Due Process

Before a student may be suspended or expelled from school, there are specific procedures that must be followed. Except when emergency removal is warranted, a student must be given at least oral notice of the charges against him/her and the opportunity to respond prior to the implementation of a suspension. When emergency removal has been implemented, notice and opportunity to respond shall occur as soon as reasonably possible. The Principal or other designated administrator shall provide the opportunity to be heard and shall be responsible for making the suspension decision. An appeal may be addressed to the Principal whose decision will be final for suspensions up to five (5) days. The appeal can advance to the Superintendent or designee for suspensions over five (5) days. The Superintendent's decision will be final.

Suspension from School

When a student is being considered for a suspension of 10 days or less, the administrator in charge will notify the student of the charges. The student will then be given an opportunity to explain his/her side and the administrator will then provide the student the evidence supporting the charges. After that informal hearing, the principal will make a decision whether or not to suspend. If a student is suspended, she/he and his/her parents will be notified within one (1) day, of the reason for and the length of the suspension. Within two (2) school days after receipt of the suspension, the suspension may be appealed. However, suspension from co-curricular and extra-curricular activities may not be appealed.

The appeal shall be conducted in a private meeting and the student may be represented. Sworn, recorded testimony shall be given. If the appeal is heard by the Board of Education, the hearing is governed by the Open Meetings Act. Under the Open Meetings Act, the hearing must be public unless the parents request that the meeting be conducted in a closed session.

Other Suspension Factors

• The student is allowed to remain in school unless safety is a factor.

• If that is the case, the student shall be immediately removed under the Emergency Removal Procedure. The student shall not be allowed to remain in school.

• When a student is suspended, s/he may make-up work missed while on suspension.

• Suspensions will not count towards a student’s excused/unexcused absence total

• A student being considered for suspension of more than 10 days will be given due process as described in the expulsion section below.

Appeal

Suspension of five (5) school days but not more than ten (10) school days may be appealed in writing to the Principal within two (2) school days of the parents' receipt of the written suspension notice. The written appeal must contain the reason(s) that the suspension is being appealed.

a. The student shall be reinstated during the appeal process unless it is determined that the student's attendance would jeopardize the safety of the student or of others.

b. Upon review, the Principal may uphold the suspension, establish an alternative suspension of lesser severity, or reverse the suspension in its entirety. The review may include, but not be limited to, a meeting with the parents if, in the Principal's opinion, this is appropriate.

c. The Principal will reach the decision and inform the parents in writing within ten (10) school days after the receipt of the written request.

d. The decision of the Principal may be appealed in writing to the Superintendent within two (2) school days of the parents' receipt of the decision. The Superintendent will reach a decision and inform the parents in writing within ten (10) school days after the receipt of the written request.

e. The Superintendent's decision shall be considered final. The parents may appeal to the Board only in cases of alleged violation of due process (Policy 5611) by the Superintendent. In such cases, the appeal shall be made in writing to the Board President within two (2) school days after the parents' receipt of the decision and shall include a statement of the alleged violation of the policy. The Board shall notify the parents of its decision within ten (10) school days of receipt of the written request

Long-term Suspension or Expulsion from School

When a student is being considered for long-term suspension (more than 10 days) or expulsion, the student will receive a formal letter of notification addressed to the parents which will contain:

• the charge and related evidence;

• the time and place of the expulsion meeting;

• the length of the recommended suspension or a recommendation for expulsion;

• a brief description of the hearing procedure;

• a statement that the student may bring parents, guardians, and counsel;

• a statement that the student may give testimony, present evidence, and provide a defense;

• a statement indicating the right to review student records

• a statement that the student may request attendance of school personnel who were party to the action or accused the student of the infraction.