The Superintendent or designee shall implement expulsion procedures that provide, at a minimum, for the following:
- Before a student may be expelled, the student and his or her parent(s)/guardian(s) shall be provided a written request to appear at a hearing to determine whether the student should be expelled. The request shall be sent by registered or certified mail, return receipt requested. The request shall:
- Include the time, date, and place for the hearing.
- Briefly describe what will happen during the hearing.
- Detail the specific act of gross disobedience or misconduct resulting in the decision to recommend expulsion.
- List the student’s prior suspension(s).
- State that the School Code allows the School Board to expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis.
- Ask that the student or parent(s)/guardian(s) or attorney inform the Superintendent or Board Attorney if the student will be represented by an attorney and, if so, the attorney’s name and contact information.
Unless the student and parent(s)/guardian(s) indicate that they do not want a hearing or fail to appear at the designated time and place, the hearing will proceed. It shall be conducted by the Board or a hearing officer appointed by the Board.
Whenever the conduct of a student is such that the Superintendent believes the student should be recommended or presented to the Board of Education for expulsion from school as specified in The School Code, the following procedure shall apply:
- The Superintendent or designee shall send a certified letter to parents which shall include the following:
- The time and place of the expulsion hearing and the time and manner by which the parents or their representatives must respond if they wish to attend the hearing.
- A statement of the conduct on which the expulsion is based.
- A statement that if the parents cannot be present or if the student or his or her parents think the student’s interests can be better represented by the presence at the hearing of another adult in addition to the parents or guardian, the student may bring another adult to the hearing. The non-parent may be an attorney and may act as a representative of the student and the parents.
- The Superintendent shall arrange for the attendance of the Hearing Officer and have the hearing proceedings recorded and filed. The hearing shall be closed to the public.
- At the time of the hearing, the Superintendent shall furnish the Hearing Officer and the parents with copies of all documents relied upon by the Superintendent to support the recommended disciplinary action.
- If a hearing officer is appointed, he or she shall report to the Board the evidence presented at the hearing and the Board shall take such final action as it finds appropriate. Whenever there is evidence that mental illness may be the cause for the recommended expulsion, the Superintendent or designee shall invite a representative from the Dept. of Human Services to consult with the Board.
- During the expulsion hearing, the Board or hearing officer shall hear evidence concerning whether the student is guilty of the gross disobedience or misconduct as charged. School officials must provide: (1) testimony of any other interventions attempted and exhausted or of their determination that no other appropriate and available interventions were available for the student, and (2) evidence of the threat or disruption posed by the student. The student and his or her parent(s)/guardian(s) may be represented by counsel, offer evidence, present witnesses, cross-examine witnesses who testified, and otherwise present reasons why the student should not be expelled. After presentation of the evidence or receipt of the hearing officer’s report, the Board shall decide the issue of guilt and take such action as it finds appropriate.
- If the Board acts to expel the student, its written expulsion decision shall:
- Detail the specific reason why removing the student from his or her learning environment is in the best interest of the school.
- Provide a rationale for the specific duration of the recommended expulsion.
- Document how school officials determined that all behavioral and disciplinary interventions have been exhausted by specifying which interventions were attempted or whether school officials determined that no other appropriate and available interventions existed for the student.
- Document how the student’s continuing presence in school would (1) pose a threat to the safety of other students, staff, or members of the school community, or (2) substantially disrupt, impede, or interfere with the operation of the school.
- Upon expulsion, the District may refer the student to appropriate and available support services.
LEGAL REF.: 105 ILCS 5/10-22.6(a).
Goss v. Lopez, 95 S.Ct. 729 (1975).
CROSS REF.: 5:100 (Staff Development); 7:130 (Student Rights and Responsibilities), 7:190 (Student Behavior), 7:200 (Suspension Procedures), 7:230 (Misconduct by Students with Disabilities)
ADOPTED: November 22, 2004
UPDATED: October 25, 2010
August 22, 2016