5611 - DUE PROCESS RIGHTS

Lapeer Community Schools

Bylaws & Policies

5611 - DUE PROCESS RIGHTS

The Board of Education recognizes the importance of safeguarding a student’s constitutional rights, particularly when subject to the District’s disciplinary procedures.

The implementation of these disciplinary measures and procedures will be reasonable, fair and consistent with all students. A primary consideration will be the expeditious and timely, but proper, settlement of disciplinary action in order to minimize the disruption of a student's academic progress.

Every effort shall be made by the administration and faculty to resolve problems through effective utilization of school district resources in cooperation with the student and his/her parents or guardian.

Legal counsel may represent a student, parent, or guardian. If there is representation the Superintendent shall be notified at least two (2) business days prior to a hearing. If notice is not given, the hearing may be postponed.

A hearing at any administrative level shall be held in private to allow the student and his/her parents or guardian to contest the facts which led to disciplinary action.

A hearing at the Board level shall be conducted in open properly scheduled sessions unless the parent/guardian of a student who is less then eighteen (18) years of age or a student who is eighteen (18) years of age or older request the Board of Education to meet in executive session for a confidential closed hearing of the appeal.

The School Board hearing will not be conducted in strict accord with courtroom proceedings. The procedures of the hearing will allow the maximum opportunity for the appealing party to present all reasonable evidence to support the appeal.

The Board of Education or the Superintendent will notify all parties within five (5) school days of its decision after a hearing.

SEPARATION FROM CLASS(ES) PROCEDURES

The student will be informed:

			a.	of the reasons for his/her separation from class
			b.	of the procedures for returning to class

When the student is separated from class the parent will be notified. The teacher or administrator who has taken the action will inform the parent why the student's class has been closed and indicate the steps necessary for the student's returning to class.

	B.	SNAP SUSPENSION PROCEDURES
		The teacher notifies the student of the reason(s) for the one (1) day suspension.
		The student is sent immediately to the building administration for continued supervision.

		1.	The teacher must immediately report the suspension and the reason for the action to the building administration.
		2.	The teacher shall notify the parents/guardians of the suspension.
		3.	The teacher shall ask the parent/guardian to attend a conference regarding this suspension.
		4.	"Whenever practicable," a counselor, school psychologist, or school social worker shall attend the conference.
		5.	A building administrator shall attend the conference if the teacher or parent/guardian so requests.
		6.	During the suspension the student shall not be returned to class, subject, or activity from which s/he was suspended without the concurrence of the building principal and the teacher of the class, subject, or activity.
		7.	The teacher is responsible for adhering to all State and Federal laws regarding the student’s rights. This includes, but is not limited to: functional behavior assessments, behavior intervention plans, manifestation determination reviews, etc.

IN-SCHOOL SUSPENSION PROCEDURES

		1.	The student shall be informed of the reasons for his/her separation from the normal school program and subsequent assignment to In-School Suspension.
		2.	The parent will be notified that the student has the opportunity to be assigned to the in-school suspension room instead of an out-of-school suspension and, if necessary, must provide transportation to a district site.
		3.	Students assigned to In-School Suspension are marked as "school-related absence" and have the opportunity to earn all credit and grades by satisfactory completion of assigned work.
		4.	Inappropriate behavior during the in-school suspension will lead to further disciplinary actions.

	D.	SUSPENSION PROCEDURES FOR WEAPONS VIOLATIONS
		For an administrative hearing:

		1.	The Board discipline officer will inform the student and his/her parent or guardian in writing that the case is being referred to the Superintendent for an administrative hearing. The student will be indefinitely suspended pending the outcome of the hearing.
		2.	Written notice of the charges against the student shall be supplied to the student and his/her parents or guardian. Included within this notice shall be a statement of the date, time, and place for the hearing.
		3.	The parents or guardian and student are expected to be present at the hearing.
		4.	The Superintendent shall preside over the hearing and shall make a determination based upon the evidence presented. At the hearing, the building administration shall present the results of the investigation, the student, his/her parents, and/or counsel, on behalf of the student, shall have the right to present information pertinent to the case. The Superintendent retains the right to:

			a.	recess the hearing if evidence presented at the hearing requires further investigation
			b.	make a determination as well as imposing a consequence based upon the evidence presented
			c.	forward the case to the Board of Education

		5.	The student shall be given an opportunity to give his/her version of the facts and their implications. S/He shall be allowed to offer the testimony of other witnesses and other evidence.
		6.	A record shall be kept of the hearing.
		7.	Within five (5) school days of the hearing the Superintendent shall render a decision and notify the student and the parent or guardian in writing of the decision. The Board shall also be notified of the decision.
		8.	A student voluntarily withdrawing from Lapeer Community Schools before a hearing does not terminate the process.
		9.	The decision of the Superintendent is final.

SUSPENSION PROCEDURES FOR VIOLATIONS EXCEPT FOR WEAPONS AND/OR TEACHER SNAP SUSPENSIONS

		1.	The student shall be informed of the specific charges and given an explanation of the evidence causing the basis for disciplinary action to be taken against him/her.
		2.	The student shall have the right to present to the appropriate school administrator any relevant information that will support his/her defense.
		3.	When a student is suspended from school, the administrator will:

For Suspension 1-3 School Days –

				1)	notify the parents by telephone of the suspension;
				2)	the reason for it;
				3)	the steps necessary to effectuate the student's return.

For Suspension 4-10 School Days –

				1)	notify the parents by telephone and by writing of the suspension;
				2)	the reasons for it;
				3)	the steps necessary to effectuate the student's return;
				4)	meet with the parents or guardian and the student to plan the satisfactory return of the student to school;
				5)	parent conferences should be held during the period of suspension.

		4.	Parents or guardians may appeal the action taken by the administrator. This appeal is to the next administrative level (principal or Superintendent). The decision by that administrator is final. The student will attend school while the appeal is being heard.
		5.	When the principal recommends a suspension of more than 10 school days, the matter will be referred to the Superintendent or designee.

EXPULSION PROCEDURES

		1.	The principal will inform the student and his/her parent or guardian in writing that the case is being referred to the Superintendent for expulsion. The student will be indefinitely suspended pending the outcome of the hearing.
		2.	The Superintendent will determine if an expulsion procedure is warranted. If the situation warrants a hearing, the case may be referred to the Board of Education for expulsion or retained at the Superintendent’s level for disposition.
		3.	Written notice of charges against the student shall be supplied to the student and his/her parents or guardian. Included within this notice shall be a statement of the date, time, and place for the hearing. The student will be indefinitely suspended until the hearing.
		4.	The student and parents or guardian are expected to be present at the hearing.
		5.	The parents/guardian may request a closed hearing if the matter is referred to the Board of Education.
		6.	Legal counsel may represent a student, parent, or guardian. When there is representation, the Superintendent shall be notified at least two (2) business days prior to a hearing. If notice is not given, the hearing may be postponed.
		7.	Legal counsel or a resource person of its choosing may represent the Board of Education or Superintendent.
		8.	The hearing shall be conducted by the Board of Education or Superintendent. A determination shall be made solely upon the evidence presented at the hearing. At the hearing, the administration shall present information pertinent to the violation of the Student Code of Conduct. The Board or retains the right to recess the hearing if evidence is presented which requires further investigation.
		9.	A student shall be given an opportunity to give his/her version of the facts and their implications. The student shall be allowed to offer the testimony of other witnesses and other evidence.
		10.	A record shall be kept of the hearing.
		11.	Within five (5) school days of the hearing the Board of Education or Superintendent shall render a decision and notify the student and the parent or guardian in writing of the decision.
		12.	A student voluntarily withdrawing from Lapeer Community Schools before an expulsion hearing does not terminate the process of expulsion.
		13.	The District shall notify the proper legal authorities in all cases of expulsion.
		14.	Expulsions will be noted on the student’s permanent record.

READMITTANCE

		1.	Parent/Guardian is to secure proper paperwork from the administration at least two (2) weeks prior to a scheduled hearing to determine readmittance to school.
		2.	This paperwork is to be completed and returned to the administration one (1) week prior to the readmittance hearing.
		3.	The student and parents or guardian are expected to be present at the hearing.
		4.	The parents/guardian may request a closed hearing.
		5.	Legal counsel may represent the student, parent, or guardian. When there is legal representation, the Board or administrator shall be notified at least two (2) business days prior to the hearing. If notice is not given, the hearing may be postponed.
		6.	Legal counsel or a resource person of its choosing may represent the District.
		7.	The hearing shall be conducted by the Board of Education, a committee of the Board, or the Superintendent. The determination to readmit will be based solely upon the materials presented at the hearing. The Board retains the right to recess the hearing.
		8.	The student shall be given an opportunity to present any evidence that would assist the Board of Education, a committee of the Board, or the Superintendent in making a decision.
		9.	A record of the hearing shall be kept.

Revised 9/6/01
Revised 11/3/05