Category III-Illegal Conduct Consequences
A parent/guardian conference with the teacher and/or administrator/or designee is required at a time convenient for all parties involved for all Category III disciplinary actions. School officials are expected to resolve Category III violations by utilizing one or more of the following disciplinary consequences.
Suspension – Removal of a student from school by a school administrator for a period of up to ten (10) days for persistent disobedience or for violations of the Student Code of Conduct may be assigned as a disciplinary consequence. An in-school suspension option may be utilized as part or all of the suspension period depending on the nature of the misbehavior. The length of a suspension shall be determined by the gravity of the offense, the circumstances under which it took place and the limits established in the Code. An appropriate meeting or contact with the student will be held prior to any suspension and parents/guardians shall be notified of all suspensions. Students who are suspended are to remain off all school properties and are ineligible to attend any school activities until reinstatement. A parent/guardian conference or contact should be held with the school administration during the period of suspension. Although there is no rebuttable presumption against an out-of-school suspension of one (1) to ten (10) school days, the administration must consider the mitigating factors in section 1310d of the Michigan Revised School Code, MCL 380.1310d. These factors include: 1) the pupil’s age; 2) the pupil’s disciplinary history; 3) whether the pupil is a pupil with a disability; 4) the seriousness of the violation or behavior; 5) whether the violation or behavior of the pupil threatened the safety of any pupil or staff member; 6) whether restorative practices will be used to address the violation or behavior; and 7) whether a lesser intervention would address the violation or behavior committed by the pupil.
Students suspended in excess of ten (10) consecutive or cumulative school days in a given school year will be referred to the school building core team (building team, pre-assessment team, or student assistance team). The core team (or equivalent group) shall be responsible for developing, implementing and monitoring an alternative educational plan for the student in cooperation with parents/guardians, building administration and staff and appropriate community agencies/resources.
Alternative school placement – Assignment of a student to an alternative site or recommendation for placement at another educational program which is deemed appropriate may be employed as a component of a behavioral improvement plan.
Juvenile court petition – A petition to the Kalamazoo County Juvenile Court, or other appropriate external agency, to initiate disciplinary actions may be made to respond to extreme and/or repeated student behavioral problems.
Exclusion – Removal of a student from school for 11 but fewer than 180 days with the right to be readmitted following the exclusion period on evidence of satisfactory elimination of the cause for exclusion may be used as a disciplinary response. Exclusion requires the recommendation of the principal and superintendent and formal action by the Board of Education or the board’s designee. Parents/guardians of a student recommended for exclusion shall be notified of this proposed action and be granted a due process review prior to action by the Board. The superintendent or designee shall notify the parents/guardians of the decision of the Board.
Expulsion – Removal of a student from attendance at any school or educational program of the Kalamazoo Public Schools may be employed as a disciplinary response. Expulsion requires the recommendation of the principal and superintendent and formal action by the Board of Education or the board’s designee. Parents/guardians of a student recommended for expulsion shall be notified of this proposed action and be granted a due process review prior to action by the Board. The superintendent or designee shall notify the parents/guardians of an affected student of the decision of the board. If a student is excluded or expelled, the district shall include this information on the individual’s permanent record.
Permanent expulsion - Mandatory removal from school at a minimum of one hundred eighty (180) days with no opportunity for return unless otherwise approved by the Board of Education.
Restorative principles -
Before a student may be suspended, expelled or permanently expelled, the district administrators making the disciplinary decision shall consider each of the following factors:
(i) the student’s age;
(ii) the student’s disciplinary history;
(iii) documentation of any known disability of the student;
(iv) the seriousness of the violation or behavior committed by the student;
(v) documentation if the violation or behavior committed by the student threatened the safety of any student or staff member;
(vi) a determination of whether restorative practices should be used to address the violation or behavior committed by the student; and
(vii) documentation of consideration if a lesser intervention would properly address the violation or behavior committed by the student
Except in the case of possession of a firearm, in exercising the administration’s discretion to impose an exclusion of longer than ten (10) days or an expulsion, there is a rebuttable presumption that the exclusion of longer than ten (10) days or the expulsion is not justified unless the administration can demonstrate that it considered each of the above seven (7) factors from section 1310d (1) of the Michigan Revised School Code, MLC 380.1310d(1).
Illegal substances and disciplinary procedures
Student use, possession or delivery of illegal substances is prohibited at school or at any school-approved activity on or off the school property. This applies to all students regardless
of age. Offenders will be referred to appropriate personnel for disciplinary action. Law enforcement officials also shall be contacted to take whatever action necessary in cases related to the use, possession, or delivery of illegal substances. In the event of an illegal substance violation by a student (if the quantity of illegal substances or alcohol is not sufficient for sale and/or delivery, or no sale and/or distributions are involved) the following progressive disciplinary steps will be used.
First illegal substance violation – After confirmation of the violation, the student will be referred to the school core team (building team, pre-assessment team, student assistance team, etc.), suspended for five (5) school days and/or serve in-house suspension, and attend a counseling session for evaluation.
Second illegal substance violation – After confirmation of the violation, the student will be suspended for ten (10) school days and/or serve in-house suspension. Evidence, in writing to the principal or designee, of receiving an assessment, treatment and counseling from a recognized community agency or professional person knowledgeable in chemical or alcohol abuse treatment must also be submitted.
Third illegal substance violation – After confirmation of the violation, the student will be suspended for ten (10) school days and during that time, the principal will forward a recommendation for expulsion to the superintendent of schools or designee. After a period of one year, if the student can prove successful completion of a licensed treatment program, he/she may petition the superintendent or designee for probationary
reinstatement to school.
Sale of illegal substances
Michigan law prohibits the possession, use or delivery of illegal substances. An illegal substance is generally defined as an illegal or unauthorized prescription drug or narcotic, and includes marijuana, marijuana products, LSD, various amphetamines, barbiturates quaaludes, heroin, cocaine, etc. Possession and/or use or delivery of alcoholic beverages by underage persons also is considered to be possession/use of an illegal substance. School administrators who uncover or come into contact with suspected illegal substances shall seize and turn over such substances to local law enforcement agencies immediately or as soon as possible.
Full cooperation will be sought with the police agency having jurisdiction and the prosecutor’s office. All reports of illegal substance violations made by the police or the prosecutor’s office will be confidential.
Students found to be in possession of alcohol or illegal substances considered sufficient for intent to sell or distribute, or the actual sale of alcohol/illegal substances, will be suspended from school for up to ten (10) days and recommended to the Board of Education for exclusion for the balance of the semester or school or expulsion from school attendance on a permanent basis.
Penalties for possession/use of illegal substances are cumulative throughout a student’s education tenure with the Kalamazoo Public Schools. A violation in one (1) school year will be noted should another violation occur that same school year or in another school year.
Mandatory expulsions for firearm -
In compliance with Section 1311 of the Michigan School Code, a student who is in possession of a firearm in a school building or on school grounds shall be suspended from school, and recommendation will be made to the Board of Education or the board’s designee that the student be permanently expelled. Formal action by the Board of Education will be preceded by a due process hearing that will include appropriate school authorities, the student, and his/her parent(s)/guardian(s).
Possession and/or use of weapons
In order to create a safe, weapons-free environment where students are safe and free to concentrate on learning, a student’s use or possession of a dangerous weapon or use of an object as a weapon is prohibited at school or at any school approved activity on or off school property. This applies to all students regardless of age as described by state law.
Students in possession of a weapon or other dangerous object or students who use an object as a weapon while in attendance at school or a school activity or while en route to or from school on a school bus will be suspended from school. School authorities shall report the finding to the student’s parent or legal guardian and the local law enforcement agency. Formal action by the Board of Education will be preceded by a due process hearing which will include appropriate school authorities, the student and his/her parents/guardians. In accordance with District policies, state and federal laws, the District will consider mitigating factors prior to making any recommendation. A determination that a student violated the District’s Weapon Free School Zone policy will result in an expulsion unless the student establishes, in a clear and convincing manner, at least one of the following:
- That the object or instrument possessed by the student was not possessed for use as a weapon or for direct or indirect delivery to another person for use as a weapon;
- The weapon was not knowingly possessed by the student;
- The student did not know or have reason to know that the object or the instrument possessed by the student constituted a weapon or dangerous weapon; or,
- That the weapon was possessed by the student at the suggestion, request or direction of, or with the express permission of, school or police authorities.
Students in possession of a firearm will be permanently expelled unless the student establishes, in a clear and convincing manner, one of the above four factors.
As designated by Kalamazoo Public School Policy 5.7, all decisions made by the superintendent to suspend, exclude or expel a student may be appealed to the Board of Education. The appeal must be in writing and received within 3 business days from the time the parent received notification from the school. The written appeal is sent to the President of the Board of Education with a copy to the superintendent. The Board will respond to the appeal.
Students who are excluded or expelled are to remain off all school properties and are ineligible to attend any school activities until reinstated.
Any other offenses not specifically listed, which are similar to the above violations, may be subject to classification as Category III Infractions by school authorities.