Randolph County Schools
Bylaws & Policies
 

5611 - DISCIPLINE – STUDENT DUE PROCESS RIGHTS

The Board of Education recognizes that students have certain Due Process rights, regarding the administration of discipline while students are at school, on school grounds, or at school-affiliated functions.

Accordingly, the Board established the following procedures:

 

A.

Students Subject to Suspension:

 
 

When a student is being considered for an out-of-school suspension by the principal, or other administrator:

 
 

1.

A student is entitled to an informal hearing when faced with a suspension of ten (10) days or less. At this hearing, the principal must explain why the student is being suspended. If the student does not admit the charges, s/he shall be given an explanation of the evidence possessed by the principal. If the principal believes that the continued presence of the student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the student shall be suspended immediately and an informal hearing shall be held as soon as practicable after the suspension.

 
 

2.

The student and his/her parent(s), guardian(s) or custodian(s), as the case may be, shall be given telephonic notice, if possible, of this informal hearing, which notice shall briefly state the charges made against the student which constitute the grounds for the proposed suspension of the student.

 
 

3.

At this informal hearing, the principal shall explain the charges against the student. If the student does not admit the charges, the principal will provide the student with an explanation of the evidence possessed by the principal. Thereafter, the student must be given an opportunity to explain his/her version of the occurrence.

 

4.

At the conclusion of the informal hearing, or upon the failure of the noticed student to appear for the informal hearing, the principal may suspend the student for a maximum of ten (10) school days, including any days prior to the hearing, if any, for which the student has been excluded from school.

 
 

5.

The principal shall report any suspension the same day it has been decided upon, in writing, to the parent(s), guardian(s) or custodian(s) of the student by regular United States mail. The notice will include the reasons for the suspension.

 
 

6.

The suspension also shall be reported to the County Superintendent the same day and to the faculty senate of the School at the next meeting after the suspension.

 
 

7.

The suspension imposed upon a student shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) by the principal within twenty-four (24) hours of the imposition of the suspension. Each record of a suspension shall include the student’s name and identification number, the reason for the suspension or expulsion, and the beginning and ending dates of the suspension.

 
 

8.

A student may not participate in any school-sponsored activities, or be permitted on school grounds during the period of suspension.

 
 

B.

Students Subject to Expulsion:

 
 

When a student is being considered for expulsion by the Board:

 
 

1.

The Superintendent shall cause a written notice, by certified mail, return receipt requested, to be served upon the student and his/her parent(s), guardian(s) or custodian(s), as the case may be, which states the:

 
 

a.

charges and the recommended disposition;

 
 

b.

date and time at which the hearing shall be held;

 
 

c.

right of the student to be represented by counsel;

 
 

d.

right of the student to call his/her own witnesses to verify his/her version of the incident and;

 

e.

right to confront and cross-examine witnesses supporting the charge against him/her;

 
 

f.

notice shall state clearly whether the Board will attempt at hearing to establish the student as a dangerous student and also shall include any evidence upon which the Board will rely in asserting its claim that the student is a dangerous student.

 
 

2.

The hearing before the Board shall be within the ten (10) day period of suspension imposed by the principal.

 
 

3.

The hearing shall be held in executive session unless the student requests an open hearing.

 
 

4.

The County Board shall hold the scheduled hearing to determine if the student should be reinstated or should or, must be expelled from school. If the County Board determines that the student should or must be expelled from school, it may also determine whether the student is a dangerous student, if proper notice of the charge has been provided as set forth in 1.f. immediately above.

 
 

If notice has not been given that the Board may find the student is a dangerous student and the Board determines through the course of the hearing that the student may be dangerous, the Board must make such determination at a separate hearing to be scheduled within ten (10) days of the first hearing, upon full notification to the student and his/her parent(s), guardian(s) or custodian(s).

 
 

The hearing(s) shall be recorded by mechanical means unless recorded by a certified court reporter.

 

The Superintendent may apply to a circuit judge or magistrate for authority to subpoena witness and documents, upon his/her own initiative, in a proceeding related to a recommended student expulsion or dangerous student determination. Upon the written request of any other party, the Superintendent shall apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on behalf of the other party in a proceeding related to a recommended student expulsion or dangerous student determination. If the authority to subpoena is granted, the Superintendent shall subpoena the witnesses, documents or both requested by the other party. If the authority to subpoena is granted, it shall be exercised in accordance with the provisions of WV Code 29A-5-1.

 
 

The hearing may be postponed for: (1) good cause shown by the student; (2) when proceedings to compel a subpoenaed witness to appear must be instituted; or (3) when a delay in service of a subpoena hinders either party's ability to provide sufficient notice to appear to a witness. However, a student shall remain under suspension until after the hearing in any case where a postponement occurs.

 
 

At the conclusion of the hearing the County Board shall either:

 
 

a.

order the student reinstated immediately or at the end of his/her initial suspension;

 
 

b.

suspend the student for a further designated number of days; or

 
 

c.

expel the student from the public schools of the County.

 

5.

The Superintendent shall notify the student, parent(s), or guardian(s), by certified mail, return receipt requested, of the disposition of the hearing.

 
 

6.

The expulsion imposed upon a student shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) by the principal within twenty-four (24) hours of the imposition of the expulsion. Each record of an expulsion shall include the student’s name and identification number, the reason for the suspension or expulsion and the beginning and ending dates of the expulsion.

 
 

C.

Students Subject to Emergency Removal:

 
 

If the principal believes that the continued presence of the student in the school poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, even before the informal hearing is held, such student shall be suspended immediately and a hearing held as soon as practicable after the suspension.

 
 

D.

Students Subject to Suspension from Bus Riding/Transportation Privileges:

 
 

A bus driver may exclude from a bus any student who: is guilty of disorderly conduct; interferes with an orderly education process; threatens, abuses, intimidates or attempts to intimidate a school employee or student; willfully disobeys a school employee; or uses profane or abusive language toward a school employee. Once a student is excluded from the bus, the student must be referred to the appropriate administrator who will take disciplinary action, notify the parent/guardian in writing of the disciplinary action taken, and provide a copy to the bus driver before the student is readmitted to the bus.

The Superintendent shall ensure that all members of the staff use the above procedures when dealing with students. In addition, this statement of due process rights is to be placed in all student handbooks in a manner that will facilitate understanding by students and their parents.

These procedures shall not apply to in-school disciplinary alternatives including in-school suspensions. An in-school suspension is one served entirely within a school setting. Nor shall these disciplinary alternative procedures apply to students who are prohibited by authorized school personnel from all or part of their participation in co-curricular, interscholastic, and/or noninterscholastic extra-curricular activities.

The application of this policy shall comply with the requirements of the Individuals with Disabilities Education Act.

WV Code 18A-5-1a
West Virginia State Board of Education policy 4373

Revised 8/4/08
Revised 5/18/09
Revised 6/3/13
Revised 1/13/15

© Neola 2014