Legal

Code of Conduct/Quick Reference

Expulsion

Before a student is expelled he or she shall have the right to a hearing before the Board or its designee that meets the standards for due process under the federal constitution, which includes the following:

1. Prior written notice of the charges and the proposed sanctions so as to afford a reasonable opportunity for preparation.

2. Right to a full and fair hearing before the Board or its designee.

3. Right to representation by legal counsel, by a parent or guardian, or by any other adult who is not an employee of the school district.

4. Opportunity to testify and present evidence and witnesses in one's defense.

5. Opportunity to examine the evidence presented by school administrators and fight to question school administration witnesses. Special consideration may be given the victim or witnesses depending on the age, health, sensitivity and well being of the witness or victim.

A notice of the hearing and an invitation to attend shall be sent to the student's parent or guardian. The written notice shall advise of the nature of evidence and the names of any witnesses whose testimony may be used against the student. The Board or its designee's decision shall be based exclusively on evidence presented at the hearing.

If the district makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of whether the student, the student's parent, or another adult representing the student attends.

Sec. 37.009(f)

The final decision of the Board or designee shall be communicated promptly to the student and parent. If the decision to expel is made, the Superintendent or appropriate administrator shall provide a written order outlining terms of and length of the expulsion. The expulsion may not extend beyond the end of the school year unless the conduct leading to the expulsion occurred during the final six weeks. If the unacceptable conduct occurs during the final six weeks of the year the expulsion may extend into the next school year, but not beyond the end of the first semester.

Not later than the second business day after the date of a hearing, a copy of the expulsion order will be delivered to the authorized officer of the juvenile court of the county in which the student resides. Parents are responsible for supervision of the student during the expulsion term.

D. Appeal of Board's Decision to Expel

If a student appeals a decision to expel, the student shall remain expelled pending further appeal. No educational service will be provided, except as determined by the admissions, review and dismissal (ARD) or 504 committee for disabled students. The Board's decision may be appealed to the district court of the county in which the school administration office is located.

Emergency Expulsion

The principal or appropriate administrator has the right to order the immediate expulsion of a student if the administrator reasonably believes that the action is necessary to protect persons or property from imminent harm.

At the time of the emergency expulsion the student shall be given a notice of the reason for the emergency expulsion. A due process hearing for expulsion will be provided within 10 days, unless the parent or guardian agrees in writing to an extension of time. The principal or appropriate administrator is not liable for civil damages for an emergency expulsion.

The conditions of an emergency placement or emergency expulsion may restrict the student's extracurricular activities according to the Student Code of Conduct.

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