School Discipline Guide

Next steps:

The school district cannot impose an expulsion or exclusion of your child without a hearing, unless you and your child waive your right to a hearing in writing.¹

Pending the school board’s decision in an expulsion or exclusion hearing, the school can suspend your child for up to a total of 15 school days, as long as alternative educational services* are provided to your child once the suspension exceeds five consecutive school days.²

To initiate a hearing, the school is required to provide you and your child with a complete copy of the PFDA* along with a written notice of intent, delivered personally or by mail, which includes the following information:³

• The date, time, and place where the hearing will be held
• A complete statement of the facts, a list of the witnesses, and a description of their testimony
• A description of the nonexclusionary disciplinary practices* that were provided to your child in an attempt to avoid the expulsion proceedings
• You and your child’s right to:
  • Examine your child’s records before the hearing
  • Present evidence
  • Confront and cross-examine witnesses
  • Have a representative of your child’s own choosing at the hearing, including legal counsel

Hearing procedures:

• The hearing must be scheduled within 10 days of the date the school serves you and your child with the written notice of intent, unless you, your child, or the school board request an extension for good cause and not to exceed five days.⁴The hearing must be held at a time and place that is reasonably convenient to you or your child.⁵The hearing will be closed to the public unless you or your child requests an open hearing.⁶ 
• A reasonable time before the hearing, the school must give you, your child, or your child’s representative access to all school records pertaining to your child, including any tests or reports that the school may use as a basis for proposing to expel or exclude your child.⁷
• You, your child, or your child’s representative have the right to compel the attendance at the hearing of any school employee or agent of the school, any public employee, or any other person who may have evidence that the school may use as a basis for proposing to expel or exclude your child.⁸
• The school board decides if the hearing will take place before an independent hearing officer, a school board member, a school board committee, or the full school board. Whoever the school board selects to hear the proceedings, they are required to conduct the hearing in a fair and impartial manner.⁹The hearing officer or a school board member has the power to issue subpoenas and administer oaths.¹⁰
• At the hearing, you, your child, or your child’s representative has the right to present evidence and testimony, including expert psychological or educational testimony,¹¹ and the right to confront and cross-examine any witness testifying for the school.¹² Your child cannot be compelled to testify.¹³ All testimony at the hearing must be given under oath.¹⁴
• The school board must record the hearing proceedings at the expense of the district. You can get a transcript of the hearing at your own expense.¹⁵

After the hearing:

• Within two days of the end of the hearing, the hearing officer or the member or committee of the school board who heard the proceedings must make a recommendation to the school board on whether or not to expel or exclude your child, based solely on the substantial evidence that was presented at the hearing, and serve you and the school board with their recommendation.¹⁶
• Within five days after receiving the recommendation, the school board must hold a meeting and make a decision regarding your child’s expulsion or exclusion. At this meeting, both you and the school have an opportunity to present exceptions and comments to the hearing officer’s recommendations, as long as no new evidence is presented that was not already presented at the hearing. The school board’s decision must be in writing, based on the record, and state the controlling facts used to make the decision in enough detail that you, the school, and the commissioner of education are made aware of the basis and the reason for the decision.¹⁷

If the school board decision is NOT to expel or exclude your child:

Go to conclusion >>>

If the school board decision is to expel or exclude your child:

Continue here >>>

* - definitions