Elk Rapids Schools
Bylaws & Policies
 

0169 - STUDENT DISCIPLINARY HEARINGS

0169.1

Closed Session Requested
   
 

If parent or student requests a closed hearing, a vote must be taken. The purpose of the closed session should be announced: "To consider a student disciplinary matter, pursuant to the request of the parent/guardian" [NOTE: Do not need to use the name since that could identify the student]. A majority is required to go into a closed session.
   
 

Those invited into closed session should include the student, parent(s) and/or representative(s) and school administrator(s) bringing charges. Others may be admitted at Board discretion, if needed for the proceeding or at the request of student/parents.
   
 

Witnesses should be admitted when needed to testify. They should be asked to leave the closed session after testifying. Witnesses may be required to affirm that they will tell the truth.
   
 

The administration should present a summary of the requested discipline and an overview of the incident(s) supporting discipline. The administration shall call and question witnesses as it determines appropriate. The administrator may testify as a witness to the results of his/her investigation of the incident and the student’s past record.
   
 

The student, parent, or representative (only one (1)) should be allowed to ask the witness(es) questions related to issues reasonably related to the discipline. Additional questioning by the administration, the student/representative and/or the Board may be allowed at the Board’s discretion.
   
 

The student, parent, or representative may then present witnesses or statements to the Board. The administration and/or the Board may ask questions of these individuals. The Board may allow additional questioning at its discretion.
 

When the presentation of evidence is concluded, the Board will deliberate. It may exclude both the administration and the student and representatives, or allow both sides to remain. If the Board desires clarification of any testimony during its deliberation, it shall assure that both the administration and the student are present to hear the information.
   
 

The Board shall not take any action in the closed session. To act on the discipline the Board must return to open session. This requires a majority vote.
   
 

During the open session the name of the student shall not be used in voting on the discipline, to protect student privacy under the Federal Family Education Rights and Privacy Act. The student may be referred to by a Code Number or Pseudonym (i.e. Student A). Only the reference code shall be indicated in the Board minutes, NOT the student’s actual name. The reference code shall be listed in the student’s discipline file.
   
 

If, at any time during the hearing, the student, parent or authorized representative withdraws the request for a closed hearing, the matter shall proceed under the open hearing provisions.
   
 

Adopted 4/11/05
   

0169.2

Open Hearing
   
 

If the student, parent or authorized representative does not request a closed hearing, the Board must still assure that the Family Education Rights and Privacy Act is not violated.
   
 

The parents (or student if eighteen (18) or older) should sign an authorization to release student record information to allow discussion of the student’s information in the public forum (Form 8330 F4). If the parents refuse to sign the authorization, or information relating to other students must be presented at the hearing, it should be done anonymously by referring to students by Code Numbers or Pseudonyms. If this is not possible, then the Board may go into closed session to receive student identifiable information pursuant to a two-thirds (2/3’s) roll call vote for the announced purpose of "Considering material exempt from discussion or disclosure by State or Federal law."
 

The Board must deliberate and act on the discipline in open session. The student, parents, administration and public will be allowed to be present. Students/parents who have not authorized disclosure to the public will not be mentioned by name during deliberations, but only by anonymous reference code. Any action must be by a vote of the Board in open session. If the student/parents have signed an authorization for public disclosure, then the student’s name may be used in the motion and recorded in the Board minutes.
   
 

Adopted 4/11/05