JGE - Expulsion

Print Feedback

Font Size: + -

Code: JGE
Adopted:08/08/17; 9/12/23
Orig. Code(s): JGE

A principal, after reviewing available information, may recommend to the superintendent that a student be expelled. Expulsion of a student shall not extend beyond one calendar year.

A student may only be expelled for any of the following circumstances:

1. When a student’s conduct poses a threat to the health or safety of students or employees;
2. When other strategies to change the student’s conduct have been ineffective, except that expulsion
may not be used to address truancy; or
3. When required by law.

The use of expulsion for discipline of a student in fifth grade or lower is limited to:

1. Nonaccidental conduct causing serious physical harm to a student or employee;
2. When a school administrator determines, based on the administrator’s observations or upon a report from an employee, the student’s conduct poses a direct threat to the health or safety of students or employees; or
3. When the expulsion is required by law.

The age of the student and the past pattern of behavior will be considered prior to imposing the expulsion.

No student may be expelled without a hearing unless the student’s parents, or the student if 18 years of age, waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing.

The Board delegates the authority to decide on an expulsion to the superintendent. The superintendent
may designate another person to handle the potential expulsion, and the superintendent, a designee or
another individual may act as the hearings officer. The ESD may contract with an individual who is not
employed by the ESD to serve as the hearings officer. The hearings officer will not be associated with the initial actions of the building administrators. The hearings officer will conduct the hearing and make a final decision regarding the expulsion. A decision of the hearings officer may be appealed by the parent or the student if age 18 or over to the Board for review.

If the decision of the hearings officer is appealed to the Board for review, the findings as to the facts and the hearings officer’s decision will be submitted to the Board, and will be available in identical form to the Board, the student and the student’s parents at the same time. At a future meeting, the Board will review the hearings officer’s decision and will affirm, modify or reverse the decision.

When a recommendation for an expulsion is made and a hearing is not waived, the following procedure is required:

1. Notice will be given to the student and the parent by personal service ¹ or by certified mail ² at least
five days prior to the scheduled hearing. Notice shall include:
a. The specific charge or charges and the specific facts which support the charge or charges;
b. A statement of the intent to consider the charges as reason for expulsion;
c. The student’s right to a hearing;
d. When and where the hearing will take place; and
e. The student may be represented by counsel or other persons.
2. If the parent or student does not understand the English language, the ESD will provide an
interpreter during the hearing. All communications will be in a manner that is understandable to the
parents and student;
3. The student shall be permitted to have representation present at the hearing to advise and to present arguments. The representation may be an attorney, parent or other person. The ESD’s attorney may be present;
4. The student shall be afforded the right to present their version of the events underlying the expulsion
recommendation and to introduce evidence by testimony, writings or other exhibits;
5. The student shall be permitted to be present and to hear the evidence presented by the ESD;
6. The hearings officer or the student may record the hearing;
7. Strict rules of evidence shall not apply to the proceedings. However, this shall not limit the hearings
officer’s control of the hearing;
8. A board-conducted hearing or a Board review of the hearings officer’s decision will be conducted in
executive session unless the student or the student’s parent requests a public hearing. If an executive
session is held by the Board or a private hearing held by the hearings officer, the following will not
be made public:
a. The name of the minor student;
b. The issues involved, including a student’s confidential record;
c. The discussion;
d. The vote of Board members, which may be taken in executive session when considering an
expulsion.

Prior to expulsion for reasons other than a weapons violation, the ESD must notify the student and parents of alternative programs of instruction or instruction combined with counseling and document this notification.

END OF POLICY

¹ The person serving the notice shall file a return of service. (OAR 581-021-0070)

² When “certified mail is given to a parent of a suspended student, the notice shall be placed in the mail at least five days before the date of the hearing.” (OAR 581-021-0070)

Legal Reference(s):