Due Process

Due Process

Before student consequences, there are specific procedures that must be followed.

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.

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

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

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

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;

  • Brief description of the hearing procedure;

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

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

  • Statement indicating the right to review student records

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