A student who knowingly and seriously violates rules of student conduct may be subject to suspension or expulsion from school.
With due process of law, a student may be suspended or expelled from public school during the school year on the following grounds:
1. Continued willful disobedience or open and persistent defiance of school personnel.
2. Willful destruction or defacing of school property.
3. Torturing, tormenting or abusing a student or in any way mistreating fellow students or a teacher with physical violence.
4. Any other behavior, which, in the judgment of the Board, is clearly detrimental to the welfare, safety or morals of other students.
The Board may suspend any child for any of the reasons enumerated above. The Board delegates authority to the principals and the superintendent to suspend any student from school for a period not to exceed 10 days.
In all cases of suspension, the disciplinarian (principal, superintendent and/or Board of Trustees) shall give the student to be suspended oral or written notice of the charges against him and an explanation of the evidence the authorities have. The disciplinarian shall give the student to be suspended an opportunity to be heard and to present his version of the charges against him as soon as possible after the alleged misconduct. No student shall be removed from school without such notice and opportunity to be heard, unless the student’s presence in school endangers persons or property or threatens disruption of the academic process, in which case, his immediate removal from school may be justified. However, the opportunity to be heard shall not follow as soon as practicable and no later than 72 hours after his removal, not counting Saturdays and Sundays.
Written notice of suspension shall be sent to the student’s parents, guardians or custodians within 24 hours after the decision to suspend has been made.
Suspension for more than 10 days may not be imposed on any pupil by any disciplinarian, including the Board of trustees, without offering the student and parents, guardians or custodians an opportunity for a hearing. If a hearing is requested, it shall be held in conformance with Board policy pertaining to hearings under the "Wyoming Administrative Procedures Act" (see policy BDE, Special Procedures for Conducting Hearings). No suspension shall be for longer than one school year.
Procedures for suspension: For offenses other than truancy and dangerous situations requiring immediate removal of the student from school, the principal shall notify the parents before the suspension is imposed, if possible. Parents shall be asked to come in for a conference. If the suspension is imposed following the conference, the parents shall be sent a formal, written notice of suspension immediately, in the form of a registered letter marked for return receipt and delivery to addressee only. A second conference may be required before the student is readmitted to school.
In cases necessitating immediate removal of the student from school and in cases of truancy, the suspension will be imposed and the parents notified orally at once. Written notification shall be as above. A conference will be required before the student may be readmitted.
Only the Board may expel a student from school. No expulsion shall be for longer than one school year.
Expulsion may be ordered for a student who has committed very serious offenses against school rules as listed above. The Board may expel a child from school only after the pupil and parents or guardian have had an opportunity for a hearing, if requested, in accordance with the Wyoming Administrative Procedures Act. The procedures for notification to parents will be the same as those for suspension above.
Additional Provisions Regarding Suspension/Expulsion
By law, suspension or expulsion may not be imposed as an additional punishment for offenses punishable under the laws of the state unless the offense was committed at a school function or is of such nature that continuation of the child in school would clearly be detrimental to the welfare, safety or morals of other pupils. No suspension or expulsion shall be for longer than one school year.
Any decision by the Board to suspend or expel shall be considered a final decision, which may be appealed to the District Court of Uinta County. The Court may, on application or on its own motion, stay the decision of the Board pending appeal, as the best interest of the child may appear.
Current practice codified 1978
Policy Cross References: