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Baltimore City Public Schools Permanent Expulsion Policy
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Baltimore City Public Schools Permanent Expulsion Policy

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  • 1. PROPOSED REVISIONS TO STUDENT DISCIPLINE POLICY Jonathan Brice Executive Director Student Support and Safety September 21, 2009
  • 2. Incidents that led to Suspension Reduction in the number of incidents leading to suspension of more than 5,000 since the end of SY 2006-2007 2002 – 2003 26, 057 incidents SY 2003 – 2004 26, 295 incidents SY 2004 – 2005 16,631 incidents SY 2005 – 2006 15,031 incidents SY 2006 – 2007 16,752 incidents SY 2007-2008 14,744 incidents SY 2008-2009 11,059 incidents
  • 3. Board Rule 507 Suspensions and Expulsions
    • Revised in August 26, 2003
    • Includes information about In School Suspension
    • Addressed discipline issues of Special Education students
    • Required monthly tracking of all suspensions
  • 4. Board Rule 507 Suspensions and Expulsions
    • Principals currently have authority to suspend a student for more than 5 days but no more than 10 without CEO approval.
    • A suspension period of more than ten (10) school days but no more than forty-five (45) school days is currently categorized as a “long-term suspension.”
    • Procedural steps that are taken around student discipline are included in Board Rule 507.
  • 5. Rationale for Proposed Changes
    • Increased focus on classroom management and behavioral interventions.
    • City Schools recognizes the need for consequences in disciplining students, monitoring student suspensions beyond 5 days is needed to reduce the number of days that students are excluded from the classroom.
    • Board Rule, Section 507 currently includes policy as well as procedural steps. As a result, Board approval is needed to change procedural steps.
  • 6. Proposed Changes to Current Board Rule 507
    • Only the CEO or designated representative may suspend a student beyond 5 school days. Principals will have authority to suspend up to 5 days and can propose a student for more than 5 days. However, the proposal for a suspension beyond 5 days is reviewed by Office of Suspension Services and they are responsible for making a decision about the case.
    • Long-term suspension” will be changed to “extended suspension” to be consistent with COMAR.
  • 7. Proposed Changes to Current Policy
    • Administrative regulations now include classroom management and behavioral interventions.
    • Expulsions may be permanent and will be determined by criteria provided in CEO’s administrative regulation JKA-RB.
    • Procedural steps will be removed from Board Rule, Section 507 and placed in CEO’s administrative regulations.
  • 8. Administrative Regulations Related to Student Discipline
    • JKA-RA: Classroom Management and Student Behavioral Interventions
    • JKA-RB: Student Suspension and Expulsion
    • JKA-RC: Suspension or Expulsion of Students with Disabilities Who Qualify for Services under IDEA
    • JKA-RD: Suspension or Expulsion of a Student with Disabilities Under Section 504.
    • JKA-RE: Student Suspected of Having a Disability
  • 9. JKA-RA: Classroom Management and Student Behavioral Interventions
    • All new material; consistent with COMAR and the Student Code of Conduct
    • Sets forth steps to be taken for inappropriate and disruptive behavior
    • Provides guidelines for:
      • Detention/Community service/restorative justice strategies
      • Exclusion/physical restraint/seclusion
      • Prohibit use of mechanical restraint
  • 10. JKA-RB: Student Suspension and Expulsion
    • Principals will now have to propose any suspension in excess of 5 days; criteria for perm exp and guidelines for perm exp student’s possible return to City Schools
    • All guidelines provide for student’s due process rights
    • Guidelines for in-school suspension:
      • Still limited to 6 days (aggregate)/semester
      • Program must be pre-approved by appropriate Executive Director
  • 11. JKA-RB: Student Suspension and Expulsion
    • Guidelines for short-term suspension:
      • Principal only has authority to suspend up to 5 days (not 10)
    • Guidelines for extended suspensions and expulsions:
      • Replacing “long-term suspension” with “extended suspension” (consistent with COMAR)
      • Provides procedures for school-based administrator and suspension counselors
      • Criteria for permanent expulsions
      • Provides for automatic appeal to the Board for all permanent expulsions
      • Sets forth guidelines for possible return to home school for students under 16 who have been permanently expelled
  • 12. Permanent Expulsion Criteria
    • Determine, on a case-by-case basis, whether the recommendation will be for a permanent expulsion, based on the following criteria:
    •  
    • a) the student was found to have intentionally used explosives in a City Schools building or on City Schools property;
    • b) the student was found to have intentionally set a fire or committed arson in a City Schools building or on City Schools property; or
    • c)the student committed some other serious offense that impacted the safety and security of students, teachers, and/or staff;
  • 13. Staff Review and Appeal
    • Two levels of administrative review:
      • Office of Suspension Services Director
      • CEO or Designee
    • Automatic Appeal to Board of School Commissioners
  • 14. Services for Students Permanently Expelled
    • Special Education students will receive educational services based on their IEP.
    • Regular Education students under the age of 16 who are found to have committed an offense resulting in a permanent expulsion:
    • 1. will be assigned to an alternative program for a period of at least 180 school days;
    •  
    • 2. will be required to meet four guidelines on a quarterly basis in order to be considered eligible for a return to their home school at the conclusion of the 180 school days:
  • 15. Permanent Expulsion Reinstatement Criteria
    •  
    • A. 80% or better attendance;
    •  
    • B. no disciplinary incidents requiring single or cumulative out-of-program exclusions of more than five days; and
    •  
    • C. completion of the fire starter and/or other program of support, including drug abuse prevention, if warranted.
    •  
  • 16. Student Review Process
    • Each case will be reviewed by the alternative program’s Student Support Team with written, quarterly progress reports provided to the Executive Director of Safety and Student Support.
    • If a student is found to have not met the reinstatement guidelines set forth in VI.G.2., the Executive Director of Safety and Student Support may administratively withdraw the student from City Schools.
    • If at any time the student is found noncompliant with VI.G.2.c., the case review by the Executive Director of Safety and Student Support will be immediate.
  • 17. JKA-RC: Suspension or Expulsion of Students with Disabilities Who Qualify for Services under IDEA
    • Guidelines for suspension of student with disability for not more than 10 cumulative or consecutive school days
    • Guidelines for suspension of student with disability for more than 10 cumulative school days
      • Includes referral to IEP team
      • Requires principal to consult with at least one of the student’s teachers
    • Guidelines for suspension of student with disability for more than 10 consecutive school days
      • Principal must consult with at least one of the student’s teachers to determine what services should be provided
      • Notification to the IEP team for manifestation determination
      • Detailed procedures for the manifestation determination
    • Guidelines for possession of weapon or drugs, use or sale of controlled substance, and infliction of serious bodily injury
  • 18. JKA-RD: Suspension or Expulsion of a Student with Disabilities Under Section 504.
    • Wholly new
    • Requires referral to 504 team for any combination of in-school, short-term, or extended suspension that totals more than 10 school days per school year
      • 504 team, including parent, meets to review the appropriateness of student’s 504 and to make manifestation determination
      • Guidelines provided for manifestation determination process
    • Parents who disagree with 504 team’s decision may request due process hearing.
  • 19. JKA-RE: Student Suspected of Having a Disability
    • Guidance for when City Schools had knowledge of student’s disability but student had not yet been identified
      • Explains how to determine if City Schools had knowledge of disability
      • Sets forth when City Schools will not be held to have knowledge of student’s disability
    • Provides for expedited evaluation of student if written referral is received while student is subject to disciplinary measures
    • If IEP team determines student has disability, special education and related services will be provided
  • 20. Public Comments
    • Anyone may review this draft policy at http://www.boarddocs.com/mabe/bcpss/Board.nsf/Public?OpenFrameset .
    • The public is invited to review this draft policy and send feedback to [email_address]