Within thirty school days of the principal's or designee's determination to recommend expulsion, the student is entitled to a hearing. The student receives written notice of an expulsion hearing at least ten days prior to the hearing. This notice includes:
- Date and place of the hearing.
- The specific facts and charges upon which the proposed expulsion is based.
- A copy of the district disciplinary rules which relate to the alleged violation.
- Explanation of the right for the student or student's parent or guardian to appear in person, or to obtain and be represented by an attorney.
- Explanation of the right to inspect and obtain copies of all documents to be used at the hearing.
- Explanation of the right to confront and question all witnesses who testify at the hearing, and to question all other evidence presented.
- Explanation of the right to present evidence on the student's behalf, including witnesses.
A student is entitled to one postponement of an expulsion hearing. Once the hearing has started, it must be conducted without any unnecessary delay. A parent or guardian may also choose to waive their rights and agree to a stipulated decision.
The Expulsion Hearing Process
- If the Expulsion Review Panel decides not to recommend expulsion, the proceedings are terminated and the student is immediately reinstated. The Placement and Appeal Office will inform the parent or guardian of the panel's decision. The parent or guardian must then contact the school and arrange a meeting with the principal or principal's designee regarding subsequent placement for the student. This may include a return to the classroom instructional program, any other instructional program, a rehabilitation program, or a combination of these programs. A decision not to recommend expulsion is final.
- If the Expulsion Review Panel decides to recommend expulsion, it must also recommend a rehabilitation plan for the student. The rehabilitation plan may include a review and assessment at the time of the application for re-admission to school. The plan may also include recommendations for counseling or other intervention support. The evidence supporting the decision to recommend expulsion, along with the proposed rehabilitation plan, is submitted to the Board of Education.
- Upon reviewing the recommendations, the Board of Education will either support the recommendation and order the expulsion, or reject the recommendation and suspend the expulsion order. The Board may also choose to suspend the expulsion order, but still assign the student to a school, class or alternative educational program considered appropriate for the rehabilitation plan.
The Stipulation Process
As part of reaching a stipulated agreement, the student and a parent or guardian will meet with a Placement and Appeal counselor. They will review the evidence gathered in the investigation of the incident leading to the expulsion recommendation. At that time, if they agree to a stipulated decision, the student, parent or guardian and the counselor must all initial and agree upon the following:
- They have been informed of and understand the right to due process with regard to the expulsion recommendation.
- They have had the opportunity to review the reasons for the recommendation for expulsion and to discuss them with district personnel.
- They agree to the facts as stated in the expulsion recommendation.
As part of a stipulated agreement, the student's parent or guardian waives a number of rights:
- The right to an expulsion hearing.
- All notices and timelines required by policy or law.
- The right to be represented by an attorney at the expulsion hearing.
- The right to inspect and have copies of the documents which would have been used at the hearing.
- The right to confront and question all witnesses who would have testified at the hearing.
- The right to question all written evidence presented.
- The right to present witnesses and evidence on the student's behalf.
- The right to appeal to the county Board of Education if the stipulated expulsion is approved by the Board of Education as agreed upon.
A student's parent or guardian may consult with an attorney about the stipulated expulsion process. The Board of Education must still vote to approve a stipulated expulsion agreement.
The Reinstatement Process
An expulsion order remains in effect until the Board of Education orders the readmission of the student. Depending on the nature of the offense, an expulsion order cannot last longer than one year from the date of expulsion. This is not necessarily the date of offense, which may be much earlier.
- Upon completion of the readmission process, the Board of Education will readmit the student, unless it determines that the student has not met the conditions of the rehabilitation plan, or continues to pose a danger to others. The student and the student's parent or guardian receive a description of the readmission process at the time the student is ordered expelled.
- If the Board of Education denies the readmission of an expelled student, the board must decide whether to continue the placement of the student in an alternative educational program. The Board must provide written notice to the expelled student and the student's parent or guardian describing the reasons for denying the student readmittance into the regular school district program.