Policy 5440

Students

Short-term Suspension

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 05/25/2010
Related policies & regulations:  
Legal references:  79-257, 79-265

  

Students may be excluded by the principal or their designee from school or any school function for a period of up to five school days on the following grounds:

  1. Conduct constituting grounds for expulsion as hereinafter set forth, including conduct that occurs off school grounds if such conduct interferes with school purposes or there is a connection between such conduct and school; or
  2. Other violations of rules and standards of behavior adopted by the Lincoln Board of Education or the administrative staff of the school.
  3. The following process will apply to short-term suspension:
    • The party considering the short-term suspension shall make a reasonable investigation of the facts and circumstances. In addition, such short-term suspension shall be made only after a determination that the suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.
    • Prior to commencement of the short-term suspension, the student shall be given oral or written notice of the charges against the student. The student shall be advised of what the student is accused of having done, and the basis of the accusation, and an explanation of the evidence the authorities have.
    • The student shall be afforded an opportunity to explain the student’s version of the facts to the person effecting the short-term suspension.
    • Within 24 hours or such additional time as is reasonably necessary, not to exceed an additional 48 hours, following the suspension, the principal or administrator shall send a written statement to the student, and the student’s parent or guardian describing the student’s conduct, misconduct or violation of the rule or standard and the reasons for the action taken. An opportunity shall be afforded to the student, and the student’s parent or guardian, to have a conference with regard to the matter with the principal or administrator ordering the short-term suspension before or at the time the student returns to school. The principal or administrator shall determine who in addition to the parents or guardians shall attend the conference. The principal will document their attempt to make a reasonable effort to hold a conference with the parent or guardian.
    • If the student is suspended pending the outcome of a hearing, the student may complete classwork and homework, including, but not limited to, examinations, missed during the period of suspension. During this period, the student will not be required to attend alternative programs for expelled students in order to complete classwork or homework.
  4. Exception for pre-kindergarten through second grade students. Notwithstanding the foregoing, no pre-kindergarten through second grade student may be suspended from school, unless the student brings a deadly weapon on school grounds, in a school vehicle, or to a school activity. Instead, the principal or principal’s designee may implement alternative disciplinary measures on a case-by-case basis if a pre-kindergarten through second grade student engages in misconduct that would have otherwise result in a short-term suspension. If a pre-kindergarten through second grade student brings a deadly weapon on school grounds, in a school vehicle, or to a school activity, then the student may be suspended or expelled in accordance with the District’s disciplinary procedures.