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POLICIES

Frequently requested policies

 

Students - Series 5000 (5000-5138)

Some of these files are large and may take several minutes to download.
Every effort is made to keep these policies current.  To ensure the latest version, please see the
hard copies available in the Superintendent's office and any school office

Frequently Requested Policies.

Series 0000 - Mission, Goals, Objectives

Series 5000 - Students (Policies 5000 to 5138)

Series 1000 - Community Relations

Series 5000 - Students (Policies 5141.1 to 5146)

Series 2000 - Administration

Series 6000 - Instruction

Series 3000 - Business & Non-Instructional Operation

Series 7000 - Construction of Physical Facilities

Series 4000 - Personnel - Certified & Non-Certified

Series 9000 - Bylaws of the Board

 

INDEX

Contract,
Policy or
Number       Regulation

 

0.          Concept and Roles in Student Personnel .................................................... 5000           P

 

1.          Elementary and Secondary

             A.       Attendance

(1)        Admission............................................................................5111           P

(2)        Ages of Attendance..............................................................5112           P

(3)        Attendance and Excuses ......................................................5113           P/R

(a)        Permits to Work/Leaving Certificates .  . ................. 5113.1        R

(4)        Suspension/Expulsion; Exclusion/Removal...........................  5114           P/R

(a)        Student Due Process.................................................5114.1        P/R

(5)        School Attendance Areas .....................................................5117           P
(6)        Nonresident Attendance  ......................................................5118           P/R

(7)        Homeless Students................................................................5118.1        P/R

             B.       Progress/Records 

(1)        Examination/Grading/Rating ................................................ .5121           P

(2)        Assigning Students To a Teacher and Classes....................... 5122           P

(3)        Promotion/Acceleration/Retention ....................................... .5123          P/R

(4)        Reporting to Parents .............................................................5124          P

(5)        Student Records ...................................................................5125          P/R

(a)        Confidentiality ......................................................... .5125.1       P/R

(6)        Awards for Achievement ..................................................... .5126          P

(7)        Class Rank ............................................................................5128          P

             C.       Activities

(1)        Conduct ................................................................................5131          P

(a)        Bus Conduct ............................................................ 5131.1        P

(b)        Student Driving/Parking .......................................... ..5131.3        P/R

(c)        Vandalism ................................................................ 5131.5        P

(f)         Drugs, Tobacco, Alcohol  ......................................... 5131.6        P/R

(g)        Weapons and Dangerous Instruments ...................... ..5131.7        P 

(h)      . Off‑School Misconduct ........................................... ..5131.8        P

(i)........ Terroristic Threats/Acts............................................. ..5131.21      P/R

(j)........ Steroid Use................................................................ 5131.62      P

(k)....... Hazing                                 ....................................... 5131.91      P/R

(l)  ...... Bullying..................................................................... ..5131.911    P/R

(2)        Dress & Grooming ................................................................ .5132           P/R

(3)        Married/Pregnant Students ................................................... ..5134           P/R

(4)        Sports – Adding or Eliminating Interscholastic Sports or Clubs  5138           P/R

   
 

5000

Students

 

Concept and Roles in Student Policies

 

The focus of the school system is on the learner, the student. The student's educational development toward the school's goals is the central concern of the Clinton Board of Education's policies and the administrator's regulations.

 

Each child of each parent shall be given equal opportunity. However, children vary widely in capacities, interests, social and economic background and therefore, no two can be treated exactly alike if the fullest development of each is to be achieved.

 

The Board of Education will attempt to erase any limitations of facilities and means that stand in the way of our school's availability to all who wish to learn.

 

Discrimination among students attending our schools with respect to race, color, religious creed, age, marital status, national origin, sex or physical disability is prohibited.

 

Legal Reference:   Title IX of the Education Amendments of 1972 (42 U.S.C. 1134n et seq.)

 

                                        Section 504, U.S. Rehabilitation Act. 1973, 29 U.S.C. @ 794

 

                                        Connecticut General Statutes

 

                                        10‑15c Discrimination in public schools prohibited.

 

Policy adopted:    June 15, 1992                                          CLINTON PUBLIC SCHOOLS

                                                                                              Clinton, Connecticut

 

5111

 

Students

 

Admission/Placement

 

 

 

The Clinton Public Schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year who reside in Clinton. Exceptions from routine admission may be made by the elementary school principal on the basis of supporting evidence from physical and psychological examinations.

 

Children who apply for initial admission to the district's schools by transfer from nonpublic schools or from schools outside the district will be placed at the grade they would have reached elsewhere pending observation and evaluation by classroom teachers, guidance personnel, and the school principal. After such observations and evaluations have been completed, the principal will determine the final grade placement of the children.

 

 

Legal Reference:   Connecticut General Statutes

 

  10‑261 Definitions.

 

                10‑15 Towns to maintain schools.

 

                                        10‑15c School attendance by five year olds.

 

                                        State Board of Education Regulations

 

                                        10‑76d‑7 Admission of student requiring special education (referral).

 

 

Policy adopted:    June 15, 1992                                    CLINTON PUBLIC SCHOOLS

                                                                                      Clinton, Connecticut


 

5112

 

Students

 

Ages of Attendance

 

 

In compliance with Connecticut General Statutes 10‑186, the Clinton Board of Education shall provide education for all persons who are four years, eight months and older as of September 1st and under twenty‑one years of age who have not graduated from a high school or vocational school, except as provided in Connecticut General Statutes 10‑233c and 10‑233d. According to Connecticut General Statutes 10‑76d(b2), special education will be provided for children who have not attained school age who have been identified as being in need of special education, and whose educational potential will be irreparably diminished without special education.

 

Parents and those who have the care of children seven years of age and older and under sixteen years of age are obligated by Connecticut law to cause any such child to attend public day school or its equivalent.

 

Legal Reference:   Connecticut General Statutes

 

                                        10‑15 Towns to maintain schools.

 

                                        10‑15c Discrimination in public schools prohibited. School attendance by five‑year olds.

 

                                        10‑76a‑1 General definitions.

 

                                        10‑76a ‑ 10‑76g re special education.

 

                                        10‑184 Duties of parents (re mandatory schooling for children age seven or older and under sixteen years, inclusive).

 

                                        10‑186 Duties of local and regional boards of education re school attendance. Hearing. Appeal to state board. Establishment of hearing board.

 

                                        10‑233a‑10‑233f Inclusive, re: suspend, expel removal of pupils.

 

                                        State Board of Education Regulations

 

 

Policy adopted:    June 15, 1992                                         CLINTON PUBLIC SCHOOLS

                                                                                          Clinton, Connecticut

 

5113.1

 Students

 

Certificate of Age

 

 The Superintendent, or an agent designated by the Superintendent shall, upon application and in accordance with procedures established by the state Board of Education, furnish a certificate of age of any student to an employer wishing to employ said student.

 

 

Legal Reference:                                         Connecticut General Statutes

 

10‑193 Certificate of age of minors in certain occupations.

 

10‑194 Penalty.

 

10‑195 Evidence of age.

 

10‑197 Penalty of employment of children under fourteen.

 

10‑198 False statement as to age.

 

Regulation approved:     June 15, 1992                               CLINTON PUBLIC SCHOOLS

                                                                    Clinton, Connecticut

 

 

5114(PAGEa)

5114.1

 

POLICY

 

STUDENTS

 

Suspension and Expulsion/Due Process

A.  Definitions

 

The following definitions apply to the policies and regulations on discipline, including both suspension and expulsion:

 

1.         Exclusion means any denial of public school privileges to a pupil for disciplinary purposes.

 

2.         Emergency means a situation in which the continued presence of the pupil in school poses such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such pupil as possible.

 

3.         School-Sponsored Activity means any activity sponsored, recognized or authorized by the Board and includes activities conducted on or off school property.

 

4.         Removal is the exclusion of a student for a class period of ninety minutes or less.

 

            A student may be removed from class by a teacher or administrator if he/she deliberately causes a serious disruption of the educational process.  When a student is removed, the teacher must send him/her to a designated area and notify the principal at once.  A student may not be removed from class more than six times in one school year nor more than twice in one week unless the student is referred to the building principal or designee and granted an informal hearing at which the student should be informed of the reasons for the disciplinary action and given an opportunity to explain the situation.

 

5.         In-School Suspension means an exclusion from regular classroom activity for no more than five consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed. 

 

6.         Suspension means the exclusion of a student from school and/or transportation services for not more than ten (10) consecutive school days, provided such suspension shall not extend beyond the end of the school year in which such suspension is imposed. 

 

7.         Expulsion means the exclusion of a pupil from school privileges for more than ten (10) consecutive school days.  Such period of exclusion may extend to the school year following the school year in which the exclusion was imposed, up to one calendar year.

 

8.         Notwithstanding the foregoing, the reassignment of a student from one

regular education classroom program in the district to another regular education classroom program in the district shall not constitute a suspension or expulsion.

 

9.         Deadly weapon means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon or metal knuckles.

 

10.       Dangerous instrument means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious personal injury, and includes a “vehicle.”

 

11.       Martial Arts weapon includes, but is not limited to, a nunchaku, kama, kasarifundo, octagon sai, tonfa or chinese star.

 

B.      Removal From Class

 

1.                     A teacher is hereby authorized to remove a student from class when such student causes a serious disruption of the educational process within the classroom.

 

2.                     Such teacher shall send the student to a designated area and shall immediately notify the building principal or designee as to the name of the student and the reason for removal.

 

3.                     No student shall be removed from the same class more than six (6) times in any year, (three (3) times in a semester, nor more than twice in one week, unless such student is referred to the building principal or designee and granted an informal hearing in accordance with the provisions of Section D.3. of this policy.

 

 

C.  Suspension and/or Expulsion

 

1.         A student may be disciplined, up to and including

·         in-school suspension,

·         out-of-school suspension, and/or

·         expulsion,

for unacceptable conduct

·         on school grounds,

·         on school transportation vehicles,

·         or at any school-sponsored activity,

that is seriously disruptive of the educational process, or that violates a publicized policy of the Board.

 

Unacceptable conduct includes, but is not limited to, one or more of the following list:

 

a.         Willfully striking or assaulting a student, members of the school staff or others;

 

b.         Causing a threat or danger to the physical well-being of himself/herself or other people;

 

c.         Theft;

 

d.         The use, either spoken or written (including on clothing) of obscene or profane language or gestures on school property or at a school-sponsored activity;

 

e.         Violation of smoking, dress or transportation regulations;

 

f.          Refusal to obey a member of the school staff, or disruptive classroom behavior;

 

g.         Refusal by a student to identify himself/herself to a staff member when asked;

 

h.         Participation in any unauthorized occupancy by any group of students or others of any part of any school, school premises or other building owned by any school district after having been ordered to leave said school premises or other facility by the Principal or other person in charge of said school building or facility;

 

i.          Participation in any walk-out from or sit-in of a school room or school building by any group of students and/or refusing to immediately return to assigned room or building after having been directed to do so by the Principal or other person in-charge of said school room or school building or facility;

 

j.                   Bullying, blackmailing, threatening or intimidating school staff or students;

 

k.                 Participation in an inappropriate activity of a sexual nature;

 

l.          Possession of a firearm, as defined in 18 U.S.C. 921, any weapon, weapon facsimile, deadly weapon, knife (defined as a blade of any length with a cutting edge), dangerous instrument, pellet gun, explosive device, or martial arts weapon, as defined in Section 53a-3, such as pistol, black jack, bludgeon, billy, metal knuckles, etc.;

           

            Note – 18 U.S.C. 921 defines a firearm as any weapon that can expel a projectile by any explosive action and includes explosive devices, incendiaries, poison gases, and firearm frames, receivers, mufflers or silencers.

 

m.        Unauthorized entrance into any school facility or portion of a school facility or aiding, abetting or inciting an unauthorized entrance or occupation, and/or failure to leave such school premises or other facility promptly after having been directed to do so by the Principal or other person then in charge of such building or facility;

 

n.         Explosive/Fire - Possession or ignition of any fireworks or other explosive materials, or ignition of any material causing a fire;

 

o.         Unauthorized possession, sale, distribution, use or consumption of tobacco, drugs, narcotics, or alcoholic beverages; or any attempt to pass off any substance as an alcoholic beverage, a drug, or a narcotic;

 

            For the purposes of this subparagraph, the term “drugs” shall include, but shall not be limited to, any medicinal preparation (prescription and non-prescription) and any controlled substance whose possession, sale, distribution, use or consumption is illegal under state and/or federal law.

Unauthorized use or possession of such substances shall mean use or possession without a valid prescription.

 

p.         Possession of paraphernalia used or designed to be used in the consumption, sale or distribution of drugs, narcotics, alcohol or tobacco as defined in subparagraph (o) above;

 

q.         Knowingly being in the presence of those who are/were in possession of, using, transmitting, or are/were under the influence of, any narcotic drug, alcoholic beverage, or intoxicant of any kind;

 

r.          The willful destruction of real, personal or school property, such as, cutting, defacing or otherwise damaging property in any way;

 

s.          Accumulation of minor offenses such as school and class tardiness, class or study hall cutting, or failure to attend detention;

 

t.          Deliberate trespassing on school grounds while on out-of-school suspension or expulsion;

 

u.         Making false "Bomb Threat" calls, or calls of a similar nature, to the public schools, to the police or media, or turning in a false alarm;

 

v.         Repeated and/or intentional defiance of school or classroom rules and the valid authority of teachers, supervisors or administrators;

 

w.        Throwing snowballs, rocks, sticks and similar objects;

 

x.         Taking school property without permission;

 

y.         Unauthorized and/or reckless and/or improper operation of a motor vehicle on school grounds or at any school-sponsored activity;

 

z.         Any other violation of school rules or regulations or a series of violations which makes the presence of the student in school seriously disruptive of the educational process;

 

aa.        Leaving school grounds, school transportation or a school-sponsored activity without authorization;

 

bb.       Use of or copying of the academic work of another individual and presenting it as the student's own work, without proper attribution;

 

cc.               Possession and/or use of a computer, beeper, paging device, laser pointers, walkie-talkie or similar electronic device on school grounds or at a school-sponsored activity without the permission of the principal or his/her designee;

 

dd.             Possession and/or use of a radio, walkman, or computer game in a school building during the school day and for a period of one-half hour before and after the student day; or the use of a cellular phone in a school building during the school day;

 

The ban on any of these devices may be extended on an individual or school-wide basis by the principal or his/her designee if the student or device is disruptive to the activity or causing interference with other participants or spectators.

 

ee.        Unauthorized use of any school computer, computer system, computer software, Internet connection or similar school property or system, or the use of such property or system for unauthorized or non-school related purposes;

 

ff.        Any act of harassment based on an individual's sex, sexual orientation, race, color, religion, disability, national origin or ancestry, including, but not limited to, making or writing suggestive or obscene letters, notes, invitations, derogatory comments, gestures, slurs, jokes, epithets, assaulting, touching, impeding or blocking movements of another, leering, displaying sexually suggestive objects, pictures or cartoons, or continuing to solicit a person after being informed that the interest is unwelcome;

 

gg.       Repeated unauthorized absence from school;

 

hh.       Intentional and successful incitement of truancy by other students;

 

ii.         Tampering with school documents;

 

jj.         Adjudication as a delinquent or a youthful offender if the conduct leading to the adjudication is determined to be seriously disruptive of the educational process or in violation of a publicized policy of the Board;

 

kk.                Any action prohibited by any Federal or State law which would indicate that the student presents a danger to any person in the school community or school property.

 

2.                 Students are subject to suspension or expulsion for conduct off school property and outside of school-sponsored activities in accordance with the law, for conduct that violates a publicized policy of the Board and is seriously disruptive of the educational process, including but not limited to the following:

 

a.                      Conduct leading to a Class A misdemeanor or felony arrest if that conduct is determined to pose a danger to the student, another student(s), a school employee(s) or school property;

b.                     Adjudication as a delinquent or a youthful offender as the result of a felony if the conduct leading to the adjudication is determined to pose a danger to the student, another student(s), a school employee(s) or school property;

c.                      Knowingly possessing a firearm as currently defined by 18 U.S.C. 921, which has been defined earlier;

d.                     Knowingly possessing a firearm or deadly weapon, including martial arts weapons (A firearm includes any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or other weapon whether loaded or unloaded from which a shot may be discharged.  A dangerous weapon includes a switchblade, gravity knife, billy, black jack, bludgeon or metal knuckles.);

e.                      Knowingly possessing or using a dangerous instrument, article or substance, which, under the circumstances in which it is used or attempted or threatened to be used is capable of causing death or serious physical injury and includes a vehicle as defined in C.G.S. 53a-3.

 

3.         In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration or the Board of Education may consider, but such consideration shall not be limited to  (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol or controlled substances.

 

 

D.  Suspension Procedures

 

1.         The administration of each school shall have the authority to invoke suspension for a period of up to ten days or to invoke in-school suspension for a period of up to five days of any student for one or more of the reasons stated in paragraph C. Suspension and Expulsion, above, in accordance with the procedure outlined in this paragraph.  The administration shall also have the authority to suspend a student from transportation services whose conduct while awaiting or receiving transportation violates the standards set forth in paragraph C. Suspension and Expulsion, above.  The administration shall have the authority to immediately suspend from school any student when an emergency exists as that term is defined in paragraph A. Definitions, above;

 

            If an emergency situation exists, the hearing outlined in paragraph E.4.c. shall be held as soon as possible after the exclusion of the student;

 

2.         In the case of suspension, the administration shall notify the student’s parents and the Superintendent of Schools within twenty-four (24) hours of the suspension as to the name of the student who has been suspended and the reason therefore.  Any student who is suspended shall be given an opportunity to complete any class work including, but not limited to, examinations which such student missed during the period of his/her suspension;.

 

3.         Except in the case of an emergency, as defined in paragraph A. Definitions, above, a student shall be afforded the opportunity to meet with the administration and to respond to the stated charges prior to the effectuation of any period of suspension or in-school suspension.  If, at such a meeting the student denies the stated charges, he/she may at that time present his/her version of the incident(s) upon which the proposed suspension is based.  The administration shall then determine whether or not suspension or in-school suspension is warranted.  In determining the length of a suspension period, the administration may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, or expulsion;

 

4.         No student shall be suspended more than ten times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless a hearing as provided in paragraph E.4.d. is first granted;

 

5.         No student shall be placed on in-school suspension more than fifteen times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion,  unless a hearing as provided in paragraph E.4.d., below, is first granted;

 

6.         During the period of suspension, the district is not required to provide any educational services to a special education student beyond that which is provided to all students suspended.

 

7.         The decision of the principal or designee with regard to disciplinary actions up to and including suspensions shall be final. Nothing in the informal hearing shall be taken to prevent a more formal hearing from being held if the circumstances warrant;

 

8.         The Superintendent shall report any unusually serious case of student suspension to the Board of Education at the first meeting following such action.

 

E.  Expulsion Procedures

 

 

1.         A Principal may recommend  to the Superintendent the expulsion of a pupil in a case where he/she has cause to believe the student engaged in conduct on school grounds or at a school-sponsored activity which endangers persons or property, is seriously disruptive of the educational process or is in violation of a publicized Board policy, or engaged in conduct off school grounds which is seriously disruptive of the educational process and in violation of a publicized Board policy.

 

2.         The Principal must recommend expulsion proceedings in all cases against any student whom the administration reasonably believes:

 

a.         was in possession on school grounds or at a school-sponsored activity of a deadly weapon, dangerous instrument, martial arts weapon, or firearm as defined in 18 USC 921 as amended from time to time; or  

 

b.         off school grounds, possessed a firearm as defined in 18 USC 921, in violation of Conn. Gen. Stat. 29-35, or possessed and used a firearm as defined in 18 USC 921, a deadly weapon, a dangerous instrument or a martial arts weapon in the commission of a crime; or

 

c.         was engaged on or off school grounds in offering for sale or distribution a controlled substance (as defined in Conn. Gen. Stat. §21a-240(9), whose manufacturing, distribution, sale, prescription, dispensing, transporting, or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under Conn. Gen. Stat. §§21a-277 and 21a-278.

           

3.         Upon receipt of an expulsion recommendation, the Superintendent may conduct an inquiry concerning the expulsion recommendation.

 

            If the Superintendent or his/her designee determines that a student should or must be expelled, he or she shall forward his/her recommendation to the Board of Education so that the Board of Education can consider and act upon this recommendation.

 

4.         Procedures For Expulsion Hearings Conducted By the Board of Education.

 

a.                  The Board of Education may, upon recommendation of the Superintendent of Schools, expel any student for one or more of the reasons stated in this policy if in the judgment of the Board of Education, such disciplinary action is in the best interest of the school system.

b.                  Upon receipt of a recommendation for expulsion from the Superintendent of Schools the Board shall, after giving written notice to the student and his parents or guardian, if said student is less than 18 years of age, conduct a hearing prior to taking any action on the expulsion of said student, provided however, that in the event of an emergency as defined in this policy, the student may be expelled prior to the hearing but in such event a hearing shall be held as soon after the expulsion as possible.

c.                  Three members of the Board of Education shall constitute a quorum for an expulsion hearing.  A student may be expelled if a majority of the Board members sitting in the expulsion hearing vote to expel and provided at least three affirmative votes for expulsion are cast.

d.                 A special education student’s handicapping conditions shall be considered before making a decision to expel.  A Planning and Placement Team meeting must be held to determine whether the behavior of student was in violation of Board of Education standards set forth in policy governing suspension and expulsion are the result or manifestation of the student’s handicapping condition.

 

If the PPT team finds that the behavior was a direct manifestation of the student’s disability, the administration shall not proceed with the recommendation for expulsion.  The PPT shall consider the student’s misconduct and revise, if appropriate, the IEP to prevent a recurrence of the misconduct and to provide for the safety of other students and staff.

 

If the  PPT finds that the behavior was  not a manifestation of the student’s disability, the administration may proceed with the recommended expulsion or the suspension that would constitute a change in placement.

 

The District has the authority to determine whether the student should be removed from the classroom and placed in an appropriate alternative setting for not more than forty-five days if the student

 

1)      was in possession of a dangerous weapon, as defined in 18 U.S.C. 930(g)(2), as amended from time to time, on school grounds or at a school-sponsored activity, or

 

2)      knowingly possessed or used illegal drugs or sold or solicited the same of a controlled substance while at school or at a school-sponsored activity.

 

e.                  A 504 student shall be handled as stated in the first three paragraphs of E.4.d, above.

 

f.                   The procedure for any hearing conducted under this paragraph shall at least include the right to:

i.            Notice prior to the date of the proposed hearing which shall include a statement of the time, place and nature of the hearing; a statement of the legal jurisdiction under which the hearing is to be held; and a statement that the board is not required to offer an alternative educational opportunity to any student between 16 and 18 who was previously expelled or who is found to have engaged in conduct endangering persons which involved (1) possession of a firearm, deadly weapon, dangerous instrument or martial arts weapon on school property or school transportation or at a school-sponsored activity or (2) offering for sale or distribution on school property or at a school-sponsored activity a controlled substance, as defined in Section 21a-240(a) of the Connecticut General Statutes.

ii.          A short and plain statement of the matters asserted, if such matters have not already been provided in a statement of reasons requested by the student;

iii.        A list of accusing witnesses, at the option of the Superintendent, provided that the Superintendent reserves the right to call additional witnesses;

iv.        The opportunity to be heard in the student’s own defense;

v.          The opportunity to present witnesses and evidence in the student’s defense;

vi.        The opportunity to cross-examine adverse witnesses;

vii.      The opportunity to be represented by counsel at the parents’/student’s own expense; and

viii.    The opportunity to have the services of a translator, to be provided by the Board of Education whenever the student or his/her parent or legal guardian do not speak the English language.

ix.        The prompt notification of the decision of the Board of Education, which decision shall be in writing if adverse to the student concerned.

g.                  The record of the hearing held in any expulsion case shall include

            the following:

i.        All evidence received and considered by the Board of Education;

ii.      Questions and offers of proof, objections and ruling on such objections;

iii.    The decision of the Board of Education rendered after such hearing; and

iv.    A copy of the initial letter of notice of proposed expulsion, a copy of any statement of reasons provided upon request, and a statement of the notice of hearing.

h.                  Rules of evidence at expulsion hearings shall assure fairness, but shall not be controlled by the formal rules of evidence, and shall include the following:

i.        Any oral or documentary evidence may be received by the Board of Education but, as a matter of policy, irrelevant, immaterial or unduly repetitious evidence may be excluded.  In addition, other evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, suspension, or expulsion may be received for considering the length of an expulsion and the nature of the alternative educational opportunity, if any, to be offered;

ii.      The Board of Education shall give effect to the rules of privilege by law;

iii.    In order to expedite a hearing, evidence may be received in written form, provided the interest of any party is not substantially prejudiced thereby;

iv.    Documentary evidence may be received in the form of copies or excerpts;

v.      A party to an expulsion hearing may conduct cross-examination of witnesses where examination is required for a full and accurate disclosure of the facts;

vi.    The Board of Education may take notice of judicially cognizable facts in addition to facts within the Board’s specialized knowledge provided, however, the parties shall be notified either before or during the hearing of the material noticed, including any staff memoranda or data, and an opportunity shall be afforded to any party to contest the material so noticed;

vii.  A stenographic record or tape-recording of any oral proceedings before the Board of Education at an expulsion hearing shall be made provided, however, that a transcript of such proceedings shall be furnished upon request of a party with the cost of such transcript to be paid by the requesting party.  Findings of fact made by the Board after an expulsion hearing shall be based exclusively upon the evidence adduced at the hearing.

 

F.         Notification

 

1.         The parents or guardian of any minor pupil either expelled or suspended or

removed from class shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of the period of expulsion, suspension, or removal from class.

 

2.         The Superintendent of Schools shall forward to the pupil concerned and his/her      parents, or the pupil if he/she has attained the age of 18, a copy of this Board policy on student discipline at the time the Superintendent sends out the notice that an expulsion hearing will be convened.

 

G.                Alternative Educational Opportunities

 

            The Board of Education recognizes its obligation to offer any student under the age of sixteen who is expelled an alternative educational opportunity during the period of expulsion.  Any parent or guardian of such a student who does not choose to have his or her child enrolled in an alternative education program shall not be subject to the provisions of 10-184 of the Connecticut General Statutes.

 

Except as provided below, any expelled student between the ages of sixteen and eighteen who wishes to continue his/her education shall be offered an alternative educational opportunity if he or she complies with conditions established by the Board of Education.  Such alternative may include, but shall not be limited to, the placement of such student in a regular classroom program of a school other than the one from which the student has been excluded.

 

An alternative educational opportunity need not be provided to a student who has been expelled previously, whether or not such expulsion occurred prior to the student’s sixteenth birthday, or for conduct endangering persons which included (1) carrying a dangerous instrument or weapon on, or introducing a dangerous instrument or weapon on to school property or possession of a dangerous instrument or weapon at a school-sponsored activity or (2) offering for sale or distribution on school property or at a school-sponsored activity a controlled substance, as defined in Section 21a-240(9) of the Connecticut General Statutes.

 

In accordance with the requirements of state law, if a student is expelled for the sale or distribution of a controlled substance, the Board shall refer the student to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action.

 

The Board will report annually to the Commissioner of Education, as prescribed, information pertaining to expulsions for weapons and/or dangerous instruments.

 

The provisions of this section (Alternative Educational Opportunities) shall not apply to students requiring special education or described in subdivision (1) of subsection (e) of 10-76a of the Connecticut General Statutes.

 

A student age 16 or older may be placed in an adult education program as an alternative educational opportunity.

 

Any special education student expelled for a misconduct not caused by the student’s disability must be offered an alternative educational opportunity consistent with the student’s needs during the period of expulsion.

 

 

H.        Other Considerations

 

1.                 If a student is suspended, notice of the suspension and the conduct for which the student was expelled shall be included on the student’s cumulative educational record.  Such notice shall be expunged from the cumulative educational record if the student graduates from high school unless the expulsion was based on possession of a firearm or dangerous weapon.

2.                 If a student is expelled, notice of the expulsion and the conduct for which the student was expelled shall be included on the student’s cumulative educational record.  Such notice shall be expunged from the cumulative educational record by the Board if the student graduates from high school unless the expulsion notice is based on possession of a firearm or deadly weapon.

3.                 The Board may adopt the decision of a student expulsion hearing conducted by another school district provided such board of education held a hearing pursuant to C.G.S.10-233d(a).  Adoption of such a decision shall be limited to a determination of whether the conduct which was the basis for the expulsion would also warrant expulsion under the policies of this Board.  The student shall be excluded from school pending such hearing.  The excluded student shall be offered an alternative educational opportunity in accordance with section G. Alternative Educational Opportunities, above.

4.                 Whenever a student against whom an expulsion hearing is pending withdraws from school and after notification of such hearing, but before the hearing is completed and a decision rendered, (1) notice of the pending expulsion hearing shall be included on the student’s cumulative educational record and (2) the Board shall complete the expulsion hearing and render a decision.

5.                 Expulsion proceedings shall be required, except as to special education students as described in paragraph h below, if there is reason to believe (1) a student possessed a firearm as defined in 18 U.S.C. 921, deadly weapon, dangerous instrument, or martial art weapon on school property or at any school activity (2) off school grounds possessed a firearm as defined in 18 U.S.C. 921 in violation of Connecticut General Statutes § 29-35, or used such firearm, deadly weapon, dangerous instrument or martial arts weapon in the commission of a crime, or (3) on or off school grounds offered for sale or distribution a dangerous drug, as def