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5130STUDENT DISCIPLINE

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Series 5000
Students
STUDENT DISCIPLINE
It is the policy of the Meriden Board of Education (the “Board”) to create a school
environment that promotes respect of self, others, and property within the Meriden Public
Schools (the “District”). Compliance with this policy will enhance the Board and the
District’s ability to maintain discipline and reduce interference with the educational
process that can result from student misconduct.


I. Definitions
A. Cannabis means marijuana, as defined by Conn. Gen. Stat. § 21a-240.


B. Dangerous Instrument means any instrument, article or substance which,
under the circumstances in which it is used or attempted or threatened to
be used, is capable of causing death or serious physical injury, and
includes a "vehicle" or a dog that has been commanded to attack.


C. Deadly Weapon means any weapon, whether loaded or unloaded, from
which a shot may be discharged, or a switchblade knife, gravity knife,
billy, blackjack, bludgeon or metal knuckles. A weapon such as a pellet
gun and/or air soft pistol may constitute a deadly weapon if such weapon
is designed for violence and is capable of inflicting death or serious bodily
harm. In making such determination, the following factors should be
considered: design of weapon; how weapon is typically used (e.g.,
hunting); type of projectile; force and velocity of discharge; method of
discharge (e.g., spring v. CO2 cartridge) and potential for serious bodily
harm or death.


D. Electronic Defense Weapon means a weapon which by electronic
impulse or current is capable of immobilizing a person temporarily, but is
not capable of inflicting death or serious physical injury, including a stun
gun or other conductive energy device.


E. Emergency means a situation in which the continued presence of the
student in school poses such a danger to persons or property or such a
disruption of the educational process that a hearing may be delayed until a
time as soon after the exclusion of such student as possible.


F. Exclusion means any denial of public school privileges to a student for
disciplinary purposes.


G. Expulsion means the exclusion of a student from school privileges for
more than ten (10) consecutive school days and shall be deemed to
include, but not be limited to, exclusion from the school to which such
student was assigned at the time such disciplinary action was taken. The
expulsion period may not extend beyond one (1) calendar year.


H. Firearm, as defined in 18 U.S.C § 921, means (a) any weapon (including
a starter gun) that will, is designed to, or may be readily converted to expel
a projectile by the action of an explosive, (b) the frame or receiver of any
such weapon, (c) a firearm muffler or silencer, or (d) any destructive
device. The term firearm does not include an antique firearm. As used in
this definition, a "destructive device" includes any explosive, incendiary,
or poisonous gas device, including a bomb, a grenade, a rocket having a
propellant charge of more than four ounces, a missile having an explosive
or incendiary charge of more than one-quarter ounce, a mine, or any other
similar device; or any weapon (other than a shotgun or shotgun shell
which the Attorney General finds is generally recognized as particularly
suited for sporting purposes) that will, or may be readily converted to,
expel a projectile by explosive or other propellant, and which has a barrel
with a bore of more than ½" in diameter. The term "destructive device"
also includes any combination of parts either designed or intended for use
in converting any device into any destructive device and from which a
destructive device may be readily assembled. A “destructive device” does
not include: an antique firearm; a rifle intended to be used by the owner
solely for sporting, recreational, or cultural purposes; or any device which
is neither designed nor redesigned for use as a weapon.


I. Protected Class Harassment is a form of discrimination on the basis of
any protected characteristic (or protected class) including race, color,
religion, age, sex, sexual orientation, marital status, national origin,
alienage, ancestry, disability, pregnancy, gender identity or expression,
veteran status, status as a victim of domestic violence, or any other basis
prohibited by state or federal law (“Protected Class”). Harassment
constitutes unlawful discrimination when it creates a hostile environment,
which occurs when the harassment is sufficiently severe, pervasive, or
persistent so as to interfere with or limit a student’s ability to participate in
or benefit from the services, activities, or opportunities offered by a
school. Harassment does not have to include intent to harm, be directed at
a specific target, or involve repeated incidents. Harassment against any
individual on the basis of that individual’s association with someone in a
Protected Class may be a form of Protected Class harassment.


J. In-School Suspension means an exclusion from regular classroom
activity for no more than ten (10) consecutive school days, but not
exclusion from school, provided such exclusion shall not extend beyond
the end of the school year in which such in-school suspension was
imposed. No student shall be placed on in-school suspension more than
fifteen (15) times or a total of fifty (50) days in one (1) school year,
whichever results in fewer days of exclusion.


K. Martial Arts Weapon means a nunchaku, kama, kasari-fundo, octagon
sai, tonfa or chinese star.


L. Removal is the exclusion of a student from a classroom for all or part of a
single class period, provided such exclusion shall not extend beyond
ninety (90) minutes.


M. School Days shall mean days when school is in session for students.


N. School-Sponsored Activity means any activity sponsored, recognized or
authorized by the Board and includes activities conducted on or off school
property.


O. Seriously Disruptive of the Educational Process, as applied to off-campus conduct, means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.


P. Suspension means the exclusion of a student from school and/or
transportation services for not more than ten (10) consecutive school days,
provided such suspension shall not extend beyond the end of the school
year in which such suspension is imposed; and further provided no student
shall be suspended more than ten (10) times or a total of fifty (50) days in
one school year, whichever results in fewer days of exclusion, unless such
student is granted a formal hearing as provided below.


Q. Weapon means any BB gun, any blackjack, any metal or brass knuckles,
any police baton or nightstick, any dirk knife or switch knife, any knife
having an automatic spring release device by which a blade is released
from the handle, having a blade of over one and one-half inches in length,
any stiletto, any knife the edged portion of the blade of which is four
inches and over in length, any martial arts weapon or electronic defense
weapon, or any other dangerous or deadly weapon or instrument, unless
permitted by law under Section 29-38 of the Connecticut General Statutes.


R. Notwithstanding the foregoing definitions, the reassignment of a student
from one regular education classroom program in the District to another
regular education classroom program in the District shall not constitute a
suspension or expulsion.


S. For purposes of this policy, references to “school”, “school grounds” and
“classroom” shall include physical educational environments, including on
school transportation, as well as environments in which students are
engaged in remote learning, which means instruction by means of one or
more Internet-based software platforms as part of a remote learning
model.


II. Scope of the Student Discipline Policy


A. Conduct on School Grounds, on School Transportation, or at a SchoolSponsored Activity:
1. Suspension. Students may be suspended for conduct on school
grounds, on school transportation, or at any school-sponsored activity
that violates a publicized policy of the Board or is seriously
disruptive of the educational process or endangers persons or
property.
2. Expulsion. Students may be expelled for conduct on school grounds,
on school transportation, or at any school-sponsored activity that either
(1) violates a publicized policy of the Board and is seriously
disruptive of the educational process, or (2) endangers persons or
property.
B. Conduct off School Grounds:
Discipline. Students may be disciplined, including suspension and/or
expulsion, for conduct off school grounds if such conduct violates a
publicized policy of the Board and is seriously disruptive of the
educational process.
C. Seriously Disruptive of the Educational Process:
In making a determination as to whether such conduct is seriously
disruptive of the educational process, the Administration and the
Board of Education may consider, but such consideration shall not be
limited to, the following factors: (1) whether the incident occurred
within close proximity of a school; (2) whether other students
from the school were involved or whether there was any gang
involvement; (3) whether the conduct involved violence, threats of
violence, or the unlawful use of a weapon, as defined in Section 29-
38 of the Connecticut General Statutes, and whether any injuries
occurred; and (4) whether the conduct involved the use of alcohol.
The Administration and/or the Board of Education may also consider
(5) whether the off-campus conduct involved the illegal use of
drugs.
D. A student shall not have greater discipline, punishment, or sanction for the
use, sale, or possession of cannabis on school property than a student
would face for the use, sale, or possession of alcohol on school property,
except as otherwise required by applicable law.


III. Actions Leading to Disciplinary Action, including Removal from Class,
Suspension and/or Expulsion


Conduct that is considered to violate a publicized policy of the Board includes
the offenses described below. Any such conduct may lead to disciplinary action
(including, but not limited to, removal from class, suspension and/or expulsion in
accordance with this policy):
1. Striking or assaulting a student, member of the school staff or other
person(s).
2. Theft.
3. The use of obscene or profane language or gestures, the possession
and/or display of obscenity or pornographic images or the
unauthorized or inappropriate possession and/or display of images,
pictures or photographs depicting nudity.
4. Violation of smoking, dress, transportation regulations, or other
regulations and/or policies governing student conduct.
5. Refusal to obey a member of the school staff, law enforcement
authorities, or school volunteers, or disruptive classroom behavior.
6. Any act of Protected Class Harassment or reprisal or retaliation
against any individual for reporting in good faith incidents of
Protected Class Harassment, or who participate in the investigation
of such reports..
7. Refusal by a student to respond to a staff member’s request for the
student to provide the student’s name to a staff member when
asked, misidentification of oneself to such person(s), lying to
school officials or otherwise engaging in dishonest behavior.
8. Inappropriate displays of public affection of a sexual nature and/or
sexual activity on school grounds, on school transportation, or at a
school-sponsored activity.
9. A walk-out from or sit-in within a classroom or school building or
school grounds.
10. Blackmailing, threatening or intimidating school staff or students
(or acting in a manner that could be construed to constitute
blackmail, a threat, or intimidation, regardless of whether intended
as a joke).
11. Possession of any weapon, weapon facsimile, deadly weapon,
martial arts weapon, electronic defense weapon, pistol, knife,
blackjack, bludgeon, box cutter, metal knuckles, pellet gun, air
pistol, explosive device, firearm, whether loaded or unloaded,
whether functional or not, or any other dangerous object or
instrument. The possession and/or use of any object or device that
has been converted or modified for use as a weapon.
12. Possession of any ammunition for any weapon described above in
Paragraph 11.
13. Unauthorized entrance into any school facility or portion of a
school facility or aiding or abetting an unauthorized entrance.
14. Possession or ignition of any fireworks, combustible or other
explosive materials, or ignition of any material causing a fire.
Possession of any materials designed to be used in the ignition of
combustible materials, including matches and lighters.
15. Possession, sale, distribution, use, or consumption of tobacco,
electronic nicotine delivery systems (e.g., e-cigarettes), electronic
cannabis delivery system, or vapor products, or the unlawful
possession, sale, distribution, use or consumption of drugs,
narcotics or alcoholic beverages (or any facsimile of tobacco,
drugs, narcotics or alcoholic beverages, or any item represented to
be tobacco, drugs or alcoholic beverages), including being under
the influence of any such substances or aiding in the procurement
of any such substances. For the purposes of this Paragraph 15, the
term “electronic nicotine delivery system” shall mean an electronic
device used in the delivery of nicotine or other substances to a
person inhaling from the device, and includes, but is not limited to,
an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe or electronic hookah and any related device and any
cartridge or other component of such device, including, but not
limited to, electronic cigarette liquid. For purposes of Paragraph
15, the term “electronic cannabis delivery system” shall mean an
electronic device that may be used to simulate smoking in the
delivery of cannabis to a person inhaling the device and includes,
but is not limited to, a vaporizer, electronic pipe, electronic hookah
and any related device and any cartridge or other component of
such device. For the purposes of Paragraph 15, the term “vapor
product” shall mean any product that employs a heating element,
power source, electronic circuit or other electronic, chemical or
mechanical means, regardless of shape or size, to produce a vapor
that may or may not include nicotine and is inhaled by the user of
such product. For the purposes of this Paragraph 15, the term
"drugs" shall include, but shall not be limited to, any medicinal
preparation (prescription and non-prescription) and any controlled
substance whose possession, sale, distribution, use or consumption
is illegal under state and/or federal law, including cannabis.
16. Sale, distribution, or consumption of substances contained in
household items; including, but not limited to glue, paint,
accelerants/propellants for aerosol canisters, and/or items such as
the aerators for whipped cream; if sold, distributed or consumed
for the purpose of inducing a stimulant, depressant, hallucinogenic
or mind-altering effect.
17. Possession of paraphernalia used or designed to be used in the
consumption, sale or distribution of drugs, alcohol or tobacco, as
described in Paragraph 15 above. For purposes of this policy, drug
paraphernalia includes any equipment, products and materials of
any kind which are used, intended for use or designed for use in
planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing or concealing, or injecting, ingesting, inhaling or
otherwise introducing controlled drugs or controlled substances
into the human body, including but not limited to items such as
"bongs," pipes, "roach clips," vials, tobacco rolling papers, and any
object or container used, intended or designed for use in storing,
concealing, possessing, distributing or selling controlled drugs or
controlled substances, including cannabis.
18. The destruction of real, personal or school property, such as,
cutting, defacing or otherwise damaging property in any way.
19. Accumulation of offenses such as school and class tardiness, class
or study hall cutting, or failure to attend detention.
20. Trespassing on school grounds while on out-of-school suspension
or expulsion.
21. Making false bomb threats or other threats to the safety of students,
employees, and/or other persons.
22. Defiance of school rules and the valid authority of teachers,
supervisors, administrators, other employees and/or law
enforcement authorities.
23. Throwing snowballs, rocks, sticks and/or similar objects, except as
specifically authorized by school employees responsible for
student supervision.
24. Unauthorized and/or reckless and/or improper operation of a motor
vehicle on school grounds or at any school-sponsored activity.
25. Leaving school grounds, school transportation or a schoolsponsored activity without authorization.
26. Use of or copying of the academic work of another individual and
presenting it as the student's own work, without proper attribution;
or any other form of academic dishonesty, cheating or plagiarism.
27. Possession and/or use of a cellular telephone, radio, portable audio
player, CD player, blackberry, tablet, personal data assistant,
walkie talkie, Smartphone, mobile or handheld device, or similar
electronic device, on school grounds, on school transportation, or
at a school-sponsored activity in violation of Board policy and/or
administrative regulations regulating the use of such devices.
28. Possession and/or use of a beeper or paging device on school
grounds, on school transportation, or at a school-sponsored activity
without the written permission of the principal or designee.
29. Unauthorized use of or tampering with any school computer,
computer system, computer software, Internet connection or
similar school property or system, or the use of such property or
system for inappropriate purposes.
30. Possession and/or use of a laser pointer, unless the student
possesses the laser pointer temporarily for an educational purpose
while under the direct supervision of a responsible adult.
31. Hazing.
32. Bullying, defined as an act that is direct or indirect and severe,
persistent or pervasive, which:
a. causes physical or emotional harm to an individual;
b. places an individual in reasonable fear of physical or
emotional harm; or
c. infringes on the rights or opportunities of an individual at
school; or
Bullying shall include, but need not be limited to, a written, oral or
electronic communication or physical act or gesture based on any
actual or perceived differentiating characteristics, such as race,
color, religion, ancestry, national origin, gender, sexual orientation,
gender identity or expression, socioeconomic status, academic
status, physical appearance, or mental, physical, developmental or
sensory disability, or by association with an individual or group
who has or is perceived to have one or more of such
characteristics.
33. Cyberbullying, defined as any act of bullying through the use of
the Internet, interactive and digital technologies, cellular mobile
telephone or other mobile electronic devices or any electronic
communications.
34. Acting in any manner that creates a health and/or safety hazard for
employees, students, third parties on school property or the public,
regardless of whether the conduct is intended as a joke, including
but not limited to violating school or District health and safety
protocols.
35. Engaging in a plan to stage or create a violent situation for the
purposes of recording it by electronic means; or recording by
electronic means acts of violence for purposes of later publication
(other than to school officials).
36. Engaging in a plan to stage sexual activity for the purposes of
recording it by electronic means; or recording by electronic means
sexual acts for purposes of later publication (other than to school
officials).
37. Using computer systems, including email, remote learning
platforms, instant messaging, text messaging, blogging or the use
of social networking websites, or other forms of electronic
communications, to engage in any conduct prohibited by this
policy.
38. Use of a privately owned electronic or technological device in
violation of school rules, including the unauthorized recording
(photographic or audio) of another individual without permission
of the individual or a school employee.
39. Engaging in teen dating violence, defined as any act of physical,
emotional or sexual abuse, including stalking, harassing and
threatening, which occurs between two students who are currently
in or who have recently been in a dating relationship.
40. Any action prohibited by any Federal or State law.
41. Any other violation of school rules or regulations or a series of
violations which makes the presence of the student in school
seriously disruptive of the educational process and/or a danger to
persons or property.


IV. Discretionary and Mandatory Expulsions


A. An administrator responsible for a school program (“responsible
administrator”) may consider recommendation of expulsion of a student in
grades three to twelve, inclusive, in a case where the responsible
administrator has reason to believe the student has engaged in conduct
described at Sections II.A. or II.B., above.
B. A responsible administrator must recommend expulsion proceedings in all
cases against any student in grades kindergarten to twelve, inclusive,
whom the Administration has reason to believe:
1. was in possession on school grounds, on school transportation,
or at a school-sponsored activity of a deadly weapon, dangerous
instrument, martial arts weapon, or firearm as defined in 18
U.S.C. § 921 as amended from time to time; or
2. off school grounds, possessed a firearm as defined in 18 U.S.C. §
921, in violation of Conn. Gen. Stat. § 29-35, or possessed and
used a firearm as defined in 18 U.S.C. § 921, a deadly weapon, a
dangerous instrument or a martial arts weapon in the
commission of a crime under chapter 952 of the Connecticut
General Statutes; or
3. was engaged on or off school grounds or school transportation
in offering for sale or distribution a controlled substance (as
defined in Conn. Gen. Stat. § 21a-240(9)), whose manufacturing,
distribution, sale, prescription, dispensing, transporting, or
possessing with intent to sell or dispense, offering or administering
is subject to criminal penalties under Conn. Gen. Stat. §§21a-277
and 21a-278. Sale or distribution of less than one (1) kilogram of
cannabis is not subject to mandatory expulsion.
The terms “dangerous instrument,” “deadly weapon,”
electronic defense weapon,” “firearm,” and “martial arts
weapon,” are defined above in Section I.
C. In any preschool program provided by the Board or provided by a regional
educational service center or a state or local charter school pursuant to an
agreement with the Board, no student enrolled in such a preschool
program shall be expelled from such preschool program, except an
expulsion hearing shall be conducted by the Board in accordance with
Section VIII of this policy whenever the Administration has reason to
believe that that a student enrolled in such preschool program was in
possession of a firearm as defined in 18 U.S.C. § 921, as amended from
time to time, on or off school grounds, on school transportation, or at a
preschool program-sponsored event. The term “firearm” is defined
above in Section I.
D. Upon receipt of an expulsion recommendation, the Superintendent may
conduct an inquiry concerning the expulsion recommendation.
If the Superintendent or designee determines that a student should or must
be expelled, the Superintendent or designee shall forward such
recommendation to the Board so that the Board can consider and act upon
this recommendation.
E. In keeping with Conn. Gen. Stat. § 10-233d and the Gun-Free Schools
Act, it shall be the policy of the Board to expel a student in grades
kindergarten to twelve, inclusive, for one (1) full calendar year for the
conduct described in Section IV.B(1), (2) and (3) of this policy and to
expel a student enrolled in a preschool program for one (1) calendar year
for the conduct described in Section IV.C. For any mandatory expulsion
offense, the Board may modify the term of expulsion on a case-by-case
basis.


V. Procedures Governing Removal from Class
A. A student may be removed from class by a teacher or administrator if the
student deliberately causes a serious disruption of the educational process.
When a student is removed by a teacher, the teacher must send the student
to a designated area and notify the responsible administrator or the
administrator’s designee at once.
B. A student may not be removed from class more than six (6) times in one
school year nor more than twice in one week unless the student is referred
to the responsible administrator or the administrator’s designee and
granted an informal hearing at which the student should be informed of the
reasons for the disciplinary action and given an opportunity to explain the
situation.
C. The parents or guardian of any minor student removed from class shall be
given notice of such disciplinary action within twenty-four (24) hours of
the time of the institution of such removal from class.


VI. Procedures Governing Suspension
A. The responsible administrator or the administrator’s designee shall have
the right to suspend a student for breach of conduct as noted in Section II
of this policy for not more than ten (10) consecutive school days. In cases
where suspension is contemplated, the following procedures shall be
followed.
1. Unless an emergency situation exists, no student shall be
suspended prior to having an informal hearing before the
responsible administrator or the administrator’s designee at which
the student is informed of the charges and given an opportunity to
respond. In the event of an emergency, the informal hearing shall
be held as soon after the suspension as possible.
2. If suspended, such suspension shall be an in-school suspension,
except the responsible administrator or the administrator’s
designee may impose an out-of-school suspension on any pupil:
a. in grades three to twelve, inclusive, if, during the informal
hearing, (i) the responsible administrator or the
administrator’s designee determines that the student poses
such a danger to persons or property or such a disruption of
the educational process that the student should be excluded
from school during the period of suspension; or (ii) the
responsible administrator or the administrator’s designee
determines that an out-of-school suspension is appropriate
based on evidence of (A) the student’s previous
disciplinary problems that have led to suspensions or
expulsion of such student, and (B) previous efforts by the
Administration to address the student’s disciplinary
problems through means other than out-of-school
suspension or expulsion, including positive behavioral
support strategies, or
b. in grades preschool to two, inclusive, if the responsible
administrator or the administrator’s designee determines
that an out-of-school suspension is appropriate for such
student based on evidence that such student’s conduct on
school grounds or on school transportation is of a violent or
sexual nature that endangers persons.
3. Evidence of past disciplinary problems that have led to removal
from a classroom, suspension, or expulsion of a student who is the
subject of an informal hearing may be received by responsible
administrator or the administrator’s designee, but only considered
in the determination of the length of suspensions.
4. By telephone, responsible administrator or the administrator’s
designee shall make reasonable attempts to immediately notify the
parent or guardian of a minor student following the suspension and
to state the cause(s) leading to the suspension.
5. Whether or not telephone contact is made with the parent or
guardian of such minor student, responsible administrator or the
administrator’s designee shall forward a letter promptly to such
parent or guardian to the last address reported on school records
(or to a newer address if known by the responsible administrator or
the administrator’s designee), offering the parent or guardian an
opportunity for a conference to discuss same.
6. In all cases, the parent or guardian of any minor student who has
been suspended shall be given notice of such suspension within
twenty-four (24) hours of the time of the institution of the
suspension.
7. Not later than twenty-four (24) hours after the commencement of
the suspension, the responsible administrator or the administrator’s
designee shall also notify the Superintendent or designee of the
name of the student being suspended and the reason for the
suspension.
8. The student shall be allowed to complete any classwork, including
examinations, without penalty, which the student missed while
under suspension.
9. The school Administration may, in its discretion, shorten or waive
the suspension period for a student who has not previously been
suspended or expelled, if the student completes an Administration-specified program and meets any other conditions required by the
Administration. Such Administration-specified program shall not
require the student and/or the student’s parents to pay for
participation in the program.
10. Notice of the suspension shall be recorded in the student's
cumulative educational record. Such notice shall be expunged
from the cumulative educational record if the student graduates
from high school. In cases where the student’s period of
suspension is shortened or waived in accordance with Section
VI.A(9), above, the Administration may choose to expunge the
suspension notice from the cumulative record at the time the
student completes the Administration-specified program and meets
any other conditions required by the Administration.
11. If the student has not previously been suspended or expelled, and
the Administration chooses to expunge the suspension notice from
the student’s cumulative record prior to graduation, the
Administration may refer to the existence of the expunged
disciplinary notice, notwithstanding the fact that such notice may
have been expunged from the student’s cumulative file, for the
limited purpose of determining whether any subsequent
suspensions or expulsions by the student would constitute the
student’s first such offense.
12. The decision of the responsible administrator or the administrator’s
designee with regard to disciplinary actions up to and including
suspensions shall be final.
13. During any period of suspension served out of school, the student
shall not be permitted to be on school property and shall not be
permitted to attend or participate in any school-sponsored
activities, unless the responsible administrator or the
administrator’s designee specifically authorizes the student to enter
school property for a specified purpose or to participate in a
particular school-sponsored activity.


B. In cases where a student’s suspension will result in the student being
suspended more than ten (10) times or for a total of fifty (50) days in a
school year, whichever results in fewer days of exclusion, the student
shall, prior to the pending suspension, be granted a formal hearing before
the Board. The responsible administrator or the administrator’s designee
shall report the student to the Superintendent or designee and request a
formal Board hearing. If an emergency situation exists, such hearing shall
be held as soon after the suspension as possible.


VII. Procedures Governing In-School Suspension
A. The responsible administrator or the administrator’s designee may impose
in-school suspension in cases where a student's conduct endangers persons
or property, violates school policy or seriously disrupts the educational
process as determined by the responsible administrator or the
administrator’s designee.
B. In-school suspension may not be imposed on a student without an
informal hearing by responsible administrator or the administrator’s
designee.
C. In-school suspension may be served in the school or program that the
student regularly attends or in any other school building within the
jurisdiction of the Board.
D. No student shall be placed on in-school suspension more than fifteen (15)
times or for a total of fifty (50) days in one school year, whichever results
in fewer days of exclusion.
E. The parents or guardian of any minor student placed on in-school
suspension shall be given notice of such suspension within twenty-four
(24) hours of the time of the institution of the period of the in-school
suspension.


VIII. Procedures Governing Expulsion Hearing
A. Emergency Exception:
Except in an emergency situation, the Board shall, prior to expelling any
student, conduct a hearing to be governed by the procedures outlined
herein and consistent with the requirements of Conn. Gen. Stat. § 10-233d
or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable
provisions of the Uniform Administrative Procedures Act, Conn. Gen.
Stat. §§ 4-176e to 4-180a, and § 4-181a. Whenever an emergency exists,
the hearing provided for herein shall be held as soon as possible after the
expulsion.
B. Hearing Panel:
1. Expulsion hearings conducted by the Board will be heard by any
three or more Board members. A decision to expel a student must
be supported by a majority of the Board members present,
provided that no less than three (3) affirmative votes to expel are
cast.
2. Alternatively, the Board may appoint an impartial hearing board
composed of one (1) or more persons to hear and decide the
expulsion matter, provided that no member of the Board may serve
on such panel.


C. Hearing Notice and Rights of the Student and Parent(s)/Guardian(s):
1. Written notice of the expulsion hearing must be given to the
student, and, if the student is a minor, to the student’s parent(s) or
guardian(s) at least five (5) business days before such hearing.
2. A copy of this Board policy on student discipline shall also be
given to the student, and if the student is a minor, to the student’s
parent(s) or guardian(s), at the time the notice is sent that an
expulsion hearing will be convened.
3. The written notice of the expulsion hearing shall inform the student
of the following:
a. The date, time, place and nature of the hearing, including if
the hearing will be held virtually, via video conference.
b. The legal authority and jurisdiction under which the
hearing is to be held, including a reference to the particular
sections of the legal statutes involved.
c. A short, plain description of the conduct alleged by the
Administration.
d. The student may present as evidence relevant testimony
and documents concerning the conduct alleged and the
appropriate length and conditions of expulsion; and that the
expulsion hearing may be the student’s sole opportunity to
present such evidence.
e. The student may cross-examine witnesses called by the
Administration.
f. The student may be represented by an attorney or other
advocate of the student’s choice at the student’s expense or
at the expense of the student’s parent(s) or guardian(s).
g. A student is entitled to the services of a translator or
interpreter, to be provided by the Board, whenever the
student or the student’s parent(s) or guardian(s) requires the
services of an interpreter because they do not speak the
English language or are disabled.
h. The conditions under which the Board is not legally
required to give the student an alternative educational
opportunity (if applicable).
i. Information concerning the parent’s(s’) or guardian’s(s’)
and the student’s legal rights and about free or reduced-rate
legal services and how to access such services.
j. The parent(s) or guardian(s) of the student have the right to
have the expulsion hearing postponed for up to one week to
allow time to obtain representation, except that if an
emergency exists, such hearing shall be held as soon after
the expulsion as possible.


D. Hearing Procedures:
1. The hearing will be conducted by the Presiding Officer, who will
call the meeting to order, introduce the parties, Board members and
others participating in the hearing (if applicable), briefly explain
the hearing procedures, and swear in any witnesses called by the
Administration or the student. If an impartial board or more than
one person has been appointed, the impartial board shall appoint a
Presiding Officer.
2. The hearing will be conducted in executive session. A verbatim
record of the hearing will be made, either by tape or digital
recording or by a stenographer. A record of the hearing will be
maintained, including the verbatim record, all written notices and
documents relating to the case and all evidence received or
considered at hearing.
3. The Administration shall bear the burden of production to come
forward with evidence to support its case and shall bear the burden
of persuasion. The standard of proof shall be a preponderance of
the evidence.
4. Formal rules of evidence will not be followed. The Board (or the
impartial board) has the right to accept hearsay and other evidence
if it deems that evidence relevant or material to its determination.
The Presiding Officer will rule on testimony or evidence as to it
being immaterial, irrelevant and/or any other objections to its
submission.
5. The hearing will be conducted in two (2) parts. In the first part of
the hearing, the Board (or the impartial board) will receive and
consider evidence regarding the conduct alleged by the
Administration.
6. In the first part of the hearing, the charges will be introduced into
the record by the Superintendent or designee.
7. Each witness for the Administration will be called and sworn.
After a witness has finished testifying, the witness will be subject
to cross-examination by the opposite party or the witness’ legal
counsel, by the Presiding Officer and by Board members (or the
impartial board).
8. The student shall not be compelled to testify at the hearing.
9. After the Administration has presented its case, the student will be
asked if the student has any witnesses or evidence to present
concerning the charges. If so, the witnesses will be sworn, will
testify, and will be subject to cross examination and to questioning
by the Presiding Officer and/or by the Board (or the impartial
board). The student may also choose to make a statement at this
time. If the student chooses to make a statement, the student will
be sworn and subject to cross examination and questioning by the
Presiding Officer and/or by the Board (or the impartial board).
Concluding statements will be made by the Administration and
then by the student and/or the student’s representative.
10. In cases where the student has denied the allegation, the Board (or
the impartial board) must determine whether the student committed
the offense(s) as charged by the Superintendent or designee.
11. If the Board (or the impartial board) determines that the student
has committed the conduct as alleged, then the Board (or the
impartial board) shall proceed with the second portion of the
hearing, during which the Board (or the impartial board) will
receive and consider relevant evidence regarding the length and
conditions of expulsion.
12. When considering the length and conditions of expulsion, the
Board (or the impartial board) may review the student’s
attendance, academic and past disciplinary records. The Board (or
the impartial board) may not review notices of prior expulsions or
suspensions which have been expunged from the student’s
cumulative record, except as so provided in Section VI.A (9), (10),
(11), above, and Section X, below. The Board (or the impartial
board) may ask the Superintendent or designee for a
recommendation as to the discipline to be imposed.
13. Evidence of past disciplinary problems that have led to removal
from a classroom, suspension or expulsion of a student being
considered for expulsion may be considered only during the
second portion of the hearing, during which the Board (or the
impartial board) is considering length of expulsion and nature of
alternative educational opportunity to be offered.
14. Where administrators presented the case in support of the charges
against the student, neither such administrative staff nor the
Superintendent or designee shall not be present during the
deliberations of the Board (or the impartial board) either on
questions of evidence or on the final discipline to be imposed. The
Superintendent or designee may, after reviewing the incident with
administrators, and reviewing the student’s records, make a
recommendation to the Board (or the impartial panel) as to the
appropriate discipline to be applied.
15. The Board (or the impartial board) shall make findings as to the
truth of the charges, if the student has denied them; and, in all
cases, the disciplinary action, if any, to be imposed. While the
hearing itself is conducted in executive session, the vote regarding
expulsion must be made in open session and in a manner that
preserves the confidentiality of the student’s name and other
personally identifiable information.
16. Except for a student who has been expelled based on possession of
a firearm or deadly weapon as described in subsection IV.B(1) and
(2) above, the Board (or the impartial board) may, in its discretion,
shorten or waive the expulsion period for a student who has not
previously been suspended or expelled, if the student completes a
Board-specified program and meets any other conditions required
by the Board (or the impartial board). The Board-specified
program shall not require the student and/or the student’s parents
to pay for participation in the program.
17. The Board (or the impartial board) shall report its final decision in
writing to the student, or if such student is a minor, also to the
parent(s) or guardian(s), stating the reasons on which the decision
is based, and the disciplinary action to be imposed. Said decision
shall be based solely on evidence presented at the hearing. The
parents or guardian or any minor student who has been expelled
shall be given notice of such disciplinary action within twenty-four
(24) hours of the time of the institution of the period of the
expulsion.
18. The hearing may be conducted virtually, via video conference, at
the direction of the Board (or the impartial board), in the event
school buildings are closed to students or individuals are provided
limited access to school buildings due to a serious health or other
emergency. Any virtual hearing must provide the student the due
process rights identified in this Subsection D.


E. Presence on School Grounds, on School Transportation, and
Participation in School-Sponsored Activities During Expulsion:
During the period of expulsion, the student shall not be permitted to be on
school property or on school transportation, and shall not be permitted to
attend or participate in any school-sponsored activities, except for the
student’s participation in any alternative educational opportunity provided
by the District in accordance with this policy, unless the Superintendent
specifically provides written permission for the student to enter school
property or school transportation for a specified purpose or to participate
in a particular school-sponsored activity.


F. Stipulated Agreements:
In lieu of the procedures used in this Section, the Administration and the
parent(s) or legal guardian(s) of a student facing expulsion may choose to
enter into a Joint Stipulation of the Facts and a Joint Recommendation to
the Board concerning the length and conditions of expulsion. Such Joint
Stipulation and Recommendation shall include language indicating that
the parent(s) or legal guardian(s) understand their right to have an
expulsion hearing held pursuant to these procedures, and language
indicating that the Board, in its discretion, has the right to accept or reject
the Joint Stipulation of Facts and Recommendation. If the Board (or the
impartial board) rejects either the Joint Stipulation of Facts or the
Recommendation, an expulsion hearing shall be held pursuant to the
procedures outlined herein. If the student is eighteen years of age or older,
the student shall have the authority to enter into a Joint Stipulation and
Recommendation on the student’s own behalf.
If the parties agree on the facts, but not on the disciplinary
recommendation, the Administration and the parents (or legal guardians)
of a student facing expulsion may also choose to enter into a Joint
Stipulation of the Facts and submit only the Stipulation of the Facts to the
Board (or the impartial board) in lieu of holding the first part of the
hearing, as described above. Such Joint Stipulation shall include language
indicating that the parents and/or student over the age of 18 understand
their right to have a hearing to determine whether the student engaged in
the alleged misconduct and that the Board, in its discretion, has the right to
accept or reject the Joint Stipulation of Facts. If the Board (or the
impartial board) rejects the Joint Stipulation of Facts, a full expulsion
hearing shall be held pursuant to the procedures outlined herein.


IX. Alternative Educational Opportunities for Expelled Students
A. Students under sixteen (16) years of age:
Whenever the Board expels a student under sixteen (16) years of age, it
shall offer any such student an alternative educational opportunity.
B. Students sixteen (16) to eighteen (18) years of age:
1. The Board shall provide an alternative educational opportunity to a
sixteen (16) to eighteen (18) year-old student expelled for the first
time if the student requests it and if the student agrees to the
conditions set by the Board (or the impartial board). Such
alternative educational opportunity may include, but shall not be
limited to, the placement of a student who is at least seventeen
years of age in an adult education program. Any student
participating in an adult education program during a period of
expulsion shall not be required to withdraw from school as a
condition to participation in the adult education program.
2. The Board is not required to offer an alternative educational
opportunity to any student between the ages of sixteen (16) and
eighteen (18) who is expelled for a second, or subsequent, time.
3. The Board shall count the expulsion of a student when the student
was under sixteen (16) years of age for purposes of determining
whether an alternative educational opportunity is required for such
student when the student is between the ages of sixteen and
eighteen.
C. Students eighteen (18) years of age or older:
The Board is not required to offer an alternative educational opportunity to
expelled students eighteen (18) years of age or older.
D. Content of Alternative Educational Opportunity
1. For the purposes of Section IX, and subject to Subsection IX.E,
below, any alternative educational opportunity to which an
expelled student is statutorily entitled shall be (1) alternative
education, as defined by Conn. Gen. Stat. § 10-74j and in
accordance with the Standards for Educational Opportunities for
Students Who Have Been Expelled, adopted by the Connecticut
State Board of Education (“CSBE”), with an individualized
learning plan, if the Board provides such alternative education, or
(2) in accordance with the Standards for Educational
Opportunities for Students Who Have Been Expelled, adopted by
the CSBE.
2. The Superintendent, or designee, shall develop administrative
regulations concerning alternative educational opportunities, which
administrative regulations shall be in compliance with the
standards adopted by the CSBE. Such administrative regulations
shall include, but are not limited to, provisions to address student
placement in alternative education; individualized learning plans;
monitoring of students placements and performance; and a process
for transition planning.
E. Students identified as eligible for services under the Individuals with
Disabilities Education Act (“IDEA”):
Notwithstanding Subsections IX.A. through D. above, if the Board expels
a student who has been identified as eligible for services under the
Individuals with Disabilities Education Act (“IDEA”), it shall offer an
alternative educational opportunity to such student in accordance with the
requirements of IDEA, as it may be amended from time to time, and in
accordance with the Standards for Educational Opportunities for Students
Who Have Been Expelled, adopted by the CSBE.
F. Students for whom an alternative educational opportunity is not
required:
The Board may offer an alternative educational opportunity to a student
for whom such alternative educational opportunity is not required by law
or as described in this policy. In such cases, the Board, or if delegated by
the Board, the Administration, shall determine the components, including
nature, frequency and duration of such services, of any such alternative
educational opportunity.


X. Notice of Student Expulsion on Cumulative Record
Notice of expulsion and the conduct for which the student was expelled shall be
included on the student’s cumulative educational record. Such notice, except for
notice of an expulsion of a student in grades nine through twelve, inclusive, based
upon possession of a firearm or deadly weapon, shall be expunged from the
cumulative educational record by the Board if the student graduates from high
school.
In cases where the student’s period of expulsion is shortened or waived in
accordance with Section VIII.D(16), above, the Board may choose to expunge the
expulsion notice from the cumulative record at the time the student completes the
Board-specified program and meets any other conditions required by the Board.
If a student’s period of expulsion was not shortened or waived, the Board may
choose to expunge the expulsion notice from the student’s cumulative record prior
to graduation if such student has demonstrated to the Board that the student’s
conduct and behavior in the years following such expulsion warrants an
expungement. In deciding whether to expunge the expulsion notice, the Board
may receive and consider evidence of any subsequent disciplinary problems that
have led to removal from a classroom, suspension or expulsion of the student.
If the student has not previously been suspended or expelled, and the
Administration chooses to expunge the expulsion notice from the student’s
cumulative record prior to graduation, the Administration may refer to the
existence of the expunged notice, notwithstanding the fact that such notice may
have been expunged from the student’s cumulative file, for the limited purpose of
determining whether any subsequent suspension or expulsion by the student
would constitute the student’s first such offense.


XI. Change of Residence During Expulsion Proceedings
A. Student moving into the District:
1. If a student enrolls in the District while an expulsion hearing is
pending in another public school district, such student shall not be
excluded from school pending completion of the expulsion hearing
unless an emergency exists, as defined above. The Board shall
retain the authority to suspend the student or to conduct its own
expulsion hearing.
2. Where a student enrolls in the District during the period of
expulsion from another public school district, the Board may adopt
the decision of the student expulsion hearing conducted by such
other school district. The student shall be excluded from school
pending such hearing. The excluded student shall be offered an
alternative educational opportunity in accordance with statutory
requirements. The Board (or the impartial board) shall make its
determination pertaining to expulsion based upon a hearing held by
the Board (or the impartial board), which hearing shall be limited
to a determination of whether the conduct which was the basis of
the previous public school district’s expulsion would also warrant
expulsion by the Board.
B. Student moving out of the District:
Where a student withdraws from school after having been notified that an
expulsion hearing is pending, but before a decision has been rendered by
the Board, the notice of the pending expulsion hearing shall be included
on the student’s cumulative record and the Board shall complete the
expulsion hearing and render a decision. If the Board subsequently
renders a decision to expel the student, a notice of the expulsion shall be
included on the student’s cumulative record.


XII. Procedures Governing Suspension and Expulsion of Students Identified as
Eligible for Services under the Individuals with Disabilities Education Act
(“IDEA”)
A. Suspension of IDEA students:
Notwithstanding the foregoing, if the Administration suspends a student
identified as eligible for services under the IDEA (an “IDEA student”)
who has violated any rule or code of conduct of the District that applies to
all students, the following procedures shall apply:
1. The Administration shall make reasonable attempts to immediately
notify the parents of the student of the decision to suspend on the
date on which the decision to suspend was made, and a copy of the
special education procedural safeguards must either be handdelivered or sent by mail to the parents on the date that the
decision to suspend was made.
2. During the period of suspension, the District is not required to
provide any educational services to the IDEA student beyond that
which is provided to all students suspended by the District.
B. Expulsion and Suspensions that Constitute Changes in Placement for
IDEA students:
Notwithstanding any provision to the contrary, if the Administration
recommends for expulsion an IDEA student who has violated any rule or
code of conduct of the District that applies to all students, the procedures
described in this section shall apply. The procedures described in this
section shall also apply for students whom the Administration has
suspended in a manner that is considered under the IDEA, as it may be
amended from time to time, to be a change in educational placement:
1. Upon the decision by the Administration to recommend expulsion
or impose a suspension that would constitute a change in
educational placement, the Administration shall promptly notify
the parent(s)/guardian(s) of the student of the recommendation of
expulsion or the suspension that would constitute a change in
educational placement, and provide the parents(s)/guardian(s) a
copy of the special education procedural safeguards either by
hand-delivery or by mail (unless other means of transmission have
been arranged).
2. The District shall immediately convene the student’s planning and
placement team (“PPT”), but in no case later than ten (10) school
days after the recommendation for expulsion or the suspension that
constitutes a change in placement was made. The student’s PPT
shall consider the relationship between the student’s disability and
the behavior that led to the recommendation for expulsion or the
suspension which constitutes a change in placement, in order to
determine whether the student’s behavior was a manifestation of
the student’s disability.
3. If the student’s PPT finds that the behavior was a manifestation of
the student’s disability, the Administration shall not proceed with
the recommendation for expulsion or the suspension that
constitutes a change in placement.
4. If the student’s PPT finds that the behavior was not a manifestation
of the student’s disability, the Administration may proceed with
the recommended expulsion or suspension that constitutes a
change in placement.
5. During any period of expulsion, or suspension of greater than ten
(10) days per school year, the Administration shall provide the
student with an alternative education program in accordance with
the provisions of the IDEA.
6. When determining whether to recommend an expulsion or a
suspension that constitutes a change in placement the responsible
administrator (or designee) should consider the nature of the
misconduct and any relevant educational records of the student.
C. Removal of Special Education Students for Certain Offenses:
1. A responsible administrator may remove a student eligible for
special education under the IDEA to an appropriate interim
alternative educational setting for not more than forty-five (45)
school days if the student:
a. Was in possession of a dangerous weapon, as defined in 18
U.S.C. 930(g)(2), as amended from time to time, on school
grounds, on school transportation, or at a school-sponsored
activity, or
b. Knowingly possessed or used illegal drugs or sold or
solicited the sale of a controlled substance while at school,
on school transportation, or at a school-sponsored activity;
or
c. Has inflicted serious bodily injury upon another person
while at school, on school premises, on school
transportation, or at a school function.
2. The following definitions shall be used for this subsection XII.C.:
a. Dangerous weapon means a weapon, device, instrument,
material, or substance, animate or inanimate, that is used
for, or is readily capable of, causing death or serious bodily
injury, except that such term does not include a pocket
knife with a blade of less than 2.5 inches in length.
b. Controlled substance means a drug or other substance
identified under schedules I, II, III, IV, or V in section
202(c) of the Controlled Substances Act, 21 U.S.C. 812(c).
c. Illegal drug means a controlled substance but does not
include a substance that is legally possessed or used under
the supervision of a licensed health-care professional or
that is legally possessed or used under any other authority
under the Controlled Substances Act or under any other
provision of federal law.
d. Serious bodily injury means a bodily injury which
involves: (A) a substantial risk of death; (B) extreme
physical pain; (C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.


XIII. Procedures Governing Expulsions for Students Identified as Eligible under
Section 504 of the Rehabilitation Act of 1973 (“Section 504”)
A. Except as provided in subsection B below, notwithstanding any provision
to the contrary, if the Administration recommends for expulsion a student
identified as eligible for educational accommodations under Section 504
who has violated any rule or code of conduct of the District that applies to
all students, the following procedures shall apply:
1. The parents of the student must be notified of the decision to
recommend the student for expulsion.
2. The District shall immediately convene the student’s Section 504
team (“504 team”) for the purpose of reviewing the relationship
between the student’s disability and the behavior that led to the
recommendation for expulsion. The 504 team will determine
whether the student’s behavior was a manifestation of the student’s
disability.
3. If the 504 team finds that the behavior was a manifestation of the
student’s disability, the Administration shall not proceed with the
recommended expulsion.
4. If the 504 team finds that the behavior was not a manifestation of
the student's disability, the Administration may proceed with the
recommended expulsion.
B. The Board may take disciplinary action for violations pertaining to the use
or possession of illegal drugs or alcohol against any student with a
disability who currently is engaging in the illegal use of drugs or alcohol
to the same extent that such disciplinary action is taken against
nondisabled students. Thus, when a student with a disability is
recommended for expulsion based solely on the illegal use or possession
of drugs or alcohol, the 504 team shall not be required to meet to review
the relationship between the student’s disability and the behavior that led
to the recommendation for expulsion.


XIV. Procedures Governing Expulsions for Students Placed in a Juvenile Detention
Center
A. Any student who commits an expellable offense and is subsequently
placed in a juvenile detention center or any other residential placement for
such offense may be expelled by the Board in accordance with the
provisions of this section. The period of expulsion shall run concurrently
with the period of placement in a juvenile detention center or other
residential placement.
B. If a student who committed an expellable offense seeks to return to the
District after participating in a diversionary program or having been
placed in a juvenile detention center or any other residential placement
and such student has not been expelled by the Board for such offense
under subdivision (A) of this subsection, the Board shall allow such
student to return and may not expel the student for additional time for such
offense.


XV. Early Readmission to School
An expelled student may apply for early readmission to school. The Board
delegates the authority to make decisions on readmission requests to the
Superintendent. Students desiring readmission to school shall direct such
readmission requests to the Superintendent. The Superintendent has the
discretion to approve or deny such readmission requests, and may condition
readmission on specified criteria.


XVI. Dissemination of Policy
The District shall, at the beginning of each school year and at such other times as
it may deem appropriate, provide for an effective means of informing all students,
parent(s) and/or guardian(s) of this policy.


XVII. Compliance with Documentation and Reporting Requirements
A. The District shall include on all disciplinary reports the individual
student’s state-assigned student identifier (SASID).
B. The District shall report all suspensions and expulsions to the State
Department of Education.
C. If the Board expels a student for sale or distribution of a controlled
substance, as defined in Conn. Gen. Stat. § 21a-240(9), whose
manufacture, distribution, sale, prescription, dispensing, transporting or
possessing with the intent to sell or dispense, offering, or administration is
the subject to criminal penalties under Conn. Gen. Stat. §§ 21a-277 and
21a-278, the District shall refer such student to an appropriate state or
local agency for rehabilitation, intervention or job training and inform the
agency of its action.
D. If the Board expels a student for possession of a firearm, as defined in 18
U.S.C. § 921, or deadly weapon, dangerous instrument or martial arts
weapon, as defined in Conn. Gen. Stat. § 53a-3, the District shall report
the violation to the local police.
Legal References:
Connecticut General Statutes:
§ 10-16 Length of school year
§ 10-74j Alternative education
§§ 4-176e through 4-180a and § 4-181a Uniform Administrative
Procedures Act
§ 10-222d Safe school climate plans. Definitions. Safe school climate
assessments
§§ 10-233a through 10-233f Suspension and expulsion of students
§ 10-233l Expulsion and suspension of children in preschool
programs
§ 10-253 School privileges for children in certain placements,
nonresident children, children in temporary shelters,
homeless children and children in juvenile detention
facilities. Liaison to facilitate transitions between school
districts and juvenile and criminal justice systems.
§ 19a-342a Use of electronic nicotine delivery system or vapor product
prohibited. Exceptions. Signage required. Penalties
§ 21a-240 Definitions
§ 21a-277 Penalty for illegal manufacture, distribution, sale,
prescription, dispensing
§ 21a-278 Penalty for illegal manufacture, distribution, sale,
prescription, or administration by non-drug-dependent
person
§§ 21a-408a through 408p Palliative Use of Marijuana
§ 29-35 Carrying of pistol or revolver without permit prohibited.
Exceptions
§ 29-38 Weapons in vehicles
§ 53a-3 Definitions
§ 53-206 Carrying of dangerous weapons prohibited
§ 53-344 Sale or delivery of cigarettes or tobacco products to
persons under twenty-one.
§ 53-344b Sale and delivery of electronic nicotine delivery system or
vapor products to persons under twenty-one years or age
Public Act No. 21-46, “An Act Concerning Social Equity and the Health,
Safety and Education of Children.”
Packer v. Board of Educ. of the Town of Thomaston, 717 A.2d 117 (Conn. 1998).
State v. Hardy, 896 A.2d 755 (Conn. 2006).
State v. Guzman, 955 A.2d 72 (Conn. App. Ct. 2008).
Connecticut State Department of Education, Standards for Educational
Opportunities for Students Who Have Been Expelled, adopted January 3,
2018.
Federal law:
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as
amended by the Individuals with Disabilities Education Improvement Act
of 2004, Pub. L. 108-446.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).
18 U.S.C. § 921 (definition of “firearm”)
18 U.S.C. § 930(g)(2) (definition of “dangerous weapon”)
18 U.S.C. § 1365(h)(3) (identifying “serious bodily injury”)
21 U.S.C. § 812(c) (identifying “controlled substances”)
34 C.F.R. § 300.530 (defining “illegal drugs”)
Gun-Free Schools Act, 20 U.S.C. § 7961
Honig v. Doe, 484 U.S. 305 (1988)

                                                                           

 

 

ADOPTED:    December 6, 1994

Amended:       September 5, 1995

Amended:       February 24, 1997

Amended:       October 21, 1997

Amended:       January 5, 1998

Amended:       January 5, 1999

Amended:       June 6, 2000

Amended:       March 4, 2003

Amended:       February 17, 2004

Amended:       November 17, 2009

Amended:       April 28, 2015

Amended:       November 17, 2015

Amended:       November 21, 2017

Amended:       December 18, 2018

Amended:       September 1, 2020

Amended:       April 20, 2021

Amended:       November 15, 2022

Amended:       November 20, 2023

 

Approved 11/20/2023
Previous Policy Number: 5133