Regulation 5461-1

Students

Alternative Education Programs or Plans for Students who are Expelled

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 05/25/2010
Related policies & regulations:  
Legal references:  79-266

 

In the event action is taken to expel a student, the Superintendent or Superintendent’s designee may offer the student an alternative school, class, or educational program (hereinafter referred to as an “alternative program”) or (2) the development of a plan of behavior modification, educational objectives, and financial resources and community programs available to meet the behavioral objectives, and monthly reviews to assess the student’s progress toward meeting the specified goals and objectives. An expelled student may not be required to attend the alternative program.

1. ALTERNATIVE EDUCATION PROGRAM
   • The Superintendent or Superintendent’s designee is hereby granted the authority to arrange and plan for a student’s alternative educational program, based on the available resources and student’s individual circumstances.
   • The standards of student behavior and cooperation required of students in the regular programs of this School District shall also be required of expelled students throughout the entire time period of the alternative program.  Additional standards may be established in each specific program and for each specific expelled student.  If the expelled student fails to meet the required standards of student behavior or cooperation, the student may be further disciplined by disciplinary punishment up to and including expulsion for an additional period of time beyond that being served by the expelled student.  Further, if the expelled student fails to meet any of the conditions of the learning program, the District may, by action of the Superintendent or Superintendent’s designee, terminate the alternative program for the expelled student.  A due process hearing substantially in compliance with the statutory provisions for suspension and expulsion of students shall be made available, unless waived by the parent or legal guardian.
   • Upon preapproval by the Superintendent or the Superintendent’s designee, academic credit towards graduation or advancement in grade level shall be available to students participating in alternative programs for expelled students.  The academic credits to be awarded shall be equal to the same academic credit a student in the School District’s regular educational program would earn for completion of a similar educational program, as determined in the discretion of the Superintendent or Superintendent’s designee.  Such academic credits shall not be earned unless the expelled student has successfully completed the conditions of the alternative program, as determined by the teacher and the Superintendent or Superintendent’s designee.  The Superintendent or Superintendent’s designee shall determine whether or to what extent such academic credits should be assigned to subject area or other specific graduation or advancement requirements.  The achievement mark (i.e., grades) assigned for such academic credit shall be pass/no pass.
2. EDUCATION PLAN PROGRAM
   • If the administration elects not to provide an alternative education program, or if the student declines to participate in the alternative education program, the following procedures shall be followed prior to expelling a student unless the expulsion resulted from having a firearm as required by subsection (4) of the Neb. Rev. Stat, § 79-283.
     • A conference shall be called by a school administrator and held to assist the District in the development of a plan with the participation of a parent or a legal guardian, the student, a school representative, and a representative of either a community organization with a mission of assisting young people or a representative of an agency involved with juvenile justice.
     • The plan shall be in writing and adopted by a school administrator and presented to the student and the parent or legal guardian.
     • The plan shall:
       • Specify guidelines and consequences for behaviors which have been identified as preventing the student from achieving the desired benefits from the educational opportunities provided,
       • Identify educational objectives that must be achieved in order to receive credits toward graduation,
       • Specify the financial resources of the community programs available to meet both the educational and behavioral objectives identified, and
       • Require the student to attend monthly reviews in order to assess the student’s progress toward meeting the specified goals and objectives.