5114 - Conduct and Discipline

Students

5114 - Conduct and Discipline

Each student shall learn to respect the rights of others as individuals and as groups. The student shall learn the rules that govern appropriate behavior in his/her school and obey the rules established by the Board for all students in all public schools of the town.

Areas of Responsibility

Board of Education - The Board of Education holds the certified personnel responsible for the proper conduct and control of students while legally under the supervision and jurisdiction of the school.

Principal - The Principal may implement necessary procedures and rules and regulations to render effective the policies of the Board of Education relating to standards of student behavior. The Principal may involve representatives of all areas of school personnel, students, parents, and citizens of the community.

Teachers - Teachers shall be responsible for the instruction of students in rules and regulations of proper conduct, as well as be responsible for proper and adequate control of students. The responsibility and authority of any teacher extends to all students of the school district under the assigned supervision of the teacher and to other students so situated with respect to the teacher as to be subject to the teacher’s control.

Parents - Parents shall be expected to cooperate with school authorities regarding the behavior of their children. Parents shall be held responsible for the willful misbehavior of their children.

I. Definitions

A. Exclusion means any denial of public school privileges to a student for disciplinary purposes.

B. Emergency means a situation in which the continued presence of the student in school poses such a danger to persons or property or a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.

C. School-Sponsored Activity means any activity sponsored, recognized, or authorized by the Board and includes activities conducted on or off school property.

D. Removal means the exclusion of a student for a class period of ninety minutes or less.

E. In-School Suspension means an exclusion from regular classroom activity for no more than ten consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed. No student shall be placed on in-school suspension more than fifteen (15) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion.

F. Suspension means the exclusion of a student from school privileges and/or transportation services for not more than ten (10) consecutive school days, provided such suspension shall not extend beyond the end of the school year in which such suspension is imposed; and further provided no student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless such student is granted a formal hearing as provided below. Suspensions shall be in-school suspensions unless the administration determines for any student in grades three through twelve, inclusive, that (1) the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student shall be excluded from school during the period of suspension, or (2) that an out-of-school suspension is appropriate based on evidence of previous disciplinary problems that have led to suspensions or expulsion of the student and efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive support strategies.

A student in grades preschool through two, inclusive, may be given an out-of- school suspension if it is determined by the administration that such suspension is appropriately based on evidence that the student’s conduct on school grounds is of a violent or sexual nature that endangers persons. In addition, a person’s duty as a mandated reporter to report suspected child abuse or neglect is not limited by this provision.

G. Expulsion means the exclusion from school privileges for any student in grades three to twelve, inclusive, for more than ten (10) consecutive school days. To be expelled, the student's conduct must be found to be both violative of a Board policy and either seriously disruptive of the educational process or endangering persons or property. The expulsion period may extend to the school year following the school year in which the expulsion was imposed. The total duration of a given expulsion shall not extend beyond one calendar year as provided for in state law.

H. School Days shall mean days when school is in session for students.

I. Seriously Disruptive of the Educational Process, as applied to off-campus conduct, means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.

J. School Days shall mean days when school is in session for students.

K. Seriously Disruptive of the Educational Process, as applied to off-campus conduct, means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.

L. Inhalants are defined as including but not limited to the following: Nitrous Oxide (laughing gas, whippets, C02 cartridges); Amyl Nitrate (“Locker Room”, “Rush”, “Poppers”, “Snappers”); Butyl Nitrate (“Bullet”, “Climax”); Chlorohydrocarbons (aerosol paint cans, cleaning fluids); Hydrocarbons (aerosol propellants, gasoline, glue, butane); Difluoroethane; Trifluoroethane; Tetrafluoroethene (“canned air”); Toluene; Acetone; Toluol; Trichloroethylene; Isopropanol; Methanol; Ether; Methyl Cellosolve Acetate; Hexane; Butyl Alcohol; Benzene; Methyl Ethyl Ketone; Cyclohexanone; Pentachlorophenol; Ethyl Acetate; Methyl Isobutyl Ketone; Trichloroethane; Dichlorodifluoromethane.

M. Performance-enhancing Drugs or Substances include anabolic agents or steroids, used for the intent of bodybuilding and muscle enhancement of physical ability and not for a valid medical purpose as defined by a physician, and includes but is not limited to those performance enhancing drugs and substances identified by the Connecticut Interscholastic Athletic Conference (CIAC) comprehensive list, as may be amended from time to time:

(a) Pharmacologic agents (prescription or non-prescription) taken in doses that exceed the recommended therapeutic dose or taken when therapeutic indicators are not present.

(b) Agents used for weight control, including stimulants, diet pills, diuretics, and laxatives, when the user is in a sport that has weight classifications or that rewards leanness.

(c) Agents used for weight gain, including over-the-counter products advertised as promoting increased muscle mass.

(d) Physiologic agents or other strategies used to enhance oxygen-carrying capacity, including erythropoietin and red blood cell transfusions (blood doping).

(e) Any substance used for reasons other than to treat a documented disease state or deficiency.

(f) Any substance that is known to mask adverse effects or detect ability of another performance-enhancing substance; or

(g) Nutritional supplements, including Creatine, taken at “supraphysiologic” doses or at levels greater than required to replace deficits created by a disease state, training program, or participation in sports.

N. Distribution or Sale of Controlled Substances means to deliver, sell, pass, share, or give any alcohol, drug, or mood-altering controlled substance, as defined herein, from one person to another or to aid in its use.

O. Possession of Controlled Substances means to possess or hold any alcohol, drug, or mood altering substance determined to be illegal or otherwise prohibited, on one’s person, in one’s personal belongings, one’s locker, car, backpack, etc.

P. Drug Paraphernalia includes any instrument, utensil, or item which, in the administration’s judgment, can be associated with the use of drugs, alcohol, or mood-altering substances. Examples include but are not limited to roach clips, pipes, bowls, rolling papers, plastic bags of the type used to package and transport narcotics, blunts, and other materials.

Notwithstanding the foregoing, the reassignment of a student from one regular education classroom program in the district to another regular education classroom program in the district shall not constitute a suspension or expulsion.

II. Scope of the Student Discipline Policy 

In accordance with this policy, its regulation and applicable state law, students may be subject to a range of school disciplinary consequences for misconduct committed on or off school grounds. Disciplinary consequences may include removal from class, in school suspension, out of school suspension, suspension from school transportation, loss of school privileges such as, but not limited to, participation in school activities or functions, extracurricular activities and athletics and expulsion from school.

A. Conduct on School Grounds or at a School-Sponsored Activity: Suspension and Expulsion

1. Students may be suspended for conduct on school grounds including remote learning which is considered to be school grounds, or at any school- sponsored activity that endangers persons or property, violates a publicized policy of the Board or is seriously disruptive of the educational process.

2. Students may be expelled for conduct on school grounds, including remote learning, or at any school- sponsored activity that is violative of a publicized policy and is seriously disruptive of the educational process or endangers persons or property. For a student to be expelled, the conduct must both violate a board policy, and either be seriously disruptive of the educational process or endanger persons or property.

B. Conduct off School Grounds: Suspension and Expulsion

1. Students may be suspended or expelled for conduct off school grounds if such conduct is violative of board policy and is seriously disruptive of the educational process. In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration and the Board of Education may consider, but such consideration shall not be limited to the following factors:

(1) whether the incident occurred within close proximity of a school.

(2) whether other students from the school were involved or whether there was any gang involvement.

(3) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in section C.G.S. § 29-38, and whether any injuries occurred; and whether the conduct involved the use of alcohol.

2. In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration and/or the Board of Education may also consider whether such off-campus conduct involved the use of drugs or whether the conduct in question is prohibited by federal or Connecticut state law and would indicate that the student presents a danger to any person in the school community or school property and/or the conduct resulted in an arrest.

3. When considering whether conduct off school grounds is seriously disruptive of the educational process, the term “weapon” means any BB gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument. A weapon such as a pellet gun and/or airsoft pistol may constitute a deadly weapon if such weapon is designed for violence and is capable of inflicting death or serious bodily harm.

C. Mandatory Expulsion 

It shall be the policy of the Board to expel a student, grades preschool, and kindergarten to twelve, inclusive, for one full calendar year if: 

1. The student, on grounds or at a school-sponsored activity, was in possession of a firearm, as defined in 18 U.S.C. 921*, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in C.G.S. 53A-3; or 

2. The Student, off school grounds, did possess such firearm in violation of C.G.S. 29-35 or did possess and use such a firearm, instrument or weapon in the commission of an alleged crime; or 

3. The student, on or off school grounds offered for sale or distribution a controlled substance, as defined in subdivision (9) of C.G.S. 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under C.G.S. 21-277 and 21a-278.Such a student shall be expelled for one calendar year if the Board of Education or impartial hearing board finds that the student did so possess or so possess and use, as appropriate, such a weapon or firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance. 

The Board may modify the period of a mandatory expulsion on a case-by-case basis. 

*A firearm; currently defined by 18 U.S.C. 921, is any weapon that can expel a projectile by an explosive action and includes explosive devices, incendiaries, poison gases, and firearm frames, receivers, mufflers, or silencers. 

A firearm, as defined by C.G.S. 53a-3 includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon, whether loaded or unloaded from which a shot may be discharged, or a switchblade knife, a gravity knife, billy, black jack, bludgeon or metal knuckles. 

A student enrolled in a preschool program provided by the Board shall not be expelled from such school except that a student may be expelled for one calendar year from such preschool program pursuant to the mandatory expulsion requirement in compliance with the Gun-Free School Act, as described in this section above.

D. Permissive Expulsion 

In addition to a mandatory expulsion, students may be subject to permissive expulsions in accordance with II. A. 2. and II. B. 1, 2 and 3 above. The school administration may recommend to the Superintendent of Schools that a student be expelled from school when in the administration’s opinion the student’s conduct warrants expulsion in accordance with this policy. Upon receipt of such a recommendation the Superintendent will determine whether a sufficient basis exists for expulsion from school and if so, the Superintendent will proceed in accordance with Section VII. below. Expulsion Recommendation Procedures and Section VIII. Expulsion Hearing Procedures.

III. Actions Leading to Disciplinary Action

Conduct which may lead to disciplinary action (including but not limited to suspension and/or expulsion) includes conduct on school grounds, including remote learning, or at a school-sponsored activity, and conduct off school grounds, as set forth above. Such conduct includes, but is not limited to, the following:

1. Striking or assaulting a student, members of the school staff or other persons.

2. Theft.

3. The use of obscene or profane language or gestures.

4. Violation of smoking; dress; transportation regulations, or other regulations and/or policies governing student conduct.

5. Refusal to obey a member of the school staff, school security officers or law enforcement authorities, or disruptive classroom behavior.

6. Any act of harassment based on an individual’s sex, sexual orientation, gender identity or expression, race, color, religion, disability, national origin or ancestry or membership in another legally protected class.

7. The sending, sharing, viewing, or possessing pictures, emails, or other material of a sexual nature in any form including in electronic form such as on a cell phone or other electronic device.

8. Refusal by a student to identify himself/herself to a staff member when asked.

9. A walk-out from or sit-in within a classroom or school building or school grounds.

10. Blackmailing, threatening, harassing, or intimidating school staff or students.

11. Possession of any weapon, weapon facsimile, deadly weapon, pistol, knife, blackjack, bludgeon, box cutter, metal knuckles, bb gun, soft air pistol, pellet gun, explosive device, firearm, whether loaded or unloaded, whether functional or not, or any other dangerous object, except that students may bring such devices or objects to school for educational reasons provided that the teacher in charge of the program in which such object would be used as a teaching resource has received prior written approval of the Principal and provision has been made to preclude the object being used for any other purpose.

12. Unauthorized entrance into any school facility or portion of a school facility or aiding or abetting an unauthorized entrance.

13. Possession or ignition of any fireworks or other explosive materials, or ignition of any material causing a fire.

14. Unauthorized possession, sale, distribution, use or consumption of tobacco, drugs, narcotics, or alcoholic beverages. For the purposes of this Paragraph 13, the term “drugs” shall include, but shall not be limited to, any medicinal preparation (prescription and non-prescription) and any controlled substance whose possession, sale, distribution, use or consumption is illegal under state and/or federal law, including but not limited to inhalants and other volatile substances as well as performance-enhancing drugs as defined and otherwise prohibited herein.

15. Inhalation, ingestion, application, use, possession or distribution of any abusable glue, aerosol paint or substance containing a volatile chemical with intent to inhale, ingest, apply or use (or cause another person to inhale, ingest, apply or use) any of these in a manner (1) contrary to the directions for use, cautions or warnings appearing on a label of a container of the glue, paint aerosol or other substance, including but not limited to “canned air”; and (2) designed to affect the central nervous system, create or induce a condition of intoxication, hallucination or elation, or change, distort, or disturb the person’s eyesight, thinking process, balance or coordination.

16. Unauthorized possession, sale, distribution, use or consumption of performance- enhancing drugs, including anabolic steroids and food supplements, including but not limited to Creatine, by students involved in school-related athletics or any co- curricular or extra-curricular school activity/program, other than for a valid medical purpose as documented by a physician.

17. Possession of paraphernalia used or designed to be used in the consumption, sale or distribution of drugs, alcohol, or tobacco, as described in subparagraph (14) above.

18. The destruction of real, personal, or school property or property of staff members or other students, such as, cutting, defacing or otherwise damaging property in any way.

19. Accumulation of offenses such as school and class tardiness, school, class, or study hall cutting, or failure to attend detention.

20. Trespassing on school grounds while on out-of-school suspension or expulsion.

21. Making bomb threats or other threats to the safety of students, staff members, and/or other persons, or engaging in a plan to stage or create a violent situation at school for the purpose of creating fear, disruption or actual danger to students and staff.

22. Defiance of school rules and the valid authority of teachers, supervisors, administrators, other staff members and/or law enforcement authorities.

23. Unauthorized and/or reckless and/or improper operation of a motor vehicle on school grounds or at any school-sponsored activity.

24. Leaving school grounds, school transportation vehicle or a school-sponsored activity without authorization.

25. Using or copying academic and/or published work of another, including, but not limited to written material published on the Internet, and presenting it as his/her own without proper attribution.

26. Unauthorized use of any school computer, computer system, computer software, Internet connection or similar school property or system, or the use of such property or system for unauthorized or non-school related purposes.

27. Violating the District’s Acceptable Use of Technology Agreement /Internet for use of school technology and privately owned devices.

28. Possession and/or use of a cellular telephone, radio, portable audio player, CD player, blackberry, personal data assistant, walkie-talkie, Smartphone, mobile or hand-held devices, tablets or computers or similar electronic devices on school grounds or at a school-sponsored activity in violation of Board policy and/or administrative regulations pertaining to the use of such devices.

29. Inappropriate displays of public affection of a sexual nature and/or sexual activity on school grounds, or at a school sponsored activity.

30. Possession and/or use of a laser pointer.

31. Hazing, bullying, stalking, teen dating violence, sexual harassment or assault, or discriminatory harassment of students or staff.

32. Intentional and successful incitement of truancy by other students.

33. The taking, disseminating, transferring, or sharing of obscene, pornographic, lewd, or otherwise illegal images or photographs, whether by electronic data transfer or otherwise (commonly called sexting).

34. Any conduct, on or off school grounds, or any other violation of school rules or regulations or a series of violations which makes the presence of the student in school seriously disruptive of the educational process and/or a danger to persons or property.

35. Any action prohibited by any Federal or State law which would indicate that the student presents a danger to any person in the school community or school property.

IV. Removal from Classroom

A student may be removed from class by a teacher or administrator if he/she deliberately causes a serious disruption of the educational process. When a student is removed, the teacher must send him/her to a designated area and notify the Principal or his/her designee at once. A student may not be removed from class more than six times in one school year nor more than twice in one week unless the student is referred to the building Principal or designee and granted an informal hearing at which the student should be informed of the reasons for the disciplinary action and given an opportunity to explain the situation.

V. Exclusion from Co-Curricular and Extra-Curricular Activities

Participation in co-curricular and extra-curricular activities is a privilege and not an entitlement. Students involved in such programs are expected to follow all school rules and demonstrate good citizenship. Failure to do so may result in partial or complete exclusion from said activities and programs. Activities include, but are not limited to, athletic programs, musical or drama productions, clubs, dances, field trips, and school trips out-of-state and abroad. When deemed appropriate by school administration, disciplinary action may be taken instead or in addition to exclusion from activities or programs.

VI. Procedures Governing Suspension-In and Out of School Suspensions 

The administration of each school shall have the authority to invoke an out of school suspension for a period of up to ten school days or to invoke in-school suspension for a period of up to ten school days of any student for one or more of the reasons stated above at III. Actions Leading to Disciplinary Action, in accordance with the procedure outlined in this paragraph. Suspensions shall be in-school suspensions unless for a student in grades three to twelve, inclusive, the administration determines that (1) the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student shall be excluded from school during the period of suspension, or 2) the administration determines that an out-of-school suspension is appropriate for such student based on evidence of (i) previous disciplinary problems that have led to suspensions or expulsion of such pupil, and (ii) efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive behavioral support strategies, or (3) grades preschool to two, the administration determines that an out-of-school suspension is appropriate based on evidence that the student’s conduct on school grounds is of a violent or sexual nature that endangers persons. The administration is expected to use the guidelines developed and promulgated by the Commissioner of Education to help determine whether a student should receive an in-school or out-of-school suspension. The administration shall also have the authority to suspend a student from transportation services whose conduct while awaiting or receiving transportation violates the standards set forth above in this policy.

A. When suspension of a student is deemed by administration to be an appropriate disciplinary consequence, the following procedures shall be followed:

Unless an emergency situation exists, no student shall be suspended prior to:

1. having an informal hearing before the Principal or designee at which the student is informed of the reasons for the disciplinary action and given an opportunity to respond. In the event of an emergency, the informal hearing shall be held as soon after the suspension as possible.

2. Evidence of past disciplinary problems which have led to removal from a classroom, suspension, or expulsion of a student who is the subject of an informal hearing may be received by the Principal, but only considered in the determination of the length of suspensions.

3. For any student who is suspended for the first time and who has never been expelled from school, the Principal or designee may shorten or waive the suspension period if the student successfully completes a program specified by the administration and meets any conditions specified by the administration. Such program specified by the administration may not require the student or parent or guardian of the student to pay for participation in the program.

4. By telephone, the Principal or designee shall make reasonable attempts to immediately notify the parent or guardian of a student following the suspension and state the cause(s) leading to the suspension.

5. Whether or not home contact is made with the parent or guardian of such student, the Principal or designee shall forward a letter promptly to such parent or guardian to the last address reported on school records (or to a newer address if known by the Principal or designee), offering the parent or guardian an opportunity for a conference to discuss same.

6. Notice of the original suspension shall be transmitted by the Principal or designee to the Superintendent of Schools or designee not later than 24 hours after the suspension.

7. The student shall be allowed to complete any classwork, including examinations, without penalty, which he or she missed while under suspension.

8. Notice of the suspension shall be recorded in the student’s cumulative educational record. Such notice shall be expunged from the cumulative educational record by the Board if the student graduates from high school. In the case of a pupil whose suspension period is shortened or waived, notice of the suspension shall be expunged from the cumulative educational record either upon the student’s graduation from high school or, at the discretion of the administration, at the time the student completes the program specified by the administration and meets any other conditions required by the administration, whichever is earlier.

9. No student shall be placed on in-school suspension more than fifteen times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless a formal hearing.

10. In cases where the student’s suspension will result in the student being suspended, more than ten (10) times or fifty (50) days in a school year, whichever results in fewer days of exclusion, the student shall, prior to suspension, be granted a formal hearing before the Board of Education. The Principal or designee shall report the student to the Superintendent or designee and request a formal Board hearing.

11. The decision of the Principal or designee with regard to disciplinary actions up to and including suspensions shall be final.

VII. Expulsion Recommendation Procedure

A. A Principal may consider recommendation for expulsion of a student in a case where he/she has reason to believe the student has engaged in conduct described at sections IIA and IIB above.

B. A Principal must recommend, and it shall be the policy of the Board to expel any student kindergarten to twelve, inclusive, for one calendar year in all cases where the administration has reason to believe that a student:

1. Was in possession on school grounds or at a school-sponsored activity of a deadly weapon, dangerous instrument, martial arts weapon, (as defined in in C.G.S. 53a-53), or firearm as defined in 18 USC 921 as amended from time to time; or

2. 18 Off school grounds, possessed a firearm as defined in 18 USC 921, in violation of C.G.S. 29-35, or possessed and used a firearm as defined in 18 USC 921, a deadly weapon, a dangerous instrument or a martial arts weapon in the commission of a crime under section 952 of the Connecticut General Statutes; or

3. Was engaged on or off school grounds in offering for sale or distribution a controlled substance (as defined in C.G.S. §21a-240(9)), whose manufacturing, distribution, sale, prescription, dispensing, transporting, or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under C.G.S. §§21a-277 and 21a-278.

4. A preschooler may be expelled for possession of a firearm, as defined in 18 USC 921, as amended from time to time, on or off school grounds or at a preschool program-sponsored event. Such child shall be expelled for one calendar year if, at the expulsion hearing it is determined, that the child did so possess such a firearm. The Board may modify the period of expulsion for a child on a case-by-case basis.

5. The following definitions shall be used in this section:

a. A “firearm” as defined in 18 USC 921 means;

(a) any weapon that will, is designed to, or may be readily converted to expel a projectile by the action of an explosive,

(b) the frame or receiver of any such weapon,

(c) a muffler or silencer, or any destructive device. As used in this definition, a “destructive device” includes any explosive, incendiary, or poisonous gas device, including a bomb, a grenade, a rocket having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or a similar device; or any weapon (other than a shotgun or shotgun shell particularly suited for sporting purposes) that will or may be converted to expel a projectile by explosive or other propellant having a barrel with a bore of more than “½” in diameter.

The term “destructive device” does not include: an antique firearm; a rifle intended to be used by the owner solely for sporting, recreational, or cultural purposes; or any device which is neither designed nor redesigned for use as a weapon

(d) “Deadly weapon” means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.

(e) “Dangerous instrument” means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a “vehicle”.

(f) “Martial arts weapon” means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or Chinese star.

(g) When considering whether conduct off school grounds is seriously disruptive of the educational process, the term “weapon” means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument. A weapon such as a pellet gun and/or airsoft pistol may constitute a deadly weapon if such weapon is designed for violence and is capable of inflicting death or serious bodily harm.

C. Upon receipt of an expulsion recommendation, the Superintendent may conduct an inquiry concerning the expulsion recommendation.

If the Superintendent or his/her designee determines that a student should or must be expelled, he or she shall forward his/her recommendation to the Board of Education so that the Board of Education can consider and act upon this recommendation.

D. A student enrolled in a preschool program provided by the Board of Education, state or local charter school or interdistrict magnet school shall not be expelled from such school except that a student shall be expelled for one calendar year from such preschool program pursuant to the mandatory expulsion requirement in compliance with the Gun-Free School Act.

VIII. Expulsion Hearing Procedure

A. Emergency Exception

Except in an emergency situation, the Board of Education shall, prior to expelling the student, conduct a hearing to be governed by the procedures outlined herein. Whenever an emergency exists, the hearing provided for above shall be held as soon as possible after the expulsion.

B. Hearing Panel

1. Expulsion hearings conducted by the Board will be heard by any three or more Board members. A decision to expel a student must be supported by a majority of the Board members present, provided that no less than three affirmative votes to expel are cast.

2. Alternatively, the Board may appoint an impartial hearing board composed of one or more persons to hear and decide the expulsion matter, provided that no member of the Board may serve on such panel.

C. Notice

1. Written notice of the expulsion hearing must be given to the student, and, if the student is a minor to his/her parent(s) or guardian(s) a reasonable time prior the time of the hearing.

2. The written notice of the expulsion hearing shall inform the student of the following:

a. The date, time, and location of the hearing.

b. A short, plain description of the conduct alleged by the administration.

c. An explanation of the legal rights of the student and parent including the right of the student to be represented by any third party of his/her choice, including an attorney or advocate, at his/her expense or at the expense of his/her parents. The student may be able to obtain free or reduced cost legal services if eligible for such services, and how to access such services.

d. The conditions under which the Board is not legally required to give the student an alternative educational opportunity (if applicable).

D. Hearing Procedures

1. All hearings will be held in person.  No hearings will be held remotely.

2. The hearing will be conducted by the Presiding Officer, who will call the meeting to order, introduce the parties, Board members and counsel, briefly explain the hearing procedures, and swear in any witnesses called by the administration or the student.

3. The hearing will be conducted in executive session. A verbatim record of the hearing will be made, either by tape recording or by a stenographer.

4. Formal rules of evidence will not be followed. The Board has the right to accept hearsay and other evidence if it deems that evidence relevant or material to its determination. The presiding officer will rule on testimony or evidence as to it being immaterial or irrelevant.

5. The hearing will be conducted in two parts. In the first part of the hearing, the Board will receive and consider evidence regarding the conduct alleged by the administration.

6. In the first part of the hearing, the charges will be introduced into the record by the Superintendent or his/her designee.

7. Each witness for the administration will be called and sworn. After a witness has finished testifying, he/she will be subject to cross-examination by the opposite party or his/her legal counsel and by Board members.

8. After the Administration has presented its case, the student will be asked if he/she has any witnesses or evidence to present. If so, the witnesses will be sworn, will testify, and will be subject to cross examination and to questioning by the Board. The student may also choose to make a statement at this time. If the student chooses to make a statement, he or she will be sworn and subject to cross examination and questioning by the Board. Concluding statements will be made by the administration and then by the student and/or his or her representative.

9. In cases where the respondent has denied the allegation, the Board must determine whether the respondent committed the offense(s) as charged by the Superintendent.

10. If the Board determines that the student has committed the conduct as alleged, then the Board shall proceed with the second portion of the hearing, during which the Board will receive and consider evidence regarding the length and conditions of expulsion.

11. When considering the length and conditions of expulsion, the Board may review the student’s attendance, academic and past disciplinary records. The Superintendent will make a recommendation as to the discipline to be imposed.

12. Evidence of past disciplinary problems which have led to removal from a classroom, suspension or expulsion of a student being considered for expulsion may be considered only during the second portion of the hearing, during which the Board is considering length of expulsion and nature of alternative educational opportunity to be offered, unless the conduct alleged by the administration to support a request for expulsion is a continuing course of conduct occurring over a specified period of time.

13. For any student expelled for the first time who has never before been suspended from school, the Board may shorten the length of the expulsion or waive the expulsion period if the student successfully completes a program specified by the Board and meets any other conditions imposed by the Board. Such Board specified program shall not require the student or the parent or guardian of the student to pay for participation in the program.

14. Where administrators presented the case in support of the charges against the student, such administrative staff shall not be present during the deliberations of the Board either on questions of evidence or on the final discipline to be imposed. The Superintendent may, after reviewing the incident with administrators, and reviewing the student’s records, make a recommendation to the Board as to the appropriate discipline to be applied.

15. The Board shall make findings as to the truth of the charges, if the student has denied them, and, in all cases, the disciplinary action, if any, to be imposed. The Board shall report its final decision in writing to the student, or if such student is a minor, also to the parent(s) or guardian(s), stating the reasons on which the decision is based, and the disciplinary action to be imposed. Said decision shall be based solely on evidence presented at the hearing.

IX. Board Policy Regarding Mandatory Expulsions

A. In keeping with C.G.S. §l0-233d and the Gun Free Schools Act, it shall be the policy of the Board to expel a student for one full calendar year for: the conduct described in Section VH(B)(1), (2) and (3) of this policy. The Board may modify the term of expulsion on a case-by-case basis.

X. Alternative Educational Programs for Expelled Students

A. Students under sixteen (16) years of age:

Whenever the Board of Education expels a student under sixteen years of age, it shall offer any such student an alternative educational program.

B. Students sixteen (16) to eighteen (18) years of age:

The Board of Education will provide an alternative education to a sixteen to eighteen year old student expelled for the first time if he/she requests it and if he/she agrees to the conditions set by the Board of Education, except as follows. The Board of Education is not required to offer an alternative program to any student between the ages of sixteen and eighteen who is expelled for the second time.

C. Students eighteen (18) years of age or older

The Board of Education is not required to offer an alternative educational program to expelled students eighteen years of age or older.

D. Students Identified as Eligible for Services Under the Individuals with Disabilities Education Act (“IDEA”)

If the Board of Education expels a student who has been identified as eligible for services under the Individuals with Disabilities Education Act (“IDEA”), it shall offer an alternative educational program to such student in accordance with the requirements of IDEA, as it may be amended from time to time.

XI. Notice of Student Expulsion on Cumulative Record

A. Notice of expulsion and the conduct for which the student was expelled shall be included on the student’s cumulative educational record. Such notice, except for notice of an expulsion based upon possession of a firearm or deadly weapon, shall be expunged from the cumulative educational record by the Board if the student graduates from high school. In the case of a student for whom the length of the expulsion period is shortened or for whom the expulsion period is waived as a result of a first-time expulsion with no previous suspension on record, such notice shall be expunged from the student’s cumulative educational record by the Board, at the Board’s sole discretion, either

(a) when the student graduates from high school, or

(b) at the time the student completes the program specified by the Board and meets any other conditions required by the Board, whichever is earlier.

B. Change of Residence During Expulsion Proceedings

Student moving into the school district:

1. If a student enrolls in the district while an expulsion hearing is pending in another district, such student shall not be excluded from school pending completion of the expulsion hearing unless an emergency exists, as defined above. The Board shall retain the authority to suspend the student or to conduct its own expulsion hearing.

2. Where a student enrolls in the district during the period of expulsion from another school district, the Board may adopt the decision of the student expulsion hearing conducted by such other school district. The Board shall make its determination based upon a hearing held by the Board which shall be limited to a determination of whether the conduct which was the basis of the expulsion would also warrant expulsion by the Board.

Student moving out of the school district:

Where a student withdraws from school after having been notified that an expulsion hearing is pending, but before a decision has been rendered by the Board, the notice of the pending expulsion hearing shall be included on the student’s cumulative record and the Board shall complete the expulsion hearing and render a decision. If the Board subsequently renders a decision to expel the student, a notice of the expulsion shall be included on the student’s cumulative- record.

XII. Procedures Governing Suspension and Expulsion of Students Identified as Eligible for Services under the Individuals with Disabilities Education Act (“IDEA”)

A. Suspension of IDEA students:

Notwithstanding the foregoing, if the administration suspends a student identified as eligible for services under the IDEA, as reauthorized in 2004, (an “IDEA student”) who has engaged in conduct that violated any rule or code of conduct of the school district that applies to all students, the following procedures shall apply:

1. The administration shall not later than the date on which the decision to take disciplinary action is made, notify the parents of the student of the decision to suspend and a copy of the special education procedural safeguards must either be hand delivered or sent by mail to the parents on the date that the decision to suspend was made.

2. During the period of suspension, the school district is not required to provide any educational services to the IDEA student beyond that which is provided to all students suspended by the school district, unless the suspension constitutes a change in placement as defined below in subsection.

B. Expulsion and Suspensions that Constitute Changes in Placement for IDEA Students

Notwithstanding any provision to the contrary, if the administration recommends for expulsion an IDEA student who has engaged in conduct that violated any rule or code of conduct of the school district that applies to all students, the procedures described in this section shall apply. The procedures described in this section shall also apply for students whom the administration has suspended in a manner that is considered under the IDEA, as it may be amended from time to time, to be a change in placement:

1. The parents of the student must be notified of the decision to suspend on the date on which the decision to suspend was made, and a copy of the special education procedural safeguards must either be hand-delivered or sent by mail to the parents on the date that the decision to suspend was made or as soon as practicable thereafter.

2. The school district shall immediately convene the IEP team, but in no case later than ten (10) school days after the recommendation for expulsion or the suspension which constitutes a change in placement was made. The relevant members of the student’s IEP team shall consider the relationship between the student’s disability and the behavior that led to the recommendation for expulsion or the suspension which constitutes a change in placement, in order to determine whether the student’s behavior was a direct manifestation of his/her disability.

3. If the IEP team finds that the behavior was a direct manifestation of the student’s disability, the administration shall not proceed with the recommendation for expulsion. The IEP team shall consider the student’s misconduct and revise the IEP to prevent a recurrence of the misconduct and to provide for the safety of other students and staff.

4. If the IEP team finds that the behavior was not a manifestation of the student’s disability, the administration may proceed with the recommended expulsion or suspension that constitutes a change in placement.

5. During any period of expulsion, or suspension of greater than ten (10) days per school year, the administration shall provide the student with an alternative education program in accordance with the provisions of the IDEA.

6. The special education records and disciplinary records of the student must be transmitted to the individual(s) who will make the final determination regarding a recommendation for expulsion or a suspension that results in a change in placement.

7. The District has the authority, on a case-by-case basis, to determine whether the student should be removed from the classroom and placed in an alternative setting, pending a manifestation determination.

8. School personnel may remove a disabled student who has violated the conduct code from his/her current placement for up to 10 school days without a hearing.

C. Transfer of IDEA students for Certain Offenses:

School personnel may transfer an IDEA student to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the student:

1. Was in possession of a dangerous weapon, as defined in 18 U.S.C.930(g)(2), as amended from time to time, on school grounds or at a school- sponsored activity, or

2. Knowingly possessed or used illegal drugs or sold or solicited the sale of a controlled substance while at school or at a school-sponsored activity; or

3. Inflicted serious bodily injury to another person at school, on school premises or at a school function.

As used in this subsection XII.C, the term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2.5 inches in length.

The term “serious bodily injury” means a substantiated risk of death, extreme physical pain, protracted loss, or impairment of the function of a bodily member, organ, or mental faculty.

XIII. Procedures Governing Suspension and Expulsion of Students Identified as Eligible for Educational Accommodations under Section 504 of the Rehabilitation Act of 1973

A. Expulsion of Students Identified as Eligible for Educational Accommodations Under Section 504 of the Rehabilitation Act of 1973:

Notwithstanding any provision to the contrary, if the administration recommends for expulsion a student identified as eligible for educational accommodations under Section 504 of the Rehabilitation Act of 1973 (a “Section 504 Student”) who has engaged in conduct that violated any rule or code of conduct of the school district that applies to all students, the following procedures shall apply:

1. The parents of the student must be notified of the decision to recommend the student for expulsion.

2. The district shall immediately convene the student’s Section 504 team (504 team), for the purpose of reviewing the relationship between the student’s disability and the behavior that led to the recommendation for expulsion, in order to determine whether the student’s behavior was a manifestation of his/her disability.

3. If the 504 team finds that the behavior was a manifestation of the student’s disability, the administration shall not proceed with the recommendation for expulsion. The 504 team shall consider the student’s misconduct and revise the 504 plan to prevent a recurrence of the misconduct and to provide for the safety of other students and staff.

4. If the 504 team finds that the behavior was not a manifestation of the student’s disability, the administration may proceed with the recommendation for expulsion.

XIV. Notification to Parents or Guardian

A. The parents or guardian of any minor student either expelled or suspended or removed from class shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of the period of expulsion, suspension or removal from class.

B. The Superintendent of Schools shall forward to the student concerned and his/her parents, or the student if he/she has attained the age of 18, a copy of this Board policy on student discipline at the time the Superintendent sends out the notice that an expulsion hearing will be convened.

XV. Early Readmission

An expelled student may apply for early readmission to school. The Board delegates the authority to make decisions on readmissions to the Superintendent. Students desiring readmission to school shall direct such readmission requests to the Superintendent. The Superintendent has the discretion to approve or deny such readmission requests and may condition readmission on specified criteria. The Superintendent’s decision is final and not appealable to the Superior Court.

XVI. Dissemination of Student Conduct and Discipline Policy

The Board of Education shall, at the beginning of each school year and at such other times as it may deem appropriate, provide for an effective means of informing all students, parent(s) and or guardian(s) of this policy.

XVII. Compliance with Reporting Requirements

1. The Board of Education shall report all suspensions and expulsions to the State Department of Education.

2. If the Board of Education expels a student for sale or distribution of a controlled substance, the Board shall refer such student to an appropriate state or local agency for rehabilitation, intervention or job training and inform the agency of its action.

3. If the Board of Education expels a student for possession of a deadly weapon or firearm, as defined in C.G.S. §53a3, the violation shall be reported to the local police.

Legal Reference:

Connecticut General Statutes

4-176e through 4-180a. Contested Cases. Notice. Record, as amended

10-74j Alternative education (PA 15-133)

10-222d Safe school climate plans. Definitions. Safe school climate assessments.

10-233a through 10-233f Suspension, removal and expulsion of students, as amended by PA 95-304, PA 96-244, PA 98-139, PA 07-66, PA 07-122, PA 08-160, PA 09-82, PA 09-6 (September Special Session), PA 10-111, PA 11-126, PA 14-229, PA 15-96, PA 16-147, PA 17-220 and PA 19-91.

10-233l Expulsion and suspension of children in preschool programs

19a-342a Use of electronic nicotine delivery system or vapor product prohibited.

29-38 Weapons in vehicles

53a-3 Definitions.

53a-217b Possession of Firearms and Deadly Weapons on School Grounds.

53-344b Sale and delivery of electronic nicotine delivery system or vapor products to minors.

53-206 Carrying of dangerous weapons prohibited.

PA 15-96 An Act Prohibiting Out-of-School Suspensions and Expulsions for Students in Preschool and Grades Kindergarten to Two.

Kyle P. Packer PPA Jane Packer v. Thomaston Board of Education.

Federal law

GOALS 2000: Educate America Act, Pub. L. 103-227.

Title III - Amendments to the Individuals with Disabilities Education Act. Sec. 314 (Local Control Over Violence)

Elementary and Secondary Act of 1965 as amended by the Gun Free Schools Act of 1994

P.L. 105-17 The Individuals with Disabilities Act, Amendments of 1997.

P.L. 108-446 The Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1400 et seq.

18 U.S.C. §921 – Definitions of “firearms”

18 U.S.C. §930(g)(2) – Definition of “dangerous weapon”

18 U.S.C. §1365(h)(3) – Identifying “serious bodily injury”

21 U.S.C. §812(c) – Identifying “controlled substances”

Title III - Amendments to the Individuals with Disabilities Education Act Sec. 314 (Local Control Over Violence)

Elementary and Secondary, Education Act of 1965 as amended by the Gun Free Schools Act of 1994.

20 U.S.C. Section 7114, No Child Left Behind Act

Policy adopted: March 28, 2013 WINDSOR LOCKS PUBLIC SCHOOLS

Policy revised: March 24, 2016, April 8, 2021, November 14, 2024        Windsor Locks, Connecticut

Students

R5114 - Suspension and Expulsion/Due Process

Suspension

When the Principal or designee has determined that there is cause for suspension of a student, the following procedures shall be observed:

1. The student shall be given a hearing before the Principal or designee, at which time the allegation of misconduct against the student will be stated and the student will be given an opportunity to respond to the allegation. This hearing must be granted except when an emergency situation exists, in which case the hearing must be held as soon after the suspension as possible. Nothing in the informal hearing shall be taken to prevent a more formal hearing from being held if the circumstances warrant.

2. The Principal or designee may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, suspension, or expulsion of the student.

3. The Principal or designee shall make every possible attempt to reach the parent or guardian of the student stating the allegations against the student and the terms and conditions of the suspension.

4. Whether the telephone contact is made or not the Principal or designee shall forward a letter to the parent or guardian at the last known address according to school records (unless a newer address is determined) not later than twenty four hours of the suspension, and offering the parent or guardian the opportunity for a conference to discuss the suspension.

5. Notice of the suspension shall be transmitted by the Principal to the Superintendent of Schools on an incident report within twenty-four hours of the commencement of the suspension.

6. Following a conference with the Principal or designee the parent or guardian may request the Superintendent to review the Principal's decision. Such review shall be completed, and a written report issued to the student and parent or guardian within three (3) days of the receipt of such request. In examining the Principal's decision to suspend, the Superintendent shall obtain oral or written statements from the Principal or designee, the student, and the person(s) who witnessed and reported the incident(s) which resulted in the suspension. The Superintendent may call all concerned parties together for a conference and take whatever other action is needed to determine the true facts of the matter.

7. If a student is eighteen or older, any notice required by Board policy and this regulation shall be given to the student.

8. Textbooks and homework are to be provided each student for the duration of the suspension period and the student shall be allowed to complete any classwork, including examinations, without penalty, which was missed during suspension.

9. The Superintendent shall report any unusually serious cases of student suspension to the Board of Education at the first meeting following such action.

10. Notice of a suspension for conduct endangering persons or property or seriously disruptive of the educational process and a description of the conduct leading to such suspension shall be included on the student's cumulative educational record. Such notice shall be expunged from the cumulative record by the Board if the student graduates from high school, except if such notice of expulsion is based on possession of a firearm or deadly weapon.

11. Suspensions shall be in-school suspensions unless the administration (1) determines that the student being suspended poses such a danger to persons or property or such a disruption of the educational process that the student shall be excluded from school during the period of suspension or (2) that an out-of-school suspension is appropriate based on evidence of previous disciplinary problems that have led to suspensions or expulsion of the student and efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive support strategies.

A student in grades preschool through grade two, inclusive, may be given an out-of- school suspension if it is determined by the administration that such suspension is appropriate based on evidence that the student’s conduct on school grounds is of a violent or sexual nature that endangers persons.

12. The administration will use the guidelines developed and promulgated by the Commissioner of Education to help determine whether a student should receive an in- school or out-of-school suspension.

13. In-school suspension will be served in the school attended by the student.

14. For any student who is suspended for the first time and who has never been expelled, the school administration may shorten the length of or waive the suspension period if the student successfully completes an administration-specified program and meets any other administration-required conditions. Such program shall be at no expense to the student or his/her parents/guardians.

The foregoing procedure will be followed unless the student has had a total of ten (10) suspensions during the current school year, or has been suspended for a total of fifty (50) days during the current school year or twenty (20) days in a given semester. If the student's proposed suspension would exceed either figure the suspension shall not take effect until so ordered by the

Board of Education after a formal hearing such as that required for expulsion. If the Principal has reason to believe that the student's conduct endangers persons or property, is seriously disruptive of the educational process or is in violation of a Board policy, expulsion may be recommended.

Expulsion

The Board of Education or an impartial hearing board, as defined in C.G.S. 10-233d, may expel any student whose conduct on school grounds or at a school sponsored activity violates a publicized policy of the Board and is seriously disruptive of the educational process or endangers persons or property. A student's conduct off school grounds may be considered for expulsion if such conduct is seriously disruptive of the educational process and violative of a publicized Board policy.

In making a determination as to whether conduct is “seriously disruptive of the educational process,” the administration, Board of Education or impartial hearing board may consider, but such consideration shall not be limited to; (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon as defined in Section 29-38 and whether any injuries occurred, and (4) whether the conduct involved the use of alcohol.

The procedures leading to expulsion are as follows:

1. Requests for expulsion are to be directed to the Board of Education through the Superintendent of Schools.

2. Upon receipt of an expulsion request the Superintendent will conduct an inquiry within two (2) school days.

3. If after the inquiry the Superintendent or designee determines that the student ought to be expelled, the Superintendent shall forward such request to the Board of Education within five days after receipt of the request to expel.

4. Except in an emergency situation requiring the student's immediate removal, the Board shall conduct a hearing to be governed by the following procedures:

A. A student who has reached the age of majority or a minor student’s parent or legal guardian must be given written notice at least five days prior to the date of the hearing.

B. The notice shall contain:

• The date, time, and place of the scheduled hearing.

• The details of the grounds for the expulsion

• A statement of the student's rights including the right to have an individual of the student’s choosing represent him/her at the hearing, including legal counsel and the right to have the expulsion hearing postponed for up to one week to allow time to obtain representation.

• A statement concerning legal services provided free of charge or at a reduced rate that are available locally and how to access such services.

C. At the hearing, the student shall have the right to make open and closing statements and present argument, to testify, and produce witnesses and other evidence in his/her defense including the submission of written documentation.

D. A student may be represented by any third party of his/her choice, including an attorney.

E. A student is entitled to the services of a translator, to be provided by the Board of Education, whenever the student or his/her parent or legal guardian do not speak the English language.

F. The Board or impartial hearing panel shall keep verbatim record of the hearing and the student or his/her parent or legal guardian shall be entitled to a copy of that record at his/her own expense.

G. The Board or impartial hearing panel shall report its final decision in writing to the student, stating the reasons on which the decision is based, and the penalty to be imposed. Said decision shall be based on evidence produced and derived at the hearing.

H. A student who has reached the age of majority or the parent or guardian of a minor student shall be provided a copy of the Board’s written decision time in accordance with the Uniform Administrative Procedure Act. This shall not prevent the Board from rendering an oral decision at the time of the close of the hearing.

I. Whenever an emergency exists, the hearing provided for in the above procedure shall be held as soon as possible after the expulsion.

5. Whenever the Board of Education or impartial hearing panel expels a student it shall offer an alternative education program in accordance with state law. An alternative educational opportunity shall be offered to expelled students under the age of sixteen. Any expelled student who is between the ages of sixteen (16) and eighteen (18) not previously expelled and who wishes to continue his or her education shall be offered such an alternative educational opportunity if he or she complies with conditions established by the Board of Education. A student age 17 or older may be placed in an adult education program as an alternative educational opportunity. Any student participating in an adult education program during a period of expulsion shall not be required to withdraw from school under C.G.S. 10-184. Any parent or guardian of such student who does not choose to have his or her child enrolled in an alternative educational opportunity shall not be subject to the provision of Section 10-184 of the Connecticut General Statutes regarding mandatory school enrollment. Any special education student expelled for a misconduct not caused by the student's disability must be offered an alternative educational opportunity consistent with the student's needs during the period of expulsion. The Board is not obligated by law to provide an alternative educational opportunity to any student eighteen years of age or older.

6. If the Board expels a student for the sale or distribution of a controlled substance, the Board shall refer the student to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and shall inform the agency of its action.

7. If a student is expelled for possession of a firearm, deadly weapon, dangerous instruments (those that can be used to cause death or serious injury) or martial arts weapons the Board shall report the violation to the local police department.

8. The alternative educational opportunity offered to expelled students shall be equivalent to alternative education, as defined, by C.G.S. 10-74j with an individualized learning plan, (1) if the Board provides such alternative education, or (2) in accordance with the standards adopted by the State Board of Education, which includes the kind of instruction to be provided and the number of hours to be provided, during the period of expulsion.

9. Notice of the expulsion and the conduct for which the student was expelled shall be included on the student's cumulative educational record. Such notice shall be expunged from the cumulative educational record by the Board if the student graduates from high school unless the expulsion notice is based on possession of a firearm or deadly weapon.

10. The Board may adopt the decision of a student expulsion hearing conducted by another school district provided such Board of Education held a hearing pursuant to C.G.S. 10- 233d(a). Adoption of such a decision shall be limited to a determination of whether the conduct that formed the basis for the expulsion would also warrant expulsion under the policies of this Board. The student shall be excluded from school pending such hearing. The excluded student shall be offered an alternative education opportunity in accordance with the provisions of 5 and 6 above.

11. Whenever a student against whom an expulsion hearing is pending withdraws from school and after notification of such hearing but before the hearing is completed and a decision rendered, (1) notice of the pending expulsion hearing shall be included on the student's cumulative educational record and (2) the Board shall complete the expulsion hearing and render a decision.

12. The Superintendent shall recommend an expulsion hearing if there is reason to believe a student possessed a firearm or other dangerous instrument in or on real property, comprising any public school or at any school activity as defined in C.G.S. 10-233a or in conduct displayed off school grounds.

13. If a student is found to have possessed a firearm, dangerous instrument, dangerous weapon or martial arts weapon in or on the real property or a school or at any school function as defined in Section 10-233a, or on or off school property offered for sale of distribution a dangerous drug, he or she must be expelled for one calendar year. The expulsion period may be modified on a case by case basis by the Board of Education or hearing board.

a. A student expelled for possession of a firearm or deadly weapon shall have the violation reported to the local police department or State Police if the student is enrolled in a regional vocational-technical school.

14. The Board will report annually to the Commission of Education, as prescribed, information pertaining to expulsions for weapons and/or dangerous instruments.

15. An expelled student may apply for early readmission to school. Such readmission shall be at the discretion of the Superintendent of Schools. Readmission decisions shall not be subject to appeal to Superior Court. The Board or Superintendent, as appropriate, may condition such readmission on specified criteria.

16. For any student expelled for the first time and who has never been suspended, the Board of Education may shorten the length of or waive the expulsion period if the student successfully completes a Board specified program and meets any other conditions required by the Board. Such a Board specified program shall not require the student or the parent/guardian of such student to pay for participation in the program.

17. If a student’s expulsion is shortened or the expulsion period waived based upon the fact that the student was expelled for the first time, had never been suspended, and successfully completed a Board specified program and/or met other conditions required by the Board, the notice of expulsion shall be expunged from the cumulative educational record if the student graduates from high school or, if the Board so chooses, at the time the student completes the Board specified program and meets any other conditions required by the Board.

Prior Notice

The Superintendent shall provide for an effective means of informing all students and their parents or guardians of the Board's policy and this regulation at the beginning of each school year, or when the student enrolls or transfers during the school year.