F-120-AR: Student Suspensions, Disciplinary Hearings and Expulsions
References:
- F-120 Student Suspensions, Disciplinary Hearings and Expulsions
- F-110 Student Conduct
- B-150 Appeals Concerning Student Matters
- Education Act: Sec. 11, 31, 36, 37, 42, 43, 52
- Student Expulsion Procedure
1. The principal shall ensure that all students (including any new students during the school year) are made aware, in advance, of the school's Student Code Conduct, the St. Albert Public Schools’ Student Code of Conduct, section 31 of the Education Act, and the possible consequences of non-compliance with these requirements. Corrective measures and disciplinary action including suspension and/or expulsion as per section 36 and 37 of the Education Act, depending on individual circumstances, will be taken when student behaviour violates these guidelines.
1.1 A teacher or a principal may suspend a student if, in the opinion of the teacher or principal, the student has failed to comply with Section 31 of the Education Act (Student Responsibilities) or the student’s conduct is injurious to the physical or mental well-being of others in the school; a principal may suspend a student (a) from school (b) from one or more class periods, courses or education programs, or (c) from riding in a school bus. A teacher may suspend a student from one class period. [Ref. 36(1) (3)]
1.2. If a student has engaged in behaviour that may warrant suspension beyond one class period or referral to a student discipline committee, the principal shall, when reasonable in the circumstances, discuss the matter with the student prior to making a decision.
1.3. A principal or designate may refer a student to a Student Conduct Review Committee or a Disciplinary Hearing Committee with the intent of assisting school administration to foster student responsibility and accountability.
1.4. The Disciplinary Hearing Committee may expel a student if (a) the principal has recommended the expulsion of the student, and (b) the student has been offered another education program by the board. An expulsion must be for a period of more than 10 school days. [Ref.37 (1, 2)]
1.4.1. The principal may recommend that the Discipline Hearing Committee expel the student if (a) the student has displayed an attitude of willful, blatant and repeated refusal to comply with section 31, or (b) the student’s conduct is injurious to the physical or mental well-being of others in the school, or (c) the student violates the division drug protocol.
2. If a principal suspends a student as a consequence of student misbehaviour, the principal shall:
2.1. immediately inform the student’s parent of the suspension.
2.2. report, in writing, to the student’s parent(s)/guardian(s) all the circumstances regarding the suspension.
2.3. provide an opportunity for the parent(s)/guardian(s) and when appropriate the student to meet with the principal to discuss the suspension.
2.4. provide a copy of the suspension report to the superintendent.
3. The Student Conduct Review Committee typically will be utilized when the principal or designate feels they have exhausted other possible avenues and interventions at the school level yet wish to entertain division intervention instead of an immediate recommendation for expulsion; or the incident is considered serious enough to warrant division involvement, but without expulsion being considered.
3.1. The superintendent or designate shall be responsible for the development of procedures and timelines for the Student Conduct Review Committee and the Disciplinary Hearing Committee.
3.2. The superintendent will designate a member of the senior administration team (normally the deputy superintendent of program and planning) to preside over the Student Conduct Review Committee. The lead senior administrator:
3.2.1. will ensure the hearing is solution focused where parties agree to a future intervention plan;
3.2.2. will communicate with the school administrator, student and parent/guardian(s) explaining that they are expected to attend the hearing;
3.2.3. may invite other community partners (mental health, FCSS, RCMP, Children Services, Youth Justice, etc.) to attend as appropriate;
3.2.4. may arrange for a recording secretary to keep notes; and
3.2.5. will facilitate the hearing in a manner that allows for:
3.2.5.1. introductions;
3.2.5.2. incident report and summary of previous behavior(s) and intervention(s) - principal provides verbal report;
3.2.5.3. student and or parent response;
3.2.5.4. discussion; and
3.2.5.5. student conduct conditions and intervention plan.
3.3 When a principal determines to proceed with a student conduct review committee hearing, the principal must contact the deputy superintendent of program and planning who will either arrange and facilitate the proceedings or arrange for another senior administrator to facilitate the proceedings.
3.4. Within five days of the completion of the proceedings, the lead senior administrator will forward a letter to the parent/guardian, the school and the superintendent detailing the responsibilities of the student, parent, school and community partner.
3.5. The lead senior administrator may arrange for a follow-up if it is considered necessary.
4. When expulsion is the possible consequence of student misbehaviour, the following shall apply:
4.1. the principal shall follow the procedures for expulsion hearings in making any recommendations for expulsion of a student (see Procedures to be Followed: Student Expulsion Hearings);
4.2. when the principal recommends that a student not be reinstated within five (5) school days of the date of the student's suspension, the principal shall report in writing all circumstances respecting the suspension and the principal’s recommendation to the Disciplinary Hearing Committee. The principal is to inform the parent(s)/guardian(s) and, where age appropriate, the student, of the recommendation for expulsion. The principal shall also notify the Discipline Hearing Committee of the recommendation for expulsion;
4.3. a student may be expelled from the student’s school or the division;
4.4. the principal shall specify the recommended duration of the expulsion;
4.5. the board may impose such conditions as are reasonable in the circumstances regarding those circumstances in which an expelled student may apply for re-enrollment with a division school including the one from which the student has been expelled. Such conditions for reinstatement could include, for instance, a requirement that the student would demonstrate acceptable progress in academic pursuits, general conduct, counselling programs and/or participation in a substance abuse program;
4.6. the Disciplinary Hearing Committee shall be responsible for the development and implementation of procedures for expulsion hearings;
4.7. a student who has been expelled must be provided with an educational program that is reasonable in light of all the circumstances and in accordance with the Education Act, Section 11; and
4.8. In the case of an expulsion, parents have the right to request a review under section 44 of the Education Act.