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Due Process Procedures

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Due Process Procedures

Suspension and Expulsion Procedures

Suspension and Expulsion of Students with Disabilities
 

Due Process Procedures for Investigation of Incidents and Parent Notification Regarding the Suspension/Expulsion of Students

When a student is sent to the principal or designee for any disciplinary action or conference concerning an incident, the steps listed below must be followed. These guidelines for disciplinary action constitute a hearing for the student and represent the due process procedures that are required.

The Principal or Designee:

  • Advises the student of the charge(s).
  • Advises the student of the facts on which the charge(s) are based.
  • Gives the student an opportunity to respond to the charge(s) and to provide his/her version. The student is asked to give a written or verbal statement concerning the incident.
  • Provides written verification of the proposed disciplinary action (including a written statement of appeal procedures) to the parent(s)/guardian.
  • Makes every effort to notify the student's parent/guardian by telephone, if action is going to be taken immediately to suspend the student based on the guidelines in the student's Rights and Responsibilities Handbook.
  • Provides written notification of the action taken to the Youth Development Department.

Whenever the due process procedures provide that a principal may act on a discipline matter, the principal's designee may also act on such matter. If a designee makes a discipline decision, and these procedures mandate that an appeal is to be considered by the principal, the appeal may proceed to the next step if the principal is not available to consider the appeal.
Students whose presence poses a continuing danger to persons or property or an ongoing threat of disruption may be removed from school immediately. The notice of the charges, explanation of facts and opportunity to present his/her version of what occurred, shall be provided as soon as practical thereafter.

For purposes of Due Process Procedures, "days" mean calendar days unless otherwise specifically noted. For example: "within (3) school days after receipt" means if the principal receives the appeal notice on Monday, the principal's written
response must be received by the parent on the following Thursday. After the regular school year has officially ended, "school days" means school administrative office working days.

Download the Due Process Procedures for more detailed information.