In this series, we’ve been covering all of the major talking points from Kirk’s presentation, The Latest on Pupil Suspension and Expulsion, from the 2024 WASSA Fall Workshop.
In Part 1 we focused on pupil discipline and suspension, and in Part 2 we shifted our attention to expulsion. Now, in Part 3, we’re diving into the unwritten rules, politics, and some of Kirk’s stray thoughts on expulsion.
Let’s begin …
TIPS AND RECOMMENDATIONS
- Disposition on critical issues should be determined and established:
- Are there offenses that the school board insists must come before the board for expulsion?
- What is the board’s view of conditional early reinstatement and when does the board expect “time served?”
- Account for “traditions” that the school board may follow. Example: Some school districts have a script that the school board president reads. If it’s good, perhaps it’s worth keeping; however, most that I have seen are problematic.
What must be changed? Identify aspects of the expulsion process that require revision.
Factors that the audit of disciplinary procedures should account for:
- Giving the parent(s)/guardian(s) and/or pupil the option of having the expulsion conducted in open session, based on unfortunate statutory language that could be taken to imply that parents and students have that option.
- Sending expulsion packets out in advance. Technically, the school board should receive evidence at the hearing, not before. Sending the school board an advance copy of the administration’s exhibit packet before the hearing will likely be a due process violation that could result in a decision to expel being reversed.
- The administration team should discuss coordination with law enforcement officials. This is a tricky area. Issues include:
- The school district must do its own investigation. Some districts will not directly investigate matters that are also criminal and simply hand the student over to law enforcement officers in these instances. This is not appropriate:
- The school district cannot rely solely on law enforcement materials/reports to make a student disciplinary decision. Doing so violates state law.
- The school district may not be in a position to complete the disciplinary process appropriately if it simply defers to law enforcement investigations.
Make sure the District has an interagency agreement in effect with all relevant law enforcement agencies. This will help you to share information about students with law enforcement personnel without violating the pupil records law.
- The school district must do its own investigation. Some districts will not directly investigate matters that are also criminal and simply hand the student over to law enforcement officers in these instances. This is not appropriate:
The written minutes of the expulsion hearing must be sufficiently detailed. Hearing minutes must meet the following standard:
At a minimum, minutes must reflect (1) who was present at the hearing, (2) what evidence was presented in support of allegations of misconduct, and (3) what decisions or actions a board took based upon the evidence presented.
The State Superintendent has reversed expulsion decisions upon appeal due to insufficient written minutes of the hearing.
EXPULSION: A CHECKLIST FOR HEARING
- The following materials will help provide a complete record of relevant documents at many expulsion hearings:
Notice of Pupil Expulsion Hearing - Proof of mailing and receipt of Notice of Pupil Expulsion Hearing (NOTE: Certified mail is not required, but many school districts will use this means of mailing)
- Notice of Suspension
- Incident report(s) from investigating administration
- Evidence gathered by administration (video, statements, emails, etc.)
- Student handbook and the provisions violated; Include proof of receipt/acknowledgment by students and parents/guardians
- Board policies violated
- Attendance history / Disciplinary history / Academic history (NOTE: These factors cannot be used to expel a student. These factors can be used to consider certain details related to the expulsion, such as length of expulsion, conditions for early reinstatement, and other relevant factors)
In the final part of this series we’ll take a look at some disciplinary alternatives, including conditional enrollment, the pre-expulsion hearing/contract, stipulated expulsion, withdrawal agreements and residency.
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