5130 TEST

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. Pursuant to this policy, the
District shall promote the utilization of consistent discipline practices, both within and
across schools in the District, while also promoting the consideration of individual
circumstances arising in each student disciplinary matter.
Where appropriate, the District utilizes strategies that teach, encourage, and reinforce
positive student behavior. Such strategies include, but are not limited to, using
evidence and research-based interventions, including restorative practices, and may be
implemented with or without imposing discipline, as appropriate. In addition to
implementing this Student Discipline policy, the District shall address student behavior
in accordance with the Board’s School Climate Policy, Restorative Practices Response
Policy, and any school rules, student handbook, and/or code of conduct provisions
regarding the same.
I. Definitions
A. Bullying means unwanted and aggressive behavior among children in
grades kindergarten to twelve, inclusive, that involves a real or perceived
power imbalance.
B. Cannabis means marijuana, as defined by Conn. Gen. Stat. § 21a-240.
C. Challenging Behavior means behavior that negatively impacts school
climate or interferes, or is at risk of interfering, with the learning or
safety of a student or the safety of a school employee.
D. 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.
E. 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.
F. 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.
G. 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.
H. Exclusion means any denial of public school privileges to a student for
disciplinary purposes.
I. 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.
J. 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 1⁄2" 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.
K. Generative Artificial Intelligence (“AI”) refers to a technology system,
including but not limited to ChatGPT,capable of learning patterns and
relationships from data, enabling it to create content, including but not
limited to text, images, audio, or video, when prompted by a user.
L. 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, status as a victim
of sexual assault or status as a victim of trafficking in persons, 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.
M. In-School Suspension means an exclusion from regular classroom
activity for no more than five (5) 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.
N. Martial Arts Weapon means a nunchaku, kama, kasari-fundo, octagon
sai, tonfa or chinese star.
O. 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.
P. School Days shall mean days when school is in session for students.
Q. School-Sponsored Activity means any activity sponsored, recognized or
authorized by the Board and includes activities conducted on or off
school property.

R. 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.
S. Suspension means the exclusion of a student from school and/or
transportation services only, 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.
T. Synthetically created image means any photograph, film, videotape or
other image of a person that (A) is (i) not wholly recorded by a camera,
or (ii) either partially or wholly generated by a computer system, and (B)
depicts, and is virtually indistinguishable from what a reasonable person
would believe is the actual depiction of, an identifiable person.
U. 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.
V. 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.
W. 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
School-Sponsored 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 off campus conduct is
seriously disruptive of the educational process, the Administration
and the Board 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 may also consider (5) whether
the off-campus conduct involved the illegal use of drugs.

D. Misconduct Involving Cannabis:
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.
4. The possession, display and/or dissemination of obscenity or
pornographic images or the unauthorized or inappropriate
possession, display and/or dissemination of images, pictures or
photographs depicting nudity, including intimate synthetically
created images.
5. Violation of smoking, dress, transportation regulations, or other
regulations and/or policies governing student conduct.
6. Refusal to obey a member of the school staff, law enforcement
authorities, or school volunteers, or disruptive classroom
behavior.
7. The use of one or more of the following: objectively offensive
racial, ethnic, or religious epithets (or epithets commonly
associated with any Protected Class membership, including but
not limited to epithets relating to sex, sexual orientation, and/or
gender identity or expression); other words or phrases commonly
considered demeaning or degrading on the basis of Protected
Class membership; display of images or symbols commonly
associated with discrimination against individuals on the basis of
their membership in a Protected Class; graphic, written or
electronic communications that are harmful, or humiliating based
on Protected Class membership; bigoted conduct or
communications; and/or physical, written, electronic or verbal
threats based on Protected Class membership.
8. 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.
9. 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 staff members or otherwise engaging in dishonest
behavior.
10. 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.
11. A walk-out from or sit-in within a classroom or school building
or school grounds.
12. 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), including the use of AI to engage in such
conduct.
13. Possession and/or use 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.
14. Possession of any ammunition for any weapon described above in
Paragraph 13.
15. Unauthorized entrance into any school facility or portion of a
school facility or aiding or abetting an unauthorized entrance.
16. 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.
17. 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 17, 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 17, 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 17, 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 17, 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.
18. 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.
19. Possession of paraphernalia used or designed to be used in the
consumption, sale or distribution of drugs, alcohol or tobacco, as
described in Paragraph 17 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.
20. The destruction of real, personal or school property, such as,
cutting, defacing or otherwise damaging property in any way.
21. Accumulation of offenses such as school and class tardiness, class
or study hall cutting, or failure to attend detention.
22. Trespassing on school grounds while on out-of-school suspension
or expulsion.
23. Making false bomb threats or other threats to the safety of
students, employees, and/or other persons.
24. Defiance of school rules and the valid authority of teachers,
supervisors, administrators, other employees and/or law
enforcement authorities.
25. Throwing snowballs, rocks, sticks and/or similar objects, except
as specifically authorized by school employees responsible for
student supervision.
26. Unauthorized and/or reckless and/or improper operation of a
motor vehicle on school grounds or at any school-sponsored
activity.
27. Leaving school grounds, school transportation or a
school-sponsored activity without authorization.
28. Use of or copying of the academic work of another individual and
presenting it as the student's own work, without proper
attribution; the unauthorized use of AI for the completion of class
assignments; or any other form of academic dishonesty, cheating
or plagiarism.
29. 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.
30. 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.
31. 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, including using AI in a
manner that disrupts or undermines the effective operation of the
school district or is otherwise seriously disruptive to the
educational process.
32. 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.
33. Hazing.
34. Challenging behavior, including, but not limited to, bullying, as
defined in the Board’s School Climate Policy and above.
35. 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.
36. 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.
37. Engaging in a plan to stage or create a violent and/or sexual
situation or activity for the purposes of recording it by electronic
means and/or recording such situation or activity by electronic
means. Reporting recordings to school officials may warrant
exceptions from disciplinary action in certain circumstances.
38. The unauthorized publication or dissemination of a recording
(photographic or audio) of another individual without permission
of the individual or a school employee. Reporting recordings to
school officials may warrant exceptions from disciplinary action
in certain circumstances.
39. Using computer systems, including email, remote learning
platforms, instant messaging, text messaging, blogging or the use
of social networking websites, AI, or other forms of electronic

communications, to engage in any conduct prohibited by this
policy.
40. 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.
41. 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.
42. Any action prohibited by any Federal or State law.
43. 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 District 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 IX 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 Behavior that Causes a Serious Disruption
A. A school principal or other school administrator shall notify a parent or
guardian of a student whose behavior has caused a serious disruption to
the instruction of other students; caused self-harm; or caused physical
harm to a teacher, another student, or other school employee not later
than twenty-four (24) hours after such behavior occurs.

B. Such notice shall include, but not be limited to, informing such parent or
guardian that the teacher of record in the classroom in which such
behavior occurred may request a behavior intervention meeting.
C. If the teacher of record in the classroom ultimately requests a behavior
intervention meeting with the crisis intervention team for the school, the
parent or guardian must be notified that such meeting will occur.
D. If a behavior intervention meeting occurs, the crisis intervention team
shall, not later than seven (7) days after the behavior intervention
meeting, provide to the parent or guardian of such student, in the
dominant language of such parent or guardian, a written summary of
such meeting, including, but not limited to, the resources and supports
identified.

VI. 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 building principal or
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.

VII. 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 the following: five (5) consecutive school
days for an in-school suspension; ten (10) consecutive school days for an
out-of-school suspension for students in grades three through twelve,
inclusive; or five (5) consecutive school days for an out-of-school
suspension for students in grades preschool to two, inclusive. 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 alleged misconduct 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. Prior to conducting the informal hearing referenced above, an
administrator, school counselor or school social worker at the
student’s school must contact the District’s Homeless Education
Liaison to determine whether the student is a homeless child or
youth, as defined by the McKinney-Vento Homeless Assistance
Act. If a student is determined to be a homeless child or youth,
the responsible administrator or the administrator’s designee must
consider the impact of homelessness on the student’s behavior
during the informal hearing.
3. 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 student:
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 District 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
(i) determines that an out-of-school suspension is
appropriate for such student based on evidence
that such student’s conduct on school grounds is
behavior that caused physical harm;

(ii) requires that such student receives services that
are trauma-informed and developmentally
appropriate and align with any behavioral
intervention plan, individualized education
program (“IEP”) or plan pursuant to Section 504
of the Rehabilitation Act of 1973 (“Section 504”)
for such student upon such student's return to
school immediately following the out-of-school
suspension; and
(iii) considers whether to convene a Planning and
Placement Team (“PPT”) meeting for the
purposes of conducting an evaluation to
determine whether such student may require
special education or related services.

4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

9. The student shall be allowed to complete any classwork,
including examinations, without penalty, which the student
missed while under suspension.
10. The 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. The Superintendent may
delegate this authority to building or program level
administrators.
11. 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
VII.A(10), 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. The
Superintendent may delegate this authority to building or program
level administrators.
12. 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.
13. The decision of the responsible administrator or the
administrator’s designee with regard to disciplinary actions up to
and including suspensions shall be final.
14. 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.

VIII. 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.

IX. 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,
not including the day of 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
Superintendent or designee.
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
Superintendent or designee.
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.

1. Prior to conducting the expulsion hearing, an administrator,
school counselor, or school social worker at the student’s school
must contact the District’s Homeless Education Liaison to
determine whether the student is a homeless child or youth, as
defined by the McKinney-Vento Homeless Assistance Act.

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 Superintendent/designee 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 Superintendent or designee 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 Superintendent or designee 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 Superintendent or designee has presented the
Administration’s 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 Superintendent or
designee, 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 Superintendent or designee,

the Presiding Officer and/or by the Board (or the impartial
board). Concluding statements will be made by the
Superintendent or designee 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
VII.A (10), (11), (12), above, and Section XI, 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.