# JKD - SUSPENSION OF STUDENTS
The School Board delegates to the principals, the authority to suspend disobedient and disorderly students in grade six and above for a period not to exceed ten (10) school days. Suspensions longer than 10 days may be imposed by the Board. Students in grade 5 or below may not be given an out-of-school suspension except when a student has violated the federal Gun-Free Schools Act or presents an imminent danger of serious physical injury to the student or others, and it is determined that less restrictive interventions would be ineffective. Any suspension of a student in grade five or below cannot be longer than three school days.
Prior to the suspension, except as hereinafter provided:
1. The student shall be given oral or written notice of the charge(s) against the student;
2. The student shall be given an explanation of the evidence forming the basis for the charge(s); and
3. The student shall be given an opportunity to present their version of the incident.
However, students whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the instructional process may be immediately removed from school. In such cases, the notice of charges, explanation of evidence, and the student's opportunity to present their version of the incident shall be arranged as soon as practicable after removal of the student from school.
The student's parents/guardians shall be notified of any in-school or out-of-school suspension as soon as practicable by telephone (if possible) and by written notice. A copy of the notice shall also be sent to the Superintendent.
Students are not allowed on school property or to participate in any school-related activities, including extra-curricular activities, during any out-of-school suspension except with the prior authorization of the principal or Superintendent.
The parents/guardian and the student shall be required to attend a conference with the building administrator/designee within the suspension period and prior to readmittance to school.
Students shall be responsible for any schoolwork missed during their suspension. After readmittance, they shall be permitted to take tests, quizzes, or any other form of evaluation affecting their grades.
A student who has a single suspension during their high school career may request that the suspension be made null and void, and expunged from the student's education record under the following conditions.
1. In order to make a request, the student must be a junior or senior.
2. The student must submit a written request signed by the student and their parents/guardians to the high school principal.
3. The high school principal may grant or deny such a request, and the high school principal's decision is final.
4. If the student commits another offense subject to disciplinary and/or other consequences after the request has been granted, the first suspension will still be considered in determining consequences under the applicable Board policy/procedure.
### Legal Reference:
- 20-A MRS ยงยง1001(9) ;(15-A) (D)
### Cross Reference:
- [JIC - System-Wide Student Code of Conduct ](https://documentation.cape.k12.me.us/books/board-policies/page/jic-system-wide-student-code-of-conduct)
- [JICH - Student Use of Alcohol, Drugs, Tobacco, and Other Prohibited Substances](https://documentation.cape.k12.me.us/books/board-policies/page/jich-student-use-of-alcohol-drugs-tobacco-and-other-prohibited-substances)
- [JICIA - Weapons, Violence, and School Safety ](https://documentation.cape.k12.me.us/books/board-policies/page/jicia-weapons-violence-and-school-safety)
- [JICK - Bullying and Cyberbullying Prevention in Schools](https://documentation.cape.k12.me.us/books/board-policies/page/jick-bullying-and-cyberbullying-prevention-in-schools)
- [JK - Student Discipline](https://documentation.cape.k12.me.us/books/board-policies/page/jk-student-discipline)
- [JKE - Expulsion of Students](https://documentation.cape.k12.me.us/books/board-policies/page/jke-expulsion-of-students)
- [JKF - Disciplinary Removals of Students with Disabilities](https://documentation.cape.k12.me.us/books/board-policies/page/jkf-disciplinary-removals-of-students-with-disabilities)
- [JKF-R - Disciplinary Removal of Students with Disabilities *Procedures*](https://documentation.cape.k12.me.us/books/board-policies/page/jkf-r-procedure-disciplinary-removal-of-students-with-disabilities-procedures)
### Adopted:
- May 13, 2003
### Revised:
- December 11, 2012
- November 18, 2014
- May 14, 2024