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Gateway USD |  E  5144.1  Students

Suspension And Expulsion/Due Process   

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GATEWAY UNIFIED SCHOOL DISTRICT

SETTLEMENT AGREEMENT AND STIPULATION

FOR EXPULSION AND SUSPENSION OF EXPULSION

This settlement agreement and stipulation for expulsion (hereafter "Agreement") is entered into by and between the Gateway Unified School District (hereafter "District") and __________ (hereafter "Student"), by and through his/her parent(s), __________ (hereafter "Parent(s)").

RECITALS

1. Charges:

[Describe charges against student with detail and particularity. Also, cite what section(s)/subdivision(s) of the Education Code the student has violated.]

2. Resolution:

The District has determined that it is in the best interests of the District and Student, in light of his/her admission that he/she violated Education Code, section(s) __________, subdivision(s) __________, to allow the parties to resolve this matter by way of a Stipulated Expulsion.

AGREEMENT

NOW THEREFORE, IN CONSIDERATION OF THE ACTS AND PROMISES CONTAINED HEREIN, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

1. Grounds for Expulsion:

For the purpose of this matter only, there are sufficient grounds to support Student's expulsion as currently charged, and Student admits to violating Education Code section(s) __________, subdivision(s) __________. Student's Parent(s) agrees that sufficient grounds exist to expel Student, as long as the expulsion order is suspended.

2. Prior Discipline:

Student and his/her Parent stipulate and agree that Student has had prior discipline referrals while attending __________ School. [Delete this paragraph if it is not applicable.]

3. Due Process and Hearing Waiver:

Student and his/her Parent hereby stipulate and agree that Student has been provided full and complete procedural due process as required by California Education Code sections 48900 et seq. Student and his/her Parent agree to waive all other disciplinary expulsion and post-expulsion rights including, but not limited to, his/her right to appeal and his/her right to reapply for admission to District schools.

4. Approval of Governing Board:

This Agreement is subject to approval by the District's Board of Trustees.

5. Suspension of Expulsion: [Optional paragraph]

Enforcement of any expulsion order resulting from the allegations contained in the Notice of Administrative Hearing on Recommendation of Expulsion dated __________, and the Incident Report dated __________, shall be suspended for the remainder of the __________ school year; provided the Student agrees to participate in the Rehabilitation Program set forth in Paragraph 6, below.

During the period of the suspension of the expulsion order, Student shall be deemed to be on probationary status subject to revocation by the Board of Trustees. Because of the Charges in Paragraph 1 above, Student shall not return to __________ School.

If the conditions of the suspended expulsion and Rehabilitation Program are not met, the expulsion will be invoked immediately.

6. Rehabilitation Program: [Optional paragraph]

Student's Rehabilitation Program shall be for the remainder of the __________ school year and shall include the following:

a. Enrollment, consistent participation, regular attendance, and successful completion of the academic requirements of an educational program, supported by a record of satisfactory grades and academic credit. Student will enroll in and attend __________ School unless Parent(s) chooses to enroll Student in an alternative program at Parent's cost.

b. A behavior record indicating no infraction of school rules and regulations which would be grounds for suspension or expulsion.

c. [Rehabilitation Programs may also include, but are not limited to, counseling, community service and drug treatment.]

7. Assessment for Special Education

[Delete this paragraph if it is not applicable.]

8. Revocation of Suspension of Expulsion Order: [Optional paragraph]

The suspension of the expulsion order set forth above may be revoked by the District's Board of Trustees, in its sole discretion, upon any of the following events:

a. The Student's commission of any of the acts enumerated in California Education Code section 48900, et seq.;

b. Any violation by the Student of the Gateway Unified School District's rules and regulations governing student conduct; and

c. Failure to complete any part of the Rehabilitation Program.

9. Expungement: [Optional paragraph]

Upon the satisfactory completion of the Rehabilitation Program, the Student's records shall be expunged of any reference to this expulsion. [This is an optional but typical provision.]

10. Alternate placement [If expulsion is not suspended]: After approval of this Agreement by the Board of Trustees, Student shall be referred for academic placement in __________ [insert placement].

11. Approval of Agreement:

This Agreement is effective upon execution by all parties and approval by the District's Board of Trustees.

12. Entire Agreement:

This Agreement constitutes the entire understanding and agreement among the parties and supersedes all previous negotiations, understandings and preliminary agreements, whether written or oral, among them.

Neither this Agreement nor any of the terms hereof may be amended, modified, altered, waived or terminated except by a written instrument approved by the District's Board of Trustees.

By signing this Agreement, both the Student and his/her Parent(s) stipulate and agree that (1) they have done so voluntarily; (2) they have received a complete copy of all District student discipline policies; (3) they have had sufficient time to read such policies and knowingly waive all formal hearing, appeal, and alternative placement rights; (4) they agree that because of the admission by Student as referenced above, that a formal expulsion hearing is unnecessary; (5) they understand that the discipline and conditions as recommended for Board of Trustees approval are appropriate; and (6) they have been fully made aware of their rights afforded by law and have freely executed this Agreement.

13. Signing in Counterparts:

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Dated:____________________________ _____________________________________

Name Student

Dated:____________________________ _____________________________________

Name Parent

Dated:____________________________ _____________________________________

Name Parent

GATEWAY UNIFIED SCHOOL DISTRICT

Dated:____________________________ By________________________________________

Superintendent

Exhibit GATEWAY UNIFIED SCHOOL DISTRICT

version: October 10, 2012 Redding, California