Butte School District

THE BOARD OF TRUSTEES

3300

Suspension & Expulsion

I. DISTRICT AUTHORITY

Students are responsible for complying with the policies, rules, and regulations of the District while they are under the supervision of school personnel during the school day, while they are in school building or on school grounds, while they are on their way to and from school, while they are engaged in or attending extra-curricular activities or events, and while they are on a school sponsored trip. Failure to comply with the District’s policies, rules, and regulations shall constitute sufficient cause for discipline, which may include suspension or expulsion. Students normally should not be suspended or expelled unless other forms of corrective action or punishment have failed. However, suspension or expulsion may be imposed if a student’s presence at school poses a danger to him/herself, to another person or to property, or if the student’s misconduct is serious enough to warrant suspension or expulsion. The District will provide students with the procedural rights required by law.

A student with Individuals with Disabilities Education Act [IDEA] rights may be suspended for 10 school days or less cumulative during a school year in the same manner as any student.

Students with rights under IDEA or Section 504 of the Rehabilitation Act may only be suspended or expelled according to the terms and procedures of those Acts.

II. DEFINITIONS

The following definitions apply:

1. “Suspension” is the exclusion of a student from school for a period of time not to exceed ten school days, after which the student has a right to return to school. A principal, vice principal, or dean may suspend.
   
   Upon a finding by a school administrator that the return to school by a pupil after 10 school days would be detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a pupil may be suspended for one additional period not to exceed ten (10) school days. The pupil must be offered the opportunity for an informal hearing with the school administrator prior to the additional suspension.
    
2. “Expulsion” is a removal of a pupil for more than twenty (20) school days without the provision of educational services. Expulsion is a disciplinary action available only to the Board of Trustees.
    
3. “In-school corrective action” constitutes all other forms of discipline, including brief in-school suspension from class or exclusion from any activity conducted by or for the District. In-school corrective action shall not adversely affect academic grades for students in grades K-12, attendance or graduation requirements, as long as a student successfully completes all required school work within the time limits established by the student’s teachers.

Legal Reference:
20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act
20 U.S.C 794 Section 504 of the Rehabilitation Act
§ 20-4-302, MCA Discipline and punishment of pupils – definition of corporal punishment – penalty – defense
§ 20-4-402, MCA Duties of district superintendent or county high school principal
§ 20-5-105, MCA Attendance officer – powers and duties
§ 20-5-106, MCA Truancy
§ 20-5-201, MCA Duties and sanctions
§ 20-5-202, MCA Suspension and expulsion 20 CFR 300.530 & 534

Policy History:
Adopted on: 10/18/04
Revised on:  05/17/10