JGD

SUSPENSION AND EXPULSION

Any student attending school who neglects or refuses to conform with the standards of orderly conduct prescribed by these rules and regulations shall be subject to suspension or dismissal for gross misconduct, or for neglect or refusal to comply with these standards. (See RSA 193:13).

Conduct specifically prohibited shall include, but not be limited to, habitual truancy, verbal or physical abuse toward any student, faculty, or staff member, disobedience of reasonable demands of staff or faculty members, possession of controlled drugs and/or alcoholic beverages on school property, disrupting classroom atmosphere, impeding classroom decorum, causing disturbances among other students in attendance, distracting other students so as to interfere with the educational process, and disrupting the disciplinary process.

A. Suspensions of not more than ten (10) days may be made by the superintendent (or his/her representative as designated in writing) individually. Prior to such suspension the person ordering the suspension must, orally or in writing, inform the student of the charges against him/her and provide him/her with and opportunity to refute or explain the charges. If the student refutes the charge(s), evidence of the misconduct shall be related to the student.

B. The superintendent and assistant superintendent, as designated representatives of the School Board, are authorized to continue the suspension of a pupil for a period in excess of ten (10) school days, but not to exceed twenty (20) school days. If the superintendent or assistant superintendent issued the suspension for the first ten days, or any part thereof, he/she may not be the individual who extends the suspension beyond the tenth day.

C. Suspensions of six (6) to twenty (20) days that were made by the superintendent or assistant may be appealed by the parent or guardian to the School Board or its designated committee provided that the superintendent received such appeal in writing within ten (10) days after issuance of the decision being appealed.

D. The School Board or its designated committee shall hold a hearing on the appeal, but shall have discretion to hear evidence or to rely upon the record of a hearing conducted under paragraphs A or B, above. The suspension shall be enforced while the appeal is pending unless the School Board stays the suspension while the appeal is pending.

E. Suspensions of more than twenty days must be approved by the School Board.

F. Expulsion may be made by the School Board after written notice to the student of his/her gross misconduct or his/her neglect or refusal to conform to the reasonable rules or regulations of the school or for an act of theft, destruction, or violence as defined in RSA 193-D:1, or for possession of a pellet or BB gun or rifle. Such expulsions occur only after a hearing by the board or designated committee. A student expelled by the School Board or its designated committee shall not attend school until restored by the School Board or its designated committee. Expulsions are subject to review prior to the start of the next school year, and may be appealed to the State Board of Education by the parent or guardian of the expelled student.

G. Any pupil who brings or possesses a firearm as defined in 18 USC ß 921 in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee shall be expelled from school by the School Board or its designated committee for a period of not less than twelve (12) months. Such an expulsion shall be subject to review by the School Board or its designated committee if requested by a parent or guardian prior to the start of the following school year, and may be appealed to the State Board of Education by the parent or guardian of the expelled student.

H. Whenever a student is suspended or expelled, no record of the offense or the suspension or expulsion shall be shown on the student's permanent school record unless the superintendent of Schools refers the matter to the School Board Discipline Committee which by majority vote may vote to include the recording of the offense and the suspension or expulsion on the student's permanent school record.

Before any suspension or any expulsion may be made, except as provided for below, the student must be informed in writing of the charges against him/her, and a hearing scheduled before the person making the suspension (or before the School Board if appealed to or required to be approved by it) at which the student shall be permitted to be represented by counsel at his/her expense, to refute any charges or evidence against him/her, offer evidence, explanations or mitigating circumstances, cross-examine witnesses and call witnesses of his/her own.

The Chair of the Discipline Committee shall preside at any hearing before said Committee and shall control the testimony, cross examination, and general conduct of the hearing. He/she may limit or otherwise rule for the orderly conduct of the meeting.

Adoption Date: April 10, 1997