Administrative Procedure 356
SUSPENSION/EXPULSION OF STUDENTS Rationale In fulfilling its provincial and district mandates for safe and caring schools and the Catholic Community of Caring, the Calgary Catholic School District is committed to ensuring welcoming, caring, respectful and safe learning environments exists in all schools. S chool Act Section 45 (1) (2). The district believes the education of students can be carried out best when students maintain adequate conduct and compliance with school regulations and high educational expectations. To achieve this educational environment, the district may in some circumstances, suspend or expel a student, including diverse learners, after other acceptable corrective practices have been attempted and failed. Suspension or expulsion of a student should only proceed in the most serious circumstances. The overarching goal of suspension and expulsion is to ensure the safety of students and the maintenance of a school climate and culture where all students can succeed. As required by Alberta Education, all schools must annually publish student conduct expectations that include the district and school expectations and processes related to progressive discipline. These expectations are communicated annually to staff, students and parents, through a code of conduct, in order to ensure clarity related to staff, student and parent responsibilities related to student conduct and safety. S chool Act Section 45 (3). The normal disciplinary process involves gradual increases along a continuum of consequences. This continuum may begin with in-school suspension(s) and then move to an increasing number of days on suspension and, eventually, the possibility of expulsion. In situations where the actions/behaviours of students are extremely serious, principals may recommend a more severe penalty from the outset. Regulation A.
Definitions
1.
“Suspension” means to remove a student from school, from one or more class periods, courses or education programs, or from riding in a school bus. Students must be reinstated within five (5) school days after the date of the suspension, unless a recommendation for expulsion has been made. School Act-Section 24 (1)
2,
“Expulsion” means to remove a student from school, from one or more class periods, courses or educational programs, or from riding in a school bus or on a bus chartered by the Board for use by a school for a period of more than ten (10) school days.
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3.
“Diverse Learners” means the education of students with mild, moderate, or severe disabilities, as well as those students who are gifted and talented as determined by Alberta Education’s coding criteria.
B.
Suspension
1.
A teacher or a principal may suspend a student in accordance with S chool Act, section 24, subsection (2) or (3) if in the opinion of the teacher or principal: a. The student has failed to comply section 12: i. Be diligent in pursuing the student’s studies; ii. Attend school regularly and punctually; iii. Co-operate fully with everyone authorized by the board to provide education programs and other services; iv. Comply with the rules of the school; v. Account to the student’s teachers for the student’s conduct; vi. Respect the rights of others; vii. Ensure the student’s conduct contributes to a welcoming, caring, respectful and safe environment that respects diversity and fosters a sense of belonging; viii. Refrain from, report and not tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, in the school day or by electronic means: ix. Positively contribute to the students school and community b. The student has failed to comply with the code of conduct established under section 45.1(2); or c. The student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well-being of others in the school.
2.
A teacher may suspend a student from one class period. When the teacher exercises this option administration will ensure parents are informed and appropriate supports are provided as necessary.
3.
A principal may suspend a student: a. b. c.
4.
From school; From one or more class periods, courses or education programs; or, From riding in a school bus.
In addition to infractions related to section 12, behaviours that do not support the provincial expectations regarding safe and caring schools or those of the district’s community of caring program, and therefore interfere with the establishment of welcoming, caring, respectful and safe learning environments, are considered unacceptable. Serious offences may result in the suspension or expulsion of a student.
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5.
These include, but are not limited to: ● ● ● ● ● ● ● ● ● ●
Behaviours that interfere with the learning of others and/or the school environment, or that create unsafe conditions; Acts of bullying, cyber-bullying, harassment, or intimidation ; Retribution against any person in the school who has intervened to prevent or report bullying or any other incident or safety concern; Breaches of digital on-line safety; Inappropriate use of mobile devices; Inappropriate student dress; Physical violence or threats; Personal or sexual harassment; Hazing; Illegal activity such as: o Gang activity; o Possession or use of weapons; o Possession, use or distribution of illegal or restricted substances (including drugs, alcohol, tobacco, or e-cigarette products); o Theft or damage to property.
As outlined in Alberta’s School Act and the future Education Act, students can be held accountable for conduct that occurs outside of the school building or school day and electronically (e.g. social media), if the conduct negatively affects a member of the school or interferes with the school environment. Note this reflects the language of the Student Conduct Procedure. 6.
A principal may reinstate a student suspended under s ection 24 subsection (2) or (3).
7.
When a student is suspended under subsection (3), the principal shall: 1.8.1 1.8.2 1.8.3
Forthwith inform the student’s parent of the suspension; Report in writing to the student’s parent all the circumstances respecting the suspension, and; If requested, provide an opportunity to meet with the student’s parent, and the student if the student is 16 years of age or older, to discuss the reasonableness of the suspension.
8. If the student is not to be reinstated within five (5) school days after the date of the suspension, the principal shall: a. Forthwith inform the board /designate implied/ home school Area Superintendent of the suspension, and; b. Report in writing to the board all the circumstances respecting the suspension and the principal’s recommendations, and the student remains suspended until the board has made a decision under subsection (8).
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9.
Prior to a student being suspended, the principal must have a conversation with the home school area superintendent. If, following the conversation, a student is suspended by the their principal, the principal shall notify the student’s parents/legal guardians in writing as expeditiously as possible following contact in person or by phone to discuss the reasonableness of the principal’s action. The suspension letter may be provided to parents by hand delivery, e-mail, courier, registered mail or in person or by similar means that provides proof of delivery of the suspension letter. If a student is 16 years of age or older, this communication must be addressed s eparately to both the student and to the parents/legal guardians. In the case, where both parents/legal guardians share custody, they would both receive notification by the principal of the suspension. A copy of the documentation must be provided to both.
10.
When a student is suspended by the principal, the principal must complete the student suspension report and submit it to the appropriate home school area superintendent, with a copy to the instructional support supervisor.
11.
A suspended student cannot attend classes, school activities, loiter or trespass in school buildings or on property owned by the board, while under suspension.
12.
During a suspension, pending re-enrolment, the school from which the student is suspended will continue to provide meaningful work to support learning including access to assessment, feedback and access to teacher support. This would reflect the goal of supporting reasonable continuity in instruction to the extent possible.
13.
A principal may reinstate a student.
C.
Expulsion
1.
A student may be expelled if the student’s conduct or continued presence in the school, or participation in a course or school activities, is deemed too seriously threaten, or disrupt the orderly functioning of the school, or is deemed to create a danger to persons or property.
2.
The principal may recommend that the board (implied superintendent b/c delegated) expel the student if: a. b. c.
3.
The student has displayed an attitude of willful, blatant and repeated refusal to comply with section 12; The student has displayed an attitude of willful, blatant and repeated refusal to comply with the code of conduct established under s ection 45.1(2), or; The student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well-being of others in the school. (Section 24, (7)
Severe behaviours that do not support the provincial expectations regarding safe and caring schools or those of the district’s community of caring program, and therefore
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interfere with the establishment of welcoming, caring, respectful and safe learning environments are considered unacceptable. Serious offences may result in the suspension or expulsion of a student. These include, but are not limited to: ● ● ● ● ● ● ● ● ● ●
Behaviours that interfere with the learning of others and/or the school environment, or that create unsafe conditions; Acts of bullying, cyber-bullying, harassment, or intimidation ; Retribution against any person in the school who has intervened to prevent or report bullying or any other incident or safety concern; Breaches of digital on-line safety; Inappropriate use of mobile devices; Inappropriate student dress; Physical violence or threats; Personal or sexual harassment; Hazing; Illegal activity such as: o Gang activity; o Possession or use of weapons; o Possession, use or distribution of illegal or restricted substances (including drugs, alcohol, tobacco, or e-cigarette products); o Theft or damage to property.
As outlined in Alberta’s School Act and the future Education Act, students can be held accountable for conduct that occurs outside of the school building or school day and electronically (e.g. social media), if the conduct negatively affects a member of the school or interferes with the school climate and culture. 4.
The board shall within 10 schools days after the date of the suspension: a. Reinstate the student, or; b. Expel the s tudent from school in accordance with s ection 25.
5.
Before the board, or its designate, makes a decision under s ubsection (8), the student and the student’s parent may make representation to the board, or it’s designate with respect to the principal’s recommendation to expel the student.
6.
If a student is not to be reinstated within five (5) school days of suspension, the principal shall notify the parent/legal guardian and the student (if 16 years of age or older) of the principal recommendation to expel the student and of the right of the parents/legal guardians to make representation before the chief superintendent’s designate who will be a superintendent who has no previous involvement in the student’s file. Notification of the expulsion shall be given by registered letter, e-mail, hand delivery or courier service or any other means that provides confirmation that the documentation has been received by the parent/legal guardian and student if the student is over the age of 16. The student remains suspended until the designated superintendent makes a decision in the case.
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Before the designated area superintendent makes the decision to either uphold or overturn the principals’ recommendation to expel the student, the parent/legal guardian and the student may choose, but is not required, to make representation, at an expulsion hearing, to that superintendent with regard to the principal’s recommendation. 7.
Once a designate superintendent has been appointed, the principal, in collaboration with the home school area superintendent and instructional services supervisor shall prepare all necessary documentation should the parent/legal guardian or student elect to proceed with a representation hearing.
8.
Once appointed, the designate superintendent will communicate in writing to the parents/legal guardians and student about the representation hearing process including time, location and procedures. The designated superintendent will ensure the parents/legal guardian and student are aware no decision about placement or registration in another school can be made until after the designate superintendent makes a decision to uphold or over turn the expulsion recommendation. The designated superintendent will also advise the parents/legal guardian and the student in writing that they have a right to a representation hearing but that they are not required to attend but may opt to comply with the expulsion and move forward with re-enrolment in an appropriate instructional program as an alternative site. If parents/legal guardians decline to request a representation, the home school superintendent will uphold the expulsion and the home school area instructional services supervisor will work with the parent/legal guardian and the student as well as the administration of a suitable school or program to develop a transition plan and re-enroll the student.
9.
In the event that the principal’s recommendation for expulsion is not upheld by the designated superintendent following a representation of the student shall be reinstated to their home school and the home school area instructional services supervisor will work with the parent/legal guardian, the student and the home school administration to develop a plan for reinstatement.
10.
When a student is expelled, the designated area superintendent shall notify, first by phone and then in writing, the student’s parent/legal guardian, and the student if the student is 16 years of age or older: 2.9.1 2.9.2
Of the expulsion; and, Of the right to request a review under section 124 of the S chool Act, by the Minister of Education.
The district, in consultation with instructional services supervisor, shall determine the circumstances under which an expelled student will be re-enrolled. 11.
Where an expelled student is to be re-enrolled, the designated area superintendent shall set such conditions as are deemed reasonable respecting the re-enrollment of the
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student. For example, the student may be directed to counselling programs, risk assessment, etc. If additional information on the student is required for that student to be re-enrolled in a district program, such condition(s) will be stated in the letter to the parent/legal guardian and the student (if 16 years of age or older), and a required date for the completion of such conditions will be included in that correspondence. 12.
The term of an expulsion from a school must be for eleven (11) school days or more, up to the end of that school year. The district reserves the right to direct and re-enroll a student, who has been expelled, to another school within the district, in the following school year, based upon program reasons, or the safety and security of that student or other students.
13.
Pending the scheduling of an expulsion representation hearing by the designated superintendent and the parent’s decision to exercise their right to the representation and until the student is re-enrolled, the school from which the student is suspended will continue to provide meaningful work to support learning including access to assessment, feedback and access to teacher support. This would reflect the goal of supporting reasonable continuity in instruction to the extent possible.
D.
Representations related to student expulsion
1.
Each area superintendent shall be responsible to hear parent/legal guardian/student representations for students outside their respective areas and to make the decision to either uphold or overturn the principal’s recommendation to expel the student as well as to determine under what conditions the student will be re-enrolled into the district.
2.
To support an impartial and objective hearing, another superintendent, who is independent of the case, will be designated to hear the parents/legal guardian/student representation if they opt to request a representation hearing. This designated superintendent must be a superintendent whose general area of responsibility does not include the school in which the student is currently enrolled and from which they are suspended.
E.
Procedures when hearing representations
1.
The designated, independent area superintendent will determine the procedures to be followed when hearing representations and shall ensure that the procedures outlined below are followed, and communicated to all parties involved: a.
The principal or home school area superintendent for the school, where the student attends, shall provide to the parents/legal guardian/student written notification of: i.The time and place of the meeting; ii.The recommendation and reasons for the action contemplated iii. The procedures as outlined in this regulation, to be presented at the meeting;
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iv. v.
The opportunity for the parents/legal guardian/student to attend the meeting and have an advocate or representative present; and The requirement that the parents/legal guardian/student provide to the designated area superintendent at least two (2) full business days prior to the meeting, written notification of the names of any persons being called to make representations on behalf of the parents/legal guardian or student, including whether they are lawyers, lay persons or experts.
b.
If the parent/legal guardian and/or student are represented by an advocate or lawyer, the administration shall also be represented by legal counsel.
c.
The principal, home school area superintendent and instructional supervisor for the school where the student attends shall ensure that the designated area superintendent is provided with all available documentation at the beginning of the meeting. Parents/legal guardians are invited, but not required to, provide a written submission at the beginning of the meeting to which they may refer throughout the course of the hearing.
d.
If additional documentation is distributed by the parties at the meeting, then this documentation shall be made available to the other party. If the quantity of documentation is voluminous, then the designated area superintendent may allow time to read the documents or may adjourn the meeting until the new documentation is reviewed by the parties.
e.
A representation meeting shall be conducted in a private setting on district property and shall, under normal circumstances, be conducted within a one (1) hour time frame. The designated area superintendent, may, in his or her discretion, extend the time frame for the meeting.
f.
The designated superintendent will record the representation meeting by electronic means. Where a recording will take place, the parties shall be advised, by the designated superintendent of schools, at the commencement of the meeting.
g.
At the beginning of the meeting, the designated superintendent, will read into the record, the following statement of confidentiality and provide a written copy to all parties present. Statement of Confidentiality Please note that the documents are provided to you as part of this representation hearing and are provided to you on the following standard conditions and understandings:
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1. That you will protect the privacy of the information contained in the documents regarding your son/daughter and others; and 2. That you will not disclose the documents or any contents of them to anyone by any means without first obtaining the permission of district officials, as the documents were made in the course of school officials carrying out their statutory duties to protect the safety and well-being of students under the School Act and within the confines of a strictly confidential investigation designed to protect the privacy of students who could be subject to possible disciplinary action. h.
In addition, the designated superintendent will ensure that all parties present understand that the electronic recording of the meeting will be provided following the standard understanding and conditions that they: ii.
iii.
Will protect the privacy of their child’s educational record, including any disciplinary action that has been taken to date, as discussed and recorded at the meeting; and Not disclose the tape-recording or any of its contents to anyone by any means without first obtaining written permission of district officials as the tape-recording was made for the sole purpose of documenting the proceedings taken to date by the district officials in consultation with all parties in the best interests of your child in order to create the most viable educational program for him under the School Act.
i.
The designated area superintendent shall introduce all parties, representatives and witnesses at the meeting.
j.
The designated area superintendent will explain that no cross-examination of any party or witness shall be allowed during the meeting. All remarks and questions from parties present must be directed only to the designated superintendent hearing the representation.
k.
The sequence of the meeting shall be: i. Reading of the principal’s written statement, which may reference any evidence or statements from witnesses or other relevant documentation; ii. Reading of the instructional services supervisor’s written statement where appropriate; iii. Invitation of the chair for the principal and instructional services supervisor to review the contents of the binder provided to all participants attending the hearing; iv. Written and oral presentation by the parents/legal guardians/student or their presenters, including any evidence by witnesses, where appropriate; v. Administration’s opportunity for response to the parents/legal guardians/student presentation; vi. Parent/legal guardians/student opportunity for response to the administration’s presentation;
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vii. viii. ix. x.
The designated area superintendent’s opportunity to ask questions of both parties and any of their witnesses or presenters for clarification; Administration’s opportunity to make final comments; and The parent/legal guardians/student opportunity to make final comments; The designated superintendent will review next steps and timelines with all parties prior to declaring the hearing is concluded.
l.
If additional information is received or is required to be received by the designated area superintendent after the representation meeting, then the designated area superintendent shall notify and reconvene all persons who were present at the representation meeting to allow any further submissions to be made concerning the additional information received or required to be received, prior to making any decision in the matter. If additional information is required or requested by the designated area superintendent during the meeting, but it is not readily available, the designated area superintendent may request a recess, or if necessary, an adjournment of the meeting to a later date.
m.
In the case of a recess or an adjournment, no discussion whatsoever of the members of administration and the parents/legal guardians/students, until the meeting is reconvened.
n.
Following the presentation of the information as outlined above, all persons shall leave the room, and the designated superintendent shall subsequently deliberate in private without assistance from administration.
o.
The designated superintendent may at any time, call upon legal advisors to assist on points of law, and with the drafting of a letter to the parents/legal guardians/student, after the designated superintendent has made his or her decision.
2.
In hearing representations, the designated superintendent shall focus on the following questions: a. Has the student displayed an attitude of willful, blatant and repeated refusal to comply with the School Act (section 12) or conducted him/herself in a manner injurious to the physical or mental well-being of the school? b. Have the district processes related to suspension and expulsion been implemented? c. Has a thorough investigation of the event been conducted by the principal and/or district personnel? d. Is there every assurance that the facts of the event have been determined to be accurate? e. Is there a firm conviction that the student’s act is a serious violation and warrants expulsion as outlined in the School Act (section 12, 24 and 25) and the district regulations referencing unacceptable student conduct?
3.
The designated superintendent may re-enroll a student who has been expelled and may impose specific criteria and conditions related to the student’s re-enrolment (School Act, Sections 25, 45)
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F.
Student record
1.
Information about any suspension of more than one day or expulsion relating to the student or the student’s rights pursuant to the School Act, must be recorded and retained on the student record for a minimum period of one (1) year, and a maximum period of three (3) years, following the date of the suspension or expulsion, after which the information must be removed from the student’s record. The suspension information must be removed at the end of the current school year in the cumulative record file.
Approval Date:
April 12, 2016
Policy Reference:
EL-8 Treatment of Students and Parents (1.1) (1.5) (2) (3) (4) District Vision Reference: Faith, Relationships, Excellence in Teaching and Learning
Legal Reference:
School Act, ss. 12, 24, 25, 27(1) (a) (b) (c), 45, _ 60(1) (e), 124(1) (d) (3) Alberta Regulation 225/2006
Other Reference: School Administrators' Handbook http://intranet/default.asp?V_ITEM_ID=681
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