Student Due Process

Appeal Hearings

 

There can be two levels to the appeal hearing process for long-term suspensions or expulsions: A Superintendent level hearing followed by a School Board hearing. Both are by request and held at Central Services, Crossroads I, 5625 Dillard Drive, Cary.

Superintendent Level Appeal Hearing Process

Participants should arrive 30 minutes prior to the scheduled hearing time. The identity of students other than the student appealing the suspension shall be protected to the extent required by the Family Education Rights and Privacy Act (FERPA).

Present in the school-based hearing:

  • Student Due Process Representative
  • Hearing Panel (Superintendent’s Designees)
  • School Administrator(s)
  • Parent/Guardian(s) and Student
  • Student's Advocate (when applicable)
  • Attorneys for all parties (when applicable) 

The Office of Student Due Process must be notified three days in advance of an appeal hearing if the student is to be represented by an advocate or legal counsel.

The Student Due Process representative will meet separately with all parties prior to the hearing. The panel will convene separately in the hearing room, and all other parties, except witnesses, will enter the hearing room together just prior to beginning the hearing.

The hearing process will follow this outline:

  1. Introductions
  2. Focus of Hearing
  3. Hearing Procedures & Instructions to the Panel
  4. Reading of Incident Description & Rules of Conduct
  5. Students Response to Charges
  6. Presentation for the School (to include any witnesses)
  7. Questions from the Student Representative and Panel
  8. Presentation for the Student (to include any witnesses)
  9. Questions from the School Representative and Panel
  10. Student Representative Closing Statement
  11. School Representative Closing Statement
  12. Adjourn for Hearing Panel Deliberation

A Student Due Process Representative will notify the parent/legal guardian within 24 hours of the panel's decision. An official letter will be sent within five school days.

Superintendent level hearings are timed, and each side will be given up to one hour to present their case, including presentation of all evidence and questioning witnesses. The Student Due Process Representative facilitating the hearing may allow additional time in extenuating circumstances. 

Board Level Suspension Appeal Hearing Process

Participants should arrive 30 minutes prior to scheduled hearing. The identity of students other than the student appealing the suspension shall be protected to the extent required by the Family Education Rights and Privacy Act (FERPA).

  1. Board Panel
  2. Student Due Process Representative
  3. Area Assistant Superintendent
  4. School Administrator(s)
  5. Student and Parent/Guardian(s) 
  6. Student's Advocate (when applicable)
  7. Attorneys for all parties (when applicable)
  8. Special Education Representative (when applicable)

The Office of Student Due Process must be notified three days in advance of a Board hearing if the student is to be represented by an advocate or legal counsel.

The Student Due Process representative will meet separately with all parties prior to the hearing. The process will follow this outline:

  1. Introductions
  2. Focus of Hearing
  3. Hearing Procedures
  4. Identification of Student Charge(s)
  5. Reading of Policy
  6. Presentation of Information
    1. Student and/or Parent/Guardian (15 minutes to present basis for appeal)
    2. Questions from Board
    3. School (15 minutes to present basis for suspension)
    4. Questions from Board 
  7. Final questions from Board
  8. Adjourn for Board Deliberation

A Student Due Process Representative will notify the parent/guardian within 24 hours of the Board's decision. An official letter will be sent within five school days.

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