You are here

502.1-R - Regulations Regarding Student Conduct Procedures and Due Process

DUE PROCESS
Due process procedures include the right of the student to: 

  1. Be given oral and/or written notice of the charges;
  2. Be given the opportunity to admit or deny such charges;
  3. Be given an explanation of the evidence against the student if they deny the charges; and
  4. Be given an opportunity to explain the situation. 

The building principal [or designee] at their discretion may allow a student to confront witnesses against the student or present witnesses on behalf of the student.

As appropriate to the age of the student, the administration will make an effort to notify parents of disciplinary due process, when warranted.

ADMINISTRATIVE ACTION

A. PROBATION

  1. Probation is the conditional suspension of a penalty for a set period of time. Probation may be imposed by the principal [or designee] for infractions of school rules which do not warrant the necessity of removal from school. 
  2. The building principal [or designee] will conduct an investigation of the allegations against the student prior to imposition of probation. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against them and an opportunity to respond. Written notice and reasons for the probation will be sent to the student's parents.

B. IN-SCHOOL SUSPENSION

  1. In-school suspensions may be imposed by the building principal [or designee] for infractions of school rules which are serious, but which do not warrant the necessity of removal from school.
  2. The principal [or designee] will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension. The investigation will include, but not be limited to, written or oral notice to the student of allegations against them and an opportunity to respond. In-school suspension will not be imposed for a period longer than 10 school days. Written notice and reasons for the in-school suspension will be sent to the student’s parents.

C. OUT-OF-SCHOOL SUSPENSION

  1. Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.
  2. A student may be suspended out-of-school for up to 10 school days by a principal [or designee] for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause  interference with the maintenance of the educational environment or the operation of the school. The building principal [or designee] may suspend students after conducting an investigation of the charges against the student, giving the student oral or written notice of the allegations against the student, and giving the student: 
    1. Oral or written notice of the allegations against the student, and
    2. The opportunity to respond to the charges.

At the principal’s [or designee’s] discretion, the student may be allowed to confront witnesses against them or present witnesses on their behalf.  

  1. Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent. A reasonable effort is made to personally notify the student’s parents and such effort is documented by the person making or attempting to make the contact. Written notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.

SUSPENSIONS FOR SPECIAL EDUCATION STUDENTS

  1. Students who have been identified as special education students may be referred for a review of the student’s Individual Education Program (IEP). The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.
  2. Students who have not been identified as special education students may be referred for evaluation after the student’s suspension to determine whether they have a disability and are in need of special education.

Adopted: 6/80
Reviewed: 5/11; 3/12; 10/14; 1/15; 12/16; 10/17; 9/20
Revised: 7/13; 2/24
Related Policy (Code#): 502.1; 502.2; 502.2-R; 502.5; 502.5-R1-R3; 502.6-8; 502.8-R; 503.1; 602.5
IASB Reference: 503.01-R(1)