No student may be expelled without a hearing unless the student’s parents, or the student if 18 years of age, waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing. By waiving the right to a hearing, the student and parent agree to abide by the findings of a hearings officer.
1. Notice will be given to the student and the parent by personal service or by certified mail at least five days prior to the scheduled hearing. Notice will include:
a. The specific charge or charges;
b. The conduct constituting the alleged violation,;
c. A recommendation for expulsion;
d. The student’s right to a hearing;
e. When and where the hearing will take place;
f. The right to representation; and
g. Statement of alternatives, if expelled.
2. The superintendent or designee will act as hearings officer. The district may contract with an individual who is not employed by the district to serve as the hearings officer. The hearings officer will conduct the hearing and will not be associated with the initial actions of the building administrators;
3. In case the parent or student has difficulty understanding the English language or has other serious communication disabilities, the district will provide a translator;
4. The student will be permitted to have a representative present at the hearing to advise and to present arguments. The representative may be an attorney or parent. The district’s attorney may be present;
5. 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;
6. The student will be permitted to be present and to hear the evidence presented by the district;
7. The hearings officer will determine the facts of each case on the evidence presented at the hearing. Evidence may include the relevant past history and student education records. Findings of fact as to whether the student has committed the alleged conduct, and the officer’s decision will be submitted to the superintendent;
8. The hearings officer or the student may make a record of the hearing;
9. The hearings officer’s decision is final; however, this decision may be appealed to the Board in care of the superintendent. Appeals to the Board must be based upon an error in fact or due process;
10. Expulsion hearings will be conducted in private and Board review of the hearings officer’s decision will be conducted in executive session unless the student or the student’s parent requests a public hearing. If an executive session is held by the Board or a private hearing by the hearings officer, the following will not be made public:
a. The name of the minor student;
b. The issues involved;
c. The discussion;
d. The vote of Board members, which may be taken in executive session.
Prior to expulsion, the district must propose alternative programs of instruction or instruction combined with counseling to a student subject to expulsion for reasons other than a weapons policy violation. The district must document to the parent of the student that proposals of alternative education programs have been made.