Unless a parent, custodian or the student, if at least eighteen years of age, waives in writing any right to a hearing before the board of education as provided under RSMo 167.161(1), no student may be permanently expelled from school without a prior hearing before the full Board or, at least, a quorum of the Board. Such a hearing shall generally be considered a contested case pursuant to Chapter 536 of the Missouri Administrative Procedures Act and therefore not subject to de novo review. A decision to expel a student requires the vote of a majority of those Board members present.
Due process for expulsion of students shall include the following:
- Board action shall begin with a written notification of the charges against the student, which shall be delivered by certified mail to the student, his/her parent/guardian, or others having his/her custodial care. Such notification will include charges, contemplated action, and time and place of a hearing on such charges and that the student, parent/guardian, or others having custodial care shall have the right to attend the hearing and to be represented by counsel.
- The hearing will be closed. At said hearing, the Board of Education or counsel shall present the charges, testimony, and evidence deemed necessary to support the charges. The Board will expect the principal in each case to be present and make oral and written reports and statements concerning the student's misconduct. The student, parent/guardian or others having custodial care, or counsel, shall have the right to cross-examine witnesses presented in behalf of the charges and to present testimony in defense thereagainst.
- At the conclusion of the hearing or in an adjourned meeting, the Board of Education shall render its decision to dismiss the charges, suspend the student for a specified time, or expel the student from the schools of the District. Prompt written notice of the decision shall be given to the student, parent/guardian or others having custodial care, and counsel, if applicable.
