Student Suspension and Expulsion

Purpose

The purpose of this policy is to delegate authority and provide direction to the Superintendent of Schools to develop and administer a student suspension and expulsion process. This process is in compliance with Alberta Education requirements to support safe, caring and respectful learning environments for all students.

Definitions

Suspension: The term used to describe an action by a principal or teacher authorized under the  Education Act s. 36 which temporarily denies a student access to one or more of the following:

1. one or more class periods;
2. one or more courses;
3. school; or
4. riding in a school bus.

Note: Although a suspension cannot be appealed, a principal can reinstate a student who has been suspended. 

Expulsion: The term used to describe an action by the Board of Trustees or its delegate, in accordance with the Education Act s. 37, which for a period of more than 10 days, denies a student access to one or more of the following:

1. course(s);
2. one or more schools; or
3. riding in a school bus.

Procedural Fairness:  A common law doctrine that requires: a person exercising statutory power to give some form of notice of a pending decision to a person (parent/guardian and student); an opportunity for that person to comment and or be represented; and the requirement that the official making the decision be unbiased. 

Policy

The Board of Trustees recognizes the role of discipline in creating a safe and supportive learning environment in which all students can reach their full potential.  While ideally students should be in regular attendance at school, the Board of Trustees acknowledges that there are times when a student needs a reflective opportunity to learn from experience to further their education, or to ensure the safety of others, and that as a result a student may be suspended or expelled. 

The Board of Trustees acknowledges the role of suspension and expulsion of a student, in response to a violation of the student behaviour and conduct policy or administrative regulation, when:

• other means of corrective action have failed to bring about orderly or appropriate conduct on the part of the student; or
• the student’s behaviour is so severe that lesser corrective action would be insufficient. 

The Board of Trustees delegates authority to act on its behalf in all matters pertaining to student expulsion to the Superintendent of Schools and to comply with the Education Act.  This delegation of authority to the Superintendent of Schools includes the right to sub-delegate authority and responsibility to an individual or roster of individuals to preside over expulsion hearings.  

The Superintendent of Schools and individuals identified by the Superintendent of Schools to preside over a student expulsion hearing shall have the authority to: 

• return a student to the current school;
• expel the student from the current school and direct them to another school or program in the Division;
• where no lesser option is determined to be appropriate, expel the student from all Division schools and direct the sponsorship of the student to Alberta Distance Learning to continue their schooling; or
• hear requests for reinstatement of a student who has been expelled from all Division schools, and where appropriate, reinstate a student, direct the student to an appropriate placement within the Division and ensure that a plan for reintegration of the student is developed. 

A decision on a student expulsion made under this delegation of authority is considered a decision of the Board of Trustees for the purposes of a review by the Minister under the Education Act s. 44.   

Expectations

1. The Superintendent of Schools shall establish appropriate administrative regulation, processes and assign responsibilities to ensure that all duties and responsibilities of the Board of Trustees are carried out with respect to suspensions and expulsions in accordance with the Education Act.
2. The Board of Trustees expects that a Chair of an expulsion hearing inform the Superintendent of Schools prior to releasing a decision to expel a student from all Division schools.
3. The Board of Trustees expects that suspension and expulsion processes will ensure procedural fairness to the student and that the parents or guardians and/or student are adequately informed of the process and options available.  
4. The Board of Trustees expects that suspension and expulsion processes will be designed to assist students in their learning and development through self-reflection rather than being only punitive in nature.  

Accountability

1. Aggregated information on student suspensions and expulsions shall be reported annually to the Board of Trustees. 
2. In the case of a student who has been expelled from all Division schools, the Superintendent of Schools shall inform the Board of Trustees, in confidence, at the first available opportunity of the circumstances and education provisions made for the student.

References