For purposes of this policy, “suspension” and “expulsion” shall be defined by Indiana law.
The School Board will ensure a child is afforded due process before suspension or expulsion. A student may be suspended and/or expelled from an activity, program, or a school if his/her behavior represents misconduct or substantial disobedience while the student is on school grounds immediately before or during school hours, or immediately after school hours, or at any other time when the school is being used by a school group; off school grounds at a school activity, function, or event; or traveling to or from school or a school activity, function, or event.
In addition to the grounds specified above, a student may be suspended or expelled for engaging in unlawful activity on or off school grounds if the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function, or the student's removal is necessary to restore order or protect persons on school property, including any unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions.
Furthermore, a student may be suspended or expelled for bullying, regardless of the physical location in which the bullying occurred in accordance with Indiana law and Board Anti-Bullying Policy. Students with disabilities shall be afforded procedural safeguards as required by state and federal law.
The student or the student’s parent may request an appeal of this determination to the school board. A request for an appeal must be: (1) in writing; and (2) delivered in person or by mail; and (3) must be received by the school within 10 calendar days of the date this notice was received by the student or the student’s parent. The written request for appeal must be submitted to:
Delaware Community School Corporation
9750 N CR 200 E
Muncie, IN 47303
If a student does not request an appeal within ten (10) days of the date the notice of action was mailed, all administrative rights to contest and appeal the discipline action taken are given up or waived.
After receipt of a request for an appeal, the School Board will hear the appeal in an executive session for which the student will receive a notice. The discipline action stated above will continue in effect pending a final determination by the school board on an appeal.
The principal shall report all expulsions and second suspensions to the Bureau of Motor Vehicles in accordance with law and the Bureau's guidelines.
I.C. 20-33-8-14 et seq.,
I.C. 35-47-1-5
I.C. 35-47.5-2-4
20 U.S.C. 3551
20 U.S.C. 8922
20 U.S.C. 7151
Delaware Community School Corporation
Adopted: 2/07/2022
Revised: