Support Services » Due Process

Due Process

Due Process

When a student is confronted with disciplinary action, the board and its administrators shall afford him the safeguards of due process as required by applicable law.

In any case, the student must be made fully aware of his rights and must be given an opportunity to present his side of the case prior to any action being taken by school officials.

The superintendent of schools and the principal of a school shall have the power to suspend a pupil for good cause or for any reason for which such pupil might be suspended, dismissed or expelled by this school board. However, such action of the superintendent or principal shall be subject to review by, and the approval or disapproval, of this school board. If the parent, guardian or custodian that is court or Department of Human Services appointed of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or custodian that is court or Department of Human Services appointed shall have the right to a due process hearing.The parent or guardian of the child shall be advised of this right to a hearing by the superintendent or principal and the proper form shall be provided for requesting such a hearing.

LONG TERM STUDENT SUSPENSION OR EXPULSION

A student shall be subject to suspension for any period in excess of ten (10) school days for violations of school rules or for any other act of misconduct for insubordination, only by action of the Board of Education. Decision to suspend a student for more than ten (10) days shall come only after the student has been afforded notice, opportunity for hearing, and other procedural rights consistent with state and federal due process requirements.

A student shall be subject to suspension for any period in excess of ten (10) school days only by action of the Board of Education after the student has been afforded notice, opportunity for hearing and other procedural rights hereinafter prescribed prior to such suspension or expulsion becoming effective. Such suspension may be administered by the Board of Education notwithstanding that the student was previously suspended by the superintendent or other official under Short Term Suspension.  Where suspension under this policy is proposed to be administered, the Board of Education or its superintendent or other authorized official shall cause a notice to be given to the student and his parents (or other person standing in loco parentis), either in person or by United States mail directed to their last known address, which notice shall include:

1. A copy of the rule allegedly violated and a description of the acts of the student alleged to have violated the rule.

2.The names of the witnesses and a summary of the evidence expected to be used in support of the charges.

3. The maximum penalty which may be administered for the alleged misconduct.

4. A tentative time and place for the hearing.

5. A copy of these hearing procedures.

6. A statement that before long‑term suspension or expulsion can be invoked the student has a right to a hearing which may be waived if he and his parent, guardian or custodian that is court or Department of Human Services appointed agree to forego it by furnishing the principal a signed statement to that effect. The student and his parent, guardian or custodian that is court or Department of Human Services appointed shall notify the school within twenty‑four hours after receipt of notice as to whether they will waive the hearing. If notification is not received, the hearing schedule will be observed.

7. A statement that the student is entitled to a hearing process upon request.

8. A copy of the student's current educational record.

CONDUCT OF THE HEARING ‑ LONG TERM SUSPENSION OR EXPULSION

Record of the Hearing: The school board shall provide a court reporter to transcribe the evidence and proceedings in substantially the same manner as civil trials in the superior court. The burden of proof shall be on the Board of Education and it shall be entitled to open and conclude the proceedings.

Examination of Witnesses: Members of the board and the principal, the school system's attorney, the student or his parent, guardian or custodian that is court or Department of Human Services appointed or his legal representative, may question witnesses (witnesses include the principal and the student) about any matters logically relevant to the charge against the student and the proper disposition of the matter. The President of the Board of Education has authority to limit unproductively long or irrelevant questioning by non‑board members.

EXPULSION

The Board may expel a student for conduct that disrupts the educational process or endangers the health or safety of the student, his classmates, or school personnel.

Prior to final action, the Board and its administrators must follow the requirements of due process.

1. The district must forewarn the student of the type of conduct that will subject him to expulsion through written and posted rules and regulations.

2. The district must give the accused student and his parent, guardian or custodian that is court or Department of Human Services appointed written notice of the charges against him and the nature of the evidence supporting those charges.

3. The district must inform the student in writing where and when the hearing will take place at least five (5) days prior to said hearing.

4. The district shall inform the student of his procedural rights to the hearing.

5. The Board shall conduct a hearing in accordance with the basic principles of due process.

STUDENTS WITH A DISABILITY: Students with a disability are responsible for adhering to the same rules of conduct as regular students. A student with a disability may be suspended for a maximum of ten (10) days, if it can be shown that the reason for such suspension is not related to the handicapping condition. Multiple suspensions for the same incident or act are prohibited. In each case, prior to any suspension, the student's IEP shall be revised. The special education director or his designee should be contacted immediately when a special education student commits a violation of the rules of conduct which may result in the removal from the classroom by suspension or expulsion.