DISCIPLINE HANDBOOKS

 

HOW TO APPEAL DISCIPLINARY INTERVENTIONS

• Upon receiving a suspension/consequence from the assistant principal the first step in the appeal process if to address the matter with the site principal (Level 1).
• If you are dissatisfied with the Level 1 resolution by the principal you may file a formal complaint.

• The schools family facilitator will contact you, review the complaint, investigate, and advise you of the resolution in a Level 2 response letter.
• If you are unsatisfied with the family facilitator's resolution, you may appeal to the Level 3 facilitator.  The request must be in writing within 10 days of receiving the Level 2 response.

• The Level 3 facilitator will contact you, review the complaint, investigate, and advise you of the resolution in a Level 3 response letter.
• This is the final decision of the District with the exception of a suspension appeal.
• If your appeal is regarding a suspension and you disagree with the Level 3 facilitator, you may request to take your complaint to Level 4, review by the Board of Trustees. The request must be in writing within 10 days of receiving the Level 3 response.

• As part of the review process, the Board of Trustees may determine to invite necessary parties to appeal before the Board regarding the complaint.  The decision of the Board of Trustees shall be final.

DUE PROCESS RIGHTS OF STUDENTS RECOMMENDED FOR EXPULSION

A student is suspended for a violation of Education Code section 48900.

 

The parent/guardian must be notified of specific charges upon which the recommendation for expulsion is bases (i.e. Education Code Section 48900, subsection (a) through (q); or Section 49800.2; or Section 48900.3; or Section 48900.4; or Section 48900.7; or Section 48915.

 

An extension of a suspension beyond 5 days may be recommended.

 

The parents/guardians are invited to participate to discuss the extension and the expulsion.

 

The parents/guardians may enter into an agreement or may request a hearing.

 

The parent/guardian must be given 10 days notice in advance of a scheduled expulsion hearing.

 

An expulsion hearing must be conducted within 30 school days of the principal determining an act that warrants the recommendation to expel has been committed. 

 

The hearing is closed to the public unless the parent/guardian requests it to be open.

 

The parent/guardian may request a 30 calendar-day postponement of the hearing to expel.

 

The parent/guardian may appear in person or be represented by an attorney at the hearing.

 

The parent/guardian may inspect and obtain a copy of any and all documents to be presented at the hearing.

 

The parent/guardian may face and question all witnesses at the hearing.

 

The parent/guardian may present oral or documentary evidence in support of the pupil.

 

The hearing panel must make its decision whether to recommend expulsion within 3 school days after the hearing.

 

If he Hearing Panel finds that grounds do not exist for an expulsion, the matter is terminated and the student is returned immediately to his/her previous school or another instructional program in the District.

 

The decision of the School Board as to whether to expel the student must be made within 10 school days of the conclusion of the hearing (for good cause, the Superintendent may extend Board consideration for 5 additional days).