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Expulsion Process and Procedure

Expulsion Process and Procedure. Attorneys: Matt Giesfeldt & Rick Jones. Step 1.a: Did the school allege that the student committed an act prohibited in Wis. Stat. § 120.13(1)(c)1.?

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Expulsion Process and Procedure

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  1. Expulsion ProcessandProcedure Attorneys: Matt Giesfeldt & Rick Jones

  2. Step 1.a: Did the school allege that the student committed an act prohibited in Wis. Stat. § 120.13(1)(c)1.? • (repeated refusal or neglect to obey rules; threats re: explosives; endangered health, safety, property threatened to endanger health, safety, property)

  3. Step 2: Did the school allege that the interest of the school demands the student’s expulsion? Wis. Stat. § 120.13(1)(c)1. and 2.

  4. Step 3.a: School shall commence a hearing before expelling the student. Hearing may be closed. Student may be represented at hearing. Adjudicator may be hearing examiner or school board. School board has discretion to expel student if all allegations found to be true. Wis. Stat. § 120.13(1)(c)1., 2., and 3.

  5. Step 2.5: If the general education student requests a special education evaluation during the pendency of an expulsion hearing, the school may proceed with the expulsion pending the results of that evaluation. If the student is ultimately determined to be a student with a disability, and the disability was a substantial factor in the behavior, then the student must return to school. 20 USC  § 1415(k)(5)(D)(ii) (see special education expulsion process)

  6. Step 1.b: Did the school allege that the student committed an act prohibited in Wis. Stat. § 120.13(1)(c)2.? (repeatedly disrupted ability of school authorities to maintain order/educational atmosphere; and student is at least 16 years old)

  7. Step 2: Did the school allege that the interest of the school demands the student’s expulsion? Wis. Stat. § 120.13(1)(c)1. and 2.

  8. Step 3.a: School shall commence a hearing before expelling the student. Hearing may be closed. Student may be represented at hearing. Adjudicator may be hearing examiner or school board. School board has discretion to expel student if all allegations found to be true. Wis. Stat. § 120.13(1)(c)1., 2., and 3.

  9. Step 2.5: If the general education student requests a special education evaluation during the pendency of an expulsion hearing, the school may proceed with the expulsion pending the results of that evaluation. If the student is ultimately determined to be a student with a disability, and the disability was a substantial factor in the behavior, then the student must return to school. 20 USC  § 1415(k)(5)(D)(ii) (see special education expulsion process)

  10. Step 1.c: Did the school allege that the student committed an act prohibited in Wis. Stat. § 120.13(1)(c)2m.? (possessed a firearm)

  11. Step 3.b: School shall commence a hearing before expelling the student. Hearing may be closed. Student may be represented at hearing. Adjudicator may be hearing examiner or school board. School board must expel student for not less than one year if all allegations found to be true. Wis. Stat. § 120.13(1)(c)2m. and 3. Wis. Stat. § 120.13(1)(c)3.

  12. Step 2.5: If the general education student requests a special education evaluation during the pendency of an expulsion hearing, the school may proceed with the expulsion pending the results of that evaluation. If the student is ultimately determined to be a student with a disability, and the disability was a substantial factor in the behavior, then the student must return to school. 20 USC  § 1415(k)(5)(D)(ii) (see special education expulsion process)

  13. Did the school go through steps 1 and 2 of the General Education Expulsion process?

  14. Does the student have an IEP? Was the IEP in place prior to the alleged behavior?

  15. Did the school have knowledge* that the student could have been a student with a disability prior to the alleged behavior? *Knowledge = written request by parents or teacher/school staff expressed concerns. 20 USC § 1415 (k)(5)

  16. Student may request IEP evaluation. Did the student request the evaluation?

  17. Is the student a student with a disability as determined by evaluation and IEP team?

  18. Proceed to Step 3 of the General Education Expulsion Process (with Step 2.5 as applicable)

  19. Did the school have knowledge* that the student could have been a student with a disability prior to the alleged behavior? *Knowledge = written request by parents or teacher/school staff expressed concerns. 20 USC § 1415 (k)(5)

  20. Proceed to Step 3 of the General Education Expulsion Process (with Step 2.5 as applicable)

  21. Did the IEP team convene and determine that the behavior was a manifestation* of the student’s disability or by the school’s failure to implement the IEP? Manifestation Determination must be made within 10 days of alleged behavior. *Manifestation = caused by or substantially related to 20 USC § 1415 (k)(1)(E)

  22. The student may not be expelled, but the school shall conduct a behavioral assessment and may change placement of the child. Alternatively, the school may remove the child for up to 45 days regardless of manifestation determination if the child possessed a weapon, caused serious bodily harm, or possessed or used illegal drugs. 20 USC § 1415 (k)(1)(E) & Wis. Stat. § 118.164.

  23. Proceed to Step 3 of the General Education Expulsion Process (with Step 2.5 as applicable)

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