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Section J: Students
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Policy Title: Student Discipline - Suspension Abeyance Contract
Policy Code: JK-R4
Suspension Abeyance Contract
An Administrator may offer to hold a suspension in abeyance, that is, to not immediately impose a suspension for certain offenses, if (1) the administrator believes it is in the best interest of the student and the school community, (2) the student and parent/legal guardian agree to certain conditions, and (3) the student and parents sign an abeyance contract. (See Exhibit JK-R4-E1- In MS Word | In Adobe PDF and Exhibit JK-R4-E2- In MS Word | In Adobe PDF)
Abeyance Contract
- An abeyance contract sets forth the conditions under which the school agrees to not impose a suspension. If the student violates the agreement, the suspension will automatically be reinstated at that time without further process. (See Exhibit JK-R4-E4: In MS Word | In Adobe PDF)
- The abeyance contract template (See Exhibit JK-R4-E1- In MS Word | In Adobe PDF and Exhibit JK-R4-E2- In MS Word | In Adobe PDF) may not be modified except to insert one or more of the optional conditions. (See Exhibit JK-R4-E3: In MS Word | In Adobe PDF) If the school administration would like to include a requirement not listed as one of the optional conditions, the administrator must obtain approval from the legal department for that modification.
Student Eligibility Requirements:
Student must acknowledge he/she violated the Guidelines for Student Rights and Responsibilities and parent/legal guardian and, if applicable, student must agree to waive the student's right to a long-term suspension hearing and any subsequent appeals;
OR
Student has been found to be in violation of the Guidelines for Students Rights and Responsibilities at a long-term hearing and the parent/legal guardian agrees to waive the student's right to any subsequent appeals.
- The student's current violation did not occur while another suspension was being held in abeyance through another abeyance contract.
- Student and parent/legal guardian must sign an abeyance contract.
Violation Eligibility Requirements:
An abeyance contract is NOT available for possession of a firearm or destructive device as defined in the Student Rights and Responsibilities.
Administrative considerations:
The suspending administrator must weigh the severity of the offense, the student's prior disciplinary record, the parental/community support in place for the student and the impact of the offense on the school community when determining whether to offer an abeyance contract to the student and parent/legal guardian.
Reviewed: March 24, 2009
CROSS REF: JFCL - Anti-Harassment Policy - Student
JI - Rights and Responsibilities
JICA - Student Dress
JICFA - Hazing
JICG - Tobacco Use by Students
JICH - Drug and Alcohol Use by Students
JICI - Weapons in School
JICJ - Use of Cell Phones and Other Electronic Signaling Devices
JICL - Bully Prohibition and Prevention
JKA - Discipline of, and Alternative Interim Placements for Special Education Students
JKAA - Discipline, Suspension, Expulsion for 504 Handicapped Students
Replaces TUSD Policy # 5060
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