Follow-up to Expulsion

G. In calculating the period of time for the term of the expulsion, school days will be used. Students receiving residential services from a Department of Services for

Children, Youth and Their Families (DSCYF) program shall have the amount of

school days served in such program counted as part of the calculation of time for

the expulsion. This does not preclude the district from transitioning a student from

a YRS program to the regular school program through an alternative program.

However, transition through an alternative program is not required.

H. For the duration of the expulsion, a student shall be denied attendance at any

school or facility in the district unless there are special considerations required by

law.

FOLLOW–UP TO EXPULSION

A. A student who is expelled shall be informed of the duration of the expulsion. At the end of the expulsion period, the student’s Parent/legal guardian may petition the board for possible readmission.

B. Before making application for readmission, any student who has been expelled

must provide evidence of having received appropriate related services pertinent

to the expulsion offense.

C. All students readmitted to school following an expulsion shall be: 1. Readmitted on a date to coincide with the beginning of a marking period/semester as defined by the school calendar. Advised that the conditions for readmission shall be specified through a written

behavioral contract designed by appropriate school personnel and

signed by the student and their parent. 2. Retained on the behavioral contract for one (1) calendar year following the date of readmission.

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ADDITIONAL INFORMATION REGARDING STUDENTS WITH DISABILITIES

In the case of students with disabilities, as defined in Federal and State regulations,

an Individualized Educational Plan (I.E.P.) team meeting will be convened when a

student has been suspended for more than ten (10) days, either consecutively or

cumulatively, in any one school year, or if expulsion is being considered. When a

student with disabilities has accumulated eight (8) days suspension, the student

advisor is to notify the building Special Education Department Team Leader in

writing to ensure that appropriate action may be taken prior to reaching the ten

(10) days of suspension.

If the District decides to change a student’s educational placement for disciplinary reasons for more than ten (10) school days, the District must notify the Parent of

its decision, provide the Parent with a copy of the Notice of Procedural Safeguards,

and conduct a team meeting to determine whether the student’s misconduct was a manifestation of his or her disability. This is referred to as a “Manifestation Determination Review” (MDR). The meeting must take place immediately, if possible, or within ten (10) school days of the District’s decision to take this type of disciplinary action.

Please refer to the DE Procedural Safeguards Notices for Special Education Rights of Parents and Children for information on disciplining children with disabilities

on the DOE website:

http://www.doe.k12.de.us/cms/lib/DE01922744/centricity/Domain/78/Procedur

alSafeguards.Revised5.1.2012.pdf

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