Before expulsion, a student and his or her parent/guardian have the right to a formal hearing with the school board, but the hearing must be requested.
At the formal hearing, students and parents/guardians must be given the opportunity to present evidence and question all witnesses present.
Students and parents/guardians also have the right to:
- receive prior notice of the charges in writing; the notice must also include the date, time, and place of the formal hearing, possible punishment that may be imposed, and notice that students have the right to bring legal representation to the hearing
- receive a copy of all school records related to the student
- receive a decision in writing from the school
Schools should not exclude a student from class or activities until these rights have been offered and actions completed, unless the student is an imminent threat to self, others, school property, or the school environment. A hearing should be held as soon as possible after the immediate exclusion.