STUDENTS ATTENDANCE/READMISSIONS
See "Uniform Code of Discipline and Students' Rights and
Responsibilities" handbook, which is made a part of this policy
manual, for specific provisions regarding student readmissions to
school, except for dangerous weapons/firearms, rape or arson offenses.
WEAPONS/FIREARMS, RAPE OR ARSON/READMISSIONS
Petition for Reinstatement
Pupils expelled pursuant to policy File: JDE (or their parent or legal
guardian if the pupil is unemancipated) may petition the Board of this
School District for reinstatement to school. Petitions for
reinstatement shall be in writing and submitted to the Superintendent
or designee, who shall refer said Petition to the Petition Review
Committee (PRC). An individual who was in grade 5 or below when
expelled may petition for reinstatement at any time after the
expiration of 60 school days subsequent to the date of expulsion.
Individuals who were in grade 6 or above at the time of expulsion may
petition for reinstatement at any time after the expiration of 150
school days subsequent to the date of expulsion. The School District
will make available the proper forms to those who wish to petition for
reinstatement. The petitioner shall provide authorization and release
for the Board of Education and its designated committee to request,
receive and review all student records and student record information
maintained by any public or private school which the petitioning pupil
has attended. If such records are already in the possession of this
District, the parent/guardian or student (if emancipated) shall
furnish written authorization for review of same by the committee and
Board of Education members.
Upon receipt of a
petition for reinstatement, the District shall do the following:
- No later than 10 school days after receiving a
petition for reinstatement, the School Board shall appoint a
committee to review the petition and any supporting information
submitted by the parent or legal guardian (if the expelled student
is unemancipated ) or from the expelled pupil;
- The Committee shall consist of two School Board
members, one school administrator, one teacher, snd one parent of a
pupil attending this School District. The Board may appoint an
alternate from each category to serve in conflict of interest
situations;
- The Superintendent of the School District may
prepare and submit for consideration by the committee information
concerning the circumstances of the expulsion and any factors
mitigating for or against reinstatement;
- Not later than 10 school days after all members
are appointed, the committee shall review the petition and any
supporting information, including any information provided by the
School District, and shall submit a recommendation to the School
Board on the issue for reinstatement;
- The recommendation of the committee shall be for
unconditional reinstatement, for conditional reinstatement, or
against reinstatement, and shall be accompanied by an explanation of
the reasons for the recommendation any of any recommended conditions
for reinstatement; and
- The Superintendent shall be allowed to attend
meetings of the committee appointed by this Board of Education when
considering petitions for reinstatement.
Criteria for
Reinstatement
The designated committee and this Board of Education shall consider at
least the following factors when a petition for reinstatement is
submitted.
- Whether the reinstatement would create a risk of
harm to other pupils or school personnel;
- Whether reinstatement would create a risk of
School District or individual liability for the School Board or
School District personnel;
- The age and maturity of the individual;
- The individual's school record before the
incident that caused the expulsion;
- The individual's attitude concerning the incident
that caused the expulsion;
- The individual's behavior since expulsion and the
prospects for remediation of the individual;
- The degree of cooperation and support from the
individual's parent or guardian (if the petition was filed by a
parent or guardian) as well as any support which may be expected
from a parent or guardian, if the expelled student is reinstated.
Petitions for reinstatement from students expelled
by the Board of Education of another School District shall not be
processed if that student has not first submitted a petition for
reinstatement to the expelling Board. This School District will only
consider reinstatement, to the extent required by law, upon receiving
written verification of the denial of the student's petition for
reintatement by the expelling Board.
Conditions of Reinstatement
The School Board may require an expelled student (and if the petition
was filed by a parent or legal guardian) to agree in writing to
specific conditions before reinstating the student. These conditions
may include, but are not limited to:
- Signing a behavior contract;
- Participation in or completion of an Anger
Management Program or other appropriate counseling (at the expelled
student's expense);
- Periodic progress reviews; and
- Specific immediate consequences for failure to
abide by any conditions of reinstatement.
Reinstatement
If the School District decides to reinstate an expelled pupil, those
who were in grade 5 and below at the time of the expulsion shall not
be reinstated before expiration of 90 days subsequent to the date of
expulsion, unless a longer period of expulsion is required pursuant to
the Federal Gun
Free School Act and who are accordingly subject to
mandatory one-year expulsion, the Superintendent or designee may
submit recommendation to the Board of Education, in conjunction with
the designated committee's recommendation, to modify the one-year
expulsion requirement (on a case by case basis) to a period of time
not less than 90 school days. Individuals in grade 6 or above at the
time of the expulsion shall not be reinstated before the expiration of
180 school days (one legal school year) after the date of expulsion.
Application to Handicapped Pupils
This policy shall be applied in a manner consistent with the rights
secured under the federal law to pupils who are determined to be
eligible for special education programs and services.
The Superintendent or designee may prepare
regulations implementing this policy.
