NEPN/NSBA Code:  JKE-R

EXPULSION GUIDELINES 

I. EXPULSION HEARING AND REENTRY 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.  Procedures for Conduct of School Committee Hearing to Expel 

1.  Any discussion, consideration or hearing by the School Committee of suspension or expulsion of a student shall be in executive session. 

2.  The Committee 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. 

3.  The parents/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 (if 18 years of age or older) have been provided prior written notice and failed to appear for the hearing. 

B. Executive Session 

1.  General Rules of Conduct 

A.  he hearing officer (School Committee/designee or Committee attorney) will conduct the hearing. 

B.  Witnesses shall be sequestered in response to a request by either party. 

C.  The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.” 

D.  The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”

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

II. PROCEDURES

A.  The hearing officer will make an opening statement for the record that includes the following: 

• Date of this hearing; 

• Place of hearing; 

• Time of hearing;

• Name of student; 

• Those in attendance for the administration; 

• Those in attendance for the student; and

• Those in attendance for the School Committee; 

B.  The hearing officer will request from the superintendent a copy of the hearing notice, read the hearing notice to the     SchoolCommittee, and include the notice in the record. If no person appears at the hearing on behalf of the parents/guardians or student, the hearing officer will request that the Superintendent confirm that the parents/guardians and student (if age 18 or older) were provided notice of the hearing. 

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

D.  The hearing officer will inform the student and parents/legal guardians of their rights:

•To hear the evidence;

•To cross-examine witnesses; and

•To present witnesses and offer other relevant evidence.

E.  The hearing officer will ask if any member of the Committee finds themselves in a possible conflict of interest situation because they know the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that they could not impartially hear the facts and decide the issues on its merits.

F.   All witnesses shall be sworn in by the hearing officer. Each witness raises their 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.  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.  The administration may ask rebuttal questions after the student finishes questioning. 

J.  Members of the Committee may ask questions at the conclusion of the rebuttal. 

K.  The student may then call their own witnesses to testify, and the student may testify. All witnesses will be sworn. The administration may cross-examine witnesses. The student may ask rebuttal questions. After the rebuttal questions, the Committee 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. The same may then be done by/for the student. 

N.     The School Committee should then deliberate in executive session. The Superintendent, Committee attorney, administration, the student charged, their parents/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. 

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

P.  If the charges are more likely than not supported, the School Committee shall discuss whether a suspension or an expulsion shall be for a specified period of time or for an unspecified period of time.

Q.  The School Committee shall then leave the executive session. 

III. Public Session 

A.  In public session, a member of the School Committee may make a motion to “expel or suspend a student and direct the Superintendent to provide the student and their parents/guardians with the Committee’s finding of fact(s)”. Following a second, the Committee Chair should state the motion and the Committee should vote. If no motion is made to expel or suspend, the student will return to school at the conclusion of the previously-imposed administrative suspension.  If the student is expelled, a member of the Committee shall make a motion as to whether the expulsion shall be for a  specified period of time or for an indefinite period. If the expulsion is for an indefinite period, the Committee may authorize  the Superintendent to develop a reentry plan for the student as described in Section IV below.

B. The Superintendent is responsible for notifying the parents/guardians (and the student if age 18 or older) of the Committee’s  decision.

IV. REENTRY PLAN GUIDELINES

If the Committee expels a student for an unspecified period of time and authorizes the Superintendent to develop a reentry plan, the following steps are required by law.

A.  The Superintendent/designee shall develop the reentry plan in consultation with the student and their parents/legal guardians to provide guidance that helps the student understand what they must do to establish satisfactory evidence that the behavior that results 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 reentry plan.

C.  If the student and the student’s parents/legal guardians do not attend the meeting, the reentry plan must be developed by the Superintendent/designee.

D.  The reentry 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. 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. (See policy JKF for requirements related to students with disabilities.)

E.  The reentry 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 reentry plan at one month, three months and six months after the initial reentry plan meeting and at other times as determined necessary by the designated employee, in consultation with the Superintendent.

Legal Reference:  20-A MRSA §§ 1001 (8A), (9C)

Cross Reference:  JKF -Disciplinary Removals of Students with Disabilities

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Revised: August 14, 2023