Except for use/possession of a firearm, consideration of the following factors is mandatory before suspending or expelling a student for 10 or more school days:
- Student’s Age
- Disciplinary History
- Status Disability
- Seriousness of Behavior
- Whether the behavior posed a safety risk
- Whether or not restorative justice would change the behavior
- Whether or not a lesser intervention would address the behavior
Schools shall consider using restorative practices as an alternative to suspension or expulsion. If a school suspends or expels a student, the school shall consider using restorative practices in addition to suspension or expulsion.
Rebuttable Presumption
An assumption that a suspension is not justified unless 1310d factors are considered. Rebuttable presumption is one that may be overcome if the evidence demonstrates that the presumption is not correct.
For suspensions of 9 days or less, there is no rebuttable presumption, but the school shall consider each of the above factors in the determination.
One Exception
A student in possession of a weapon (with the exception of a firearm) may establish one of the following in a clear and convincing manner:
- The weapon was not intended to be used as a weapon, or for the delivery for use as a weapon;
- The weapon was not knowingly possessed;
- The student did not know the object was considered a weapon;
- The weapon was possessed at the suggestion, request or permission of school personnel, DPS, or the police
Rebuttable Presumption for Weapons:
- Board OR designee determines in writing that at least one of the weapons exemptions has been established in a clear and convincing manner AND
- Student has no history of suspension or expulsion
The Lansing School District may exercise discretion with regard to suspension of more than 10 days or an expulsion. However, there will be rebuttable presumption (an assumption that suspension is unnecessary based on evidence) that a suspension is not justified unless the (school) can demonstrate each of the above factors.
