Policy 5481

Students

Procedures for Long-term Suspension, Expulsion or Mandatory Reassignment

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 05/25/2010
Related policies & regulations:  
Legal references:  79-269 through 79-292

 

The following procedures shall be followed with regard to any long-term suspension, expulsion or mandatory reassignment.

  1. The decision to recommend such discipline shall be made within two school days after learning of the alleged student misconduct.
  2. The principal or assistant principal shall prepare a written summary of the alleged violation and the evidence supporting the alleged violation with the director of student services or the administrative assistant to the director of student services.
  3. If the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers, and a notice of intent to discipline the student by long-term suspension, expulsion, or mandatory reassignment is filed with the director of student services or their administrative assistant, the student may be suspended by the principal until the date the long-term suspension, expulsion, or mandatory, reassignment takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes the report of their findings and a recommendation of the action to be taken to the Superintendent.
  4. If the director of student services or designee deems further action appropriate, said party shall either send by registered or certified mail or by personal service the student and the student’s parents or guardian with a written notice within two school days of the date of the decision.  Said notice shall include the following:
    • The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for long term suspension or expulsion including a summary of the evidence to be presented against the student as submitted by the principal or assistant principal.
    • The penalties to which the student may be subjected and the penalty which the principal, director of student services or designee has recommended in the charge.
    • A statement explaining the student’s right to a hearing upon request and that if the student is suspended pending the outcome of the hearing, the student may complete classwork and homework, including, but not limited to, examinations, missed during the period of suspension pursuant to district guidelines which shall not require the student to attend the school district's alternative programs for expelled students in order to complete classwork or homework.
    • A description of the hearing procedures provided by these policies along with procedures for appealing any decision rendered at the hearing.
    • A statement that the administrative representative, legal counsel for school, the student, the student’s parents, or the student’s representative or guardian shall have the right to examine the student’s academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct, and the right to know the identity of the witnesses to appear at the hearing and the substance of their testimony.
    • A form or a request for hearing to be signed by such parties and delivered to the director of student services in person or by registered or certified mail.
  5. Nothing in this policy shall preclude the student, student’s parents, guardian or representative from discussing and settling the matter with appropriate school personnel prior to the time the long-term suspension, expulsion, or mandatory reassignment takes effect.
  6. In the event that the director of student services or their administrative assistant has not received a request for hearing within five school days following receipt of the written notice, the punishment recommended in the charge by the principal, director of student services, or their administrative assistant shall automatically go into effect.
  7. If a hearing is requested more than five school days following the actual receipt of the written notice, but not more than thirty calendar days after actual receipt, the student shall be entitled to a hearing but the punishment imposed may continue in effect pending final determination.
  8. If a request for hearing is not received within thirty calendar days following the mailing or delivery of the written notice, the student shall not be entitled to a hearing.
  9. In the event that a hearing is required to be provided, the Superintendent shall recommend appointment of a hearing officer within two school days after receipt of the hearing request.

Hearing Procedure

  1. Selection of Hearing Officer. The student or the student's parent or guardian may request designation of a hearing examiner other than the hearing examiner recommended by the superintendent if notice of the request is given to the superintendent within two school days after receipt of the superintendent's recommended appointment. Upon receiving such request, the superintendent shall provide one alternative hearing examiner who is not an employee of the school district or otherwise currently under contract with the school district and whose impartiality may not otherwise be reasonably questioned. The superintendent may also provide an additional list of hearing examiners that may include hearing examiners employed by or under contract with the school district. The student or the student's parent or guardian shall, within five school days, select a hearing examiner to conduct the hearing who was recommended, provided as an alternative hearing examiner, or included on an additional list, if any, pursuant to this subdivision and shall notify the superintendent in writing of the selection. The superintendent shall appoint the selected hearing examiner upon receipt of such notice.
  2. Hearing Officer.    The hearing officer shall be an individual who has had no involvement in the charge, will not be a witness at the hearing and who has not brought the charges against the student. The hearing examiner shall be an individual who has knowledge of the Student Discipline Act, training in the requirements of the act, or experience conducting student hearings. It shall be the duty of the hearing officer to remain impartial throughout all deliberations.  The hearing officer shall be available prior to any hearing held pursuant to this policy to answer any questions the administrative representative, the student, the student’s parents, or guardian, may have regarding the nature and conduct of the hearing.
  3. Administrative Representative.  The Director of Student Services shall appoint an administrative representative with the responsibility to present the facts and evidence.  Such administrative representative may be an attorney or may be represented by an attorney, but any such attorney shall not advise the hearing officer or parties who may review the proceedings as their counsel.
  4. Notice of Hearing.  If a hearing is requested within five school days of receipt of the notice, the hearing officer shall, within two school days after being appointed, give written notice to the administrative representative, and the student, the student’s parents or guardian of the time and place for the hearing.  The hearing shall be held within a period of five school days after appointment of the hearing officer.  No hearing shall be held upon less than two school days’ actual notice to the administrative representative, and the student, the student’s parents, or guardian, except with the consent of all of the parties.
  5. Continuance.  Upon written request of the student or the student’s parents or guardian, the hearing officer shall have the discretionary authority to continue from time to time the hearing.  In addition, the hearing officer may continue the hearing upon any good cause with consent of the parties.
  6. Access to Records.  The administrative representative, the student, the student’s parent or guardian and the legal counsel for the student shall have the right to receive a copy of all records and affidavits referred to in the Student Discipline Act and the statements of any witnesses in the possession of the Lincoln Board of Education no later than 48 hours prior to the hearing.
  7. Hearing Procedure.  The hearing shall be attended by the hearing officer, the student, the student’s parents, or guardian, the student’s representative if any, and the administrative representative.  Witnesses shall be present only when they are giving information at the hearing or with the consent of both parties.  The student may be excluded at the discretion of the hearing officer at times when the student’s psychological evaluation or emotional problems are being discussed.  The student or the student’s parents or guardian or both may be represented by legal counsel.  The hearing examiner may exclude anyone from the hearing when their actions substantially disrupt an orderly hearing.  The formal rules of evidence shall not apply at the hearing. The administrative representative shall present to the hearing officer statements, in affidavit form, of any person having information about the student’s conduct and the student’s records, but not unless such statements and records have been provided to the student, the student’s parents, guardian or representative 48 hours prior to the hearing.  The information contained in such records shall be explained and interpreted prior to or at the hearing to the student, parents or guardian, or representative at their request, by appropriate school personnel.  The student, the student’s parents, guardian, or representative, the administrative representative or the hearing officer may ask witnesses to testify at the hearing. Testimony shall be under oath and the hearing officer shall be authorized to administer the oath.  The student, parent, guardian, or representative, administrative representative, or the hearing officer shall have the right to question any witness giving information at the hearing, the student may testify in their own defense in which case they shall be subject to cross-examination.  The student however shall not be required to testify in their own defense in which case they will not be subject to cross-examination nor will any conclusion be drawn therefrom.  Any person giving evidence by written statement or in person at a hearing shall be given the same immunity from liability as a person testifying in a court case.  A single hearing may be conducted for more than one student if in the discretion of the hearing examiner a single hearing is not likely to result in confusion or prejudice to the interest of any of the students involved. If during the conduct of such a hearing, the hearing examiner concludes that any of such student’s interests will be substantially prejudiced by a group hearing, or that confusion is resulting, the hearing examiner may order a separate hearing for each or any of said students.
  8. Availability of Witnesses. The hearing officer will have the authority to subpoena any witnesses to the hearing. The hearing examiner shall make reasonable effort to assist the student or the student's parent, guardian, or representative in obtaining the attendance of witnesses. The school district shall make available those witnesses who have knowledge of or were involved in the alleged misconduct and subsequent discipline of the student if such witnesses are requested by the student or the student's parent, guardian, or representative and such witnesses are employees or under contract with the school district.
  9. Record. The proceedings of the hearing shall be recorded at the expense of the School District.
  10. Findings. Within ten calendar days after the conclusion of the hearing, the hearing officer shall prepare and submit to the Superintendent and the student or the student’s parent or guardian their written findings and recommendation as to disposition.  This report shall explain, in terms of the needs of both the student and the Board, the reasons for the particular action recommended.  Such recommendation may range from no action, through the entire field of counseling, to long-term suspension, expulsion, or mandatory reassignment.
  11. Review by Superintendent.  The Superintendent shall review the findings and recommendations of the hearing officer and in their discretion may also review any of the facts and evidence presented at the hearing and based upon such report and the facts shall determine the sanctions to be imposed.  However, the Superintendent may not impose a more severe sanction than that imposed by the hearing officer. The Superintendent shall notify the student or the student's parent or guardian of the Superintendent's determination within five school days after receipt of the hearing examiner's report.
  12. Notice of Determination.  Written notice of the findings and recommendations of the hearing officer and the determination of the Superintendent shall be made by certified or registered mail or by personal delivery to the student, the student’s parents or guardian.  Upon receipt of such written notice by the student and/or parents and guardian, the determination of the Superintendent shall take immediate effect unless the student or the student's parent or guardian appeals the written notice of determination of the superintendent pursuant to the Student Discipline Act.
  13. Appeal to Board.  The student, student’s parents or guardian may, within seven school days following the receipt of the Superintendent’s decision, submit to the Superintendent of Schools a written request for a hearing before the Lincoln Public School’s Board of Education.
  14. Review by Lincoln Board of Education.  Upon receipt of the request for review of the Superintendent’s determination, the Lincoln Public School’s Board of Education or a committee of not less than three members shall, within ten school days, hold a hearing on the matter.  Such hearing shall be made on the record except that the Board may admit new or additional evidence to avoid a substantial threat of unfairness.  Such new evidence shall be recorded.  The Board or committee thereof may withdraw to deliberate privately upon the record and new evidence.  Any such deliberation shall be held in the presence only of Board members in attendance at the appeal proceeding, but may be held in the presence of legal counsel who has not previously acted as the administrative representative in presenting the school’s case before the hearing officer.  If any questions arise during such deliberations which require additional evidence, the Board or committee thereof may require the hearing to receive such evidence, subject to the right of all parties to be present.  A record of any such new or additional evidence shall be made and shall be considered as a part of the record and based upon the evidence presented at the hearing before the hearing officer, and such new or additional evidence, the Board or the committee shall make a final disposition of the matter.  The final action of the Board shall be taken within three calendar days after the hearing.  The Board may alter the Superintendent’s disposition of the case if it finds their decision to be too severe, but it may not impose a more severe sanction. 
  15. The final decision of the Board shall be delivered to the student and parents or legal guardian of the student by personally delivering the same or by mailing the same by certified or registered mail within three calendar days after the final action.