1=
. =
Students
or students' parents/guardians may request a hearing before the Board to
contest any suspension in excess of ten (10) school days. The request will =
be
addressed to the Superintendent who will review all matters concerning the
suspension.
2=
. =
No
student may be expelled until this matter is reviewed in a hearing before t=
he
Board of Education.
3=
. =
The
parent/guardian may represent their student or may retain an attorney to ac=
t as
a representative in the defense of the student. The representative will have
the right to present witnesses, question any and all witnesses as herein
provided, and make a statement and offer exhibits on the nature of the evid=
ence
and disposition of the case. If the parent/guardian elects to have the stud=
ent
represented by an attorney at the hearing, the parent/guardian shall notify=
the
Superintendent of such representation at least twenty-four hours prior to t=
he
scheduled time of the hearing.
4=
. =
Prior
to the hearing, the parties, or their attorneys, may examine at the Board
Office the discipline report and all related records.
5=
. =
Upon
the request of any party, the Superintendent shall submit for review at the
hearing the student's behavioral and academic record. If necessary, the
information contained in such record may be explained and interpreted by a
person trained in its use and interpretation. All parties shall be instruct=
ed
to respect the confidentiality of all such records and information.
6=
. =
At
the hearing, the Board may consider a student's record of past disciplinary
actions, criminal court records, juvenile court records, and any actions of=
the
student which would be criminal offenses.
7=
. =
The
parties may present their version as to the charges and make such showing by
way of affidavits, exhibits, and witnesses as they may desire (before
testifying, witnesses shall be sworn).
8=
. =
The
President of the Board of Education, or the Chairman of the designated
committee of the Board, shall have full charge of the hearing and shall have
the authority to direct its proceedings and to control the conduct of all
persons present in accordance herewith.&nb=
sp;
Such authority shall include the limitation of questioning that is
unproductive, lengthy, or irrelevant. The Board may invoke reasonable
limitations on the number of witnesses.
9=
. =
The
hearing shall not be open to the public unless requested by the student's p=
arent/guardian
or those having his/her custodial care, provided, however, that, if the hea=
ring
is open to the public, the Board may set reasonable limitations on the numb=
er
of people present based upon available space and need for orderly proceedin=
gs.
The Board shall also have the right to exclude the public or a=
ny
person or persons if it shall determine that the hearings are being disrupt=
ed
by any person or group of persons.
Unless public, as herein above provided, hearings may be atten=
ded
only by members of the Board of Education, the Superintendent of Schools, t=
he
School Board attorney, the principal, the student, the parent/guardian and
their representatives. Witnesses may be present only when giving informatio=
n at
the hearing. With parent/guardian permission, the student may be excluded at
times when the student's psychological or emotional problems are being
discussed.
1=
0. =
A
record shall be made of any information presented at the hearing. Statements
and other written matter presented shall be kept on file by the District.
1=
1. =
As
soon as practicable after the hearing, the Board shall make its decision and
transmit the same in writing to the parties and the Superintendent.
The Board or its committee shall decide by majority vote wheth=
er
the student has engaged in the misconduct charged by District administrator=
s.
The decision must be based solely on the evidence presented at the hearing =
and
must include findings of fact on which the decision rests.