Due Process for Disciplinary Action

advertisement
Descriptor Term:
DUE PROCESS
JCAA
ISSUE DATE: 6/7/2005
REVISED DATE: 6/3/2010
REVIEW DATE: 10/1/2015
When a student is confronted with disciplinary action, the board and its administrators shall afford him the
safeguards of due process as required by applicable law.
In any case, the student must be made fully aware of his rights and must be given an opportunity to
present his side of the case prior to any action being taken by school officials.
The superintendent of schools and the principal of a school shall have the power to suspend a pupil for
good cause or for any reason for which such pupil might be suspended, dismissed or expelled by this
school board. However, such action of the superintendent or principal shall be subject to review by and
the approval or disapproval of this school board. If the parent, guardian or other persons having custody
of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian
or other person shall have the right to a due process hearing. The parent or guardian of the child shall be
advised of this right to a hearing by the superintendent or principal and the proper form shall be provided
for requesting such a hearing. S37-9-71
Due Process for Disciplinary Action
Student Suspension (1-10 days):



Explanation given by School Administration of the evidence against the student.
Opportunity for the student to present his/her account and explanation.
Notification to the student and parent/guardian of the administrator’s decision and of any possible
damages to school property.
Student Expulsion and Long-Term Suspension





Written notice of charges against the student, notice of hearing date, and notice of the right to
legal counsel sent to the parent/guardian by certified mail or hand delivered.
Hearing before the School Board or Hearing Officer appointed by the Board.
Hearing will be scheduled not later than ten (10) days from the date of the violation of school
rules/regulations.
Student has the right to an attorney, the opportunity to speak on his or her behalf, and/or call
others to testify on his or her behalf, and a list of possible administrative witnesses.
The School Board will provide in writing their decision to the student and their parent/guardian.
LEGAL REF.: Mississippi Code, S37-7-301 (e); S37-9-71
Goss v. Lopez, 419 U.S. 565 (1975);
U.S. Constitution, Amendment XIV
Wood v. Strickland, U.S. 95 S. Ct. 992 (1975)
APPROVED:
__________________________________
______________________________________
______________________________________
_______________________________________
_______________________________________
Board of Trustees
NORTH PIKE SCHOOL DISTRICT
Page 1 of 2
Descriptor Term:
JCAA
DUE PROCESS
ISSUE DATE: 6/7/2005
REVISED DATE: 6/3/2010
REVIEW DATE: 10/1/2015
North Pike School District
North Pike School District
1036 Jaguar Trail
Summit, MS 39666
Telephone (601) 276-2216 - Fax (601) 276-3666
DUE PROCESS FOR DISCIPLINARY ACTION
FOR STUDENT EXPULSION AND LONG-TERM SUSPENSION
 Written notice of charges against the student, notice of hearing date,
and notice of the right to legal counsel sent to the parent/guardian by
certified mail or hand delivered.
 Hearing before the School Board or Hearing Officer appointed by the
Board.
 Hearing will be scheduled not later than ten (10) days from the date
of the violation of school rules/regulations.
 Student has the right to an attorney, the opportunity to speak on his
or her behalf, and/or call others to testify on his or her behalf, and a
list of possible administrative witnesses.
 The School Board will provide in writing their decision to the student
and their parent/guardian.
NORTH PIKE SCHOOL DISTRICT
Page 2 of 2
Download