Legal

Code of Conduct/Quick Reference

Procedural Due Process

Alternative Education program (AEP)

Before placing a student in an alternative education program, the principal or appropriate school administrator shall conduct an informal hearing at which the student shall be advised of the conduct with which he or she is charged and shall be given the opportunity to explain his or her version of the incident. The District shall make reasonable efforts to notify the parent prior to placing a student in an alternative education program. if the parent cannot be notified prior to placement, the parent shall be notified as soon as possible of the placement and the reason for the placement.

If the placement extends beyond the end of the next grading period, the student or student's parents have a right to notice and participation in a hearing before the Board's designee. A decision to place a student in an AEP beyond the end of a grading period may not be appealed beyond the Board. After hearing the appeal the Board or its designee shall set the terms for the student's placement in an AEP and deliver a copy of the order placing the student in the AEP to the student and the student's parent. The student's status must be reviewed by the Superintendent or designee at intervals of not more than 120 days.

For placement in an AEP to extend beyond the end of the school year, the Board or designee must determine that:

1. The student's presence in the regular classroom or campus presents a danger of physical harm to students or others; or

2. The student has engaged in serious or persistent misbehavior that violates the Student Code of Conduct; or

3. School action on the offense for which the student is placed in an AEP takes place during the final grading period of the year.

Emergency Placement

The principal or appropriate administrator may order a student to be immediately placed in an alternative education program if it is reasonably believed that the student's behavior is so unruly, disruptive, or abusive that it interferes with:

1. A teacher's ability to communicate effectively with students in a class;

2. The ability of the student's classmates to learn;

3. The operation of the school or school sponsored activity; or

4. If the appropriate administrator reasonably believes that eminent harm is likely.

At the time of the emergency placement the student shall be given oral nonce of the reasons for emergency placement in an AEP. Within a reasonable time the student will be afforded Procedural Due Process as outlined in this Code. The principal or appropriate administrator shall not be liable for civil damages for an emergency placement.

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