FFK-AP: Suspension & Expulsion

Definitions

This policy defines the following:

• Weapons include but are not limited to:

  • Dangerous weapons are defined by NDCC 62.1-01-01

  • Any weapon prohibited or restricted for use within the city limits of Fargo, West Fargo, Horace, or Harwood, ND regardless of school address.

  • Any device designed to stun through use of voltage whether through direct contact or through a projectile

  • Any blade or knife 2.5 inches or greater in length

  • Any firearm lookalike or dangerous weapon lookalike brought on school property with the intent to threaten or intimidate

  • Any other object that is used, attempted to be used, or intended to be used to threaten or intimidate, cause destruction to property, or to cause injury to self or others.

• Contraband includes, but is not limited to:

  • Any sharp object prohibited in carry-on bags by the Transportation Security Administration (Sharp Objects | Transportation Security Administration).

  • Any other object that could potentially be misused in a way that compromises safety or enables unauthorized activities.

• Expulsion means the exclusion of a learner, including one enrolled in an alternative education program, from school for insubordination, habitual indolence, disorderly conduct, or any other policy violation or state law violation giving rise to expulsion consideration for up to twelve months. A learner bringing a firearm onto school property must be expelled for at least one year, but the Superintendent may modify the expulsion on a case-by-case basis based on criteria in policy FFD-AP, Possessing Weapons. A procedural due process hearing must be provided to the learner in accordance with law and district regulation before the determination to expel a learner is made.
• Firearm means, as defined in 18 USC 921, (1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device.  The term does not include an antique firearm.
• School property is defined in NDCC § 15.1-19-10(6)(c) as all land within the perimeter of the school site and all school buildings, structures, facilities, and school vehicles, whether owned or leased by a school district, and the site of any school-sponsored event or activity.
• Suspension includes in-school suspension from classes and out-of-school exclusion from classes, school property, and activities.

Suspension/Expulsion Authority

The Board hereby delegates to the Superintendent and each principal the authority to deal with disciplinary problems in their school, including suspension and recommendation for expulsion of a learner. Suspension shall not be imposed beyond the maximum duration permitted by law.

The Board designates the Superintendent or designee to serve as the hearing officer for expulsion hearings unless not qualified to serve as defined in administrative regulations. In such cases, the Board shall appoint an alternative hearing officer.

The hearing officer may expel a learner for conduct that violates this policy, after providing notice and a hearing, as set forth in board regulations. When the hearing officer is someone other than the West Fargo School Board, the learner may seek a review of the hearing officer's expulsion decision by the Board based on the record of the hearing.

When determining the duration of the expulsion, the District shall consider the severity of the infraction, the learner’s age, and the learner’s disciplinary history. If the learner satisfies the conditions for reinstatement established by the District, if any, the District may review and reduce the duration of the expulsion. Expulsion shall not be imposed beyond the maximum duration permitted by law.

Suspension or Expulsion of Learners with Disabilities

The District shall comply with the provisions of the Individuals with Disabilities Education Act when suspending or expelling a special education learner. The District shall not expel any learner with a disability when the learner's particular act of gross disobedience or misconduct is a manifestation of the learner's disability. Education services must continue for IDEA eligible learners who are expelled.

The District is not required to refer a regular education learner who has been suspended or expelled for violation of school rules and/or district policy for special education assessment and evaluation to determine if such a learner might have a disability. A suspended regular education learner is not entitled to the reinstatement of school privileges pending any assessment and evaluation that is to be made during the term of the learner's suspension.

Adopted: 07/08/91

Reviewed:

Revised: 03/08/93, 05/22/95

10/26/98, 10/23/00

01/26/09, 06/27/17,

07/28/25

11/25/25