The School Board shall promote the cause of education and safety in the school environment and at school-sponsored events. Whenever a student’s behavior in school or at a school sponsored activity deviates from rules as established by school administration, the student will become liable for actions to restrict his/her rights and privileges of school attendance.
Such disciplinary action may take three forms:
- In School Suspension: A conditional enrollment permitting the student to be in school but not class. Responsibility for placing a student on in-school suspension shall reside with school administration.
- Out-of-School Suspension: A conditional enrollment which restricts the student from participation in classes, or any other activity on school premises, or any school-sponsored activity not on the school grounds. This type of suspension shall not exceed five (5) consecutive school days or, if a notice of expulsion hearing has been sent, fifteen (15) consecutive school days. A student with a disability shall be suspended for a period of time consistent with state and federal law. A suspended student shall not be denied the opportunity to take any quarterly, semester or grading period examinations or to complete course work missed during the suspension period. Responsibility for suspending a student shall reside with school administration. Suspension will be considered for:
- Noncompliance with school district rules and regulations;
- Knowingly conveying any threat or false information concerning an attempt, or alleged attempt, being made or to be made to destroy any school property by means of explosives;
- Conduct by the student while at school, or under the supervision of school authorities, which endangers the property, health, or safety of others, including threats;
- Conduct by a student, while not at school or not under the supervision of school authority, which endangers the property, health, or safety of others at school or under the supervision of school authority, including threats; or
- Conduct, while not at school or not under the supervision of school authority, which endangers the property, health, or safety or any employee or school board member of the district in which the student is enrolled.
- Expulsion: A termination of enrollment for an extended period to be determined by the School Board through formal action consistent with state law. The student shall be suspended from school, not to exceed fifteen (15) consecutive school days, prior to an expulsion hearing. A student with a disability shall be suspended for a period of time consistent with state and federal law, prior to an expulsion hearing. The School Board may expel a student from school whenever the Board finds:
- That the student is guilty of repeated refusal or neglect to obey school rules;
- That the student knowingly conveyed, or caused to be conveyed, any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives;
- That the student engaged in conduct while at school or while under the supervision of school authority, which endangered the property, health, or safety of others at school, which includes a threat to endanger the property, health or safety of others;
- That the student engaged in conduct, while not at school or while not under the supervision of a school authority, which endangered the property, health or safety of others at school or under the supervision of a school authority, which includes a threat to endanger the property , health or safety of others;
- That the student, while not at school or while not under the supervision of a school authority, endangered the property, health or safety of any employee or School Board member of the school district in which the student is enrolled;
- That the student is at least age 16, and repeatedly engaged in conduct, while at school or while under supervision of a school authority, that disrupted the ability of authorities to maintain order or an educational atmosphere at school or at any activity supervised by a school authority and such conduct does not constitute grounds for expulsion under other statutory grounds, if the School Board is satisfied that the interests of the school demand the student’s expulsion. In addition to the statutory requirements above, the School Board must find that the interests of the school district demand the student’s expulsion from school.
The School Board must commence expulsion proceedings if a student possessed a firearm, as defined in 18 U.S.C. 8921(d)(1) and (2), while at school or while under supervision of school authority. If the School Board finds such a possession occurred, the student must be expelled for not less than one year. The School Board may make individual exceptions.
The School Board may allow for the early reinstatement of an expelled student as set forth in the student’s expulsion order. “Early reinstatement” means a condition that a student is required to meet before he or she may be granted early reinstatement or a condition that a student is required to meet after his or her early reinstatement by before the expiration of the term of expulsion specified in the student’s expulsion order. The School Board may specify one or more early reinstatement conditions in the expulsion order if the early reinstatement conditions are related to the reasons for the student’s expulsion. The School Board shall establish a formal procedure for the early reinstatement of an expelled student and for the violation of early reinstatement conditions.
Actions in suspending or expelling students shall be preceded by internal school procedures reflecting due process and supported by defensible records. Such rules and regulations shall not conflict with school board policies, statutory law or case law.
Legal References: Sections 118.13(1) Wisconsin Statutes
119.25
120.13(1) Gun Free Schools Act (18 U.S.C. 8921(d)(1) and (2)) Individuals with Disabilities Education Act
PI 9.01(1) of the Wisconsin Administrative Code
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