The Process of Being Expelled: Understanding Adjudications

Adjudication has come up several times in the last few months during public comment, so we wanted to explain the process to the community.  The first step to understanding this process is understanding CASD’s Code of Conduct: Secondary Code of Conduct and Elementary Code of Conduct.

The CASD school board are the ones responsible for creating and governing these rules and regulations.  (School Code No. §12.6) . 

Language related to the Adjudication Process 

Adjudication - written recommendation for expulsion

Expulsion - exclusion from school for more than 10 days

Suspensions- exclusion from school for 1-10 consecutive days 

This written adjudication is what the board votes on at monthly meetings. The district is required to educate and provide services to the adjudicated student and the duration of the expulsion may include additional conditions or sanctions. Pa. C.S.A. 101 et seq

What is the Process before Adjudication? 

Informal Hearing

When a student is in violation of the code of conduct and faces the consequences of suspension over three days, the student is entitled to an Informal Hearing. The purpose of the informal hearing is to enable the student to meet with the appropriate school official to explain the circumstances surrounding the event.

• School officials, the student, and parents or guardians discuss all relevant information regarding the event and ways by which future offenses might be avoided. 
• This meeting could include the principal, teacher(s) involved, and director of pupil services.  Parent(s) are also permitted to bring an advocate if they wish to do so. 

Manifestation Determination Hearing

If the student is a special education student, a manifestation determination hearing is required.

Suspensions or expulsions affecting students with disabilities shall be governed by Applicable Law, Including 22 Pa. Code§ 14.143 (relating to disciplinary placements) and 34 CFR 300.519—300.529 (relating to discipline procedures) and will need to have a manifestation determination hearing.

• The purpose of a manifestation determination meeting is to determine if the behavior of the student was a manifestation of the student's disability.  
• This hearing is held with the student, the student's parent or guardian, the special education case manager, a general education teacher, and the special education supervisor and/or principal, who is an LEA (Local Education Agency). 
• Parent(s) are permitted to bring an advocate or an attorney if they wish to do so.  

So What Can Lead to an Adjudication?

When a student has committed a level 4 infraction (fighting, possession of weapons or drug paraphernalia, or the use of drugs) or ongoing violations of the CASD code of conduct, the student is scheduled a board hearing if the student's offense possibly warrants being excluded from school for more than 10 days. This formal hearing is required by law (School Code No. §14.143) so the board can review the complaint and discuss potential avenues for the student moving forward. 

The Board then determines which of the available processes will be used in any given case based upon factors including, but not limited to, the willingness of the student to accept responsibility for the violation, the seriousness of the alleged violation, the existence of a pattern of repeat or multiple violations, or issues of fairness and equity. 

 Discipline should, as a minimum, have three objectives in mind:

• PRESERVE the optimum environment in which to deliver instructional services
• RESPOND to student’s disruptive behaviors with corrective measures in a firm and consistent manner while attempting to correct the behavior and keep student in school
• REMOVE, as a last resort, the student from the educational environment so that the majority may pursue their educational goals 
  

 

Formal (Board Hearing) Meetings

A formal hearing is required for any students whose offenses are serious enough to result in an exclusion from school past ten consecutive days (expulsion). 

• Student will go before the board to hear the evidence against him/herself.   Administration must prove that the student violated a written school rule. Administration must also prove that expulsion is the correct punishment for the student’s behavior.  A majority vote of the entire governing board is required to expel a student. 
  
• The student may bring a lawyer, a non-legal advocate, or support person to the hearing.  They have the right to bring witnesses as well. 

Non-Special Education Students Who the Board Votes to Adjudicate:

• Notice of a right to appeal the results of the hearing shall be provided to the student with the expulsion decision.
• Students expelled for 30 or 45 days: placed on APEX and continue their education. (Apex is an online program that provides students with an alternative educational setting.)
• Student expelled for 45 -120 days: placed in a facility to allow them to continue education as well as work on behaviors that led to the student's infraction.
• Student is expelled for 180 days: the student will be placed into a facility that is equipped to meet the students behavioral needs or provide services more appropriate to the students needs. (CCIU schools and Lincoln Center are examples of facilities used)

Although, PA Code states, "the initial responsibility for providing the required education rests with the student’s parents or guardian, through placement in another school, tutorial or correspondence study, or another educational program approved by the district’s superintendent," CASD assumes this responsibility. Our administration and staff recommend and arrange for the placements of adjudicated students.

Special Education Students Who the Board Votes to Adjudicate:

• A student with an Individualized Education Plan (IEP) is recommended to placement out of the district to receive the interventions that are needed to support the student until returning.
• After a longer expulsion, the IEP team (student, parent/guardian, case manager, LEA) meets and decides if the student is ready to return, or if the placement is a better fit for the student. If it is, the student could have the option to remain in that placement through graduation.

Important to Note

All adjudicated students remain the responsibility of the Coatesville Area School District until graduation; the District is responsible for the student's education regardless of location.   

Coatesville Area School District's partnership with the Lincoln Center was created to assist in student success. 

CASD values the importance of creating environments conducive to learning, and CASD recognizes that students' needs vary. Therefore, when students are adjudicated, the process is one to still provide them a pathway to success.

Gov. Wolf's Budget Address

HARRISBURG, PA (Feb. 8, 2022) – Following Governor Tom Wolf’s 2022-23 Executive Budget Address Susan Spicka, executive director of Education Voters of PA, issued the following statement:

“Education Voters of Pennsylvania most enthusiastically supports Governor Wolf’s historic budget proposal for education, which demonstrates his strong commitment to giving all children in the commonwealth a shot at a bright future in their K-12 schools and after graduation.

“For nearly three months, heartbreaking testimony in Pennsylvania’s school funding lawsuit has laid bare the harm that the commonwealth’s current school funding system inflicts upon students in districts that have been chronically and grossly underfunded by the state.  

“The $1.5 billion in K-12 Basic Education Funding and $200 million in special education funding in Governor Wolf’s proposed budget will take a big bite out of the $4.6 billion adequacy gap that leaves students throughout the commonwealth without the resources they need to succeed in their schools. Governor Wolf wisely invested in Level Up to accelerate $300 million in Basic Education Funding to the commonwealth’s 100 poorest districts, driving substantial resources into schools where students have been disproportionately harmed by the current funding system.

“We strongly urge the legislature to enact Gov. Wolf’s proposed charter school reforms to reduce over payments to charter and cyber charter schools – saving taxpayers nearly $375 million. Home and business owners across Pennsylvania are cheering today, because – if enacted – this reform will reduce pressure on school districts to raise their property taxes as the only way to pay charter school tuition bills.

“Finally, we applaud Governor Wolf’s commitment to improving college access and affordability through $200 million in Nellie Bly scholarships for State System and community college students and a substantial, recurring, investment in our public universities. This funding will take a step toward lifting Pennsylvania out of a disgraceful 49^th place ranking in the nation for support of higher education and will help put the dream of higher education back within the reach of children from working families who will become our future teachers, nurses and other professionals that support a thriving commonwealth.

State lawmakers need to get on board with this budget and approve it without any cuts. Harrisburg is flush with cash –the state’s budget surplus is expected to reach nearly $12 billion by the end of June. There is no excuse for not approving these critical investments in our children and in the future of the Commonwealth.  

Click HERE to register for a webinar where we will take a deep dive into Governor Wolf's education funding proposal on Thursday, February 10th at 7:00 pm. We will give an overview Governor Wolf's proposal and discuss what we expect this budget season in Harrisburg and how advocates can help secure a substantial increase in funding for public school students this year.

And tune into PCN tonight at 8:00 where we will be talking all things education on the “On the Issues” show. 

Taken from an Email send by Education Voters of Pennsylvania

School Board Meeting: Jan 25th

SCHOOL BOARD MEETINGS 

 January, 25 2022 - 7:00 PM

 

The board meeting in its entirety can be found on the District YouTube channel.  The agenda, documents, and recording of all votes can be found on board docs.  

 

Board Meeting Review

North Brandywine Middle School’s band gave a wonderful performance and the board recognized outstanding students.

Superintendent's Report 

• Operation Warm donated a coat to every student at Reeceville 

• Supplemental programs update

  • Reading: K-5 completed 165,000 units in Lexia, learned 11,000 new skills, over 250 students moved from below level to in or above, kindergartners reading levels rose from 39% to 77%
  • Math: Students 6-12 completed one million math problems on IXL

• Update on progress of the Comprehensive Plan (presentation) 
  
  CCAP Notes: There has been tangible progress made from this plan including creating curriculum teams, progress on CASD curriculum, added STEM field trips, progress on a STEM lab with Siemens, climate coaches hired on the campus,

  The district had a speaker on the first day of in-service this year explain trauma, we are not aware of any further training or future dates scheduled.
  
  We would encourage the board to share with the public both the results of the communications audit, and more about how the partnership with Krapf reduced the budget.

• Equity audit to be conducted: review our systems and processes to ensure they are fair for all of our students, policies, textbooks, what we're teaching. We’d like to know more about this audit and who is conducting it. 

• Legislators will be visiting and our Administration will visit other other schools "to ensure we provide a balanced budget."
  
  CCAP Note: Specifics on how this will ensure a balanced budget would be helpful
  

• Transportation team is establishing routing for next year, researching the use of a web-based program for efficiency

• Mr. Pelegrin is in charge of creating a facility's master plan.
  CCAP Note: Due to the uprise in students back to the district and the reorganization of the 7-12 grades last year, we would encourage the board to ask for an evaluation of the current breakdown and verify it is still the best solution. 

• Creating technology assessment for inventory of Chromebook. Creating plan to collect Chromebooks at end of year as well.
  
  CCAP Note: Written processes and procedures regarding distribution, collection, maintenance, insurance fees, etc. have been pushed for by the Technology Task Force as well as the Board from the beginning of the 1-1 Device Initiative.
  
  Details on this new inventory and how it differs from previous inventories would be helpful.
  

  
  

Health and Safety Update (58.48)

• Due to the high positive numbers, the district is still requiring masks to be worn indoors
  
• The CDC has changed guidelines, so the District will no longer do contact tracing
  
• Parents are encouraged to inform the school nurse of any cases of quarantine due to exposure or positive test results
  

CASD Budget Discussion (105.55)

• Reminder the debt payments are scheduled to increase in 2023
• Areas to explore in order to balance budget moving forward
  
• Use of ESSERS dollars (Must be tied to Covid19)
• Reduce programming 
• Reduce Staffing
• Change real estate holdings/use
  
• Board votes to stay within the Act 1 Index of 4.4%
  

Held From Consent Agenda 
FINANCE COMMITTEE

 

A. Financial Statements (Always held from consent agenda)

 

B. 2022-2023 Budget Resolution 

 

CASD's school board voted for option B to "stay within the 4.4% Act 1 Index" for the 22-23 school year Budget. This means that the board will not raise taxes above 4.4% this year. It's also important to understand that this does NOT mean they will raise it 4.4%. 

 

CCAP Note: Read more about the ACT 1 Index.

 

F. Edward A. Pristernik - Tax Collector Agreement (Attachment)

 

N. Human Resources Report (Attachment)

 

 

EDUCATION COMMITTEE

 

E-K. All Adjudication  (always held from consent agenda)

 

 

OPERATIONS COMMITTEE

 

E. Health and Safety Plan (Attachment)

Public Comments of Note

CCAP Note - The quality of the live stream makes hearing comments difficult. CCAP encourages the district to look at surrounding districts and their livestreams.  Many have positioned mics and cameras closer to the public speakers and board members while some are using multiple cameras.  (See Octorara, Oxford, Downingtown, Phoenixville)

• During public comment, Shelly Durbanes read a letter from Downingtown district asking Pristernick to waive fees for the year to help reduce budget expenses.  After this, the board voted to hold the vote for the Tax Collector Agreement for further investigation.
  
• Many Muslim Residents requested that CASD take into consideration honoring Muslim holidays on the school calendar.
  
• Laurie Shannon Bailey 
• Asked to consider have the ACT as an option
  
• Milton Serles passed
• Wanted a response to the resolution to fair funding - Mr. Hanna responded it would be on the 2/8 agenda.
  

CCAP Note: We continue to be encouraged by the admin and board interactions with the public during comments.

 

You can watch the entire board meeting on CASD's YouTube