4. Procedural Due Process Rights

a. Suspension Procedures:

When a principal (or designee) determines that a student should be suspended, the following procedures will be followed:

(1) A meeting will be held prior to the suspension of any student. At this meeting the student will be entitled to:

(a) a written or oral statement of the charges against the student;

(b) if the student denies the charges, a summary of the evidence against the student will presented; and

(c) the student will be provided an opportunity to explain his or her conduct.
 

(2) The meeting shall precede suspension of the student except where the nature of the misconduct requires immediate removal. In such situations, the meeting will follow the suspension as soon as reasonably possible following the date of the suspension.
 

(3) Following suspension, the parents or guardians of suspended students will be notified in writing. The notification will include the dates of the suspension, describe the misconduct, and the action taken by the principal.
 

b. Expulsion Procedures

When a principal (or designee) recommends to the superintendent (or designee) that a student be expelled from school, the following procedures will be followed:

(1) The superintendent (or designee) may conduct an expulsion meeting, or may appoint one of the following persons to conduct the expulsion meeting:

(a) legal counsel

(b) a member of the administrative staff who did not expel the student and was not involved in the events giving rise to the expulsion.

The superintendent or the person designated by the superintendent under this subsection may continue the suspension of a student for more than the five (5) school day period of the principal's suspension and until the time of the expulsion decision under this section if the superintendent or the designated person determines that the student's continued suspension will prevent or substantially reduce the risk of:

(a) interference with an educational function or school purposes; or

(b) a physical injury to the student, other students, school employees, or visitors to the school

if the reasons for it are enumerated. However, a student may not be suspended from school pending a meeting on a student's proposed expulsion if the expulsion is ordered under the section permitting expulsion for violation of the legal settlement provisions. [I.C. 20-8.1-5.1-16]
 

(2) An expulsion will not take place until the student's parents are asked to appear at an expulsion meeting conducted by the superintendent or the person designated above. Failure by a student or a student's parent to appear at this meeting will be deemed a waiver of rights administratively to contest the expulsion or to appeal it to the school board.
 

(3) The request to appear at the expulsion meeting will be in writing, delivered by certified mail or by personal delivery, and contain the reasons for the expulsion and the date, time, place and purpose of the meeting.
 

(4) At the expulsion meeting, the principal (or designee), will present evidence to support the charges against the student. The student or parents will have the opportunity to answer the charges against the student, and to present evidence to support the student's position.
 

(5) If the expulsion meeting is held, the person conducting the expulsion meeting will make a written summary of the evidence heard at the meeting, take any action found to be appropriate, and give notice of the action taken to the student and the student's parent.
 

(6) A student or a student's parent who fails to appear at an expulsion meeting after receipt of a request to appear forfeits all rights administratively to contest and appeal the expulsion. For purposes of this section, a request to appear at an expulsion meeting or notice of the action taken at an expulsion meeting is effectively given at the time when the request or notice is delivered personally or sent by certified mail to a student or the student's parent. [I.C. 20.8.1-5.1-13(e)]
 

Any rights granted to a student or a student's parent by this chapter may be waived only by a written instrument signed by both the student and the student's parent. The waiver is valid if made voluntarily and with the knowledge of the procedures available under I.C. 20.8.1-5.1 and of the consequences of the waiver. [I.C. 20.8.1-5.1-21]
 

(7) Except in the case of possession of a firearm or a weapon, a student may not be expelled for a longer period than the remainder of the school year in which the expulsion took effect if the misconduct occurs during the first semester. Whenever a student is expelled during the second semester, the expulsion remains in effect for summer school and may remain in effect for the first semester of the following school year, unless otherwise modified or terminated by order of the governing body. The appropriate authorities may require that a student who is at least sixteen (16) years of age and who wishes to re-enroll after an expulsion or an exclusion attend an alternative program. [I.C. 20-8.1-5.1-14(a)]
 

(8) An expulsion that takes effect more than three (3) weeks before the beginning of the second semester of a school year must be reviewed before the beginning of the second semester. The review shall be conducted by the superintendent or a person designated under section 13(a) of I.C. 20-8.1-5.1 after notice of the review has been given to the student and the student's parent. The review is limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original meeting. The review may lead to a recommendation by the person conducting the review that the student be reinstated for a second semester. [I.C. 20-8.1-5.1-14(b)]

(9) An expulsion that will remain in effect during the first semester of the following school year must be reviewed before the beginning of the school year. The review shall be conducted by the superintendent or person designated under section 13(a) of I.C. 20-8.1-5.1 after notice of the review has been given to the student and the student's parent. The review is limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original meeting. The review may lead to a recommendation by the person conducting the review that the student be reinstated for the upcoming school year. [I.C. 20-8.1-5.1-14(c)]
 

The student or parent has the right to appeal the decision of the person conducting the expulsion meeting to the school board within 10 days of the receipt of notice of the action taken. The student or parent appeal to the school board must be in writing. If an appeal is properly made, the board must consider the appeal unless the board votes not to hear the appeal. If the board hears the appeal, it will consider the written summary of the expulsion meeting and arguments of both the school administration and the student and/or the student's parent. The board will then take any action deemed appropriate. [I.C. 20-8.1-5.1-13(d)]
 

Judicial review of a governing body's action under I.C. 20-8.1-5.1 by the circuit or superior court of the county in which a student who is the subject of the governing body's action resides is limited to the issue of whether the governing body acted without following the procedure required under I.C. 20-8.1-5.1.
 

[I.C. 20.8.1-5.1-15]
 

(10) A principal may require that a student who:

(a) is at least sixteen (16) years of age; and

(b) wishes to re-enroll after an expulsion;

attend one or more of the following:

(1) an alternative school or an alternative educational program;

(2) evening classes;

(3) classes established for students who are at least sixteen (16) years of age.

[I.C. 20-8.1-5.1-17]
 

(11) In lieu of suspension or expulsion in the appropriate circumstance, the principal of the school where the recipient of the disciplinary action is enrolled may assign a maximum of 120 hours of approved community service with a nonprofit organization operating in or near the community where the school is located or where the student resides and assignment of such services suspends the student's suspension or expulsion. The following apply to service assigned under this subdivision:

(a) A principal may not assign a student under this subdivision unless the student's parent or guardian approves:

(1) the non profit organization where the student is assigned; and

(2) the plan described in clause in (b)(1).

A student's parent or guardian may request or suggest that the principal assign the student under this subdivision.

(b) The principal shall make arrangements for the students's service with the nonprofit organization. Arrangements must include the following:

(1) A plan for the service that the student is expected to perform.

(2) A description of the obligations of the nonprofit organization to the student, the student's parents, and the school corporation where the student is enrolled.

(3) Monitoring of the student's performance of service by the principal or the principal's designee.

(4) Periodic reports from the nonprofit organization to the principal and the student's parent or guardian of the student's performance of the service.

(c) The nonprofit organization must obtain liability insurance in the amount and of the type specified by the school corporation where the student is enrolled that is sufficient to cover liabilities that may be incurred by a student who performs service under this subdivision.

(d) Assignment of service under this subdivision suspends the implementation of a student's suspension or expulsion. A student's completion of service assigned under this subdivision to the satisfaction of the principal and the nonprofit organization terminates the student's suspension or expulsion.

(12) The principal or administrator who has students under his/her care may refer a student to juvenile court when the student physically assaults a person having authority over the student. As used in this subsection, "physical assault" means the knowing or intentional touching of another person in a rude, insolent, or angry manner. When a student physically assaults a person having authority over the student, the principal of the school where the student is enrolled shall make a referral of the student to the juvenile court having jurisdiction over the student. However, a student with disabilities (as defined in IC 20-1-6.1-7) who physically assaults a person having authority over the student is subject to procedural safeguards under 20 USC 1415.

c. Parental Involvement

When in the judgment of a school administrator who has the responsibility for student discipline or who has the duty of conducting an expulsion meeting, it is necessary for the parents to attend a conference or a hearing, the following rules, per the authority granted in I.C. 20-8.1-5.1-19, shall apply:

(1) The administrator shall notify the parents by certified or registered mail or personal service that they are directed to attend a school conference or hearing.

(2) The parent shall be given at least twenty-four hours notice prior to such conference or hearing unless an emergency situation necessitates less than such notice.

(3) The student who is the subject of the conference will also be given written notice of such conference or hearing and the direction of parental attendance.

(4) The foregoing rules will not be construed to interfere with the powers of the superintendent or a person designated by him/her to issue subpoenas or to compel the attendance of witnesses.

(5) Non-compliance of the responsible person(s) with the provisions of this policy shall be considered educational neglect and the child shall be considered a "child in need of services" in accordance with I.C. 31-6-4-3(a)(7), and the matter shall be referred to the Child Protective Services Division of Public Welfare. Such complaint process will be terminated in the event that the parents are willing to subsequently attend a re-scheduled meeting unless the required meeting has been required to be held. The foregoing provisions shall not apply to expulsion meetings where non-attendance will constitute waiver.

(6) In the event that a parent fails or refuses to attend a conference or meeting, notice will also be given to the Superintendent or his/her designee.

(7) In those instances where it appears the custodial parents of a student are not fulfilling their legal obligation with regard to their children's school attendance, referral to the county prosecuting attorney for investigation of possible criminal charges against said parents may be made.

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