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Section IV: Procedures for Dealing with Violations and Right of Appeal

Section IV

Procedures for Dealing With Violations and Right of Appeal

Right to Due Process

No student may be punished for alleged misconduct without due process.

  • 1. Students Are Entitled To:

    Notice of the Charges

    Oral or written notice of the charges.

    Explanation of the Evidence

    An explanation of the evidence related to the alleged misconduct.

    Opportunity to Respond

    An opportunity to present his/her side of the story.

  • 2. Suspension and Due Process Requirements

    Education Code 48903, 48911

    A. Definition

    • A suspension is a temporary removal from school for violation of school rules.
    • A student may not be suspended for more than five days at a time.
    • A student may not be suspended for more than twenty days per school year from any one school. The District will transfer the student to an alternative education setting at 20 days of suspension.
    • In cases where a recommendation for expulsion has been made, the suspension may be extended by the Superintendent's designee until the expulsion hearing is held.
    • Reinstatement of the suspended pupil shall not be contingent upon the attendance of the pupil's parent or guardian at such a conference.

    B. Student's Right to a Hearing

    The principal or designee shall meet with the student for the purpose of:

    1. Presenting oral or written notice of the charges.
    2. Giving an explanation of the evidence.
    3. Giving the student an opportunity to present his or her side of the story.

    If it is determined that the student is responsible for a violation of school rules, the student may be suspended for no more than five consecutive school days.

    C. Parent Conference

    At the beginning of a suspension, the parent or guardian of the student being suspended should be notified in writing of the following:

    1. A statement of the facts leading to the decision to suspend.
    2. The date and time when the student will be allowed to return to school.
    3. A statement of the parent's or student's right to have access to the student's records.
    4. A request that the parent or guardian attend a conference to discuss the student's behavior.

    Parent/Guardian Responsibility: The parent or guardian is required by law to respond without delay to any request from school officials to attend a conference regarding his or her child's behavior.

    D. Parent's Right to Appeal

    The student and his or her parent or guardian have the right to request a meeting with the principal if an appeal of the suspension is desired.

    Appeal Timeline: They may appeal to the appropriate Educational Services Director within three weeks of the date of suspension when a suspension is issued by the principal, or in any other instance in which a review of the District's action is desired.

  • 3. Expulsion and Due Process Requirements

    Education Code 48918

    A. Definition

    An expulsion is the long-term removal of a student from attendance at any school in the District by the Board of Education.

    B. Student's Right to a Hearing

    1. A hearing panel shall be convened to determine whether a student should be expelled.

      Hearing Timeline: The hearing shall take place within 30 school days of the date the principal determines that the student committed an act deserving suspension and expulsion.

      The student may postpone the hearing one time for up to 30 days.

    2. At least 10 days before the hearing, the parent/guardian must be given written notice through U.S. Mail that an expulsion hearing has been scheduled.
    3. The student and his/her parents/guardians or legal representative have the right to participate in the hearing process.
      Hearing Rights Include:
      • Calling witnesses.
      • Questioning school officials.
      • Subpoenaing witnesses.
      • Presenting information on behalf of the student.
    4. If the parent wishes to use legal counsel or issue subpoenas to witnesses, the Department of Admissions and Child Welfare & Attendance must be notified within seven (7) days of the hearing date.
    5. Recommendations of the Hearing Panel are forwarded to the Governing Board for final action.

    C. Student's Right to an Appeal

    If the Board of Education decides to expel the student, the student or the student's parent/guardian may appeal the decision to the Board of Education.

    County Appeal: If the appeal is not upheld by the Board of Education, the parent may appeal the decision of the District Board of Education to the San Joaquin County Board of Education within 30 days.

    Continuation School or Class Placement: Parents/guardians wishing to appeal continuation school or class placement may contact the Director of Admissions.