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On November 2, 2018, certain provisions of HB 318 will go into effect that will impact how schools handle out-of-school suspensions (OSS) and expulsions. Below are the key highlights for ALL building administrators. Following this information, there is more information pertaining to those administrators working with grades PK-3.
General Provisions
1. Districts are NOW REQUIRED to permit a student to complete classroom assignments missed during both in-school suspension (ISS) and OSS; it should be noted that Board Policy has already required this, so this should not be a change in current procedures.
2. “In-school suspension” is now defined as a suspension served in a “supervised learning environment within a school setting” (see Division (K) of Section 3313.66 of the Revised Code). Additional information will be forthcoming. It should be noted that for elementary administrators, PEAK meets this definition.
3. The definition of a “knife” has been clarified as being “a knife capable of causing serious bodily injury” (see Division (B)(3) of Section 3313.66 of the Revised Code). For your purposes, this means a knife that has a blade of 2.5 inches or greater; it does not include plastic knives.
Emergency Removals, Suspensions, & Expulsions
It is important to establish common definitions in this area before discussing the changes that will be going into effect on November 2. For purposes of Ohio law, an “emergency removal” is one in which a student’s “presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place” and the removal is made “without the notice and hearing requirements” established under law (emphasis added; see Division (C)(3) of Section 3313.66 of the Revised Code).
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The Columbus City School District does not discriminate based upon sex, race, color, national origin, religion, age, disability, sexual orientation, gender identity/expression, ancestry, familial status or military status with regard to admission, access, treatment or employment. This policy is applicable in all district programs and activities.
Provisions Specific to Grades PK-3
As a key component of HB 318 is the reduction in out-of-school suspensions and expulsions, for students in grades PK-3, there are several provisions related specifically to these grade levels. Of immediate note, however, are the following changes.
1. The emergency removal of a student in grades PK-3 is now PERMITTED for the remainder of the school day WITHOUT a hearing provided the student be allowed to return the next school day. These removals will need to be recorded in Infinite Campus in both the attendance and behavior modules.
2. There are also limitations on pursuing an OSS or expulsion for students in grades PK-3 for which an emergency removal is made (see above for definition). Under the Act, no action may be taken towards a suspension or expulsion for the same incident for which the student was removed unless:
a. it is a serious and specific offense (ONLY guns, knives, serious bodily injury/harm, or bomb threat) for which suspension or expulsion is statutorily required or permitted; or
b. it is an offense for which the district or school determined suspension or expulsion was necessary “to protect the immediate health and safety of the student, the student’s fellow classmates, or the classroom staff or teachers.” This term will be defined via an upcoming Administrative Guideline.
For example, if an administrator utilizes an “emergency removal” for a PK-3 student for insubordination, that same student could not be given an OSS for that offense as it would not be compliant with Ohio law; however, the student may be given an immediate suspension for that offense. Again, the distinction between “emergency removal” and “immediate suspension” is critical, as for a student in these grade levels, certain behavioral resolutions may be unavailable to administrators depending upon the offense and whether or not the student is subject to an “emergency removal.”
While there are additional changes contained in the legislation, those provisions do not go into effect until after November 2, 2018. Additional information will be forthcoming
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FREQUENTLY ASKED QUESTIONS
PK - 3
Q: Under what circumstances can Pre-K -3 students be suspended?
A: The only reason Pre-K - 3 students can be suspended are as follows:
Bringing a firearm
Bringing a knife capable of causing serious bodily injury (2 1/2 inches or greater, not including plastic knives)
Committing an act that is a criminal offense when committed by an adult and that results in serious physical harm
Making a bomb threat
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The procedures to follow for this type of resolution are:
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Q: Is there a behavior letter required for Pre-K - 3 Third removal to the end of the day only?
A: There is no behavior letter requirement for the
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PreK to 3rd Emergency Removal: Remainder of School Day resolution.
Q: What behavior resolution type is used for Pre-K removals that will not have a suspension assigned assigned?
A: Resolution: PBIS - Pre-
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to 3rd Emergency Removal: Remainder of
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School Day with the Attendance Code: RMV
Q: Can ES still use Hearing (student removal)?
A: Yes. A student can still be removed using this resolution until the end of the day
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Letters
Removals that need a 2nd resolution
homework form & codes
RMV - Changed to Emergency Removal
Removals:
Removals went from “removal” to “emergency removal”.
RMV new name is “emergency removal”.
Attendance associated with “emergency removal” has gone from excused (exc) to unx. It is excluded from HB410 and habitual truancy count
Out of school suspension went from 2 codes to 1. PBIS Out of School suspension. This is absent unx. All students get homework. The homework counts towards academic completion and grades, but will not affect attendance. Even if the homework is done the absence stays abs unx.
OSW is gone. We only use OSS. OSS has gone from absent exempt to absent unexcused
Date change for OSS was 11/14
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