Policy 5460

Students

Expulsion

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 05/25/2010
Related policies & regulations:  
Legal references:  29-2270 to 29-2273, 79-257, 79-266, 79-268, 79-283

 

1. Expulsion shall mean exclusion from attendance in all schools within the system for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within 10 school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within 10 school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year, or (c) unless the expulsion is for conduct specified in Policy 5480(C) or (D), in which case the expulsion shall remain in effect for the period specified therein. Such action may be modified or terminated by the School District at any time during the expulsion period. If the misconduct occurred prior to the last ten school days of the first semester and the expulsion takes effect in the second semester because the recommendation for expulsion was appealed to a hearing examiner or the school board or board of education, the length of the expulsion shall not exceed the number of days it would have been in effect had the appeal not been made.
2. Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by the hearing officer who conducted the initial expulsion hearing, or a hearing officer appointed by the Superintendent in the event no hearing was previously held or the initial hearing officer is no longer available or willing to serve, after the hearing officer has given notice of the review to the student and the student’s parent or guardian. This review shall be limited to newly discovered evidence or evidence of changes in the student’s circumstances occurring since the original hearing. This review may lead to a recommendation by the hearing officer that the student be readmitted for the upcoming school year.  If the Lincoln Board of Education or a committee of such Board took the final action to expel the student, the student may be readmitted only by action of the Board. Otherwise the student may be readmitted by action of the Superintendent.
3. Enforcement of an expulsion action may be suspended (i.e., “stayed”) for a period of not more than one full semester in addition to the balance of the semester in which the expulsion takes effect, and as a condition of such suspended action, the student may be assigned to a school, class, or program which the School District deems appropriate for rehabilitation of the student.  In lieu of other authorized educational programs to which the student may be assigned, such school, class, or program may be offered as a community-centered classroom and may include experiences for the student as an observer or aide in governmental functions, as an on-the-job trainee, and as a participant in specialized tutorial experiences or individually prescribed educational and counseling programs. Such programs shall include an individualized learning program to enable the student to continue academic work for credit toward graduation.  At the conclusion of the designated period:  (1) if the student has satisfactorily participated in the school, class, or program to which such student has been assigned, the student shall be reinstated and permitted to return to the school of former attendance or to attend other programs offered by the District, and action to expunge the record of the expulsion action may be taken at the discretion of the director of student services or their designee, or (2) if the student’s conduct has been unsatisfactory, the expulsion action shall be enforced.  The determination of whether the student’s participation and conduct has been satisfactory or not shall be made by the Director of Student Services or their administrative assistant.
4. Prior to the readmission to school of any student who is less than 19 years of age and who is subject to the supervision of a juvenile probation officer or an adult probation officer pursuant to the order of the District Court, County Court, Juvenile Court, who chooses to meet conditions of probation by attending school, and who has previously been expelled from school, the director of student services or designee shall meet with the student’s probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school (including conduct on school grounds and conduct during an educational function or event off school grounds) as well as educational objectives that must be achieved. If the guidelines, consequences, and objectives provided by the director of student services or designee are agreed to by the probation officer and the student, and the court permits the student to return to school under the agreed to conditions, the student may be permitted to return to school. The student shall, upon such return, be screened by the school for possible disabilities and, if the screening so indicates, be referred for evaluation for possible placement in a special education program. The student may be expelled or otherwise disciplined for subsequent conduct as provided in Board policy and state statute.
5. A student who is removed from school for any period of time (short-term or long-term suspension or expulsion) shall not be permitted on school grounds for the duration of the removal without the express permission of the school officials.
6. Returning from Expulsion. At the conclusion of the expulsion, the District will reinstate the student and accept nonduplicative, grade-appropriate credits earned by the student during the term of expulsion from any Nebraska accredited institution or institution accredited by one of the six regional accrediting bodies in the United States.