Baxter High School shall provide due process for all students, including adequate notice to parents/guardians and students regarding the grounds for suspension and expulsion and their due process rights regarding suspension and expulsion, including rights to appeal.
Baxter High School shall ensure that its policies and procedures regarding suspension and expulsion will be periodically reviewed, and modified as necessary, including, for example, any modification of the lists of offenses for which students are subject to suspension or expulsion.
Baxter High School shall be responsible for the appropriate interim placement of students during and pending the completion of the Charter School’s student expulsion process.
Baxter High School will implement operational and procedural guidelines ensuring federal and state laws and regulations regarding the discipline of students with disabilities are met. Baxter High School will also ensure staff is knowledgeable about and complies with the District’s Discipline Foundation Policy. If the student receives or is eligible for special education, Baxter High School shall identify and provide special education programs and services at the appropriate interim educational placement, pending the completion of the expulsion process, to be coordinated with the LAUSD Special Education Service Center.
Baxter High School shall document the alternatives to suspension and expulsion utilized with students who are truant, tardy, or otherwise absent from compulsory school activities.
If a student is expelled from Baxter High School, the school shall forward student records upon request of the receiving school district in a timely fashion. Baxter High School shall also submit an expulsion packet to the Innovation and Charter Schools Division immediately or as soon as practically possible, containing:
- Pupil’s last known address
- A copy of the cumulative record
- Transcript of grades or report card
- Health information
- Documentation of the expulsion proceeding, including specific facts supporting the expulsion and documentation that Alliance X College-Ready Academy X’s policies and procedures were followed
- Student’s current educational placement
- Copy of parental notice expulsion
- Copy of documentation of expulsion provided to parent stating reason for expulsion, term of expulsion, rehabilitation plan, reinstatement notice with eligibility date and instructions for providing proof of student’s compliance for reinstatement, appeal process and options for enrollment; and
- If the Student is eligible for Special Education, Alliance X College-Ready Academy X must provide documentation related to expulsion pursuant to IDEA including conducting a manifestation determination IEP prior to expulsion. If the student is eligible for Section 504 Accommodations, Baxter High School must provide evidence that it convened a Link Determination meeting to address two questions: A) Was the misconduct caused by, or directly and substantially related to the students disability: B) Was the misconduct a direct result of Baxter High School’s failure to implement 504 Plan.
Baxter High School shall maintain all data involving placement, tracking, and monitoring of student suspensions, expulsions, and reinstatements, and make such outcome data readily available to the District upon request.
Pupils who are expelled from Baxter High School shall be given a rehabilitation plan upon expulsion as developed by Baxter’s High School governing board, or as designated, at the time of the expulsion order, which may include, but is not limited to, periodic review as well as assessment at the time of review for readmission. Terms of expulsion should be reasonable and fair with the weight of the expelling offense taken into consideration when determining the length of expulsion. Therefore, the rehabilitation plan should include a date not later than one (1) year from the date of expulsion when the pupil may reapply to Baxter High School for readmission.
Baxter High School’s governing board shall adopt rules establishing a procedure for the filing and processing of requests for readmission and the process for the required review of all expelled pupils for readmission. Upon completion of the readmission process, Baxter High School’s governing board shall readmit the pupil, unless the governing board makes a finding that the pupil has not met the conditions of the rehabilitation plan or continues to pose a danger to campus safety. A description of the procedure shall be made available to the pupil and the pupil’s parent or guardian at the time the expulsion order is entered and the decision of the governing board, including any related findings, must be provided to the pupil and the pupil’s parent/guardian within a reasonable time.
Baxter High School’s governing board shall adopt rules establishing a procedure for processing reinstatements, including the review of documents regarding the rehabilitation plan. Baxter High School is responsible for reinstating the student upon the conclusion of the expulsion period in a timely manner.
In the case of a student who has an Individualized Education Program (IEP), or a student who has a 504 Plan, Baxter High School will ensure that it follows the correct disciplinary procedures to comply with the mandates of state and federal laws, including IDEA and Section 504 of the Rehabilitation Plan of 1973. As set forth in the MOU regarding special education between the District and Baxter High School an IEP team, including a District representative, will meet to conduct a manifestation determination and to discuss alternative placement utilizing the District’s Policies and Procedures Manual. Prior to recommending expulsion for a student with a 504 Plan, Baxter High School’s administrator will convene a Link Determination meeting to ask the following two questions: A) Was the misconduct caused by, or directly and substantially related to the student’s disability? B) Was the misconduct a direct result of the Baxter High School’s failure to implement 504?
This Pupil Suspension and Expulsion Policy has been established in order to promote learning and protect the safety and well-being of all students at Baxter High School. In creating this policy, the Baxter High School has reviewed Education Code Section 48900 et seq. which describes the non-charter schools’ list of offenses and procedures to establish its list of offenses and procedures for suspensions and expulsions. The language that follows closely mirrors the language of Education Code Section 48900 et seq.
When the Policy is violated, it may be necessary to suspend or expel a student from regular classroom instruction. This policy shall serve as Baxter High School’s policy and procedures for student suspension and expulsion and it may be amended from time to time without the need to amend the charter so long as the amendments comport with legal requirements and are not material revisions to this policy. Charter School staff shall enforce disciplinary rules and procedures fairly and consistently among all students. This Policy and its Procedures will be printed and distributed as part of the Student Handbook and will clearly describe discipline expectations. In addition, these Policies and Procedures will be available on request at the Principal’s office.
Suspended or expelled students shall be excluded from participating in all school and school-related activities unless otherwise agreed by the principal and the parent/guardians during the period of suspension or expulsion.