West Clermont Local 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, or other administrator:

 
 

1.

The student will be informed in writing of the potential suspension and the reasons for the proposed action.

 
 

2.

The student will be provided an opportunity for an informal hearing to challenge the reason for the intended suspension and to explain his/her actions.

 
 

3.

An attempt will be made to notify parents or guardians by telephone if a suspension is issued.

 
 

4.

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 will include the reasons for the suspension 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 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 fourteen (14) calendar days after the date of the notice to suspend. If the offense is one for which the District may seek permanent exclusion, then the notice will contain that information.

 
 

5.

Notice of this suspension will also be sent to the:

 
 

a.

Superintendent;

 
 

b.

Board Treasurer;

 
 

c.

studentís school record (not for inclusion in the permanent record).

 
 

6.

If a student leaves school property without permission immediately upon violation (or suspected violation) of a provision of the Student Code of Conduct/Student Discipline Code or prior to an administrator conducting an informal hearing as specified above, and the student fails to return to school on the following school day, the principal, assistant principal, Superintendent, or any other administrator, may send the student and his/her parent(s)/guardian(s) notice of the suspension, and offer to provide the student and/or his/her parents an informal hearing upon request to discuss the reasons for the suspension and to allow the student to challenge the reasons and to explain his/her actions, any time prior to the end of the suspension period.

 
 

Appeal of Suspension to the Board or its designee

 
 

The student who is eighteen (18) or older or the studentís parent(s) or guardian(s) may appeal the suspension to the Board or its designee. They may be represented in all such appeal proceedings.

 
 

A verbatim record will be kept of the hearing which may be held in executive session at the request of the student, parent, or guardian, if held before the Board.

 

The procedure to pursue such appeal will be provided in regulations approved by the Superintendent. Notice of appeal must be filed, in writing, with the Treasurer or the Superintendent within fourteen (14) calendar days after the date of the notice to suspend.

 
 

Appeal to the Court

 
 

Under Ohio law, appeal of the Boardís or its designeeís 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 intended expulsion, including reasons for the intended expulsion.

 
 

2.

The student and parent or representative have the opportunity to appear before the Superintendent or designee to challenge the proposed action or to otherwise explain the studentís actions. The written notice will state the time and place to appear, which must not be earlier than three (3) school days nor later than five (5) school days after the notice is given, unless the Superintendent grants an extension upon request of the student or parent.

 
 

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.

     
 

Appeal of Expulsion to the Board

 
 

A student who is eighteen (18) or older or a studentís 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.

 
 

A verbatim record will be kept of the hearing which may be held in executive session at the request of the student, parent, or guardian.

 
 

The procedure to pursue such appeal will be in accordance with regulations approved by the Superintendent. Notice of appeal must be filed, in writing, within fourteen (14) calendar days after the date of the Superintendentís decision to expel with the Treasurer of the Board or the Superintendent.

 
 

While a hearing before the Board may occur in executive session, the Board must act in public.

 
 

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 Ė 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 Ė 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.

The Superintendent shall require 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 disciplinary 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

© Neola 2007