EXPULSION HEARING BY BOARD OF EDUCATION
The Board of Education expulsion hearing for expulsion recommendations will be conducted in accordance with Board of Education policy on expulsion.
EXPULSION OF STUDENTS
In accordance with the Alabama State Compulsory Attendance Law, the Macon County Board of Education makes the final disposition of any expulsion recommendation. A student may be expelled for any act that is classified as a Class II or Class III offense as defined later. The school principal is initially responsible for determining that an offense has been committed for which expulsion may be warranted. Any student who is the subject of any expulsion action shall be granted the following rights of due process:
1. a hearing
2. the right to counsel,
3. the right to hear the alleged charge(s)
4. the right to question all evidence
5. the right to speak and offer evidence in his/her own behalf
The following steps of due process shall be observed in all expulsion actions:
1. The local school principal shall consult with the Superintendent or designee concerning the student’s infraction(s).
2. When the decision to recommend expulsion is made by the Superintendent, the parent/guardian shall be notified, by letter, of the time and place of the expulsion hearing before the Macon County Board, and the student shall remain under suspension or assignment at the Student Success Center until the hearing is held. This notice shall be given to parents or guardians a minimum of three calendar days before the hearing is held; however, hand delivery may be provided at any time, if accepted by the parent/guardian.
Students identified as a student with a disability may be expelled by the school system. However, expulsion is total removal from a student’s current educational service. Expulsion constitutes a change in placement, which requires due process through IEP Committee action. Therefore, a student with special needs may not be expelled from school for any misbehavior that has a direct and significant relationship to that student’s area of disability. If the IEP Committee determines that the behavior in question does not have a direct and significant relationship to the student’s area of disability, expulsion may be enforced; however, a complete cessation of educational services is not permissible.
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