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