Hawthorne School Parent-Student Handbook 2016-2017
Suspension and Expulsion When a student is suspended, the student may not participate in the District‘ s general education or special education program. Students are entitled to educational services, in or out of school, within five school days. Generally, the student will not be allowed to participate in any extracurricular programs or school events such as class trips, moving up ceremonies, etc. Suspended students are not allowed on school grounds without the permission of the Superintendent.
Students Rights for Short-Term Suspension( removal for 10 school days or fewer)
� Oral or written notice of charges and student‘ s due process rights to be provided to the student and student‘ s parents / guardians as soon as practical; an explanation of evidence supporting the charges when they are denied by student; an informal hearing prior to the suspension, if practical, where the student has an opportunity to present his / her side of the story;
� Notification to the student‘ s parents / guardians of removal, prior to end of the school day on which the decision to suspend was made; and
� If a student with a disability is suspended, educational services shall be provided according to student‘ s IEP.
Student Rights for Long-Term Suspension( removal for more than 10 school days) � Immediate notification of charges to the student and parents / guardian, prior to removal; supervision of the student while he / she is waiting to be removed; � An informal hearing prior to suspension; � Written notification to parents / guardians within two school days of the suspension, stating the specific charges, facts, and the student‘ s due process rights; written notice that further engagement by the student in conduct warranting expulsion shall amount to a knowing and voluntary waiver of the student‘ s right to a free public education, in the event that a decision to expel the student is made by the Board of Education;
� A list of witnesses and their statements or affidavits( if any), information on the right of the student to secure an attorney, and a list of legal resources available in the community; � Educational services, either in or out of school, within five days of the suspension; � A formal hearing, 30 calendar days following the day the student is suspended, before the Board. During the hearing the student can confront and cross-examine witnesses, where there is a question of fact, present his or her own defense and produce oral testimony or written supporting affidavits;
� A written decision by the Board will be provided within five school days of the closing of the formal hearing;
� The decision of the Board may be appealed to the Commissioner of Education within 90 days;
� Unless otherwise determined by the Board, suspension may not be continued beyond the Board‘ s second regular meeting following the suspension;
� The determination to continue a suspension shall be based on the nature and severity of the offense, the removal decision, and results of testing, evaluations, and assessments;
� The determination shall be reviewed at each subsequent Board meeting; and
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