STUDENTS

Procedures for Expulsions/Exclusions (DRAFT)

A student may be referred to the appropriate Administrative Service Center (ASC) administrator for serious violations of the Davenport Community School District’s Discipline Policy #504.1. When this occurs, the following procedures are to be followed and completed within the 10-day suspension time frame:

1. When the referral is made to the appropriate ASC administrator, the building administration must generate a full written account of the incident and take statements from all witnesses.
    
2. As soon as possible, the building administrator will call a conference at school with the parent/guardian and the student. Parent/guardian notification of this conference can be verbal contact or certified letter. At this conference, a summary of the investigation (up to that point) of the incident will be provided the parent/guardian and student who will in turn have a chance to respond with any additional data or information. The parent/guardian and student are also informed that a referral to the appropriate ASC administrator may follow after a thorough investigation of the incident has been completed.
    
3. If the building principal decides to make a referral to the appropriate ASC administrator, the written documentation should contain:
    
   1. Complete Narrative of Incident
   2. Written Reports signed by witnesses
   3. Principal’s Recommendation
   4. 10-Day Suspension Form
   5. Disciplinary Reports to date for current school year
   6. Daily Attendance for the current year
   7. Grade Reports for past five years
   8. Manifestation Determination (if special ed student)**

    

4. In collaboration with the building administrator(s), a decision will be made to refer the student to the Administrative Council for consideration for expulsion/exclusion* or to the appropriate ASC administrator for a disciplinary hearing.

1. Disciplinary Hearing…..
   
   If the decision is made to refer the student to an ASC administrator for a Disciplinary Hearing, the parent/guardian will be notified via certified mail of the time and place of the Disciplinary Hearing (the building principal will also make a verbal contact). Parent/guardian and student will be requested to arrive at the hearing location (usually 1606 Brady) at least 15 minutes before the scheduled start so they have an opportunity to review the documentation provided by the building. The parent/guardian may request legal counsel be present to represent their child and/or any witnesses they may have to support their case.
   
   In attendance at the Disciplinary Hearing: ASC administrator, the building administrator(s) making the referral, the parent/guardian, the student, or other parties if deemed appropriate.
   
   All materials will be submitted to the ASC administrator for review, and testimony from witnesses may be heard.
   
   Following the disciplinary hearing, a decision will be made whether the student returns to the sending school, is administratively placed at another regular school site, is placed in an alternative setting, (or, because of some unusual circumstance, is referred to the Administrative Council). Within 48 hours, the parent/guardian and student will receive a written copy of the results of the Disciplinary Hearing. They will also be informed they may appeal this decision to the Superintendent. The Superintendent’s decision is final.
    
2. Administrative Council Hearing…..
   
   If the decision is made to refer the student to the Administrative Council for consideration for expulsion/exclusion, the parent/guardian will be notified via certified mail of the time and place of the Administrative Council Hearing (the building principal will also make a verbal contact). Parent/guardian and student will be requested to arrive at the hearing location (usually 1606 Brady) at least 15 minutes before the scheduled start so they have an opportunity the review the documents provided by the building.
   
   The Council will consist of the ASC administrator who will chair the hearing, a principal (of the same level but not the same building of the alleged incident), and a teacher/counselor from the building of the incident who was not involved with the incident. Others in attendance: The principal of the building where the incident occurred, the parent/guardian, the student, and a minute taker. The parent/guardian may request legal counsel be present to represent their child and/or any witnesses they may have to support their case.
   
   All materials will be submitted to the Council for review and testimony from witnesses may be heard. The Council will then adjourn to make a recommendation. If the recommendation is not to expel/exclude, alternatives will be discussed. If the recommendation is to expel/exclude, this recommendation will be submitted to the Superintendent along with the building documentation and a copy of the summary minutes from the Council hearing. The Council shall share its decision with the parent/guardian and student within 48 hours of the hearing. Parent/guardian will also receive a copy of the summary minutes and the recommendation that was submitted to the Superintendent.

5. If the recommendation from the Council is for expulsion/exclusion and the Superintendent does not agree, the Superintendent will contact the Council Chair for further discussion and possible alternative options. If the Superintendent does agree with the recommendation of the Council, he/she will recommend the same to the Davenport District’s Board of Directors***. The parent/guardian and student will receive a certified letter from the Superintendent’s Office that notifies them of the date and time the Board of Directors will meet to hear their case.
    
6. At the Board of Directors meeting, parent/guardian and student will have another opportunity to present their case and may obtain legal counsel and/or witnesses. After all have been heard, the final decision will be made whether or not to expel/exclude.**** The parents and student will be notified within 48 hours of the outcome of the Board decision.
   
   If the decision is for expulsion/exclusion, this disciplinary action will begin immediately following the 10-suspension.
    
7. A readmittance conference will be scheduled for the student based on the timeline for readmittance established by the Board of Directors.

*Expulsion is the term used for regular education students. Exclusion is the term used for all special education students due to the fact that, under law, their educational services cannot be terminated for more than 10 days.

**In the case of a special education exclusion, the packet information will remain the same with the addition of the Manifestation Determination. Please refer to the Special Education Exclusion Checksheet for procedures on exclusion.

***Only the Davenport District’s Board of Directors has the authority to expel or exclude a student from school.

****If the Board of Directors excludes a special needs student, the district will provide some type of alternative services.

Note: A quarterly report will be submitted to the Board of Directors on expulsions, exclusions and alternative placements.

SPECIAL EDUCATION EXCLUSION PROCESS

A special needs student may be referred to the appropriate ASC Administrator for serious violations of the Davenport Community School District’s Discipline Policy $504.1.

Step #1

Prepare your documentation as you would for a regular education student. (Reminder, be sure you follow the 10-day special education ruling regarding the suspension of special education services.)

Step #2

An IEP conference must be held immediately to determine if the handicapping condition is related to the breach of discipline. The required participants in this conference are the parent/guardian, the teacher(s) and the building administrator or designee. The parent/guardian must be notified in writing that this review process is being initiated and they are invited. (Because the exclusion process has to be completed within ten days, it is recommended that parent/guardian be contacted by telephone and asked to waive the required timelines for the IEP review). Be sure to make this notation on the bottom of the proper document.

Make sure the parent/guardian is aware of the purpose of this review and of the possible referral to the ASC administrator.

Step #3

The following questions must be answered in the IEP review (Manifestation Determination):

Question #1   Is the current IEP appropriate?

1. If yes, change nothing at this time
2. If no, generate a new IEP packet

Question #2   Is the student’s current program placement appropriate and is
there an alternative program or service which could be
provided that would meet the needs of the student?

1. Yes, the program is appropriate to meet the academic needs
2. No, there is not need of an alternative program placement

Question #3 Is the student in need of additional evaluation?

1. If yes, stop the IEP conference and plan for
   the necessary evaluation. This evaluation
   should take place at a neutral site. When it is
   completed, the special education staffing team
   should reconvene and readdress the four questions.
2. If no, proceed.

Question #4 Is the behavior related to the student’s handicapping condition?

1. If yes, the student cannot be recommended for exclusion
2. If no, proceed.

Step #4

Proceed as you would in a regular education expulsion (D2) or a disciplinary hearing (D1)