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J3420 - Step by Step Procedures

Rule: 
  1. Duties of The Principal or Assistant Principal
    When a principal or assistant principal request that a student be expelled, the principal or assistant principal shall:
    1. Notify the student and the parent or guardian in writing, by certified mail or by personal service (i.e., hand delivered), of the intent to request expulsion.
    2. Submit to the superintendent or designee a written request for expulsion, which will include:
      1. The specific charge or charges being made against the student, supported by all available facts and evidence.
      2. The name of the person charging the student.
      3. The steps taken by the school staff to alleviate the problem at the school level.
      4. If the student is a special education student, the relationship between the student's handicap and the behavior with which the student is charged. (See: Parental Rights for Special Education (K-21) Notice of Procedural Safeguards).
  2. Duties of the Superintendent or Designee
    1. Upon receipt of a request for expulsion, the superintendent or designee will:
      1. Establish a date, time, and place for a hearing.
      2. Determine who the hearing officer will be
      3. Notify the student and parent or guardian in writing, by certified mail, or by personal service, of the impending hearing. Where notice is given by personal service, the person serving the notice will file a return of service. Where notice is given by certified mail to a parent or guardian of a suspended student the notice will be placed in the mail at least five days before the date of the hearing. The notice will include:

        1. The specific charge or charges made against the student.
        2. A copy of all facts or evidence used to support the charge or charges.
        3. The name of the person or persons making the charge.
        4. The date, time, and place of the hearing and a statement that the student or parent or guardian may request a change in the date, time, or place of the hearing by contacting the superintendent's office.
        5. The name of the hearing officer.
        6. A statement informing the student and parent or guardian that if they fail to attend the hearing and have not requested a change in the date, time, or place, the hearing will be held without them.
        7. A statement that the hearing will be held in private unless the student and parent or guardian request in writing that the hearing be public.
        8. A statement that if the student or the student's parent cannot understand the spoken English language, an interpreter will be provided by the district.
        9. A statement that the student or a representative of his or her choice, including legal counsel, will have the opportunity to present evidence or arguments including personal testimony, the testimony of witnesses, affidavits, or other information.
    2. Following the hearing, the superintendent or designee will state the decision in writing in identical form to the student and parent or guardian, their representative, and the principal or assistant principal requesting expulsion within five (5) school days following the close of the hearing. This written statement will include:
      1. A statement informing the parent how to access information regarding alternative education programs that are appropriate and available to the student.
      2. A statement that the decision will be reviewed by the board of directors if a written request for review is made to the superintendent within 72 hours after receiving the decision. The student and parent or guardian and their representative will have the right to attend the appeal hearing if the board grants a review.
      3. The date, time and place of the board review, if requested, will be no less than five (5) nor more than twenty-one (21) calendar days after the close of the hearing.
      4. A statement that the appeal hearing, if granted, will be held in an executive session of the board unless the student and the parent or guardian shall request in writing at least one day prior that it be a public hearing.
      5. If no appeal hearing is granted as provided, the decision of the superintendent or designee will be final.
  3. Duties of the Hearing Officer
    The following will occur at the hearing:

    1. The hearing officer will determine the facts of the case on the evidence presented at the hearing by the principal or assistant principal and the response of the student and/or parent, guardian and their representative. The hearing officer will not be bound by strict rules of evidence. Evidence may include the relevant past history of the student and student records.
    2. The hearing officer may recommend a conditional expulsion. Under a conditional expulsion the student may return to school before the ending date of the expulsion if conditions specified by the hearing officer are met. When recommending conditional expulsion, the hearing officer will specify the conditions that must be met and the date the student may return to school. If the student does not comply with the conditions, the school administration may enforce the full expulsion with written notification to the parent.
    3. The hearing officer's written recommendation will include findings, conclusions and specific recommendations.
  4. Rights of the Student and Parent or Guardian
    The student and parent or guardian have these rights during the expulsion process:

    1. The student will be permitted to have a representative at the hearing to advise and present arguments.
    2. The student will be afforded the right to present his/her version of the charges and to introduce evidence by testimony, writings, or other exhibits at the hearing.
    3. The student and parent or guardian and their representative will have the opportunity to question the person or persons making or supporting the charges against the student at the hearing.
    4. In the case of the student or parent who has serious difficulty understanding the English language or has other serious communication handicaps, the district will provide a translator for the hearing.
    5. The student and parent or guardian have the right to appeal the superintendent's decision on expulsion within 72 hours by filing a written request.
  5. Special Education Students
    When expulsion is being considered for an identified special education student, the procedures outlined in Parental Rights for Special Education (K-21) Notice of Procedural Safeguards) must be followed.
  6. Duties of the Board
    If the student and parent or guardian appeals the superintendent or designee's decision, the board of directors will review it during an executive session, no less than five (5) nor more than twenty-one (21) calendar days after the close of the hearing. At the executive session the board will confine its review to the record of the hearing officer (the superintendent or designee) and, in particular, to the following:
    1. The charges against the student and the evidence used to support or oppose the charges
    2. The decision of the hearing officer and the reason for the decision.
    3. Any additional information the board may request.
    1. The board may postpone its decision if required to hear additional evidence.
    1. A written statement of the board's decision will be sent by certified mail to the student and the parent or guardian, their representative, and the principal or assistant principal by the superintendent or designee. This statement will be mailed within five (5) school days after the board's decision. The decision of the board shall be final.
Policy Category: 
J Students
Position Responsible: 
Superintendent
This Revision Edited by: 
Debbie Nankivell & Doug Gallup
Department: 
Superintendent's Office 790-7707