Policies

Middletown Public Schools No. 7114

Learning Environment – Suspension/Expulsion

Learning Environment - Suspension/Expulsion

I. Rationale

The Middletown School Committee acknowledges and agrees that the school environment must be conducive to learning. The underlying belief of this policy is that all children have the right to be educated in a safe and nurturing environment. The district maintains a zero tolerance stance for firearms as required by federal law. For other violations, discipline will be progressive, developmentally appropriate, and aligned with restorative practices.

This policy will be implemented according to the due process provisions applicable to regular and special education students and in accord with approved local procedures, as well as State and Federal regulations governing the suspension or removal of regular and special education students from school programs. Disciplinary decisions shall be applied equitably, consistent with the Safe and Supportive Schools Act, and in compliance with IDEA and Section 504 protections for students with disabilities.

II. Law Enforcement Role

A. In all cases involving weapons, aggravated assault or substance abuse in schools or on school grounds, school buses or school bus stops, or at any school function, local police shall be called, and all confiscated weapons and illegal drugs are to be turned over to the police department.

B. A log of all confiscated weapons and illegal drugs will be kept by school administrators and will be available to be reviewed by the local police department on a monthly basis.

III. Definitions

A. Weapons

The term "weapons" shall include firearms as defined by federal law, knives, dangerous instruments, or any object used or intended to cause bodily harm. The determination shall consider intent, context, and threat level.

B. Violence/Assault

Assault is defined as an act of physical violence or an aggravated threat of physical violence by a student on another student, employee or visitor.

When considering what constitutes aggravated assault, the factors to be weighed include: age of student(s) involved, seriousness of bodily injury, the state of mind of the individual(s) involved, any other factors deemed relevant to the Principals or their designee.

Principals, or their designee, will make the determination as to whether or not a particular incident constitutes an aggravated assault.

C. Substance Abuse

Unauthorized possession, selling or consumption in the school or on school grounds, on school buses or at school bus stops, or at school functions, of dangerous drugs, narcotics, or alcoholic beverages.

(1) Dangerous drugs or narcotics shall mean any controlled drug classified generally as amphetamine-type, barbiturate-type, cannabis-type, cocaine type, hallucinogenic, morphine-type, and other stimulant and depressant drugs, and, in addition, those substances known as Methaqualone. Unauthorized use or possession of such substances shall mean use or possession without a valid prescription.

IV. Suspension (Out of School) / Expulsion

A. Definitions

(1) "Suspension" means an exclusion from school for up to ten (10) consecutive school days by a building administrator in accordance with RIGL §16-21-10. “Long-term suspension” means removal beyond 10 school days and requires School Committee due process procedures.

(2) The term "expulsion" means the exclusion of a pupil from school for more than ten consecutive school days by the School Committee for a period of time not extending beyond the current school year. Students removed for more than 10 cumulative days shall receive procedural protections required under IDEA when applicable.

(a) The School Committee may expel a pupil from school if, after a full hearing, the Committee finds that his or her conduct endangers persons or property, is seriously disruptive of the educational process, or is violative of a publicized board policy, and for such other reasons and by such procedure as allowed by law.

V. Other Actions Leading to Suspension or Expulsion

The District shall utilize graduated responses, including restorative practices, behavioral supports, counseling, and family engagement prior to exclusionary discipline when appropriate and when safety permits.

A. The following breaches of conduct on school property, school transportation, bus stops, or at any school sponsored activity on or off school grounds may lead to consideration of suspension or expulsion:

(1) Willfully striking or assaulting a student or any member of the school staff.

(2) Theft.

(3) The use of obscene or profane language or gestures to a member of the school staff.

(4) Deliberate refusal to obey a member of the school staff.

(5) A walk-out from or sit-in within a classroom or school building.

(6) Blackmailing, threatening, or intimidating school staff or other students.

(7) Possessing in the school or on school grounds any kind of weapon, such as a pistol, knife, blackjack, facsimiles, etc.

(8) Possessing drugs, narcotics or alcoholic beverages.

(9) The willful destruction of school property.

(10) Violation of school bus rules.

(11) (Violation of GLRI 16-21.2-11)

(a) Any student enrolled in any secondary or elementary school shall be prohibited from carrying, possessing or using a paging device of any kind or a laser pointer of any kind on school property, except with the written consent of the principal of the school in which the student is enrolled.

(b) The penalty for violation of this section shall be the confiscation of the device.

(12) Violation of any other school rules or State laws.

VI. Procedures Governing Suspension

(1) Unless an emergency situation requiring the pupil's immediate removal exists, no student shall be suspended prior to having an informal hearing before the Principal, or his or her designee, at which the student is informed as to 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) By telephone, the Principal, or his or her designee, shall make all possible attempts to immediately notify the parent or guardian of the student about the suspension and state the cause(s) leading to the suspension.

(3) Whether or not telephone contact is made with the parent or guardian, the Principal, or his or her designee, shall forward a letter to such parent or guardian to the last address reported on school records (or to a newer address if known by the Principal, or his or her designee) within one school day of the suspension action and offering the parent or guardian an opportunity for a conference to discuss same.

(4) Notice of the original suspension shall be transmitted by the Principal, or his or her designee, to the Superintendent of Schools by the close of the school day following the commencement of the suspension.

(5) Following a conference with the Principal, or his or her designee, the student or his or her parent(s) or guardian(s), may request the Superintendent of Schools, or his or her designee, to review the Principal's decision. Such review shall be completed and a written report issued to the student and his or her parent(s) or guardian(s) and to the School Committee within three days of such request. In re-examining the Principal's decision to suspend, the Superintendent shall require the Principal, the person who witnessed and reported the incident which resulted in the student's suspension, and the student to give individual accounts as to the events leading to the suspension. The Superintendent shall determine whether such accounts shall be oral or written. Immediately following the receipt of such individual accounts and before issuance of his or her written report, the Superintendent may, if he/she deems it appropriate, call all involved parties together for a conference.

(6) If a student is eighteen years of age or older, any notice required by this policy shall be given to the student.

(7) Academic materials are to be provided to each pupil for the duration of the suspension period and the student shall be allowed to complete any classwork, including examinations, without penalty, which he or she missed while under suspension.

(8) The Superintendent of Schools shall report any unusually serious case of pupil suspension to the School Committee at their first meeting following such action.

VII. Procedures Governing Expulsion

A. A Principal may request expulsion of a pupil in a case where the Principal has cause to believe the student's conduct endangers persons or property, is seriously disruptive of the educational process or is violative of a publicized Committee policy.

B. Requests for expulsion are to be directed to the School Committee through the Superintendent of Schools.

C. Upon receipt of an expulsion request, the Superintendent shall conduct an inquiry within two (2) school days to determine if the student's conduct endangers persons or property, is seriously disruptive of the educational process or is violative of a publicized Committee policy.

D. If after the inquiry, the Superintendent, or his or her designee, determines that a student ought to be expelled, he or she shall forward such a request to the School Committee within five (5) school days of the request from the Principal.

E. Except in an emergency situation requiring the student’s immediate removal, the School Committee shall, prior to expelling the student, conduct a hearing to be governed by the following procedures:

(1) The student and his parent(s) or guardian(s) must be given notice, at least five (5) school days prior to the date of the hearing.

(2) The notice shall contain:

(a) The date, time and place of the scheduled hearing.

(b) The details of the grounds for the proposed expulsion, including a narrative of the events leading to the expulsion, the names of any witnesses against the student, copies of any statements or affidavits of those witnesses, a detailed summary of any other information to be used in support of expulsion, including any record of past offenses or misbehavior, and whether any proper warnings or suspensions have been given, and the proposed penalty.

(3) At the hearing, the student shall have the right to testify and produce witnesses and other evidence in his or her defense. The student shall have the right to demand that any witnesses against him or her appear in person to answer his or her questions.

In exceptional circumstances, the Committee may refuse to allow a witness against the suspended student to appear, when the Committee believes that fear on the part of the witness would prevent the giving of accurate testimony. In such cases, a verbatim statement of the witness’s testimony must be given to the student.

A witness’ unsubstantiated desire to remain anonymous is not such an exceptional circumstance as to justify dispensing with confrontation and questioning by the student.

(4) A student may be represented by any third party of his choice, including an attorney.

(5) A student is entitled to the services of a translator, to be provided by the School Committee, whenever the student or his parent(s) or guardian(s) does not speak the English language.

(6) The Committee shall keep a verbatim record of the hearing, and the student or such student's parent or guardian shall be entitled to a copy of that record at his or her own expense.

(7) The Committee shall report its final decision in writing to the student, stating the reasons on which the decision is based and the penalty to be imposed. Said decision shall be based solely on evidence derived at the hearing.

(8) Within twenty-four hours after its decision, the Committee shall notify the parents or guardians of any minor pupil of such action.

(9) The School Committee shall mail a copy of its decision to the State Board of Education within five (5) school days of the effective date of such action.

(10) Whenever an emergency exists, the hearing provided for above shall be held as soon as possible after the expulsion.

F. Whenever the School Committee expels a student, it shall offer such student an alternative education program, develop a re-entry transition plan and ensure continued access to education consistent with Rhode Island law. The parent(s) or guardian(s) of such a student has the legal right to reject such a program without being subject to the truancy law.

VIII. Discipline of Students with Disabilities

Students with disabilities shall be disciplined in accordance with the Individuals with Disabilities Education Act (IDEA) and Section 504. When a removal constitutes a change of placement:

● A Manifestation Determination Review (MDR) shall occur within 10 school days

● Students shall continue to receive Free Appropriate Public Education (FAPE)

● Interim alternative educational settings may be used for weapons, drugs, or serious bodily injury offenses for up to 45 school days as permitted by federal law

VIIII. Notification

The District shall annually publish this policy in student handbooks and on the district website in languages accessible to families.

History: 5114

Replaces Suspension/Expulsion January 8, 1976

First Reading Revised Policy - January 20, 1994

Second Reading - February 10, 1994

Revised - May 14, 1998

Revised and Approved - April 26, 1999

First Revision - March 19, 2026

Second Review - April 16, 2026

3 Year Review Due - April 2029