Any student facing a suspension or expulsion will be provided basic due process as a legal safeguard to protect the constitutional rights of the student and his or her parents/guardians
As soon as possible, following an alleged violation, initiate basic due process
- The principal or designee investigates an allegation, provides notice to the student if the allegation is found to be valid, explains the evidence and gives the student a chance to present their side.
- Principals may immediately remove a student whose presence poses a continuing clear and present danger to persons or property or disruption of the academic process.
Conclude basic due process within 1-2 school days
- After reviewing the facts, principals may impose non-exclusionary discipline or a short-term suspension (1-10 school days) or, if warranted, may begin the process for a long-term suspension (11-180 school days) or expulsion.
- A principal must impose a "short-term pending long-term suspension" when they begin the process for a long-term suspension or expulsion.
Notice of suspension to parent on the first day; meet with parent/guardian, if possible, the first or second day.
- The principal or designee calls the parent/guardian, gives the notice of suspension to the student, and sends a copy to the parent on the 1st day of suspension.
- Parents/guardians may meet with the principal within the 1st or 2nd day of the suspension. The principal may offer an abeyance contract or parent/guardian may appeal the decision to the Assistant Superintendent with 3 school days.
- If appealed, the Assistant Superintendent or designee must review the decision within 3 school days, affirm or reduce the discipline, and notify the parent/guardian/principal as soon as possible.
Students Rights including the right to representation by a parent/guardian and/or legal counsel (parents or guardians can be present at all proceedings)
- Reasonable access to evidence and the student’s records at least two days prior to the hearing.
- To be free from having to present evidence against themselves.
- To present favorable evidence and witnesses; and to question evidence and witnesses at the hearing.
- To have the testimony presented and saved.
- To have an interpreter present, if one is necessary.
- To waive any or all rights once they are made known.
District policy provides protections for students facing a long-term suspension or expulsion. If a principal recommends expulsion, the District must follow procedures outlined in Regulation JK-R3.
Notice of suspension and hearing to parent/guardian by the third school day of the short-term suspension.
- At the beginning of the process for a long term suspension, the principal/assistant principal must send the notice of suspension and hearing to the parent/guardian by the third school day of the short-term pending long-term suspension.
- On or before the day the notice is sent, the principal/assistant principal must make a reasonable attempt to communicate verbally to the parent/guardian and student about the content of the notice.
Hearing and appeal procedures and timelines
- Formal Hearing by the 10th school day of the short-term pending long-term suspension.
- Principal or designee must send the decision within 3 school days.
- Parent/guardian may appeal within 3 school days of receipt; the Assistant Superintendent or designee must review within 5 school days and notify the parent/guardian/principal as soon as possible.
- The parent/guardian may further appeal to Governing Board within 5 school days from receiving notice.
- Board must decide within 10 days after reviewing the record.