YOUR PROCEDURAL RIGHTS

58% OF SUSPENSIONS HAVE PROCEDURAL VIOLATIONS.

BOTH types of suspension require the school to notify the parents

PRINCIPAL'S SUSPENSION SUPERINTENDENT SUSPENSION

Students on principal suspension have the right to a CONFERENCE with the principal prior to suspension.

The principal must schedule the conference to occur within 5 days of suspension notice.

The student must remain in class pending the conference unless the student poses a continuing danger or disruption to school.

During the conference, the school must provide parents an opportunity to present the student’s version of the event and to question a school official or students who witnessed or were involved in the incident.

Students on superintendent's suspension have the right to a HEARING.

Reserved for more serious behavior than a principal suspension.

High school suspensions must be approved by the CEO of the DOE Office of Safety and Youth Development (OSYD). K-8 suspensions must be approved by the CEO/designee, community superintendent, or other designee of the chancellor.

During the hearing, students can have counsel, refuse to answer questions, present evidence and witnesses, question school’s witnesses.

School must provide a copy of student records and all materials relating to the suspension prior to the hearing date upon request. After the hearing, the officer must provide a written decision on whether the suspension has been upheld, canceled or shortened.