Further Disciplinary Action Process
The Student Management and Alternative Programs Department (SMAPD) 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.
Step 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 SMAPD.
- If it is determined that further disciplinary action should be considered, a referral is made to SMAPD.
- 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 case being referred to SMAPD.
Step 2 - Student is Referred to SMAPD for Further Disciplinary Action
When a student is referred to SMAPD for further disciplinary action, the school notifies the parent/guardian of the referral and a SMAPD hearing is scheduled.
Once the referral has been made:
- Notification from SMAPD 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 SMAPD 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 if it will be held virtually.
Step 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, parents/guardians, and the student. Attorneys are allowed to attend the Student Management and Alternative Programs Department hearings if the parent/guardian chooses to have one attend.
Step 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 base school
- Long-term suspension for 11-45 days – the student is placed in a nontraditional program
- Long-term suspension for 46-364 days – the student is placed in a nontraditional program
- Only used when the incident involved aggravating circumstances (serious harm, credible threat of serious harm or the safety of students or staff, or persistently dangerous)
- Expulsion (total of 365 days) – the student is placed in the Computer-Based Instruction (CBI) remote-only program
For students receiving special education services, an IEP meeting will be held to determine the appropriate educational assignment for the duration of the suspension/expulsion.
Step 5 - Decision Letter Sent
A letter will be sent from SMAPD to the parent/guardian once a decision is made following the further disciplinary action hearing. The letter will include the decision and information on how to move forward.
Please contact the Student Management and Alternative Programs Department for assistance.