ELMWOOD

A. Development of Uniform Discipline System. It shall be the responsibility of the Superintendent to develop and maintain a system of uniform discipline. The discipline which may be imposed includes actions which are determined to be reasonably necessary to aid the student, to further school purposes, or to prevent interference with the educational process, such as (without limitation) counseling and warning students, parent contacts and parent conferences, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling upon written consent of the parent or guardian, or in-school suspension. The discipline may also include out-of-school suspension (short-term or long-term) and expulsion.

1. Short-Term Suspension

a. Students may be excluded by the principal or designee from school or any school function for a period of up to five school days (short-term suspension) on the following grounds:

(1) Conduct constituting grounds for expulsion as hereinafter set forth; or

(2) Other violations of rules and standards of behavior adopted by the Elmwood-Murdock Public Schools Board of Education or the administrative or teaching staff of the school, which occur on or off school grounds, if such conduct interferes with school purposes or there is a nexus between such conduct and school.

b. The following process will apply to short-term suspension:

(1) The principal or designee shall make a reasonable investigation of the facts and circumstances. In addition, such short-term suspension shall be made only after a determination that the suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.

(2) Prior to commencement of the short-term suspension, the student shall be given oral or written notice of the charges against the student. The student shall be advised of what the student is accused of having done, and the basis of the accusation, and an explanation of the evidence the authorities have.

(3) The student shall be afforded an opportunity to explain the student's version of the facts to the person effecting the short-term suspension.

(4) Within 24 hours or such additional time as is reasonably necessary following the suspension, the principal or administrator shall send a written statement to the student, and the student's parent or guardian, describing the student's conduct, misconduct or violation of the rule or standard and the reasons for the action taken. An opportunity shall be afforded to the student, and the student's parent or guardian, to have a conference with regard to the matter with the principal or administrator ordering the short-term suspension before or at the time the student returns to school. The principal or administrator shall determine who in addition to the parent or guardian shall attend the conference.

2. Long-Term Suspension

Students may be excluded by the principal or designee from school or any school function for a period of six school days but less then twenty school days on (long-term suspension) the conduct constituting grounds for expulsion as hereinafter set forth. The process for long-term suspension is hereinafter set forth.

3. Expulsion

a. Defined. Expulsion shall mean exclusion from attendance in all schools, grounds and activities of or within the system for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year, or (c) unless the expulsion is for conduct specified in Paragraph 4d, in which case the expulsion shall remain in effect for the period specified therein. Such action may be modified or terminated by the school district at any time during the expulsion period.

b. Summer Review. Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by the hearing officer who conducted the initial expulsion hearing, or a hearing officer appointed by the Superintendent in the event no hearing was previously held or the initial hearing officer is no longer available or willing to serve, after the hearing officer has given notice of the review to the student and the student's parent or guardian. This review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to a recommendation by the hearing officer that the student be readmitted for the upcoming school year. If the school board or board of education or a committee of such board took the final action to expel the student, the student may be readmitted only by action of the board. Otherwise the student may be readmitted by action of the superintendent.

c. Suspension of Enforcement. Enforcement of an expulsion action may be suspended (i.e., "stayed") for a period of not more than one full semester in addition to the balance of the semester in which the expulsion takes effect, and as a condition of such suspended action, the student may be assigned to a school, class, or program which the school district deems appropriate for rehabilitation of the student. In lieu of other authorized educational programs to which the student may be assigned, such school, class, or program may be offered as a community-centered classroom and may include experiences for the student as an observer or aide in governmental functions, as an on-the-job trainee, and as a participant in specialized tutorial experiences or individually prescribed educational and counseling programs. Such programs shall include an individualized learning program to enable the student to continue academic work for credit toward graduation. At the conclusion of the designated period: (1) if the student has satisfactorily participated in the school, class, or program to which such student has been assigned the student shall be reinstated and permitted to return to the school of former attendance or to attend other programs offered by the district, and action to expunge the record of the expulsion action may be taken at the discretion of the superintendent or his or her designee, or (2) if the student' conduct has been unsatisfactory, the expulsion action shall be enforced. The determination of whether the students' participation and conduct has been satisfactory or not shall be made by the director of student services or his/her administrative assistant.

d. Students Subject to Juvenile or Court Probation. Prior to the readmission to school of any student who is less than nineteen years of age and who is subject to the supervision of a juvenile probation officer or an adult probation officer pursuant to the order of the District Court, County Court, or Juvenile Court, who chooses to meet conditions of probation by attending school, and who has previously been expelled from school, the director of student services or designee shall meet with the student's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school (including conduct on school grounds and conduct during an educational function or event off school grounds) as well as educational objectives that must be achieved. If the guidelines, consequences, and objectives provided by the director of student services or designee are agreed to by the probation officer and the student, and the court permits the student to return to school under the agreed to conditions, the student may be permitted to return to school. The student shall, upon such return, be screened by the school for possible disabilities and, if the screening so indicates, be referred for evaluation for possible placement in a special education program. The student may be expelled or otherwise disciplined for subsequent conduct as provided in Board policy and state statute.

4. Grounds for Short-Term Suspension, Long-Term Suspension, Expulsion or Mandatory Reassignment

a. The following types of student conduct shall constitute grounds for short-term suspension, long-term suspension, and expulsion or mandatory reassignment, when such activity occurs on school grounds or during an educational function or event off school grounds, or in a school owned or utilized vehicle being used for school purposes or at a school sponsored activity or athletic event.

(1) Willfully disobeying any reasonable written or oral request of a school staff member, or the voicing of disrespect to those in authority.

(2) Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a substantial interference with school purposes.

(3) Sexual assault or attempting to sexually assault any person.

(4) Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property.

(5) Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to any student.

(6) Threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value from such student.

(7) Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon.

(8) Engaging in the selling, using, possessing or dispensing of alcoholic beverages, tobacco, narcotics, drugs, controlled substance, inhalant or being under the influence of any of the above; or possession of drug paraphernalia.

(9) Engaging in the selling, using, possessing, or dispensing of an imitation controlled substance as defined in section 28-401, of the Nebraska statutes, or material represented to be alcoholic beverages, narcotics, drugs, controlled substance or inhalant.

(10) Truancy or failure to attend assigned classes or assigned activities.

(11) Tardiness to school, assigned classes or assigned activities.

(12) The use of language, written or oral, or conduct, including gestures, which is profane or abusive to students or staff members. Profane or abusive language or conduct includes, but is not limited to, that which is commonly understood and intended to be derogatory toward a group or individual based upon race, gender, national origin, or religion.

(13) Public indecency.

(14) Repeated violation of any of the school rules.

(15) Engaging in any unlawful activity as determined by the laws of the United States or the State of Nebraska.

(16) Dressing in a manner wherein such dress is dangerous to the student's health and safety or to the health and safety of others or is distractive or indecent to the extent that it interferes with the learning and educational process.

(17) Willfully violating the behavioral expectations for those students riding Elmwood-Murdock Public Schools buses.

b. In addition a student may be suspended (short-term or long-term), expelled, or mandatorily reassigned for sexual assault or attempted sexual assault of any person regardless of the time or location of the offense if a complaint alleging such conduct is filed in a court of competent jurisdiction.

c. In addition, a student who engages in the following conduct on school grounds or during an educational function or event off school grounds:

(1) the knowing and intentional use of force in causing or attempting to cause personal injury to a school employee, school volunteer, or student, except if caused by accident, self-defense, or on the reasonable belief that the force used was necessary to protect some other person and the extent of force used was reasonably believed to be necessary, or

(2) the knowing and intentional possession, use, or transmission of a firearm or other dangerous weapon, shall be expelled for the remainder of the school year in which it took effect if the misconduct occurs during the first semester, and if the expulsion for such conduct takes place during the second semester, the expulsion shall remain in effect for the first semester of the following school year. Such action may be modified or terminated by the school district at any time during the expulsion period.

d. In addition, if the student is determined to have brought a firearm to school, the student shall be expelled from school for a period of not less than one year. The Superintendent may modify such one year expulsion requirement on a case-by-case basis.

e. Bringing a firearm or other dangerous weapon to school for any reason is discouraged; however, a student will not be subject to disciplinary action if he/she brings such item to school under the following conditions:

(1) Prior written permission to bring the firearm or other dangerous weapon to school shall be obtained from the student's teacher, building administrator and parent.

(2) The purpose of having the firearm or other dangerous weapon in school shall be for a legitimate educational function.

(3) A plan for its transportation into and from the school, its storage while in the school building and how it will be displayed shall have prior written approval by the teacher and building administrator. Such plan shall require that such item will be in the possession of an adult staff member at all times except for such times as is necessary to fulfill the educational function.

(4) The firearm or other dangerous weapon shall be in an inoperable condition while it is on school grounds.

(5) A student who brings a firearm or other dangerous weapon to school without having complied with the above conditions shall be subject to disciplinary action.

5. Procedures for Long-Term Suspension, Expulsion or Mandatory Reassignment

The following procedures shall be followed with regard to any long-term suspension, expulsion or mandatory reassignment.

a. The principal shall prepare a written summary of the alleged violation and the evidence supporting the alleged violation with the superintendent or his or her designee.

b. If the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers, and a notice of intent to discipline the student by long-term suspension, expulsion, or mandatory reassignment is filed with the superintendent or his or her designee, the student may be suspended by the principal until the date the long-term suspension, expulsion, or mandatory reassignment takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes the report of his or her findings and a recommendation of the action to be taken to the superintendent.

c. The principal or his or her designee shall serve by registered or certified mail or by personal service the student and the student's parents or guardian with a written notice within two school days of the date of the decision to recommend long-term suspension or expulsion. Said notice shall include the following:

(1) The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for long-term suspension or expulsion including a summary of the evidence to be presented against the student as submitted by the principal or assistant principal.

(2) The penalties to which the student may be subjected and the penalty which the principal, or his or her designee has recommended in the charge.

(3) A statement explaining the student's right to a hearing upon request on the specified charges.

(4) A description of the hearing procedures provided by these policies along with procedures for appealing any decision rendered at the hearing.

(5) A statement that the administrative representative, legal counsel for school, the student, the student's parents, or the student's representative or guardian shall have the right to examine the student's academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct, and the right to know the identity of the witnesses to appear at the hearing and the substance of their testimony.

(6) A form or a request for hearing to be signed by such parties and delivered to the principal or his or her designee in person or by registered or certified mail.

d. Nothing in this policy shall preclude the student, student's parents, guardian or representative from discussing and settling the matter with appropriate school personnel prior to the hearing stage.

e. In the event that the principal has not received a request for hearing within five school days following receipt of the written notice, the punishment recommended in the charge by the principal, or his or her designee shall automatically go into effect.

f. If a hearing is requested more than five school days following the actual receipt of the written notice, but not more than thirty calendar days after actual receipt, the student shall be entitled to a hearing but the punishment imposed may continue in effect pending final determination.

g. If a request for hearing is not received within thirty calendar days following the mailing or delivery of the written notice, the student shall not be entitled to a hearing.

h. In the event that a hearing is required to be provided, the superintendent shall appoint a hearing officer.

Hearing Procedure:

a. Hearing Officer. The hearing officer shall be any person designated by the superintendent. The hearing officer shall be an individual who has had no involvement in the charge, will not be a witness at the hearing and who has not brought the charges against the student. It shall be the duty of the hearing officer to remain impartial throughout all deliberations. The hearing officer shall be available prior to any hearing held pursuant to this policy to answer any questions the administrative representative, the student, the student's parents, or guardian, may have regarding the nature and conduct of the hearing.

b. Administrative Representative. The principal may appoint an administrative representative to present the facts and evidence. Such administrative representative may be an attorney or may be represented by an attorney, but any such attorney shall not advise the hearing office or parties who may review the proceedings as their counsel.

c. Notice of Hearing. If a hearing is requested within five school days of receipt of the notice, the hearing officer shall, within two school days after being appointed, give written notice to the administrative representative, and the student, the student's parents or guardian of the time and place for the hearing. The hearing shall be scheduled within a period of five school days after it is requested. No hearing shall be held upon less than two school days' actual notice to the administrative representative, and the student, the student's parents, or guardian, except with the consent of all of the parties.

d. Continuance. Upon written request of the student or the student's parents or guardian, the hearing officer shall have the discretionary authority to continue from time to time the hearing. In addition, the hearing officer may continue the hearing upon any good cause.

e. Access to Records. The administrative representative, the student, the student's parent or guardian and the legal counsel of the student shall have the right to examine the records and affidavits and the statements of any witnesses in the possession of the Elmwood-Murdock Public Schools Board of Education at any reasonable time prior to the hearing.

f. Hearing Procedure. The hearing shall be attended by the hearing officer, the student, the student's parents, or guardian, the student's representative if any, and the administrative representative. Witnesses shall be present only when they are giving information at the hearing or with the consent of both parties. The student may be excluded at the discretion of the hearing officer at times when the student's psychological evaluation or emotional problems are being discussed. The student or the student's parents or guardian or both may be represented by legal counsel. The hearing examiner may exclude anyone from the hearing when his/her actions substantially disrupt an orderly hearing. The formal rules of evidence shall not apply at the hearing. The administrative representative shall present to the hearing officer statements, in affidavit form, of any person having information about the student's conduct and the student's records, but not unless such statements and records have been made available to the student, the student's parents, guardian or representative prior to the hearing. The information contained in such records shall be explained and interpreted prior to or at the hearing to the student, parents or guardian, or representative at their request, by appropriate school personnel. The student, the student's parents, guardian, or representative, the administrative representative or the hearing officer may ask witnesses to testify at the hearing. Such testimony shall be under oath and the hearing officer shall be authorized to administer the oath. The student, parent, guardian, or representative, administrative representative, or the hearing officer shall have the right to question any witness giving information at the hearing, the student may testify in his/her own defense in which case he/she shall be subject to cross-examination nor will any conclusion be drawn therefrom. Any person giving evidence by written statement or in person at a hearing shall be given the same immunity from liability as a person testifying in a court case. A single hearing may be conducted for more than one student if in the discretion of the hearing examiner a single hearing is not likely to result in confusion or prejudice to the interest of any of the students involved.

If during the conduct of such a hearing, the hearing examiner concludes that any of such student's interests will be substantially prejudiced by a group hearing, or that confusion is resulting, the hearing examiner may order a separate hearing for each or any of said students.

g. Availability of Witnesses. The hearing officer will have the authority to subpoena any witnesses to the hearing and shall make reasonable efforts to assist in obtaining the attendance of any witnesses requested by the student, student's parents or guardian or their legal representative.

h. Record. The proceedings of the hearing shall be recorded at the expense of the school district.

i. Findings. Within a reasonable time after the conclusion of the hearing, the hearing officer shall prepare and submit to the superintendent of schools his/her written findings and recommendation as to disposition. This report shall explain, in terms of the needs of both the student and the school board, the reasons for the particular action recommended. Such recommendation may range from no action, through the entire field of counseling, to long-term suspension, expulsion, or mandatory reassignment.

j. Review by Superintendent. The superintendent of schools shall review the findings and recommendations of the hearing officer and in his/her discretion may also review any of the facts and evidence presented at the hearing and based upon such report and the facts shall determine the sanctions to be imposed. However, the superintendent may not impose a more severe sanction than that imposed by the hearing officer.

k. Notice of Determination. Written notice of the findings and recommendations of the hearing officer and the determination of the superintendent of schools shall be made by certified registered mail or by personal delivery to the student, the student's parents or guardian. Upon receipt of such written notice by the student and/or parents and guardian, the determination of the superintendent shall take immediate effect.

l. Appeal to Board. The student, student's parents or guardian may, within seven school days following the receipt of the superintendent's decision, submit to the superintendent of schools a written request for a hearing before the Elmwood-Murdock Public Schools Board of Education.

m. Review by Elmwood-Murdock Public Schools Board of Education. Upon receipt of the request for review of the superintendent's determination, the Elmwood-Murdock Public Schools Board of Education or a committee of not less than three members shall, within ten school days, hold a hearing on the matter. Such hearing shall be made on the record except that the board may admit new or additional evidence to avoid substantial threat of unfairness. Such new evidence shall be recorded. The Board of Education or committee thereof may withdraw to deliberate privately upon the record and new evidence. Any such deliberation shall be held in the presence only of board members in attendance at the appeal proceeding, but may be held in the presence of legal counsel who has not previously acted as the administrative representative in presenting the school's case before the hearing officer. If any questions arise during such deliberations which require additional evidence, the Board of Education or committee thereof may require the hearing to receive such evidence, subject to the right of all parties to be present. A record of any such new or additional evidence shall be made and shall be considered as a part of the record and based upon the evidence presented at the hearing before the hearing officer, and such new or additional evidence, the Board of Education or the committee shall make a final disposition of the matter. The board may alter the superintendent's disposition of the case if it finds his/her decision to be too severe, but it may not impose a more severe sanction. A designated method of giving notice by the Board of Education or committee thereof, if required, for any Board review shall be by posting on the schoolhouse door.

The final decision of board shall be delivered to the student and parents or legal guardian of the student by personally delivering the same or by mailing the same by certified or registered mail.

Tim Allemang	Bruce Friedrich
JH/HS Principal	Elementary Principal