DEFINITIONS:

Suspension:  dismissed from attendance at school for any reason not more than ten (10) consecutive days. Multiple suspensions shall not run consecutively nor shall multiple suspensions be applied to avoid expulsion from school.

Expulsion:  removal from attendance for more than ten (10) consecutive days or more than fifteen (15) days in a month of school attendance. Multiple suspensions that occur consecutively shall constitute explusion.

Remand:  assignment to an alternative school.

Students may be suspended, expelled, or remanded from the Shelby County Schools in accordance with the regulations prescribed by the Shelby County Board of Education and the laws of the state of Tennessee, and the Individuals with Disabilities Education Act.

The principal, vice-principal or assistant principal has the authority to suspend or expel students from the particular school or school bus.  It is recommended that other means of discipline be tried before resorting to out-of-school suspension or expulsion.

Before any disciplinary action, the principal, vice-principal or assistant principal will conduct a hearing with the student.  The student will be informed of the reasons for which the any disciplinary action is being considered.  The student will be advised of the nature of the student's misconduct, questioned about it, and allowed to give an explanation.

The principal, vice-principal or assistant principal shall immediately, within 24 hours, give written or actual notice of suspension or expulsion to the parent/guardian and the Department of Student Services.

If a suspension exceeds five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the Department of Student Services upon request.

Readmission to school following a suspension or expulsion will be determined at a hearing attended by student, parent/guardian, and principal, vice-principal or assistant principal except in extenuating circumstances over which the student has no control as approved by the principal.

If the suspension is for ten (10) days or less, the principal is the final authority.

Out-of-School Suspension 6TH – 8TH Grade Students
When a student is suspended out-of-school, the student will be required to complete all missed work within a specified time to be determined by the principal at the time of re-admittance. The student’s conduct grade for that grading period will be “U” for the class the student was in at the time of the offense.

Out-of-School Suspension 9TH – 12TH Grade Students
When a student is suspended out-of-school for ten (10) or fewer days, the student shall receive a grade of zero for all class work, daily work, quizzes, etc., for the period of time suspended.

Any single assignment that carries a weight of fifteen percent (15%) or more of the final quarter grade will be considered a major assignment and the student may complete that work and have the grade earned included in the calculation of the quarter grade

Assignments weighted less than fifteen percent (15%) will be counted as minor assignments and zeros will be recorded during the period of suspension.

Each high school shall adopt a Restorative Credit Program. By performing pre-approved school or community service, first-time suspended students earn the privilege of completing and receiving credit on make-up work for assignments missed while suspended. This option will be available only to students serving their first suspension of a school year.

1. When the student is readmitted, the administrator will include on the readmit paperwork the above criteria/stipulations.
2. The administrator will keep a record of the student’s school or community service documentation.
3. The administrator will notify the teachers of the student when the student has completed the school or community service.
4. At that time, the teacher and student will develop a plan for the student to complete and have counted as a grade his make-up work, Make-up work will be completed in a timely manner, directed by the teacher, and in accordance with the school’s general make-up work procedure.

Alternative School Placements
Alternative School placements, when available, are provided to students assigned Out–of–School (OSS) suspensions that are longer than ten (10) days.

DISCIPLINARY HEARING AUTHORITY

If an out-of-school suspension or expulsion exceeds ten (10) days, the following procedure will be followed:

1. The parent or guardian and the student will be given notice that within five (5) days of receipt of notification of expulsion, either the parent, guardian, student or any person holding a teaching license who is employed by the school system if requested by the student may make a request, orally or in writing, for an appeal before the Disciplinary Hearing Authority (DHA). The Disciplinary Hearing Authority shall be appointed by the Board of Education annually and shall consist of licensed employees recommended by the Superintendent or his designee.

2. The hearing shall be held no later than ten (10) days after the beginning of the expulsion.

3. The Disciplinary Hearing Authority shall give written notice of the student's rights during the hearing and the time and place of the hearing to the parent or guardian, the student and the school official designated above who ordered the expulsion.  Notice shall also be given to the local education agency employee referenced in (1) above who requests a hearing on behalf of an expelled student.  Written notice of the Disciplinary Hearing Authority's decision and student's appellate rights shall be provided.

4. The student, principal, vice-principal or assistant principal may request a review of the record by the Superintendent within five (5) days of the receipt of the decision of the Disciplinary Hearing Authority.  Absent a timely appeal, the decision shall be final.

5. The Superintendent may affirm or overturn the decision of the Disciplinary Hearing Authority based on a review of the records.  Written notice of the Superintendent's decision and the student's appellate rights shall be provided.

6. The student, principal, vice-principal or assistant principal may within (5) days of the receipt of the Superintendent’s decision request a hearing by the Board of Education.  Absent a timely appeal, the decision shall be final.

7. The Board of Education, based upon a review of the record, may grant or deny a request for a board hearing and may affirm or overturn the decision of the Superintendent with or without a hearing before the board; provided, that the board may not impose a more severe penalty than that imposed by the hearing authority without first providing an opportunity for a hearing before the board

8. The Board of Education shall give written notification of its decision and the student's rights during a board hearing if granted as soon as possible to the parent or guardian, the student and/or the local education agency employee referenced in (1) above.  The action of the Board of Education shall be final.

¹T.C.A.§49-6-3401(c)(4)


Adopted 08/05/68
Revised 10/24/74
Revised 02/24/77
Revised 07/26/79
Revised 04/25/85
Revised 08/25/88
Revised 08/29/91
Revised 10/27/94
Revised 08/31/00
Edited 06/30/05
Revised 09/21/06
Revised 01/31/08