I.24 EXPULSION
Policy:
In accordance with the Public Schools Act, any student, who upon investigation by the Board of Trustees, is found to be guilty of conduct injurious to the welfare of other students or staff may be expelled.
Protocol
1. School boards must ensure that a student’s special needs, if any, are taken into account when deciding to expel a student.
2. A parent or guardian has the right to accompany his or her child and assist him or her to make representations to the school board before a decision is made to expel the child.
3. The expelled student may not attend any school operated by the school division until such time as the board rescinds the expulsion.
4. Despite being expelled, a school board must ensure that educational programming is made available to a person under the age of 16 who is otherwise entitled to attend a school in the division as set out in Section 259 of the Public Schools Act. Educational programming may include an alternative program, a formalized home study arrangement or other accommodations.
5. If a school board expels a student who is16 and over, the board’s responsibility for educating the student ends upon commencement of the expulsion and the board is not legally obligated to provide any sort of alternative programming.
Procedure
1. The Principal shall recommend expulsion on the basis that the student’s conduct is so unmanageable that his/her presence is injurious to the physical or mental well-being of others in the school and on the basis that other disciplinary measures, including suspension, are appropriate or have been exhausted (unless extreme circumstances require immediate and serious action).
2. The principal shall discuss the recommendation for expulsion with the Superintendent & CEO.
3. The Superintendent & CEO will consider the recommendation and examine all relevant records and make a decision whether or not to support the principal’s recommendation for expulsion. The Superintendent & CEO may review the facts with other appropriate personnel.
In those cases in which the Superintendent & CEO supports the recommendation for expulsion:
1. The Superintendent & CEO shall arrange for delivery of a letter of notification to the student and parent/guardian and informing them of their right to make a presentation to the school board before a decision is made to expel.
2. The Superintendent & CEO will proceed to have the recommendation for expulsion presented to the Board at the earliest possible time and confirm the date and time of the hearing (if requested) which will be conducted during an in-camera session of the Board.
3. Notwithstanding that the student’s expulsion hearing may still be pending, the student may be suspended from school, either by the principal or by the Superintendent & CEO(for a maximum of six weeks) from the date of the initial recommendation to expel until the date of the presentation to the Board.
4. Expulsion will be by resolution of the Board.
5. Written application for re-entry shall be prepared by the parent/guardian and submitted to the Superintendent & CEO, who will then make arrangements for a presentation to the Board.
6. The principal may establish conditions for re-entry, including a requirement that the school develop an Individual Education Plan or Behaviour Intervention Plan on behalf of the student.
7. Re-instatement will be by resolution of the Board.
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