BASD school board issues statement following public outcry regarding expulsion
(Editor’s Note: The following was submitted by Bellefonte Area School District Board President Jon Guizar following public outcry regarding the expulsion of a senior at Bellefonte Area High School. This letter is printed in its entirety and includes a leading statement by Guizar.)
The Bellefonte School District Board of Directors is offering this public statement to address recent concerns regarding a board action that has generated significant public attention.
While we are unable to correct or clarify every aspect of public perception surrounding this matter, we believe it is important to be transparent about the law, the processes we follow and the best practices we have established to ensure due process in every case that comes before us.
We genuinely appreciate the concern, engagement and commitment of our community. It is our hope that this statement helps provide a clearer understanding of the level of detail, care and legal guidance that informs each step of our decision‒making.
Our work is grounded in the principles that safeguard fairness, uphold our responsibilities and support the success and well‒being of every student at every stage of their educational journey.
Dear Members of the Bellefonte Area School District Community,
We recognize that our community cares deeply about the students in our schools and that concern for a young person’s future is a reflection of the values we share. It is precisely because we share those values that every student facing disciplinary action receives the full protection of due process, a qualified and impartial hearing examiner and a thorough review of all facts. That same commitment to fairness, and to law, also requires that we protect the confidentiality of those proceedings, even when doing so prevents us from fully explaining our decisions to the public.
In recent days there has been a public outcry for reconsideration of disciplinary actions.
While we greatly appreciate the concern and engagement the community has shown, we must state that we cannot and do not publicly comment on individual student disciplinary matters.
Additionally, any public action taken by the board is always done in a manner that preserves confidentiality. These actions are heavily rooted in federal law under the Family Educational Rights and Privacy Act (FERPA). This federal law protects the privacy of student records and grants only parents and certain students the right to control access to those records.
It is important to understand that the confidentiality requirements of FERPA do not selectively protect students. They equally prevent the district from sharing facts, evidence or findings from the hearing record that would provide full context for any decision, even when that context would demonstrate why a particular sanction is appropriate.
The community is therefore seeing an incomplete picture, and we are legally prohibited from completing it.
In recent days, it has come to our attention that a specific version of events has circulated publicly and that many community members have formed strong opinions based on that account. We ask the community to consider that the hearing process in every case produces a detailed evidentiary record. Trained legal professionals review all available facts and the board acts on that full record, not on any single characterization of an incident. When a decision departs from the most severe / lenient outcome available, it reflects that the full record, which we cannot share, supports that result.
With regard to weapons on school grounds or at school events, we believe it is helpful to provide a general outline of the procedures we follow.
Transparency about our policies and the consistent application of due process strengthens trust in our system. The following is offered to provide better insight into the law, our process, the factors considered and the overall best practices used when determining any leniency offered relative to the state-required minimum sanction of one year expulsion.
THE LAW
Section 1317.2. Possession of Weapons Prohibited — (a) Except as otherwise provided in this section, a school district or area career and technical school shall expel, for a period of not less than one year, any student who is determined to have brought onto or is in possession of a weapon on any school property, any school-sponsored activity or any public conveyance providing transportation to a school or school-sponsored activity. ((a) amended Oct. 30, 2019, P.L.460, No.76) District Policy 218.1 mirrors Section 1317.2: The Board prohibits students from possessing and bringing weapons and replicas of weapons into any district buildings, onto school property, to any school-sponsored activity and onto any public vehicle providing transportation to or from school or a school-sponsored activity, or while the student is coming to or from school.
The board shall expel for a period of not less than one (1) year any student who violates this weapons policy. Such expulsion shall be given in conformance with formal due process proceedings required by law and board policy. The superintendent may offer modifications to the one-year expulsion on a case-by-case basis.
It is important to note that Pursuant to Policy 218.1 and state law, school-sponsored activities and away events are treated as extensions of the school environment. Any conduct at such events is therefore part of a student’s complete behavioral record and is considered in any disciplinary review.
These requirements are repeated in the student handbook. Beginning in kindergarten, students are repeatedly informed that they cannot bring weapons onto school grounds or to school events. Also, with events like Law Day and others, students are reminded ahead of time to be sure they don’t have weapons or drugs in their possession.
Any student facing expulsion must have a formal hearing as outlined in 22 Pa. Code Section 12.8. For the last several years, in an attempt to be fair, consistent and compliant, our district has opted for such hearings to be held before a qualified hearing examiner appointed by the Board. To be consistent, Bellefonte has used the same hearing examiner for all hearings since 2021.
THE PROCESS
The administration first presents the case and recommends a one-year expulsion, as required by state law and district policy. Building-level administration does not have discretion in this recommendation when there is a weapons issue. Next, the student, parent or student attorney presents their testimony, evidence, and witnesses.
The superintendent, who does have discretion, then considers whether to support the building-level recommendation or offer some modification. Finally, the hearing examiner considers all of the evidence and the various recommendations and provides a written recommendation to the board.
The board can accept the recommendation or apply a more or less severe sanction.
Since the board appointed an independent hearing examiner for cases involving drugs and weapons on school grounds or at school events, the examiner has applied a hybrid model of traditional accountability and restorative practices when making recommendations to the board. In every case since appointing a hearing examiner, the board has reviewed the full evidentiary record and has accepted the recommendations brought forth by the examiner. In cases where the hearing examiner has recommended a modification to the statutory one-year minimum, those modifications reflected specific mitigating circumstances present in those cases, including first offenses, full cooperation and honesty by the student and family, demonstrated remorse, and the absence of prior related conduct. Modifications are not automatic, they are earned, and the degree to which mitigating factors are present, or absent, directly shapes the examiner’s recommendation and the board’s subsequent action. Historically, the final recommendation has been far less than the one year requirement.
OUR HYBRID DISCIPLINARY
APPROACH: TRADITIONAL
ACCOUNTABILITY + RESTORATIVE
JUSTICE BEST PRACTICES
The board, which includes our superintendent, endorses a thoughtful hybrid model that combines strong traditional due process and mandated consequences with Restorative Justice (RJ) and Restorative Practices (RP). This approach represents best practice in modern education: it upholds safety and accountability while promoting repair, growth and community reintegration wherever appropriate.
In this hybrid model, due process and structured hearings remain central. Hearings are conducted by a qualified hearing examiner who reviews all evidence, administrative recommendations and all relevant factors. Among the most significant factors the hearing examiner weighs are the student’s candor and honesty throughout the process, the conduct of all parties during the investigation and the full behavioral history of the student, including any prior incidents regardless of whether those incidents resulted in formal discipline. A student who is forthcoming, cooperative, and demonstrates genuine accountability is in a fundamentally different position than one whose record or conduct during the process raises additional concerns. Other factors include whether the incident was intentional or inadvertent, the student’s behavioral history, context, age and future plans.
Restorative Elements are thoughtfully integrated to repair harm and support long-term behavioral change. These may include re-entry processes, accountability agreements, counseling and more, especially for modified sanctions or when a student returns to school.
Consistency with Compassion: During the consideration of modifications, a review of historical precedents for fairness is conducted alongside consideration of unique circumstances. Seniors, for example, may face restrictions on events but remain eligible to graduate if academic requirements are met. Near the end of the school year, remaining calendar days are also factored into sanctions.
This hybrid approach aligns with successful models used in districts across Pennsylvania and the nation. Research shows that well-implemented restorative practices, layered with clear boundaries for safety violations, can reduce repeat incidents, improve school climate, strengthen relationships and support better academic and social outcomes.
OUR ONGOING COMMITMENT TO THE STUDENTS AND OUR
COMMUNITY
The board, superintendent, and staff remain dedicated to the following principles:
— Clear communication of policies, including repeated instruction to students from kindergarten onward.
— Equitable application of discipline, informed by the complete evidentiary record in each case.
— Continuous review of practices to balance safety, accountability, and restoration.
— Exploring expanded training in restorative practices to enhance our hybrid model.
While we recognize that this does not address the specific concerns raised or the incomplete information circulating on social media, we do hope that being transparent about the process followed in all cases offers some measure of reassurance. Every step taken in these proceedings reflects a commitment to fairness, to the law and to the long-term wellbeing of our students and community. We value community input and partnership in helping to instill good moral character in our students to ensure their success as they move to the next chapter of their lives. Together, we can foster a district where every student learns responsibility, experiences fairness and has the support needed to thrive.
Thank you for your continued engagement in supporting the success and safety of all BASD students.
