POLICY ON EXPULSION

The Principal may expel a student for the reasons listed below.  Expulsion shall be defined as exclusion from regular and classroom instruction up to and including permanent exclusion.  Any expulsion taking effect more than three (3) weeks prior to the end of a semester shall be automatically reviewed by the Principal at the beginning of the next semester, and he may reinstate the student if it is determined that the student’s conduct has substantially improved.

The Principal shall expel a student only if the student violates rules and regulations of this code in such a manner that:

1. The student’s continued presence in school represents a danger to the physical safety of others.
2. The student’s conduct constitutes a continual, material, and substantial disruption of the educational process and all other appropriate disciplinary alternatives have been tried and deemed unworkable.
3. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in Chapter 94, Section C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the Principal.
4. Any student who assaults any staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the Principal.
5. Possession of a firearm as defined in the U.S. Code Section 921 of Title 18 on school premises or at a school-related event.  The Gun Free Schools Act requires that a mandatory one (l) year expulsion of a student who is found to violate this section be imposed by the building Principal.  Expulsion can only be modified by the Superintendent on a case-by-case basis.

Any student who is charged with a violation of Sections 1-5 above shall be notified in writing of his right to a hearing with representation, along with the opportunity to present evidence and witnesses at said hearing before the Principal.

After said hearing, a Principal may, in his discretion, decide to suspend rather than expel a student.

Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the Superintendent.  The expelled student shall have ten(10) days from the date of expulsion in which to notify the Superintendent of his appeal. The student has the right to counsel at a hearing before the Superintendent.  The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provision of this section.

When a student is expelled, no school or school district within the Commonwealth of Massachusetts shall be required to admit such student or provide educational services to said student.  If said student does apply for admission to another school or school district, the Superintendent of the School District to which the  application is made may request and shall receive from the Superintendent of the school district expelling the student, a written statement of the reasons for said expulsion.

If the student is a special needs student refer to pertinent section, “Discipline Code for Students with Special Needs”.

Suspension Or Expulsion Related To Felony Or Felony Delinquency Proceeding

Upon the issuance of a criminal complaint charging a student with a felony or the issuance of a felony delinquency complaint, a Principal may suspend the student for a period of time determined by the Principal, based upon the Principal’s judgment that the continued presence of the student would have a substantial detrimental effect on the general welfare of the school.  Prior to such action by the Principal, the student shall receive written notification of the charges and the reasons for such contemplated suspension.  The student shall also receive written notification of right to appeal before the Superintendent of  Schools; however, such appeal does not stay the suspension from going into effect.

Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the Principal may expel the student if the Principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school.  The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect.  The student shall also receive written notification of right to appeal before the Superintendent of Schools; however, such appeal does not stay the expulsion from going into effect.

The student shall have the right to appeal any suspension or expulsion under this section to the Superintendent of Schools.  The student shall notify the Superintendent in writing of his request for hearing no later than five (5) calendar days following the effective date of the action.  The Superintendent shall hold a hearing with the student and the student’s parent or guardian within three (3) calendar days of the appeal.  At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel.  The Superintendent shall render a decision within five (5) calendar days of the hearing.  The Superintendent shall have the right to overturn or alter the decision of the Principal, including recommending an alternate education program for the student.

Upon expulsion of such student, no school shall be required to provide educational services to the student.