians do not attend the meeting, the re-entry plan must be developed by the Superintendent/ designee.<span class="Apple-converted-space"> </span>

D. The re-entry plan may require the student to take reasonable measures determined by the Superintendent that will help establish the student’s readiness to return to school.<span class="Apple-converted-space"> </span>Professional services determined to be necessary by the Superintendent must be provided at the expense of the student’s parent/legal guardians and/or the student.<span class="Apple-converted-space"> </span>(See policy JKF for requirements related to students with disabilities.)

E. The re-entry plan must be provided to the parents/legal guardians and the student.

F. The Superintendent shall designate an appropriate school employee to review the student’s progress with the re-entry plan at one month, three months and six months after the initial re-entry plan meeting, and at other times as determined necessary by the designated employee, in consultation with the Superintendent.

<span class="Apple-converted-space"> </span>

Legal Reference:<span class="Apple-converted-space"> </span>20-A MRSA §§ 1001 (8A), (9C)

Cross Reference: JKF – Disciplinary Removals of Students with Disabilities<span class="Apple-converted-space"> </span>

Adopted: October 19, 2016