Rules of Procedure in Hearings Before the Board of Education on Suspension and Expulsion Matters
- Students or students' parents/guardians may request a hearing before the Board to contest any suspension in excess of ten (10) school days. The request will be addressed to the Superintendent who will review all matters concerning the suspension.
- No student may be expelled until this matter is reviewed in a hearing before the Board of Education.
- The parent/guardian may represent their student or may retain an attorney to act as a representative in the defense of the student. The representative will have the right to present witnesses, question any and all witnesses as herein provided, and make a statement and offer exhibits on the nature of the evidence and disposition of the case. If the parent/guardian elects to have the student represented by an attorney at the hearing, the parent/guardian shall notify the Superintendent of such representation at least twenty-four hours prior to the scheduled time of the hearing.
- Prior to the hearing, the parties, or their attorneys, may examine at the Board Office the discipline report and all related records.
- Upon the request of any party, the Superintendent shall submit for review at the hearing the student's behavioral and academic record. If necessary, the information contained in such record may be explained and interpreted by a person trained in its use and interpretation. All parties shall be instructed to respect the confidentiality of all such records and information.
- At the hearing, the Board may consider a student's record of past disciplinary actions, criminal court records, juvenile court records, and any actions of the student which would be criminal offenses.
- The parties may present evidence concerning the charges and make such showing by way of affidavits, exhibits, and witnesses as they may desire. Before testifying, witnesses shall be sworn.
- The President of the Board of Education, or the Chairman of the designated committee of the Board, shall have full charge of the hearing and shall have the authority to direct its proceedings and to control the conduct of all persons present in accordance herewith. Such authority shall include the limitation of questioning that is unproductive, lengthy, or irrelevant. The Board may invoke reasonable limitations on the number of witnesses.
- The hearing shall not be open to the public. In addition, the Board may set reasonable limitations on the number of people present during the hearing.
The Board shall also have the right to exclude any person or persons if it shall determine that the hearing is being disrupted by any such person.
Hearings may be attended only by members of the Board of Education, the Superintendent of Schools, the School Board attorney, the principal, the student, the parent/guardian and their representatives. Witnesses may be present only when giving information at the hearing. With parent/guardian permission, the student may be excluded at times when the student's psychological or emotional problems are being discussed.
- A record shall be made of any information presented at the hearing. Statements and other written matter presented shall be kept on file by the District.
- As soon as practicable after the hearing, the Board shall make its decision and transmit the same in writing to the parties and the Superintendent.
The Board or its committee shall decide by majority vote whether the student has engaged in the misconduct charged by District administrators. The decision will be based solely on the evidence presented at the hearing and must include findings of fact on which the decision rests.
