POLICY TITLE: Expulsion POLICY NO:

502.25
Minidoka County Joint School District # 331 PAGE 1 of 10

The Board recognizes the necessity of fair and judicious rules and guidelines to aid in the
positive conduct of students resulting in the benefit of all students. As described herein, the
Board authorizes its Superintendent, the Principal or designee, of any school to detain or
temporarily suspend any student for disciplinary reasons or for other conduct disruptive of good
order or of the instructional effectiveness of the school. In addition it is intended that this policy
is to cover the student’s entire contact with the school system. This would include but not be
limited to all school district provided transportation and time on any campus which includes the
regular school day as well as school sponsored activities.
Pursuant to the guidelines established herein, the Board of Trustees may deny
attendance/participation at any of its schools by expulsion of any student who is an habitual
truant, or who is incorrigible, or whose conduct, in the judgment of the board, is such as to be
continuously disruptive of school discipline, or of the instructional effectiveness of the school, or
whose presence in the school is detrimental to the health and safety of other students.
This policy also provides for a District Hearing Committee to review all Principal
recommendations for expulsion to submit them to appropriate court officials and authorizes those
deemed needed by this committee to be filed for and in behalf of the Board of Trustees.
Any student recommended for expulsion by the Superintendent or designee, upon prior
recommendation by the respective building Principal, shall be granted a formal hearing by the
District Hearing Committee. After the hearing and when determined by the District Hearing
Committee that a student should be recommended for expulsion from the schools of the district
pursuant to provisions of Idaho Code 33-205 as outlined in paragraph 2 above, the Board of
Trustees grants by policy its authority for the District Hearing Committee to so notify the student
of its determination. Such action by the District Hearing Committee will be reviewed by the
Board of Trustees at the next regular or special meeting to assure official notice is placed in the
minutes of the Board. The Board of Trustees may accept, reject or modify the Committees
decision.
A. Definitions
As utilized herein, certain terms are defined as follows:
1. "Suspension" means the temporary exclusion from school and school activities for
disciplinary reasons by the Superintendent, Principal, or their designee, as per Idaho
Code 33-205. The Board may authorize additional suspension days as per Idaho Code 33-
205.
2. "Expulsion" means the termination of all services provided by the district to a student and
the denial of attendance by the student in a school in the district until the commencement
of the subsequent academic year or as otherwise provided by law, except, that if the
student had been expelled under the provisions of the Gun Free Schools Policy, he/she
may not re-enter for a period of 365 days after the Board's expulsion. Any student

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expelled is also precluded from riding on school transportation vehicles, being on school
property or attending any school sponsored activity during the term of the expulsion.
3. "Informal hearing" is an informal meeting between the student, the student's legal
guardian if they are immediately available, and the Superintendent, Principal or designee
proposing the suspension and/or expulsion. At the informal hearing, the student shall be
orally or in writing advised of the accusation made against the student. At this meeting,
the student shall be given the opportunity to respond to the allegations and state the
student's position regarding any proposed suspension.
4. "Formal hearing" is a hearing before the Board of Trustees and/or the District Hearing
Committee of the school district pursuant to written notice to the parent or guardian of
the student, which notice state the grounds for any proposed expulsion and the time and
place where such parent or guardian may appear to contest the action of the Board and/or
District Hearing Committee to deny school attendance, and which notice shall also state
the rights of the student to be represented by counsel, to produce witnesses and submit
evidence on its own behalf, and to cross-examine any adult witnesses who may appear
against him/her.
5. "District Hearing Committee" is the legal arm of the Board of Trustees empowered to
conduct formal hearings, for, and in behalf of, the Board of Trustees for students
recommended for expulsion. Such committee will be comprised of five members, to wit:
2) A Secondary School Teacher or approved alternate
3) An Elementary School Teacher or approved alternate
4) A School Counselor or approved alternate
5) A Special Services Representative or approved alternate
1) A School Administrator or his/her approved alternate
Committee members shall be empowered by the Board of Trustees by official action
taken during the course of a regular School Board Meeting. The term of office shall be
one year, subject to a second term by Board of Trustee action. A majority of three (3) will
be considered a quorum and able to transact any hearing. No committee member shall
have been associated with the disciplinary action. If the committee member has been
associated with the disciplinary action he/she shall appoint an appropriate designee.

B. Grounds for Expulsion

1. During a single school year, the commission of any acts, while the student is engaged in
any school activity or is on school grounds, which would constitute a felony if committed
by an adult, may justify expulsion. For illustrative purposes, the following acts constitute
felony level offenses:
a. Theft of property valued at more than $150 (Idaho Code Section18-2407).

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b. Malicious injury to property where the value of damage exceeds $1,000(Idaho

Code Section 18-7001).
c. Aggravated assault (Idaho Code Section 18- 905).
d. Aggravated battery (Idaho Code Section 18- 907).
e. Possession of controlled substances (Idaho Code Section 37-2732),including the
possession of marijuana in an amount less than three (3)ounces, a misdemeanor.

2. During a single school year the commission of any act, or combination of acts while the
student is engaged in any school activity or is on school grounds, may justify expulsion:
a. Violates the provisions of the Gun Free Schools Policy.
b. Exhibits incorrigible behavior.
c. Continuously disrupts school discipline
d. Initiates aggressive physical violence toward other person(s) regardless of
whether other person(s) verbally or visually provided provocation. Physical
activities (P.E. and athletic activities) which are sanctioned by the school district
are exempted from this expulsion provision.
e. Possesses controlled substances. (I.C. 37-2732)
f. Possession of a knife or any weapon as defined in District Policy No. 502.41
g. Acts in a manner which is detrimental to the health and safety of other students
and/or staff.
In addition to the foregoing, the possession or use of tobacco and/or alcohol may also
constitute grounds for expulsion.
Provisions:
The following provisions govern Expulsion:
1. Upon receiving a request for the expulsion of a student, the Board of Trustees shall
immediately give written notice to the parent or guardian of the pupil by registered mail
or by direct delivery, return receipt requested, which notice shall state the grounds for the
proposed expulsion and the time and place where such parent or guardian may appear to
contest the action of the Board to deny school attendance, and which notice shall also
state the rights of the pupil to be represented by counsel, to produce witnesses and submit
evidence on his/her own behalf, and to cross examine any adult witnesses who may
appear against him/her. Such notice shall be substantially in form and content with the
attached "notice of proposed expulsion".
2. Within a reasonable period of time following such notification, the Board of Trustees
shall grant the student and his/her parents or guardian a full and fair hearing on the

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proposed expulsion. The Board of Trustees shall allow a reasonable period of time
between such notification and the holding of such hearing to allow the student and his/her
parents or guardians to prepare their responses to the charge.
3. In the event, after the hearing, the Board of Trustees through it's District Hearing
Committee decided to expel the student, the District Hearing Committee shall file it's
recommendation to the Board as per the attached findings, conclusions and
recommendation form. The Superintendent shall notify the parents or legal guardian of
the student by registered mail, return receipt requested, of the following:
a. The Board of Trustees and/or its District Hearing Committees decision on the
expulsion hearing.
b. Any further action to be taken by an authorized representative of the Board.
4. In the event, after a full hearing, the Board of Trustees and/or its District Hearing
Committee renders a decision not to expel the student, the student may return to school
immediately and/or be subject to such probationary terms as may be prescribed by the
Board of Trustees and/or the District Hearing Committee as a condition of the student's
return to school.

C. GROUNDS FOR SUSPENSION

1. During a single school year, the commission of any acts while the student is engaged in
any school activity or is on school grounds, which would constitute a misdemeanor if
committed by an adult, shall be grounds for suspension. Any second or subsequent
commission of such an act shall be grounds to initiate expulsion proceedings; provided
however, that suspension shall be imposed prior to the initiation of expulsion
proceedings. For illustrative purposes, the following acts constitute misdemeanor level
offenses:
a. Theft of property valued at less than $150.00 (Idaho Code Section 18-2407).
b. Malicious injury to property where the value of the damage is less than $1,000
(Idaho Code Section 18-7001).
c. Simple assault (Idaho Code Section 18- 901).
d. Simple battery (Idaho Code section 18- 903).
e. Trespass on school property (Idaho Code Section 18-7008).
f. Injury by graffiti (Idaho Code Section 18- 7036).
g. Disturbing the peace (Idaho Code Section 18-6409).
h. Use or possession of any tobacco product (Idaho Code Section18-1502).
i. Use or possession of alcohol (Idaho Code Section 18-1502).

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2. During a single school year, the commission of any act while the student is engaged in
any school activity or is on school grounds, not amounting to a felony or misdemeanor,
which violates any duly adopted written discipline policy of the Board of Trustees, or any
written discipline policy of the Superintendent or Principal of any school, may be
grounds for suspension or detention. Any second or subsequent commission of such an
act shall be grounds for suspension. Any third or subsequent commission of such an act
may be grounds for expulsion; provided however, that suspension shall be utilized prior
to the initiation of the expulsion proceedings. For illustrative purposes, the following
prohibited conduct is contemplated by this section:
a. Misbehavior in the classroom which reduces the instructional effectiveness of the
school.
b. Conduct which is incorrigible.
c. Truancy and tardiness.
d. Failure to attend detention.
e. Insubordination toward instructors, Principals, and other employees of the school
district.
f. Failure to observe bus rules and regulations.
g. Possession of a knife or any weapon as defined in District Policy No. 502.41
h. Failure to observe school rules and regulations.

♦♦♦♦♦♦♦

LEGAL REFERENCE: Idaho Code 33-205, 18-901, 18-903, 18-905, 18-907,

18-1502, 18-2407, 18-6409, 18-7001, 18-7008, 18-7036, 37-2732

ADOPTED: Original Adoption Date Unknown

AMENDED/REVISED: July 20, 1993, February 21, 1995, October 15, 1996, January
19, 1998, August 16, 2000

ATTACHMENTS: “Notice of Proposed Expulsion” & “Sample Hearing Minutes

Including Findings, Conclusion and Recommendation Re: Expulsion of Student”

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NOTICE OF PROPOSED EXPULSION

Student Date _______________
Parents
Address
Please take notice that a hearing will be held on _____________________________,
200__ at _____a.m. _______p.m. at the Minidoka County School District#331, District Office,
located at 633 Fremont Avenue, in Rupert, Idaho. The purpose for the hearing is to determine
whether or not to expel your student from the district as recommended by the administrative
staff.
Grounds for the proposed action are:

Student's response to the alleged infractions.

You are advised that you may:

1. Present evidence at the hearing in the form of oral testimony from witnesses and/or
written documents.
2. You may cross-examine those adult district employees who testify against you.
3. You may retain counsel to represent you, at your expense.
4. You may make opening and/or closing statements at the hearing.
(Circle one) Yes No This student has been suspended through the hearing date.

Administrator and Title

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Sample Hearing Minutes Including Findings, Conclusion and

Recommendation Re: Expulsion of Student

Hearing was held on the day of, 200___ commencing at ______o'clock a.m. / p.m. and
at , (location) in , Idaho, for purposes of
determining whether or not the recommended expulsion of
(student’s name) should be approved by the District Expulsion Committee.

The following members of the District Hearing Committee were present:

A quorum of said Committee being present and no committee member having been associated
with the disciplinary action regarding the above-named student, the Committee proceeded with
the hearing.
Present at the hearing on behalf of the administrative staff were:

Present on behalf of the student were:

, Student
, Parent
, Parent
, Witness
, Witness
The Committee Chairman verified with the student and his/her parent(s) that they had received a
copy of the notice of the hearing, a copy of which is attached hereto as Exhibit "A" and included
herein as if set forth in full, which notice sets forth the charges, time and date of meeting and
rights of the student and student's parents provided by statute.

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Thereafter, (Administrator) presented the evidence on

behalf of the administrative staff in support of the request for expulsion of the student. The
student and/or his/her designee was given the opportunity to cross-examine the administrative
staff member.
The administrative staff also presented the following documents which were admitted into
evidence:
1.______________________________________________________________________
2.______________________________________________________________________
3. _____________________________________________________________________
4. _____________________________________________________________________
After completion of presentation of the evidence of the administrative staff, the student presented
evidence. The following individuals testified on behalf of the student:
1.
2.
3.
4.
The following documents and records were offered as evidence by the student and were
admitted:
1.
2.
3.
4.
The Committee Chairman then allowed the administrative staff and the student and/or his/her
designee, to give any closing remarks they so desired and then excused the parties so that
Committee might deliberate and make the decisions regarding recommendations.
After a full and complete deliberation and being fully advised in the premises, the District
Hearing Committee hereby finds as follows:
1. is a student of the District enrolled
at (name of school) as (grade of student)________.

2. That on the day of, ___________________200___ , said student did commit the
following acts:

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3. These such acts are prohibited by the policies of the School District.

4. On the day of _______________, 200___, the student was suspended by the

principal and at that time was advised of the evidence which the principal had at his
disposal in that regard. At that time the student was allowed to tell his/her side of the
story to the principal.

5. The notice was given to the student and his/her parent(s) of the suspension.

6. That upon review of the matter the principal and/or superintendent of the District
recommended to this Committee that the student be expelled from attendance at the
District's schools.

CONCLUSION

The District Hearing Committee of the Minidoka County School District concludes that the
student has violated the policies, rules and regulation of the District by performing the acts
described above and such student is guilty of conduct which comes under the following statutory
grounds for expulsion from the District:
________a. Violates the provisions of the Gun Free Schools Policy.
________b. Exhibits incorrigible behavior.
________c. Continuously disrupts school discipline.
________d. Initiates aggressive physical violence toward other persons regardless of
whether other person(s) verbally or visually provided provocation.
Physical activities (P.E. and athletic activities) which are sanctioned by the
school district are excepted from this expulsion provision.
________e. Possesses controlled substances. (I.C. 37-2732)
________f. Acts in a manner which is detrimental to the health and safety of other
students and/or staff.
________g. During a single school year, the commission of any act, while the student
is engaged in any school activity or is on school grounds, which would
constitute a felony if committed by an adult, may justify expulsion.
________h. During a single school year, the commission of any act while the student is
engaged in any school activity or is on school grounds, which would

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constitute a misdemeanor if committed by an adult shall be grounds for

suspension. Any second or subsequent commission of such an act shall be
grounds to initiate expulsion proceedings; provided however, that
suspension shall be imposed prior to the initiation of expulsion
proceedings.
________i. During a single school year, the commission of any act while the student is
engaged in any school activity or is on school grounds, not amounting to a
felony or misdemeanor, which violates any duly adopted written discipline
policy of the Board of Trustees, or any written discipline policy of the
Superintendent or Principal of any school, may be grounds for suspension
or detention. Any second or subsequent commission of such an act shall
be grounds for suspension. Any third or subsequent commission of such
an act may be grounds for expulsion; provided however, that suspension
shall be utilized prior to the initiation of the expulsion proceedings

RECOMMENDATION
Wherefore, the District Hearing Committee hereby renders its decision to recommend that the
Board formally expel (name of student) from
attendance at the District's schools and that the Board directs its administrative staff to file such
other petitions and take such other steps as are necessary under the requirements of the Idaho
Youth Rehabilitation Act with respect to this student.

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