Shelby County Board of Education |
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6026 |
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Issued Date: 08/26/10 |
SUSPENSION / EXPULSION / REMAND OF STUDENTS
- Any principal, vice principal or assistant principal is authorized
to suspend a pupil from attendance at their respective school, including
its sponsored activities, or from riding a school bus, for good and sufficient
reasons. Good and sufficient reasons for suspension include, but are not
limited to:
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Willful and persistent violation of the rules of the school
or truancy;
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Immoral or disreputable conduct or vulgar or profane language;
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Violence or threatened violence against the person of any personnel
attending or assigned to any public school;
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Willful or malicious damage
to real or personal property of the school, or the property of any person
attending or assigned to the school;
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Inciting, advising or counseling
of others to engage in any of the acts enumerated in subdivisions A (1)
- (4);
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Marking, defacing or destroying school property;
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Possession
of a pistol, gun or firearm on school property;
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Possession of any potentially
lethal weapon, Taser, or explosive on school property or at a school-sponsored
activity;
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Possession of a knife and other weapons, as defined in T.C.A. § 39-17-1301
on school property;
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Assaulting a principal or teacher with vulgar, obscene
or threatening language;
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Unlawful use or possession of barbital or legend
drugs, as defined in T.C.A. § 53-10-101;
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Two (2) or more students
initiating a physical attack on an individual student on school property
or at a school activity, including travel to and from school;
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Making
a threat, including a false report, to use a bomb, dynamite, any other
deadly explosive or destructive device, including chemical weapons, on
school property or at a school sponsored event;
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Any other conduct
prejudicial to good order and discipline in any public school;
-
Possession,
use or distribution of counterfeit money on school property or at any school
sponsored activity; and
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Off-campus criminal behavior that results
in the student being legally charged with a felony and the student's continued
presence in school poses a danger to persons or property or disrupts the
educational process.
B.
- Any principal, vice principal or assistant principal may suspend any
pupil from attendance at a specific class, classes or school-sponsored activity
without suspending the pupil from attendance at school pursuant to an in-school
suspension policy adopted by the local board of education. Good and sufficient
reasons for in-school suspension include, but are not limited to, behavior:
- That adversely affects the safety and well-being of other pupils.
- That disrupts a class or school sponsored activity; or (c) Prejudicial
to good order and discipline occurring in class, during school-sponsored
activities or on the school campus.
- Students receiving an in-school suspension exceeding
one (1) day from classes shall attend either special classes attended only
by students guilty of misconduct or be placed in an isolated area appropriate
for study. Students given in-school suspension shall be required to complete
academic requirements.
C.
- Except in an emergency, no principal, vice principal
or assistant principal shall suspend any student until that student has been
advised of the nature of the student's misconduct, questioned about it and
allowed to give an explanation.
- Upon suspension of any student other
than for in-school suspension of one (1) day or less, the principal shall,
within twenty-four (24) hours, notify the parent or guardian and the Assistant
Superintendent of Student Services of:
- The suspension, which shall be
for a period of no more than ten (10) days;
- The cause for the suspension;
and
- The conditions for readmission, which may include, at the request
of either party, a meeting of the parent or guardian, student and principal.
- If the suspension is for more than five (5) days, the principal shall
develop and implement a plan for improving the behavior, which shall be made
available for review by the Superintendent upon request.
-
- If, at the
time of the suspension, the principal, vice principal or assistant principal
determines that an offense has been committed that would justify a suspension
for more than ten (10) days, the person may suspend a student unconditionally
for a specified period of time or upon such terms and conditions as are
deemed reasonable.
- The principal, vice principal or assistant principal shall
immediately give written or actual notice to the parent or guardian and
the student of the right to appeal the decision to suspend for more than
ten (10) days. All appeals must be filed, orally or in writing, within
five (5) days after receipt of the notice and may be filed by the parent
or guardian, the student or any person holding a teaching license who
is employed by the school system if requested by the student.
- The appeal from this decision
shall be to the disciplinary hearing authority appointed by the board.
The disciplinary hearing authority shall consist of at least one (1)
licensed employee of SCS, but no more than seven (7) members.
- The hearing shall
be held no later than ten (10) days after the beginning of the suspension.
The disciplinary hearing authority shall give written notice of the time
and place of the hearing to the parent or guardian, the student and the
school official designated in subdivision (C)(4)(a) who
ordered the suspension. Notice shall also be given to the SCS employee
referred to in subdivision (C)(4)(b) who requests a hearing on behalf
of the suspended student.
- After the hearing, the disciplinary hearing authority may affirm
the decision of the principal, order removal of the suspension unconditionally
or upon such terms and conditions as it deems reasonable, assign the
student to an alternative program or night school or suspend the student
for a specified period of time.
- A written record of the proceedings,
including a summary of the facts and the reasons supporting the decision,
shall be made by the disciplinary hearing authority. The student, principal,
vice principal or assistant principal may, within five (5) days of the
decision, request review by the Superintendent. The Superintendent shall
review the written record of the disciplinary hearing authority and shall
render a decision as soon as practicable. (Absent a timely appeal, the
decision shall be final.) Within five (5) days of the Superintendent's
decision, the student, principal, vice principal or assistant principal
may request review by the board of education. The board of education
based upon a review of the record, may grant or deny a request for a
board hearing and may affirm or overturn the decision of the hearing
authority with or without a hearing before the board; provided, that
the board may not impose a more severe penalty than that imposed by the
hearing authority without first providing an opportunity for a hearing
before the board. If the board conducts a hearing as a result of a request
for review by a student, principal, vice principal or assistant principal,
then, notwithstanding any provision of the open meetings laws compiled
in Title 8, Chapter 44, or other law to the contrary, the hearing shall
be closed to the public, unless the student or student's parent or guardian
requests in writing within five (5) days after receipt of written notice
of the hearing that the hearing be conducted as an open meeting. If the
board conducts a hearing as a result of a request for review by a student,
principal, vice principal or assistant principal that is closed to the
public, then the board shall not conduct any business, discuss any subject,
or take a vote on any matter other than the appeal to be heard. Nothing
in this subdivision (C)(6) shall act to exclude the department of children's
services from the disciplinary hearings when the department is exercising
its obligations under T.C.A. § 37-1-140. The action of the board
of education shall be final.
D.
In the event the suspension occurs during
the last ten (10) days of any term or semester, the pupil may be permitted
to take final examinations or submit required work that is necessary
to complete the course of instruction for that semester, subject to the
action of the principal, or the final action of the board of education
upon any appeal from an order of a principal continuing a suspension.
E.
Students under in-school suspension shall be recorded as constituting a
part of the public school attendance in the same manner as students who attend
regular classes.
F.
SCS shall not be required to enroll a student who is under
suspension or expelled in an LEA either in Tennessee or another state. The
Superintendent shall make a recommendation to the board of education to approve
or deny the request. The recommendation shall occur only after investigation
of the facts surrounding the suspension from the former school system. If the
recommendation is to deny admission and if the board approves the Superintendent's
recommendation, the Superintendent shall, on behalf of the board, notify the
commissioner of the decision. Nothing in this subsection (F) shall affect children
in state custody or their enrollment in SCS. If SCS accepts enrollment of a
student from another LEA, SCS may dismiss the student if it is determined subsequent
to enrollment that the student had been suspended or expelled by the other
LEA.
G.
A pupil determined to have brought to school or to be in unauthorized
possession on school property of a firearm, as defined in 18 U.S.C. § 921,
shall be expelled for a period of not less than one (1) calendar year, except
that the Superintendent may modify this expulsion on a case-by-case basis.
A student committing battery upon any teacher, principal, administrator, any
other employee of an LEA or school resource officer, or unlawfully possessing
any drug including any controlled substance, as defined in T.C.A. § 39-17-403,
through T.C.A. § 39-17-415, or legend drug, as defined by T.C.A. § 53-10-101,
shall be expelled for a period of not less than one (1) calendar year, except
that the Superintendent may modify this expulsion on a case-by-case basis.
For purposes of this subsection (G), “expelled” means removed from
the pupil's regular school program at the location where the violation occurred
or removed from school attendance altogether, as determined by the Superintendent.
Nothing in this section shall be construed to prohibit the assignment of such
students to an alternative school.
T.C.A. § 49-6-3401