Policy 5473 – Suspensions

The building principal/designee may suspend a student from school for the period of time authorized by law for any of the following reasons:

  1. Noncompliance with District policies or school rules;
  2. Knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives;
  3. Conduct while at school or under the supervision of a school authority which endangers the health, safety, or property of others; or
  4. Conduct while not at school or while not under the supervision of a school authority which endangers the health, safety, or property of others at school or under the supervision of a school authority, or of any District employee or School Board member.

“Conduct which endangers a person or property” includes making a threat to the health or safety of a person or making a threat to damage property. In addition, a student shall be suspended from school when required by law (e.g., possessing a firearm in violation of state law and Board policy). No student shall be suspended solely because of poor attendance or repeated tardiness.

Out-of-school suspension is a serious consequence which should be reserved for situations when it is reasonably justified and is carried out in accordance with state law requirements. Prior to suspension, a student shall be advised of the reason for the proposed suspension. The student shall have the right to respond (due process), except in emergency situations.

Students may be assigned to in- or out-of-school suspensions, ranging from a half-day to not more than 5.0 days of out-of-school suspension. A suspension shall not exceed five school days for each noncompliance of District policies or school rules or misconduct, except that a student may be suspended for not more than 15 consecutive school days pending an expulsion hearing.

The parent/guardian of a minor student shall be given prompt notice of the suspension and the reason therefore. Families are encouraged to discuss concerns they have regarding a suspension with the principal/designee of the school. However, within five days following the commencement of the suspension, the suspended student or the student’s parent(s)/guardian(s) may ‘appeal’ the suspension and have a conference with the Superintendent of Schools/designee. Such designee shall not be a staff member of the suspended student’s school. If the Superintendent/designee determines that the suspension was unfair, unjust or inappropriate or that the student suffered undue consequences or penalties as a result of the suspension, reference to the suspension shall be erased from the student’s record. Such a determination shall be made within 15 days following the conference.

A suspended student is not allowed to be on or near school premises or to attend school activities while suspended.

A suspended student shall be permitted to make up examinations or other class work missed during the suspension period in accordance with the District’s student attendance procedures. Following a suspension a student will have the responsibility, within the number of days equal to the length of the suspension, to contact the teacher to make arrangements to develop a teacher approved plan for making up for full credit any missed work or any quizzes or examinations.

The District shall not discriminate in student suspensions because of the student’s sex, race, ancestry, creed, religion, color, pregnancy or related condition, marital or parental status, sexual orientation, sex stereotypes, sex characteristics, national origin or undocumented/immigration status (including limited English proficiency), transgender status, (including gender expression, gender identity and gender nonconformity (see, Policy 5110.2)), social, economic or family status, or physical, mental, emotional or learning disability or handicap in accordance with Title VI of the Civil Rights Act of 1964, Sections 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (see Special Education Program and Procedure Manual). Harassment on any of these bases is also prohibited. Decisions relative to classes or activities based on a student’s individual performance or needs is not considered to be discriminatory.

LEGAL REF.:

  • Wisconsin Statutes
    • Sections: 118.127 Law enforcement agency information
    • 118.13 Student discrimination prohibited
    • 118.16(4) Student attendance; making up work/examinations missed due to suspension
    • 120.13(1) Board powers; rules of conduct, suspension, and expulsion
  • Wisconsin Administrative Code
    • PI 9.03(1) Student nondiscrimination policy requirement
    • PI 11 Change of placement for EEN students
  • Individuals with Disabilities Education Act (Removal of EEN Students from school setting for disciplinary reasons)

CROSS REF.:

AFFIRMED: August 13, 1991

REVISED:

  • February 10, 1998
  • September 24, 2024