Student Suspension/Expulsion

The teacher will be responsible for the majority of discipline issues. Teachers begin by presenting clear expectations regarding behavioral expectations. The majority of problems will be handled in the classroom. If the teacher is unable to remedy the problem generated by the student in the classroom, teachers will work closely with Academy administrators and parents to coordinate their efforts in the resolution of discipline matters.

The Academy is also committed to ensuring its actions are consistent with IDEA. Gateway Preparatory Academy recognizes that students with disabilities, who attend the Academy, and their parents/guardians, retain all rights under Part B of the IDEA, §53A-15-301 through 53A-15-305 Utah Code Ann., and other rules protecting the rights of students with disabilities. As a result, the Academy will adopt the Utah State Board of Education's Special Education Rules, Section V. regarding the discipline of students protected under IDEA or State Law. In the event that the Academy's policy does not comply with Part B of the IDEA, Sections 53A-15-301 through 53A-15-305 Utah Code Ann., and other rules protecting the rights of students with disabilities, the Academy will adopt a policy that ensures compliance with the aforementioned laws and regulations.

In the event that suspension/dismissal is required, Academy staff will act pursuant to the Student Suspension and Expulsion Policy and in accordance with IDEA and all other applicable state and federal laws.

Suspension/Expulsion Policy

I. Procedures of Suspension/Expulsion

a. A suspension is the temporary removal of a student from class(es) or school. A suspension can be determined by the principal or vice-principal (or designee). The major function of suspension is to alert the parent/guardian that there is a serious problem that needs the attention and effort of the student, the parent/guardian, and the school.

It is important that contact with the parent/guardian be made, along with other minimal due process procedures, prior to suspension, namely the right to know what the alleged offense is and the right to provide an explanation. This student/administrator or student/teacher conversation should be documented by the teacher/administrator in writing or on a permanent computer file.

There may be instances, however, when a student is subject to an immediate suspension without due process if his/her behavior presents an immediate danger to persons (himself included) or property. In such cases, the due process procedures will be held as soon as practicable. Students should never be released until and unless a parent or emergency contact is notified. The student still should be supervised until a responsible person is made aware of the suspension, and the school is given permission to release the student to the custody of an adult or to leave the premises.

b. An expulsion is the formal process of dismissing a student from school for an extended period of time, up to one year. Expulsion also transfers the primary responsibility of providing educational services for the student during the expulsion period from the school to the home, and makes the parent/guardian responsible for compliance with the compulsory education act for the duration of the expulsion. Only the Academy Board of Directors, or a designated Academy Board member, can expel a student. (Utah Code 53A-11-907(2))

Before an expulsion, the Chief Administrative Officer of the Academy ("CAO") shall provide the student a hearing at which the student is afforded the following due process procedures:

i. Prior notice of the charges and the proposed sanctions so as to afford a reasonable opportunity for preparation. The notice shall be in writing and the student shall be notified of the hearing date

ii. Right to a hearing.

iii. Right to a fair hearing officer (credible and objective person or panel - not necessarily uninformed).

iv. Right to an adult representative and/or legal counsel at the hearing.

v. Opportunity to testify and to present evidence and witnesses in his/her defense.

vi. Opportunity to examine the evidence presented by the school administration and to question witnesses. (However, the Board or its Chief Administrative Officer may, upon a finding that good cause exists, determine that the disclosure of the identity of a witness and the testimony of that witness at the hearing would subject the witness to an unreasonable risk of harm. Upon this determination, the testimony of the witness may be presented at the hearing in the form of sworn declarations which shall be examined only by the Board or the hearing officer. Copies of these sworn declarations which are edited in such a manner as to delete the name and identity of the witness shall be made available to the student.)

vii. A summary written record shall be maintained by any means. An electronic recording may be made; however, the electronic recording is not the official record of the hearing.

viii. All witnesses appearing at the hearing shall be placed under oath.

ix. If the CAO conducting the hearing recommends expulsion, findings of fact in support of the recommendation shall be prepared.

x. The decision must be made by a preponderance of the evidence.

The decision will be based exclusively on the evidence presented at the hearing. The final decision shall be communicated to the student and parent/guardian within ten (10) working days. Academy officials and the student have the right to legal counsel at any step in the process.

c. If a student is suspended or expelled for more than ten (10) school days, after taking into account any legal exceptions made necessary by laws regarding special education students, the parent of the guardian is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension/expulsion.

d. The Academy shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the student's transcript.

II. Right to Appeal.

a. The expelled student has the right to appeal the decision of the CAO by requesting a review hearing before the Academy Board of Directors. This appeal must be in writing and must be received in the offices of the Academy within thirty (30) calendar days following receipt of the decision of the CAO. (Pending a final decision by the Academy Board, the decision of the CAO to expel shall remain in force.)

b. This review hearing will not be a hearing de novo and will be held within thirty (30) calendar days following receipt of the request for the hearing.

c. The Academy Board will provide all necessary copies of the record of the expulsion hearing to the interested parties within fifteen (15) working days of the student's request.

d. The hearing before the Academy Board shall be held in executive session.

e. No evidence other than that contained in the record of the original hearing may be heard.

f. The review of the CAO's decision of the Executive Board shall be limited to the following issues:

i. Did Academy officials meet with the procedural requirements of the policy?

ii. Was the decision to expel the student supported by the findings of fact?

iii. Were the findings of fact supported by the evidence?

g. Following the review hearing, the Academy Board shall vote in public and shall enter an order either affirming or reversing the decision of the CAO.

h. The decision of the Academy Board shall be binding upon the student and shall be served upon the student in writing by personal service or by certified mail.

NOTE: Additional information regarding causes for disciplinary action, disciplinary actions that may be taken, and alternatives to suspension/expulsion are available upon request.

III. Discipline Procedures for Students with Disabilities.

The primary purpose of this portion of the suspension/expulsion policy is to ensure the Academy's actions are consistent with IDEA. Gateway Preparatory Academy recognizes that students with disabilities, who attend the Academy, and their parents/guardians, retain all rights under Part B of the IDEA, Sections 53A-15-301 through 53A-15-305 Utah Code Ann., and other rules protecting the rights of students with disabilities. As a result, the Academy will adopt the provisions regarding discipline procedures for students with disabilities as set forth in the Utah Board of Education's Special Education Rules, Section V. In the event that the Academy's policy does not comply with Part B of the IDEA, Sections 53A-15-301 through 53A-15-305 Utah Code Ann., and other rules protecting the rights of students with disabilities, the Academy will adopt a policy that ensures compliance with the aforementioned laws and regulations.