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Further Disciplinary Action Hearing Process

Further Disciplinary Action Process

The Student Hearings Department conducts due process hearings when it is determined that further disciplinary action should be considered for a student. Based on the findings in the hearing, a determination on further disciplinary action will be made by a hearing officer.

Please contact the Student Hearings Department for assistance.

  1. Student Receives 1-10 Days of Out-of-School Suspension

    When a student is assigned 1-10 days of out-of-school suspension (OSS), the school administration investigates the incident to determine if further disciplinary action beyond the OSS assignment should be considered.

    • If no further disciplinary action is recommended, the student will return to school upon completion of the OSS assignment and no referral will be made to the Student Hearings Department.
    • If it is determined that further disciplinary action should be considered, a referral is made to the Student Hearings Department.
      • For special education students (with an IEP or 504 plan), a manifestation determination review must take place within 10 school days of the suspension and prior to the hearing taking place.

  2. Student is Referred to the Student Hearings Department for Further Disciplinary Action

    When a student is referred to the Student Hearings Department for further disciplinary action, the school notifies the parent/guardian of the referral, and a Student Hearings Department hearing is scheduled.

    Once the referral has been made:

    • Notification from the Student Hearings Department of the hearing date and time will be sent to the parent/guardian.
    • The student completes work through Canvas (or as the school indicates) until the Student Hearings Department hearing takes place and the final decision is made.
    • The parent/guardian will receive a copy of a packet that will be reviewed and Zoom meeting information 48 hours before the hearing.

  3. Further Disciplinary Action Due Process Hearing

    Hearings are 45 minutes in length and are conducted by a hearing officer. Hearing participants include the hearing officer, school administrator, interpreter (if applicable), parents/guardians, and the student. Attorneys are allowed to attend Student Hearings Department hearings if the parent/guardian chooses to have one attend.

  4. Hearing Officer Makes a Determination

    Based on the findings at the hearing, the hearing officer makes a determination. The possible outcomes are:

    • End suspension and return to a traditional school.
    • Reassigned for a period of 45 or 90 days to a nontraditional program.
    • Expulsion (total of 365 days) – the student is provided educational services via the Computer-Based Instruction (CBI) remote-only program.

    For students receiving special education services, an Individualized Education Program (IEP) meeting will be held to determine the appropriate reassignment for the duration of the suspension/expulsion.

  5. Decision Letter Sent

    A letter will be sent from the Student Hearings Department to the parent/guardian once a decision is made following the further disciplinary action hearing. The letter will include the decision and the appeal process.