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.