Disciplinary Appeals Procedure

Outlining How to Appeal Disciplinary Action

  • The following conditions are applicable to the appeal of any disciplinary action:

    1.  At each level of appeal the parent must provide written notice stating the reason[s] for the appeal and a proposed resolution.
    2. The initial disciplinary action will not be stayed or delayed while the appeal is pending.
    3. No issue or evidence may be presented on appeal that was not presented at the time of the initial disciplinary decision, unless it could not have been discovered, through reasonable inquiry, at that time.
    4. At each level of appeal the judgment of the person/body hearing the appeal can be substituted for the underlying decision.  For example, the appellate decision may void the initial disciplinary action, affirm it without change, enter a less severe sanction, or enter a more severe sanction, including expulsion.

     

    In-school Discipline Appeal
    Any administrative response, as set forth in this handbook, other than out of school suspension or alternative placement may be appealed by providing written notice to the building Principal within three (3) school days of the disciplinary action who will then schedule a conference with the student/parent to discuss the disciplinary action. If the parent or legal aged student is not satisfied with the Principal’s decision following the conference his/her decision may be appealed by providing written notice within three (3) school days to the Director of Student Services.  A hearing will then be scheduled before the Disciplinary Review Committee.  The decision of the Disciplinary Review Committee will be final and cannot be appealed further.

     

    Out of School Suspension Appeal
    Any out of school suspension may be appealed by providing written notice to the building Principal within three (3) school days of the disciplinary action who will then schedule a conference with the student/parent to discuss the disciplinary action.  If the parent or legal aged student is not satisfied with the Principal’s decision following the conference his/her decision may be appealed by providing written notice within three (3) school days to the Director of Student Services.  A hearing will then be scheduled before the Disciplinary Review Committee.  If the parent or legal aged student is not satisfied with the decision of the Disciplinary Review Committee its decision may be appealed by providing written notice within three (3) school days of the decision to the Superintendent. The Superintendent or his/her designee will review all material submitted to the Disciplinary Review Committee, and may schedule a conference with the necessary parties if he/she deems it necessary.  A written decision will be issued with respect to the parent’s appeal.  The decision of the Superintendent and or his/her designee will be final and cannot be appealed further.

    Alternative Placement Appeal
    A student assigned to the alternative program by the Disciplinary Review Committee may appeal by providing written notice to the Superintendent within three (3) school days of the disciplinary action.  The written notice must state the reason for the appeal and propose a resolution.  A hearing will then be scheduled with the Superintendent or his/her designee.  If the parent or legal aged student is not satisfied with the decision of the Superintendent or his/her designee the decision may be appealed to the Board of Education by submitting written notice to the Superintendent within three (3) school days of the Superintendent’s or his/her designee’s decision.  Again, the written notice must state the reason for the appeal and propose a resolution.  A hearing will then be held with the Board of Education.  The decision of the Board will be final and cannot be appealed further.  There is no appeal from a Board placement in the alternative program.