Jerome Joint School District No. 261

STUDENTS 3340P

Corrective Actions and Punishment

It is the intent of the Board to provide each student with those due process rights that are provided by law.

Suspension

In the event the proposed punishment of a student is to include denial of the right of school attendance from any

single class or full schedule of classes for at least one (1) day, the following procedure shall be used:

1. Before suspension, the student shall be provided a conference during which the charges will be explained

and the student will be given the opportunity to respond to the charges.

2. A pre-suspension conference is not required and the student can be immediately suspended when the

student’s presence poses a continuing danger to persons or property or an ongoing threat of disruption to

the educational process. In such cases, the notice and conference shall follow as soon as practicable.

3. Any suspension shall be reported immediately to the student’s parent or legal guardian. A written notice

of suspension shall state the reasons for the suspension, including any school rule which was violated, and

a notice to the parent or guardian of the right to a review of the suspension. A copy of the notice shall be

sent to the Superintendent.

4. Upon request of the parent or legal guardian, a review of the suspension shall be conducted by the

Superintendent. At the review, the student and parent or legal guardian may appear and discuss the

suspension with the Superintendent. After the meeting, the Superintendent shall take such action as

appropriate. That action is final.

5. Students who are absent as a result of an out-of-school suspension, or their parent/guardian, may request

that work missed during the period of suspension can be completed by the student for consideration for

the student grade.

6. The suspension of a student may be extended by the Superintendent and/or the Board in accordance with

State law. Written notice of the extension of a suspended student will be provided to the student’s

parent/legal guardian.

Expulsion

A student may be expelled from school only by the Board, and only after the following due process procedures

have been followed:

1. The Jerome School District utilizes a Hearing Officer procedure for expulsions. The Hearing Officer is

authorized by the board of trustees to conduct initial expulsion hearings and then make recommendation

for final disposition to the board. The student and parent or legal guardian shall be provided written

notice of the discipline hearing to consider the recommendation for expulsion, by registered or certified

mail at least three (3) school days before the date scheduled for the hearing. The notice shall include the

grounds for the proposed expulsion, the time and place of the hearing, information describing the process

to be used to conduct the hearing, including the rights of the student to be represented by counsel, to

produce witnesses and submit documentary evidence and the right to cross-examine adult witnesses who

testify against the student.

2. Within the limitation that the hearing must be conducted during the period of suspension, an expulsion

hearing may be rescheduled by the parent or legal guardian by submitting a request showing good cause

to the Superintendent at least two (2) school days prior to the date of the hearing as originally scheduled.

The Superintendent shall determine if the request shows good cause.

3. At the hearing, the student may be represented by counsel, present witnesses and other evidence, and

cross-examine adult witnesses. Formal rules of evidence are not binding on the Board.

4. To afford the student pupil privacy, the Board must take action on expulsion in executive session. The

student shall not be named in the minutes of the meeting, but a record of the decision will be placed in

the student’s educational record and in the official records of the Board.

Procedures for Students with Disabilities

Students with disabilities are entitled to all of the due process rights set forth above. In addition, the Individuals

with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) provide

additional discipline procedures to a student with disabilities. The District shall comply with the provisions of the

IDEA and Section 504 when disciplining students with disabilities.

Suspension of Students with Disabilities

The District may suspend a student with disabilities for up to ten cumulative or consecutive school days in a school

year for violation of the code of student conduct and educational services may cease to the same extent

educational services cease for students without disabilities. Cumulative suspensions, if over ten school days in a

school year, must not constitute a significant change in placement.

A significant change in placement occurs when a student with a disability is removed for more than ten

consecutive school days or is subjected to a series of suspensions or removals that

constitute a pattern of exclusion because they are more than ten school days in a school year, and because the

length of each removal, the total amount of time the student is removed, and the proximity of the removals to one

another indicate a pattern of exclusion.

For a student with an Individualized Education Program (IEP) who is suspended for more than ten cumulative

school days in a school year and a change in placement does not occur, educational services shall be provided to

the extent necessary to enable the student to appropriately progress in the general education curriculum and

appropriately advance toward achieving the goals set out in the IEP, although in another setting, as determined by

school personnel, in consultation with at least one of the student’s teachers.

Expulsion of Students with Disabilities

A student with and IEP or 504 plan may not be expelled if the student’s violation of the student code of conduct is

a manifestation of the student’s disability. Any student with an IEP or 504 plan whose violation of the code of

conduct is not a manifestation of the student’s disability may be expelled pursuant to expulsion procedures to the

same extent a nondisabled student would be expelled for the same violation.

If a student on an IEP is expelled for conduct not a manifestation of the student’s disability the student shall

continue to receive education services at an alternative setting, consisting of services necessary to enable the

student to appropriately progress in the general education curriculum and appropriately advance toward achieving

the goals set out in the student’s IEP during the period of expulsion. Additionally, the student must receive, as

appropriate, a functional behavioral assessment (FBA) and behavior intervention services and modifications

designed to address the behavior violation so that it does not recur.

If a student with a 504 plan is expelled for conduct not a manifestation of the student’s disability, educational

services may cease during the period of expulsion to the same extent educational services cease for students

without disabilities.

Additional Provisions

A student on an IEP who has carried a weapon to school or to a school function, or who knowingly possesses or

uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or a school function may be

removed from the student’s current placement. Such a student may be placed in an appropriate interim

alternative educational setting for no more than 45 school days in accordance with the IDEA.

A student who is not on an IEP and who has violated the code of student conduct may assert any of the

protections provided by the IDEA if it is determined the District had knowledge that the student was a child with a

disability before the behavior the precipitated the disciplinary action occurred. The District had knowledge if:

1. The parent expressed concern in writing to supervisory or administrative personnel, or to the student’s

teacher, that the student is in need of special education and related services; or

2. The parent requested an evaluation; or

3. The student’s teacher, or other District personnel expressed specific concerns about a pattern of behavior

by the student directly to the director of special education or other supervisory personnel.

Presence on School District Property

Any student who is suspended or expelled from school may be denied entrance to any or all schoolhouses and

school grounds.

Cross Reference: 1205 School Board Powers and Duties

6100P Board / Superintendent Relations

Legal Reference: I.C. § 33-512 (11) Governance of Schools.

Policy History:

Adopted on: 04/25/2009

Revised on: 05/22/2018

Revised on: 12/14/2021

Revised on: 04/23/2024