5611 - DUE PROCESS RIGHTS

Shelbyville Central School Corporation

Bylaws & Policies

5611 - DUE PROCESS RIGHTS

The School Board recognizes the importance of safeguarding a student's constitutional rights, particularly when subject to the Corporation's disciplinary procedures.

All members of the staff shall follow due process procedures when dealing with students. A 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.

Denial of Board Consideration of Student Due Process Appeals

A student or his/her parent or guardian may appeal the action taken by an expulsion examiner to the School Board. The appeal must be a made within ten (10) calendar days following the receipt of the notice of the action taken. The request for appeal must be in writing and should be filed in the Central Office at 803 St. Joseph Street, Shelbyville, Indiana. Upon presentation of the written appeal at an open meeting, the Board may vote not to hear the appeal pursuant to I.C. 20-8.1-5.1-13(f). If the Board so votes, the Board must notify the student/parent or guardian of its decision. Students/parents or guardians only recourse is to appeal to a State or Federal court.

The Board's determination and vote not to hear a student's/parent's or guardian's appeal shall be based on the following criteria and circumstances:

	A.	The student has not been expelled or required to attend an alternative school.
	B.	The expulsion examiner has found that the student has engaged in prohibited conduct of the type enumerated below, unless (i) the student has denied commission of the misconduct for which expulsion has been ordered and (ii) significant new evidence favorable to the student and not available at the time of the expulsion meeting has been discovered, and is specifically described in the request for appeal.

		1.	setting fire to or substantially damaging any school building or property
		2.	possession, firing, or displaying, or threatening use of firearms, explosives, or other weapons on the school premises
		3.	causing or attempting to cause substantial damage to school property, stealing or attempting to steal school property of substantial value, or repeatedly damaging or stealing school property of small value
		4.	intentionally causing or attempting to cause substantial damage to valuable private property, stealing or attempting to steal valuable private property, or repeatedly damaging or stealing private property
		5.	intentionally causing or attempting to cause physical injury or intentionally behaving in such a way as to endanger the safety of any person, except where self-defense or reasonable action undertaken on the reasonable belief that it was necessary to protect some other person has been raised at the expulsion meeting as a defense to a finding of a violation of this provision
		6.	threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value from the student
		7.	except for approved school purposes, knowingly possessing, handling, or transmitting a knife or any other object that can reasonably considered a weapon
		8.	knowingly possessing, using, transmitting, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, depressant, stimulant, cocaine, marijuana, anabolic steroid, look-a-like drug, alcoholic beverage, or intoxicant of any kind
			Proper medical use of a prescription or nonprescription drug is not a violation of this subdivision.
		9.	engaging in the unlawful selling of a controlled substance or engaging in a criminal law violation that constitutes a danger to other students or constitutes an interference with school purpose or an educational function
		10.	violating the attendance policy

	C.	The student has admitted the rule violation for which expulsion has been ordered, unless the appeal is limited to a challenge to the imposition of expulsion or the length of the expulsion imposed, and the expulsion examiner has imposed a longer expulsion than is customarily imposed in similar cases.
	D.	The length of the expulsion imposed is less than one (1) semester or is the remainder of the current semester.
	E.	The student has been formally charged with a delinquent act or a crime in connection with the misconduct.

Each request for appeal shall be reviewed by the Superintendent. If an appeal to the Board is inappropriate as determined by the criteria and circumstances set forth above, the Superintendent shall submit a recommendation to the board that the Board should refuse to consider the appeal stating the basis for that recommendation. The Board shall then vote upon that recommendation in public or open session.

I.C. 20-33-8-19

Revised 7/8/97