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East Muskingum Local Schools
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Student Code of Conduct
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5500.01 - STUDENT CONDUCT AND DISCIPLINARY PROCEDURES

The purpose of this policy is to provide the general guidelines and procedures governing student conduct and discipline in the School District.

Guidelines for Procedures

This policy is intended to comply with R.C. 2923.122, 3313.66, 3313.661, 3313.662, 3313.664, 3313.665, 3313.753, and 3327.014, which require each board of education to adopt a policy regarding suspension, expulsion, removal, and permanent exclusion and specify the types of misconduct for which a student may be suspended, expelled, or removed. The Board of Education's primary concern is that students who wish to learn can do so in an environment conducive to learning and that every available disciplinary and prescriptive means be employed on behalf of those who seek to preserve and maintain such an environment. The sole objective of this policy is to ensure fair and equitable handling of disciplinary problems.

This policy is intended to standardize procedures to guarantee equally the rights of every student in the School District. It reflects expressed concerns on the part of the community and will be reviewed periodically by the Board to ensure a document which will continuously meet the needs of the educational climate.

Philosophy

Each student has the right to attend school in an environment that is safe, free of disruptive influences, conducive to learning, and which provides ample opportunity to acquire knowledge and skills commensurate with his/her maturity, interests, and abilities. School personnel have the responsibility to develop and maintain an atmosphere that is compatible with this right.

Students vary considerably in their maturity, motivation, academic developments, social background, values, expectations, interests, intelligence, abilities, experience, and economic status. As a result, it is inevitable that problems will occur as people interact and strive to cope with the complexities of a school environment.

Rules and regulations are necessary for the development and maintenance of an orderly and safe environment. Consequently, certain behaviors are recognized as being inappropriate and unacceptable. Such behaviors and their consequences must be communicated to students and their parents.

Teachers are responsible for successfully coping with student behavior and are expected to make every effort to correct and handle discipline problems that occur within their range of responsibilities. In addition, teachers are expected to employ sound preventive measures as well as to avoid provoking behaviors. When such efforts fail, teacher may refer students to the administration for further disposition. The administration is then responsible for determining the necessity for, and the nature of, further disciplinary action.

When dealing with student misconduct, the school staff must be fair, consistent, and just. Furthermore, judgments must be based on sound evidence, and the individual rights of students must be taken into consideration. Students are to be given the opportunity to explain their behavior, and in cases involving a suspension or an expulsion, due process shall be accorded every student as prescribed by statutory law. Emphasis must be placed on attempting to stimulate appropriate behavior and to help the student understand that certain behaviors are unacceptable and cannot be tolerated within the school environment. The Board feels that a sound discipline policy is necessary for that training which develops self-control, character, orderliness, and efficiency.

Zero Tolerance

Students are expected to conduct themselves in such a way that they respect and consider the rights of others. Students must conform with school and District regulations and comply with directions from school personnel. The Board has zero tolerance for violent, disruptive, or inappropriate behavior, including excessive truancy, by its students. A student who fails to comply with established school or District rules or with any reasonable request made by school personnel shall be subject to discipline in accordance with the Board's Student Conduct and Disciplinary Procedures and the Code of Student Conduct. The Superintendent or designee shall develop strategies ranging from prevention to intervention to address student misbehavior.

Procedural Standards

The following policy sets forth rules prohibiting certain types of conduct by students of the District. This policy specifies the activities which may subject a student to suspension, expulsion, removal from school, permanent exclusion, or other disciplinary action. Additionally, the procedure to be followed by school officials where such disciplinary actions are contemplated and/or imposed is outlined. During the time of suspension, expulsion, or removal, the student (if s/he is eighteen (18) years of age or older) and/or the parents, guardians, or custodian are responsible for the conduct of the individual. While suspended, expelled, or removed from school, students are not permitted to attend or participate in curricular or extra-curricular activities, or be on school property for any reason unless a prior appointment has been made with school officials. If a student is removed only from a particular class or activity, the student may not attend the class or participate in the activity for the duration of the removal.

The suspended student may receive credit for work which takes place in the classroom while s/he is on suspension. The expelled student will not receive credit for work which takes place in the classroom while s/he is expelled. The expelled student forfeits any privilege of making up work.

A student who is suspended or expelled from the Mid-East Ohio Joint Vocational School District is also to be regarded as suspended or expelled from the District.

Definitions

 A.Suspension
  Is defined as the denial to a student for a period of at least one (1) but not more than ten (10) school days of permission to attend school and to take part in any school function.
 B.Expulsion
  Is defined as the denial to a student of permission to attend school and to take part in any school function, for a period exceeding ten (10) school days but not exceeding the greater of eighty (80) school days or the number of school days remaining in the semester or term in which the incident that gives rise to the expulsion takes place, unless the expulsion is extended pursuant to R.C. 3313.66(F).
 C.Emergency Removal
  Is defined as the denial to a student whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on the school premises, for a period not exceeding three (3) school days, of permission to attend school and to take part in any school function.
 D.Disciplinary Removal
  Is an action less severe than suspension, expulsion, or emergency removal and defined as the denial to a student of permission to attend the classes in which s/he is enrolled for a period of less than one (1) school day.
 E.Permanent Exclusion
  Means the prohibition of a student forever from attending any public school in this State that is operated by a city, local, exempted village, or joint vocational school district.

Expulsion

The Superintendent is the only school administrator who may expel a student. Whenever an incident occurs that may lead to an expulsion, the principal or assistant principal may suspend a student prior to the expulsion hearing. In addition, the principal or assistant principal will send written notice within one (1) school day of his/her recommendation for expulsion to the Superintendent and to the parent(s). The Superintendent shall give the student and his/her parent, guardian, or custodian written notice of the intention to expel the student and provide the student and his/her parent, guardian, or custodian, or representative an opportunity to appear before the Superintendent or designee to challenge the reasons for the intended expulsion or otherwise explain his/her actions. The notice must include:

 A.the reason(s) for the intended expulsion;
 B.notification of the right of the student and the parent, guardian, custodian, or representative to appear on request before the Superintendent or designee to challenge the reason(s) for the intended expulsion or to otherwise explain this student's actions;
  This hearing cannot be compelled by the administrator. The Superintendent or designee may utilize the service of counsel if deemed appropriate.
 C.the date, time, and place to appear must not be earlier than three (3) nor later than five (5) schools days after the notice is given unless the Superintendent grants an extension of time;
  Whenever a student has attained eighteen (18) years of age, the right accorded to the parent of the student shall thereafter only be required or and accorded to the student. If a student refuses to sign the form for the notice to parents or guardian his/her refusal will be noted in the presence of a witness.
 D.if the proposed expulsion is based upon a violation listed in R.C. 3313.662(A) and the student is sixteen (16) years of age or older, the notice shall include a statement that the Superintendent may seek the permanent exclusion of the student if s/he is convicted or adjudicated a delinquent child for that violation.

The Superintendent or designee may grant an extension of time if requested on behalf of the student. If granted, the Superintendent must notify all parties of the new date, time, and place of the hearing. The Superintendent or designee shall conduct the hearing at the appointed time and place. The purpose of the hearing is for both sides to give their side of the story. The student and parents will be given full opportunity to present matters in defense or mitigation.

Compliance with all provisions of the Board policy have been met at this point in the expulsion process. The decision must now be made to expel or not to expel. If the decisions is to expel, then within one (1) school day of the decision to expel, the Superintendent must notify the parent, guardian, or custodian of the student and the Treasurer of the Board of the action to expel in writing. If at the time an expulsion is imposed there are fewer than eighty (80) school days remaining in the school year in which the incident that gives rise to the expulsion takes place, the Superintendent may apply any remaining part or all of the period of the expulsion to the following school year. The notice of expulsion must include:

 A.the reason(s) for the expulsion;
 B.notification of the right of the student, parent, guardian, or custodian to appeal to the Board or its designee;
 C.the right of representation at the appeal;
 D.the right to be granted a hearing before the Board or its designee and request the hearing be held in executive session;
 E.notification that the expulsion may be subject to extension pursuant to R.C. 3313.66(F) if the student is sixteen (16) years of age or older;
 F.notification that the Superintendent may seek the student's permanent exclusion if the expulsion is based upon a violation listed in R.C. 3313.662(A) that was committed when the child was sixteen (16) years of age or older, if the child is convicted or adjudicated a delinquent child for that violation;
 G.if the Superintendent expels a student for more than twenty (20) school days or for any period to time if the expulsion will extend into the following semester or school year, the notice of expulsion shall also include the names, addresses, and phone numbers of any public or private agencies that may offer services or programs that work toward improving those aspects of the student's attitudes and behavior that contributed to the incident that gave rise to the student's expulsion.

An appeal of the expulsion must be made within seven (7) school days of receipt of the notice of expulsion. A student or his/her parent, guardian, or custodian may appeal the expulsion to the Board or its designee. The student or the parent, guardian, or custodian may be represented in all such appeal proceedings and shall be granted a hearing before the Board or its designee, which may be in executive session upon the request of the student, parent, guardian, custodian, or representative. A verbatim record shall be made of the hearing.

The Board or its designee can act only after a hearing, if requested, has been held. The Board or its designee may affirm, reverse, vacate, or modify the expulsion. The action of the Board or its designee on the expulsion must be in a public meeting. The Treasurer or the Board's designee shall promptly notify the student, parent, guardian, custodian, or representative in writing of the decision. The decision of the Board or its designee may be further appealed to the Court of Common Pleas under R.C. Chapter 2506.

Suspension

The Superintendent, principal, or assistant principal are the only school administrators who may suspend a student. Whenever an incident occurs that may lead to a suspension, the principal or assistant principal shall investigate the nature of the alleged offense. Unless the student is unavailable or unwilling to discuss the incident with the principal or assistant principal, this investigation shall include discussion with the student so that the student may be given an opportunity to be heard.

The Superintendent, principal, assistant principal must give the student written notice of the intention to suspend. This notice must include the reason(s) for the intended suspension, and if the proposed suspension is based on a violation listed in R.C. 3313.662(A) and the student is sixteen (16) years of age or older, the notice may include a statement that the Superintendent may seek to permanently exclude the student if s/he is convicted or adjudicated a delinquent child for the violation.

The student shall be provided an opportunity to appear at an informal hearing before the principal, assistant principal, Superintendent, or the Superintendent's designee to challenge the reason(s) for the intended suspension or to otherwise explain his/her actions. This hearing may take place immediately upon notification of the intention to suspend. Whenever a student has attained eighteen (18) years of age the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. If a student refuses to sign the form for the notice to parents or guardian, the refusal will be noted in the presence of a witness. The principal or assistant principal is not required to permit the presence of counsel or follow any prescribed judicial rules in conducting the hearing. Appeal procedures do not apply.

Compliance with all provisions of the Board policy have been met at this point prior to a suspension. The decision must now be made to suspend or not to suspend. If the decision is to suspend, then within one (1) school day of the decision to suspend, the Superintendent, principal, or assistant principal must notify the parent, guardian, or custodian of the student and the Treasurer of the Board of the action to suspend in writing. If at the time a suspension is imposed there are fewer than ten (10) school days remaining in the school year in which the incident that gives rise to the suspension takes place, the Superintendent may apply any remaining part or all of the period of the suspension to the following school year. The notice of suspension must include:

 A.the reason(s) for the suspension;
 B.the duration of the suspension;
 C.notification of the right of the student, parent, guardian, or custodian to appeal to the Board or its designee;
 D.the right of representation at the appeal;
 E.the right to be granted a hearing before the Board or its designee and request the hearing be held in executive session;
 F.notification that the Superintendent may seek the student's permanent exclusion if the suspension is based on a violation listed in R.C. 3313.662(A) that was committed when the child was sixteen (16) years of age or older, if the child is convicted or adjudicated a delinquent child for that violation.

An appeal of the suspension must be made within seven (7) school days of receipt of the notice of suspension. A student or the parent, guardian, or custodian may appeal the suspension to the Board or its designee. The student or the parent, guardian, or custodian may be represented in all such appeal proceedings and shall be granted a hearing before the Board or its designee, which may be held in executive session upon the request of the student, parent, guardian, custodian, or representative. A verbatim record of the appeal hearing shall be made.

The Board or its designee can act only after a hearing, if requested, has been held. The Board or designee may affirm, reverse, vacate, or modify the suspension. The Treasurer or the Board's designee shall promptly notify the student, parent, guardian, custodian, or representative in writing of the decision. The decision of the Board or designee may be further appealed to the Court of Common Pleas under R.C. Chapter 2506.

Nothing contained herein precludes the Superintendent, principal, and/or assistant principal from imposing lesser penalties, where appropriate, including in-school suspension or referral to appropriate community programs.

Suspension from Extra-Curricular Activities

The Superintendent, principal, or assistant principal may deny a student the privilege of participating in any particular or all extra-curricular activities of the District or of a school of the District for up to one (1) full school year. The Superintendent, principal, or assistant principal must give the student written notice of the intention to prohibit the student from participating in extra-curricular activities. The student shall be provided an opportunity to appear at an informal hearing before the principal, assistant principal, Superintendent or Superintendent's designee to challenge the reason(s) for the intended prohibition or to otherwise explain his/her actions. This hearing may take place immediately upon notification of the intention to prohibit. Whenever a student has attained eighteen (18) years of age the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. If a student refuses to sign the form for the notice to parents or guardian, the refusal will be noted in the presence of a witness. The principal, assistant principal, Superintendent, or Superintendent's designee is not required to permit the presence of counsel or follow any prescribed judicial rules in conducting the hearing. Appeal procedures do not apply.

Suspension from School Bus Riding Privileges

The Superintendent, principal, or assistant principal may suspend a student from any particular or all school bus riding privileges of the District for up to one (1) full school year. The Superintendent or principal must give the student written notice of the intention to suspend. The student shall be provided an opportunity to appear at an informal hearing before the principal, assistant principal, Superintendent, or Superintendent's designee to challenge the reason(s) for the intended suspension or to otherwise explain his/her actions. This hearing may take place immediately upon notification of the intention to suspend. Whenever a student has attained eighteen (18) years of age the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. If a student refuses to sign the form for the notice to parents or guardian, the refusal will be noted in the presence of a witness. The principal, assistant principal, Superintendent, or Superintendent's designee is not required to permit the presence of counsel or follow any prescribed judicial rules in conducting the hearing. Appeal procedures do not apply.

Emergency Removal by Teacher

If a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on the school premises, a teacher may remove a student from curricular or extra-curricular activities under his/her supervision, but not from the premises.

During school hours, the student must be sent to the office. If a teacher makes an emergency removal for one (1) school day or more, the reason(s) for the removal must be submitted to the principal or assistant principal in writing as soon after the removal as practicable. Due process procedures shall be initiated by the administrator.

A due process hearing must be held within three (3) school days after removal is ordered. Procedures for this hearing are the same as for a suspension or expulsion hearing. Written notice of the hearing and of the reason(s) for the removal shall be given to the student as soon as practicable prior to the hearing. The individual who ordered, caused, or requested the removal to be made shall be present at the hearing.

If the Superintendent or principal reinstates a student prior to the hearing, the teacher, upon request, will receive written reasons for the action. The teacher cannot refuse to reinstate a student even though reasons are not given. In an emergency removal, a student can be kept from class until the matter of his/her misconduct is disposed of either by reinstatement, suspension, or expulsion.

Emergency Removal by Administrator

If a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on the school premises, the Superintendent or a principal may remove a student from curricular or extra-curricular activities or from the school premises.

If it is intended that the student be removed for more than one (1) school day, a due process hearing must be held within three (3) school days after the removal is ordered. Procedures for this hearing are the same as for a suspension or expulsion hearing. Written notice of the hearing and of the reason(s) for the removal shall be given to the student as soon as practicable prior to the hearing. The individual who ordered, caused, or requested the removal to be made shall be present at the hearing.

In an emergency removal a student can be kept from class or off school premises until the matter of the student's misconduct is disposed of either by reinstatement, suspension, or expulsion.

Disciplinary Removal

A student shall be given written notification of the charges against him/her by the administrator. The student must have the opportunity to appear at an informal hearing before the principal to challenge the reasons for the intended removal or otherwise to explain his/her actions. Students shall be given an opportunity to challenge the charges and present their side of the story.

The administrator shall make the decision to remove or not to remove, and shall notify the student orally of that decision. If the student is removed, the administrator shall notify the parent or guardian within one (1) school day, in writing, of the removal, including the length of the removal and reason(s) for the removal.

Less than Twenty-Four (24) Hour Removal

In all cases of normal disciplinary procedures where a student is removed from a curricular activity or school premises for less than one (1) school day and is not subject to suspension or expulsion, or in the case of a student given an in-school suspension served in a school setting the due process requirements of this policy do not apply.

Permanent Exclusion

A student may be permanently excluded from attending any of the public schools of this State if the student is convicted of or adjudicated a delinquent child for committing, when s/he was sixteen (16) years of age or older, an act that would be a criminal offense if committed by an adult and if the act is any of the following:

 A.R.C. 2923.122 which includes a person knowingly conveying or attempting to convey or possess any deadly weapon or dangerous ordnance or any object which is indistinguishable from a firearm whether or not the object is capable of being fired and represents the object to be a firearm onto any property owned or controlled by (including a school bus), or to any activity held under the auspices of the Board;
 B.R.C. 2923.12 or of a substantially similar municipal ordinance which makes it unlawful for a person to knowingly carry or have, conceal on his/her person or conceal ready-at-hand, any deadly weapon or dangerous ordnance on property owned or controlled by, or at an activity held under the auspices of the Board;
 C.R.C. 2925.03 which makes it illegal to traffic in drugs if the trafficking was committed on property owned by or controlled by, or at an activity held under the auspices of the Board;
 D.R.C. 2925.11 which makes it illegal to obtain, possess, or use a controlled substance, other than a minor drug possession offense, if on property owned or controlled by, or at an activity held under the auspices of the Board;
 E.a violation of the following sections if the violation was committed on property owned or controlled by or at an activity held under the auspices of the Board, if the victim at the time of the commission of the act was an employee of the Board:
  1.R.C. 2903.01, aggravated murder;
  2.R.C. 2903.02, murder;
  3.R.C. 2903.03, voluntary manslaughter;
  4.R.C. 2903.04, involuntary manslaughter;
  5.R.C. 2903.11, felonious assault;
  6.R.C. 2903.12, aggravated assault;
  7.R.C. 2907.02, rape;
  8.R.C. 2907.05, gross sexual imposition;
  9.R.C. 2907.12, felonious sexual penetration;
 F.complicity in any violation set forth in the section on reasons for permanent exclusion that was alleged to have been committed in the manner described above, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of the Board.

If the Superintendent obtains or receives proof that a student has been convicted of committing a violation listed in the section on reasons for permanent exclusion when s/he was sixteen (16) years of age or older or was adjudicated a delinquent child for the commission, when s/he was sixteen (16) years of age or older, of a violation listed in the section on reasons for permanent exclusion, the Superintendent may issue to the Board a request that the student be permanently excluded from public school attendance if the following apply:

 A.After obtaining or receiving proof of the conviction or adjudication, the Superintendent or designee determines that the student's continued attendance in school may endanger the health and safety of other students or school employees and gives the student and his/her parent, guardian, or custodian, written notice that the Superintendent intends to recommend to the Board that the Board adopt a resolution requesting the Superintendent of Public Instruction to permanently exclude the student from public school attendance.
 B.The Superintendent or designee forwards to the Board the Superintendent's written recommendation which includes the determination that the Superintendent made pursuant to this policy and a copy of the proof s/he received showing that the student has been convicted of or adjudicated a delinquent child for a violation listed in the section on reasons for permanent exclusion that was committed when the student was sixteen (16) years of age or older.
 C.Within fourteen (14) days after receipt of a recommendation from the Superintendent that a student be permanently excluded from public school attendance, the Board may adopt a resolution requesting the Superintendent of Public Instruction to permanently exclude the student who is the subject of the recommendation from public school attendance, only after review and consideration of all of the following available information:
  1.the academic record of the student and a record of any extra-curricular activities in which s/he was previously involved;
  2.the disciplinary record of the student and any available records of his/her prior behavioral problems other than the behavioral problems contained in the disciplinary record;
  3.the social history of the student;
  4.the student's response to the imposition of prior discipline and sanctions imposed for behavioral problems;
  5.evidence regarding the seriousness of and any aggravating factors related to the offense that is the basis of the resolution seeking permanent exclusion;
  6.any mitigating circumstances surrounding the offense that gave rise to the request for permanent exclusion;
  7.evidence regarding the probable danger posed to the health and safety of other students or of school employees by the continued presence of the student in a public school setting;
  8.evidence regarding the probable disruption of the teaching of any graded course of study by the continued presence of the student in a public school setting;
  9.evidence regarding the availability of alternative sanctions of a less serious nature than permanent exclusion that would enable the student to remain in a public school setting without posing a significant danger to the health and safety of other students or of school employees and without posing a threat of the disruption of the teaching of the District's graded course of study.

If the Board does not adopt a resolution requesting the Superintendent of Public Instruction to permanently exclude the student, it shall immediately send written notice of that fact to the Superintendent, to the student who was the subject of the proposed resolution, and to that student's parent, guardian, or custodian.

If the Board adopts a resolution requesting the Superintendent of Public Instruction to permanently exclude the student, the Board shall immediately forward to the Superintendent of Public Instruction the written resolution, proof of the conviction or adjudication that is the basis of the resolution, a copy of the student's entire school record, and any other relevant information, and shall forward a copy of the resolution to the student who is the subject of the recommendation and to his/her parent, guardian, or custodian.

The Board shall designate a representative to present its case for permanent exclusion to the Superintendent of Public Instruction or referee appointed by him/her. At the adjudication hearing held pursuant to R.C. 3301.121, the representative of the Board shall present evidence in support of the requested permanent exclusion.

Recommendation for Revocation of Permanent Exclusion

The Superintendent, upon determining that the school attendance of a student who has been permanently excluded from public school attendance will no longer endanger the health and safety of other students or school employees, may issue to the Board a recommendation, including the reasons for the recommendation, that the permanent exclusion of a student be revoked and the student be allowed to return to the public schools of the State.

Upon receipt of the recommendation of the Superintendent that the permanent exclusion of a student be revoked, the Board may adopt a resolution by a majority vote of its members requesting that the Superintendent of Public Instruction revoke the permanent exclusion of the student. Upon adoption of the resolution, the Board shall forward a copy of the resolution, the reasons for the resolution, and any other relevant information to the Superintendent of Public Instruction.

Probation

A student who has been permanently excluded pursuant to this policy and R.C. 3301.121 may request that the Superintendent admit the student on a probationary basis for a period not to exceed ninety (90) school days. Upon receiving the request, the Superintendent may enter into discussions with the student and with the student's parent, guardian, or custodian, or a person designated by the student's parent, guardian, or custodian to develop a probationary admission plan designed to assist the student's probationary admission to the school. The plan may include a treatment program, a behavioral modification program, or any other program reasonably designed to meet the educational needs of the student and the disciplinary requirements of the school.

If the Superintendent, the student, and the student's parent, guardian, or custodian, or a person designated by the student's parent, guardian, or custodian, agree upon a probationary admission plan, the Superintendent shall issue to the Board a recommendation that the student be allowed to attend school within the District under probationary admission, the reasons for the recommendation, and a copy of the agreed-upon probationary admission plan. Within fourteen (14) days after the Board receives the recommendation, reasons, and plan, the Board may adopt the recommendation by a majority vote of its members. If the Board adopts the recommendation, the student may attend school under probationary admission for a period not to exceed ninety (90) days or any additional probationary period permitted under this policy.

If a student is permitted to attend school under probationary admission pursuant to this policy and fails to comply with the probationary admission plan, the Superintendent may immediately remove the student from the school and issue to the Board a recommendation that the probationary admission be revoked. Within five (5) days after the Board receives the recommendation, the Board may adopt the recommendation to revoke the student's probationary admission by a majority vote of its members. If a majority of the Board does not adopt the recommendation to revoke the student's probationary admission, the student shall continue to attend school in compliance with the probationary admission plan.

If a student who is permitted to attend school under probationary admission pursuant to this policy, complies with the probationary admission plan prepared pursuant to this policy, the student or his/her parent, guardian, or custodian, at any time before the expiration of the ninety (90) day probationary admission period, may request the Superintendent to extend the terms and period of his/her probationary admission for a period not to exceed ninety (90) days or to issue a recommendation that the student's permanent exclusion be revoked and the student be allowed to return to the public schools of the State.

If a student is granted an extension of his/her probationary admission, the student or his/her parent, guardian, or custodian, in the manner described in this policy, may request and the Superintendent and Board, in the manner described, may recommend and grant subsequent probationary admission periods not to exceed ninety (90) days each. If a student who is permitted to attend school under an extension of a probationary admission plan complies with the probationary admission plan prepared pursuant to the extension, s/he or his/her parent, guardian, or custodian, may request a revocation of the student's permanent exclusion in the manner described in this policy.

Any extension of a probationary admission requested by a student, his/her parent, guardian, or custodian, pursuant to this policy shall be subject to the adoption and approval of a probationary admission plan in the manner described in this policy, and may be terminated as provided herein.

If the student has complied with any probationary admission plan and the Superintendent issues a recommendation that seeks revocation of the student's permanent exclusion pursuant to this policy, the student's compliance with any probationary admission plan may be considered along with other relevant factors in any determination or adjudication conducted pursuant to this policy.

Except as provided in this policy, any information regarding the permanent exclusion of a student shall be included in the student's official records, and shall be included in any records sent to any school district that requests the student's records.

When a student, who has been permanently excluded from public school attendance, reaches the age of twenty-two (22) or when the permanent exclusion of a student has been revoked, all references to the permanent exclusion from the student's file shall be removed and destroyed. A student who has reached the age of twenty-two (22) or whose permanent exclusion has been revoked, may send a written notice to the Superintendent requesting the Superintendent to ensure that the records are removed from the student's file and destroyed. Upon receipt of the request and a determination that the student is twenty-two (22) years of age or older, or that the student's permanent exclusion has been revoked, the Superintendent shall ensure that the records are removed from the student's file and destroyed.

This policy does not and shall not be construed to prohibit any person who has been permanently excluded pursuant to this policy and R.C. 3301.121 from seeking a certificate of high school equivalence. A person who has been permanently excluded may be permitted to participate in a course of study in preparation for the tests of general educational development, except that s/he shall not participate during normal school hours in that course of study in any building or structure owned or controlled by this Board.

This policy does not, and shall not be construed to relieve this Board from any requirements under R.C. 2151.357 or R.C. 3313.64 to pay for the costs of educating any student who has been permanently excluded pursuant to this policy. Except as otherwise authorized by R.C. 2151.358, R.C. 3301.121, and R.C. 3313.662, any school employee in possession of or having access to sealed adjudication records of a student that were the basis of the student's permanent exclusion who knowingly releases, disseminates, or makes available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the State, or of any of its political subdivisions, any information or other data concerning the arrest, complaint, trial, hearing, adjudication, or correctional supervision, the records of which have been expunged or sealed pursuant to this section, is guilty of divulging confidential information, a misdemeanor in the fourth degree.

The failure of the Superintendent or the Board to provide the information regarding the possibility of permanent exclusion in the notice required by this policy is not jurisdictional, and the failure shall not affect the validity of any suspension or expulsion procedure that is conducted in accordance with this policy or the validity of a permanent exclusion procedure that is conducted in accordance with R.C. 3301.121 and R.C. 3313.662.

Disabled Students

It shall be the policy of this Board that a child with a disability shall be disciplined only in accordance with State and Federal law.

Posting

A copy of this policy together with the Code of Student Conduct shall be posted in a central location in each school in the District and made available to students upon request.

Student Handbooks

Disciplinary procedures and codes of conduct may be developed by building administrators, appear in their handbooks, and be approved by the Board.

Student Seeking Admission from Another District

A student seeking to enroll in the District who has an unexpired suspension or expulsion from another school district, after a hearing, can be denied admittance temporarily. If admittance is temporarily denied, the student may be granted admittance upon expiration of his/her suspension or expulsion period.

Adopted 7/31/03

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