5053.00 | Suspension and Expulsion

5053.00 | Suspension and Expulsion

5053.01

The following actions shall be grounds for a suspension or expulsion hearing:

  1. Disruption of the educational process
  2. Violence or the threat of violence to any person
  3. Defiance of school authority
  4. Endangerment of others
  5. Vandalism and/or theft of property
  6. Use or abuse, being under the influence, and/or possession of alcohol or controlled substances or drug paraphernalia
  7. Use of tobacco or nicotine in any form. This includes but shall not be limited to , cigarettes, cigars, snuff, smoking tobacco, smokeless tobacco, electronic smoking devices, unapproved nicotine delivery devices, chemicals or devices that produce the same flavor or physical effect of nicotine substances, and any other smoking equipment, material, or tobacco innovation. (9-23-14)
  8. Possession of a weapon or an item intended to be used as a weapon (e.g. baseball bat, scissors, a hat pin, etc.) (9-23-14)
  9. Dishonesty and/or cheating
  10. Harassment
  11. Misconduct or buses operated, chartered or leased by the District. (8-26-03)

5053.02

When any of the above acts is committed or suspected, and it is determined that a student may be suspended from school attendance and/or participation in District activities, the student's parents will be notified if possible, and the student will be given an informal hearing. The hearing may precede or follow the notification of parents. (3-26-02)

5053.03

At the hearing the reasons for possible suspension will be stated and the student will be given an opportunity to refute those reasons. (3-26-02)

5053.04

A prohibited act may be determined to have occurred from the examination of facts, information, data, or evidence from any of the following sources:

  1. Direct observation by an administrator, teacher, District staff member, policy or other legal authority.
  2. Self-admission
  3. Conviction or other determination of guilt within the legal justice system
  4. Notification of school authorities by student's parent or guardian
  5. Persuasive and convincing investigatory information obtained from District employees or students who have credible knowledge of alleged conduct. (3-26-02)

5053.05

If it is determined at an informal hearing that the student committed a prohibited act, the student may be suspended by a principal or the Superintendent for up to five (5) school days, which may be extended by the Superintendent an additional ten (10) school days. On a finding by the Board of Trustees that immediate return to school attendance by the temporarily suspended student would be detrimental to other students' health, welfare, or safety, the Board may extend the temporary suspension for an additional five (5) school days. Any student who has been suspended may be readmitted by the Superintendent or principal who authorized it upon such reasonable conditions as may be prescribed. The Board of Trustees shall be notified of all temporary suspensions, the reasons for them, and the response, if any, thereto, if known. See Idaho Code 33-205. (3-26-02)

5053.06

A student who is an habitual truant, or who is incorrigible, or whose conduct is such as to be continuously disruptive of school discipline or of the instructional effectiveness of the school, or whose presence in a public school is detrimental to the health and safety of other pupils, may be expelled by the Board of Trustees in accordance with Idaho Code 33-205, following formal notice and hearing as required by law. The Board of Trustees may deny attendance at any of its schools to a student who has been expelled from another school district. (See Idaho Code 33-205; see also Policy Range 1200-1224 Dealing with HIV/AIDS in the Schools.) (3-26-02)

5053.07

Disruptive actions listed in Section 5053.01 above may also be dealt with by loss of extracurricular privileges or through individual building policies. (3-26-02)