JKE Expulsion of Students

EXPULSION OF STUDENTS

No student may be expelled from school except by action of the Board.

Following a proper investigation of a student'student’s behavior and due process proceedings conducted in accordance with 20-Athe MRSABoard’s §districtwide 1001(8)(A),disciplinary policies, the Board shall expel studentthe student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9A).

Students in grade five or below cannot be expelled, except for violations of the Gun-Free Schools Act, as provided in 20-A MRSA § 1001(9-A).

The Superintendent has the discretion under Maine law to provide an alternative to expulsion on a case-by-case basis. Such determination must be made in writing to the parent/guardian.

The Board also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled will not likely recur.

NOTICE OF EXPULSION HEARING

Before any expulsion hearing, the Superintendent shall:

A. Provide written noticenotice, by regular and certified mail, to the parents/guardians and the student informing them of:that:

1. Informs

   Thethem of the date, time and location of the hearing;

2. Provides

   Aa description of the incident(s) that resulted in the expulsion hearing;

3. Informs

   Thethem student'sof and parents/guardians'their right to review the school'school’s records prior to the hearing;

4. Includes

   Aa descriptioncopy of the hearing process, including the student'Board’s rightexpulsion toguidelines present and cross-examine witnesses and his/her right to an attorney or other representation; and

   (JKE-R);

5. An explanation of the consequences of an expulsion.

   Informs them of the student’s right to an attorney or other representation, and the right to be present and cross-examine witnesses; and
6. Includes a list of available free and low-cost legal services, which must be created and updated annually by the Maine Department of Education.

B. Invite the parents/guardians and the student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.

EXPULSION HEARING

 AND REENTRY

The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.

Upon making a decision to expel a student, the Board may:

A. Expel the student for a specific period of time not to exceed the total number of instructional days approved by the Board for the current year; or

B. Expel the student for an unspecified period of time and authorize the Superintendent to provide the expelled student with a reentry plan, to be developed in accordance with 20-A MRSA § 1001(9-C), specifying the conditions that must be met in order for the student to be readmitted to school after the expulsion.

The Board has adopted guideless (JKE-R) that outline the procedure for conducting an expulsion hearing and for developing a reentry plan, if applicable.

After the expulsion hearing, the Board shall provide written notice of its decision to the parents/guardians and the student by certified mail.

Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled.

Legal Reference: Title 20-A, MRSA § 1001 (8-A), (9), (9A-9D)

1 MRSA § 405(6)(B)

Cross Reference: JKE-R - Expulsion of Students --– Guidelines

JIC – Student Code of Conduct JICIA --– Weapons, Violence and School Safety

JICK - Bullying JK --– Student Discipline

JKD --– Suspension of Students

JKF --– Disciplinary Removal of Students with Disabilities

Adopted: April 1, 1980

Revised: July 13, 1992; July 23, 2012; May 20, 20132013; May 23, 2023