Pupil Discipline & Expulsion

In late September of 2023, Kirk Strang presented a legal update at the CESA 10 Superintendent Meeting with a focus on six topics …

1. Pupil Discipline & Expulsion
2. Expulsion — the Unwritten Rules, Politics, & Stray Thoughts
3. Disciplinary Alternatives to Expulsion
4. Nonrenewal Teacher & Administrator Contracts
5. Gender Identity
6. Student Speech & Expression

In this 6-part series, we’ll tackle each of these topics one-by-one, recapping all of Kirk’s major talking points.

Part 1 of the series is all about pupil discipline and expulsion, with an emphasis on:

• Grounds for expulsion
• Notice of pupil expulsion hearing
• Extension of suspension
• Expulsion variants
• Conditional early reinstatement

GROUNDS FOR EXPULSION

1. Repeated refusal or neglect to obey the rules.
2. Bomb threats.
3. Endangering property, health, or safety of others while at school.
4. Endangering property, health, or safety of others while not at school, but while others are at school.
5. Endangering property, health, or safety of a school board member or an employee.
6. A student that is 16 years old or older repeatedly engaged in conduct that disrupts the ability of school authorities to maintain order or an educational atmosphere at school (or at an activity), where the conduct does not qualify for expulsion under certain other provisions of the expulsion statute.

7. Possession of a firearm while at school or while under the supervision of a school authority.

   NOTE: The school board must hold an expulsion hearing in this case and must expel the pupil for not less than one year if it finds the pupil possessed a firearm while at school or while under the supervision of a school authority.

NOTICE OF PUPIL EXPULSION HEARING

Written notice of an expulsion hearing must be provided to the pupil at least 5 days before the hearing. The notice must state all of the following:

1. The specific grounds and the particulars of the pupil's alleged conduct upon which the expulsion proceeding is based.
2. The time and place of the hearing.
3. That the hearing may result in the pupil's expulsion.
4. That, upon request of the pupil or a minor pupil’s parent(s)/guardian(s), the hearing shall be closed.
5. That the pupil or a minor pupil’s parent(s)/guardian(s) may be represented at the hearing by counsel.
6. That the school board shall keep written minutes of the hearing.
7. That the school district clerk shall mail a copy of the expulsion order to the pupil and the pupil’s parent(s)/guardian(s) if the pupil is a minor.
8. That the expelled pupil or a minor pupil's parent(s)/guardian(s) may appeal the school board's decision to DPI.
9. That if the school board's decision is appealed to DPI, within 60 days of receiving the appeal, DPI shall review the decision and approve, reverse or modify the decision.
10. That the decision of the school board shall be enforced while DPI reviews the decision.
11. That an appeal from DPI’s decision may be taken, within 30 days, to the circuit court for the county in which the school is located.
12. That the state statutes related to pupil expulsion are §§ 119.25 and 120.13 (1). 

Don’t forget the date!

The state superintendent has repeatedly determined that for most notices of pupil expulsion hearing an approximate date of when relevant events occurred is required for due process.

EXTENSION OF SUSPENSION

1. A student’s suspension can be extended for up to a total of 15 consecutive school days, “if a notice of expulsion hearing has been sent.” Wis. Stat. § 120.13(1)(b)2.
2. A special education student’s suspension may only be extended for up to a total of 10 consecutive school days.

EXPULSION VARIANTS

1. Permanent removal from school.
2. Measured penalty (for example, a period of removal, followed by a return to school and an opportunity to graduate).
3. Can be a vehicle for conditions for early reinstatement as part of an order of expulsion.

CONDITIONAL EARLY REINSTATEMENT

(Discussed primarily in alternative means of securing disciplinary or behavioral outcomes)

1. A school board may specify one or more early reinstatement conditions in the expulsion order.
2. Common conditions:
   1. Counseling relevant to the behavior resulting in expulsion.
   2. AODA interventions where appropriate.
   3. Internal counseling check-ins.
   4. Opportunity for expungement of expulsion from the student’s records.
3. Conditions must be related to the behavior/infraction.
4. Conditional reinstatement may not be revoked if the student is disabled and the violation of the condition is found to be a manifestation of the student’s disability.
5. Conditions set forth by a school board are final and not subject to appeal.
6. The District Administrator or his/her designee has the authority to determine when the conditions for early reinstatement have been met and grant early reinstatement. 

NOTE: The District Administrator’s designee may not be a principal, administrator, or teacher in the pupil’s school.

This brings us to the end of Part 1 of our series. Next up, in Part 2, we’ll continue with the topic of expulsion, shifting our focus to Kirk’s insights into the unwritten rules, politics and stray thoughts concerning expulsion.