Policy 5474 – Student Expulsion

The School Board recognizes the importance of maintaining proper order and discipline in the schools and holding students accountable for their actions and compliance with Board policies and school rules. The Board also recognizes and actively supports the primary mission of the public schools to help ensure all students receive a proper education and graduate from high school.

Students may be recommended to the Board for possible expulsion if they have engaged in any of the following type of conduct:

  1. Repeated refusal or neglect to obey 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;
  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;
  5. The student repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at the school or at an activity supervised by a school authority and such conduct does not constitute grounds for expulsion under any of the other reasons for expulsion outlined above. (This last reason for expulsion only applies to students 16 years of age or older); or
  6. A student shall be expelled from school when required by state law (e.g. possessing a firearm in violation of state law and Board policy).

Students may be offered an opportunity by the Administrative Review Committee to voluntarily participate in a particular support program, intervention activity, or signed agreement related to their misconduct as an alternative to expulsion.

However, when the Committee recommends an expulsion hearing, written notice of such action shall be sent separately to the student and parent/guardian, in accordance with established time periods and fundamental procedural protections that are required.

A hearing shall be conducted before the School Board designated Independent Hearing Officer (IHO) in order to determine whether the interests of the school demands the student’s expulsion. The School Board/ designated IHO may expel a student from school whenever it finds that the student engaged in any of the above conduct and is satisfied that the interest of the school demands the student’s expulsion.

The Board may specify conditions in a student’s expulsion order that would allow the student to be reinstated to school early before the end of the term of his/her expulsion. The early reinstatement condition(s) shall be related to the reason(s) for the expulsion and shall be enforced in accordance with state law.

All student expulsions, including those involving students with disabilities, shall follow all statutory procedures and requirements. The District shall not deny any rights afforded under state and federal laws to any student excluded from school.

The District shall not discriminate in student expulsions 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 118.13 Student discrimination prohibited
    • 120.13(1) Board powers; expulsion hearing officer(s) authorized; expulsion requirements]
  • 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