5611 - DUE PROCESS RIGHTS

Streetsboro City School District

Bylaws & Policies

5611 - DUE PROCESS RIGHTS

The Board of Education recognizes that students waive certain constitutional rights, regarding their education.

Accordingly, the Board establishes the following procedures:

A.	Student subject to suspension:

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

	1.	Gives the student written notice of the intention to suspend the student and the reasons for the intended suspension.

	2.	Provides the student an opportunity to appear at an informal hearing before the principal, assistant principal, superintendent, or superintendent’s designee and challenge the reason for the intended suspension or otherwise to explain the student’s actions.

	3.	Within one (1) school day of the suspension the Superintendent, principal, or other administrator will notify the parents, guardians, or custodians of the student and the Treasurer of the Board. The notice shall include:

		a.	the reasons for the suspension

		b.	notification of the right of the student or the student’s, parent, guardian, or custodian to appeal the suspension to the Board’s designee,

		c.	notification of the right to be represented in all appeal proceedings,

		d.	notification of the right to be granted a hearing before the Board or its designee in order to be heard against the suspension,

	e.	notification of the right to request that the hearing be held in executive session if before the Board, and

	f.	notification that the Superintendent may seek the student’s permanent exclusion if the suspension was based on a violation listed in R.C. 3313.662(A) that was committed when the student was sixteen (16) years of age or older and if the student is convicted of or adjudicated a delinquent child for that violation.

	The notice shall also specify that if the student, parent, guardian, or custodian intends to appeal the suspension to the Board or its designee, such notice of appeal shall be filed, in writing, with the Treasurer of the Board or the Superintendent within three (3) calendar days after the date of the notice to suspend.

4.	Notice of this suspension will also be sent to the:

	a.	Superintendent;

	b.	Board Treasurer;

	c.	student’s school record (not for inclusion in the permanent record).

		Appeal of Suspension to the Board or its designee

		A student or the student’s parent, guardian, or custodian may appeal the student’s suspension by a superintendent, principal, assistant principal or other administrator to the board of education or to its designee. If the student or the student’s parent, guardian, or custodian intends to appeal the suspension to the Board or its designee, the student or the student’s parent, guardian, or custodian shall notify the Treasurer or the Superintendent, in writing, within three (3) calendar days of the date of the written suspension notice. The written notice shall contain the reason(s) why the suspension is being appealed.

		1.	The student or the student’s parent, guardian, or custodian may be represented in all appeal proceedings and shall be granted a hearing before the Board’s designee in order to be heard against the suspension. If the suspension is unrelated to an offense for which the student would be subject to expulsion, then the Superintendent shall serve as the Board’s designee. If the suspension is related to an offense for which the student would be subject to expulsion then the Board’s legal counsel or the Director of Student Academic Services, as determined by the Superintendent, shall serve as the Board’s designee.
		2.	At the request of the student or the student’s parent, guardian, custodian, or attorney, the Board’s designee may hold the hearing in executive session but shall act upon the suspension only at a public meeting.

		3.	The Board, by the action of its designee, may affirm the order of suspension, reinstate the student, or otherwise reverse, vacate, or modify the order of suspension.

		4.	The Board’s designee shall make a verbatim record of the hearing.

		Appeal to the Court

		Under Ohio law, appeal of the Board’s or its designee’s decision may be made to the Court of Common Pleas.

B.	Students subject to expulsion:

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

	1.	The Superintendent will give the student and parent, guardian, or custodian written notice of the intention to expel the student. The notice shall provide the student and the student’s parent, guardian, custodian, or representative an opportunity to appear in person before the Superintendent or the Superintendent’s designee to challenge the reasons for the intended expulsion or otherwise to explain the student’s actions.

		The notice required in this section shall include:

		a.	the reasons for the intended expulsion,

		b.	notification of the opportunity of the student and the student’s parent, guardian, custodian, or representative to appear before the superintendent or the superintendent’s designee to challenge the reasons for the intended expulsion or otherwise to explain the student’s action,

		c.	notification of the time and place to appear, and

		d.	if the proposed expulsion is based on a violation listed in R.C. 3313.662(A) and if the student is sixteen years of age or older, the notice shall include a statement that the Superintendent may seek to permanently exclude the student if the student is convicted of or adjudicated a delinquent child for that violation.

	2.	The time to appear shall not be earlier than three (3) nor later than five (5) school days after the notice is given, unless the Superintendent grants an extension upon request of the student or the student’s parent, guardian, custodian, or representative.

		If an extension is granted after giving the original notice, the superintendent shall notify the student and the student’s parent, guardian, custodian, or representative of the new time and place to appear.


3.	Within one (1) school day of the expulsion, the Superintendent will notify the parents, guardians, or custodians of the student and Treasurer of the Board. The notice will include the reasons for the expulsion and the right of the student, parent, guardian, or custodian to appeal to the Board or its designee; the right to be represented at the appeal; and the right to request the hearing be held in executive session if before the Board. The notice shall also specify that if the student, parent, guardian, or custodian intends to appeal the expulsion to the Board or its designee, such notice of appeal shall be filed, in writing, with the Treasurer of the Board or the Superintendent within fourteen (14) calendar days after the date of the notice of expulsion. If the offense is one for which the District may seek permanent exclusion, then the notice will contain that information.
	a.	the reasons for the expulsion,

	b.	notification of the right of the student, or the student’s parent, guardian, or custodian to appeal the expulsion to the Board or its designee,

	c.	notification of the right to be represented in all appeal proceedings,

	d.	notification of the right to be granted a hearing before the Board’s designee in order to be heard against the expulsion,

	e.	notification of the right to request that the hearing be held in executive session if before the Board, and

	f.	notification that the expulsion may be subject to extension pursuant to R.C. 3313.66(F) if the student is sixteen (16) years of age or older, and

	g.	Notification that the superintendent may seek the student’s permanent exclusion if the suspension or expulsion was based on a violation listed in R.C. 3313.662(A) that was committed when the child was sixteen (16) years of age or older and if the student is convicted of or adjudicated a delinquent child for that violation.

	h.	Specify that if the student, parent, guardian, or custodian intends to appeal the expulsion to the Board or its designee, the student, parent, guardian, or custodian notify shall notify the board of the student’s, parent’s, guardian’s, or custodian’s intent to appeal the expulsion in writing, by filing an appeal with the Treasurer of the Board or the Superintendent within fourteen (14) calendar days after the date of the notice of expulsion, and

	i.	If the expulsion is for more than twenty school days or for any period of time if the expulsion will extend into the following semester or school year, the Superintendent shall, in the notice of expulsion, provide the student and the student’s parent, guardian, or custodian with information about services or programs offered by public and private agencies that work toward improving those aspects of the student’s attitudes and behavior that contributed to the incident that gave rise to the student’s expulsion. The information shall include the names, addresses, and phone numbers of the appropriate public and private agencies.

	Appeal of Expulsion to the Board

	A student who is eighteen (18) or older or a student’s parent(s) or guardian(s) may appeal the expulsion by the Superintendent to the Board or its designee. They may be represented in all such appeal proceedings and will be granted a hearing before the Board or its designee.

	1.	The student or the student’s parent, guardian, or custodian may be represented in all appeal proceedings and shall be granted a hearing before the Board’s designee in order to be heard against the suspension.

	2.	At the request of the student or the student’s parent, guardian, custodian, or attorney, the Board’s designee may hold the hearing in executive session but shall act upon the suspension only at a public meeting.

	3.	The Board, by the action of its designee, may affirm the order of suspension, reinstate the student, or otherwise reverse, vacate, or modify the order of suspension.

	4.	The Board’s designee shall make a verbatim record of the hearing.

	Appeal to the Court

	Under State law, the decision of the Board may be further appealed to the Court of Common Pleas.

C.	Students subject to emergency removal:

	Students whose conduct warrants emergency removal shall be dealt with in accordance with the rights and procedures outlined in Policy 5610.03 – Emergency Removal.

	D.	Students subject to permanent exclusion:

		Students whose conduct is that for which permanent exclusion is warranted shall be dealt with in accordance with the rights and procedures outlined in Policy 5610.01 – Permanent Exclusion of Nondisabled Students.

	E.	Students subject to suspension from bus riding/transportation privileges:

		Students whose conduct warrants suspension from bus riding and/or transportation services shall be dealt with in accordance with the rights and procedures outlined in Policy 5610.04 - Suspension of Bus Riding/Transportation Privileges.

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.

R.C. 3313.20, 3313.66, 3313.661

Adopted 10/9/97
Revised 3/00
Revised 6/14/01
Revised 12/13/07
Revised 10/13/11