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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