Agenda Item
Meeting Date: 8/13/2020 - 5:30 PM
Category: ITEMS OF BUSINESS
Type: Action
Subject: 2. Action on Request for Adoption of a Resolution, under Section 119.25 of the Wisconsin Statutes, to Delegate the Board's Expulsion Authority to Independent Hearing Officers
Strategic Plan Compatibility Statement:
Goal 3
Effective and Efficient Operations
Policy: Admin Policy 8.33 - Student Expulsion: Independent Hearing Officer
Attachments: Expulsion Summary Data
Expulsion Statistics
File Attachment:
Expulsion Summary (2019-2020).pdf
Expulsion Statistics (2019-2020).pdf
Background: On July 30, 2020, the Administration presented the following item for the Board's approval at its Regular monthly meeting. The Board directed that this item be sent to to the Committee on Student Achievement and School Innovation for further discussion and action.

Section 119.25 of the Wisconsin Statutes allows the Board to adopt a resolution authorizing the use of either an Independent Hearing Panel or Hearing Officers appointed by the Board to hear and decide student expulsion cases. The resolution is effective for the school year for which it is adopted.

At its meeting on August 28, 2008, the Board approved revisions to Administrative Policies 8.32 and 8.33 to authorize the use of Independent Hearing Officers to hear and decide student expulsion cases.

For the 2019-20 school year, the Board adopted a resolution authorizing the use of Independent Hearing Officers who are non-district employees (as suggested by the City Attorney) to hear and decide expulsion cases.

For the 2020-21 school year, the Administration is recommending the continued use of Independent Hearing Officers to hear and decide student expulsion cases. The Department of Student Services will continue to provide training for the Independent Hearing Officers to ensure that all Independent Hearing Officers understand their role, responsibilities, and options.
Fiscal Impact Statement: Approval of this item does not authorize expenditures. The primary cost of processing student expulsion cases is the transcription services and the cost of the Independent Hearing Officers. These costs were previously approved in the FY 2021 budget for the Department of Student Services.
Implementation and Assessment Plan
Recommendation: The Administration recommends that the Board adopt the following resolution:
RESOLVED, That for the 2020-21 school year, student expulsions from the Milwaukee Public Schools shall be ordered by an Independent Hearing Officer; and be it FURTHER RESOLVED, That the Administration implement the behavior reassignment option, whenever possible; and be it
FURTHER RESOLVED, That the same due process procedures as were used in 2019-20 be followed when hearing all cases of student expulsions; and be it
FURTHER RESOLVED, That the Independent Hearing Officer may impose one or more early reinstatement conditions under which a student who is expelled from school may be reinstated to school before the end of his or her expulsion. The reinstatement condition may be a condition a student is required to meet before he or she may be granted reinstatement, or a condition that the pupil is required to meet after his or her early reinstatement. The early reinstatement conditions must be related to the reasons for the student’s expulsion and be stated in the expulsion order; and be it
FURTHER RESOLVED, That the Independent Hearing Officer in all expulsion cases provide educational services to expelled students at an MPS alternative/partnership school or online academic support; and be it
FURTHER RESOLVED, That the expelled students shall be reinstated to the Milwaukee Public Schools through the Department of Student Services in the manner described in Wisconsin Statute 119.25.
Approvals:
Recommended By:
Signed By:
Matthew Boswell - Senior Director
Signed By:
Katrice Cotton, Ed.D. - Chief School Administration Officer
Signed By:
Keith Posley, Ed.D. - Superintendent