Level V Due Process Hearing

1. Level VDue Process Hearing Student Services Department Eileen M. Nicholas

2. Services Offered Through Student Services Department • Supervision of district Comprehensive Guidance/coordination with site goals • Home schooling • Home & Hospital • School Choice • Due Process Hearings • Foreign Exchange • Parental complaints/walk-ins • Crisis Response • 504 • School Nurses • Guardianship • Community collaboration/service on local boards • District trainings/Suicide Prevention • Coordination with PBIS • Coordination OPD • All other duties as assigned.

3. Objectives Due Process Clause Goals of the Due Process Hearing Student’s Rights in Due Process Student Code of Conduct New Referral Forms and Process

4. Due Process Clause: • “[No State shall] deprive any person of their life, their liberty, or their property, without due process of law.” • Influential Court Cases Concerning Due Process Rights of Students: • Goss v. Lopez (1975): • Students denied due process after being suspended. • Fourteenth Amendment • Students may be suspended up to Ten (10) days without a hearing. • Meyer v. Austin (1999): • The court emphasized that due process must be provided to the student, not the parent. Due Process Clause

5. Due Process Hearing • Serves Two Basic Goals: • Fair procedures, accurate results • Guarantee basic fairness • An administrative procedure followed to protect the rights of the student, faculty, and other staff in the event of a violation of the Ogden School Districts Student Code of Conduct

6. “What are a student’s Due Process Rights in a formal disciplinary proceeding?”

7. Students Due Process Rights Oral or written notice of disciplinary charge. Parents, guardians, or their designee present during the hearing; Record of disciplinary action, written findings of facts and conclusions; Representation by counsel;

8. 5. Witnesses or evidence based on the students behalf. 6. Administrative review and appeal under school policy; 7. Are not compelled to testify against himself or herself; 8. If found innocent all allegations and related information expunged from student’s school record.

9. Ogden School DistrictStudent Code of Conduct How many infraction levels are in the Student Code of Conduct? At what point does an administrator refer a student to Student Services? Who is allowed to attend a students due process hearing?

10. Five Infraction Levels Level One (I):Mildly disruptive behaviors. Level Two (II): Deliberate behaviors Level Three (III):Seriously disruptive behaviors and are in clear defiance of authority. Level Four (IV):Level three behaviors escalating to illegal behaviors. Level Five (V): Discussion to follow

11. When to Refer • Administrators will refer for the following violations of the Student Code of Conduct: • Repeated Level Four (IV) violation • Level Five (V) violations

12. Persons Allowed to Attend • Student • Parent, guardian, and/or designee: • Grandparents • Group Home Representative • Probation Officer • Due Process Officer • Translator (as needed)

13. Loco Parentis “A Latin term meaning “in [the] place of a parent” or “instead of a parent.” Refers to the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent.”

14. Level V Suspension Are acts of misconduct including those behaviors which are described as seriously disrupting the safe and orderly educational process in the classroom, on school grounds or at any school related function or activity. In many cases, these behaviors are also illegal.

15. Level V Suspension • Continually Bullying Incident: • Student was suspended by in school suspension, then, out of school suspension for 3 days, then a due process hearing referral was sent to Student Services as a Level V violation for a continual IV. Continuation of a Level IV Acts

16. Level V Acts of Misconduct • Continuation of Level IV acts. • False activation of fire arm/bomb threat. • Assault and battery • Aggravated Assault • Arson • Distribution, use or possession of alcohol, illegal substance, or substance masquerading as a controlled substance. • Burglary or Theft • Possession, threat or attempt use, concealing of a weapon. • Actual or threatened use of a look-a-like weapon. • Vandalism-criminal damage. • Sexual crimes, sexually explicit activities. • Forgery • Any other illegal behaviors or criminal intent.

17. Assault and Battery Assault Battery “Actual intentional striking of someone, intent to harm or in a ‘rude and insolent’ manner even if the injury is slight.” • “An attempt or threat accompanied by a show of immediate force or violence” Aggravated Assault “The crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as: jewelry, brass knuckles, knife, blunt instrument, etc.” Assault performed in conjunction with battery=Aggravated Assault

18. Alcohol, Illegal and Controlled Substance • Distribution, use or possession of alcohol or illegal, dangerous controlled drugs or other substances masquerading as an illegally controlled drug.

19. Weapons Look-A-Like Weapons Actual Weapon “Possession, threat or attempted use or concealing of a weapon or item which may be considered to be used as a weapon.” • “Actual or threatened use of a look-a-like weapon with intent to intimidate another person or to disrupt normal school activities.”

20. Referral Process and New Due Process Documents Please refer to your handouts. These are for your records and can be accessed from the districts webpage under “Student Services/Information/ Due Process Hearing”

21. Referral Process Steps Notify Police Department, Division of Child and Family Services, or other proper authorities. Notify Students parents or guardians Notify Student Services of the incident. Administrator completes Suspension Notice and Due Process Checklist, and mailed/scanned to Student Services.

22. Notice of Suspension: 3 Copies: Students File Student Services Parents Fill in ALL Blanks Form must be sent via District Mail or scanned and emailed to Student Services within 48 hours of Suspension. DO NOT Discuss length of suspension with parents. It is to be determined at the hearing. Only Completed by Admins.

23. Admin. & Incident Report Completed by Admin. In Blueor Black Ink. Checklist: ALL items must be included in the Due Process Checklist for hearing to be scheduled or paperwork will be returned. Incident Summary: Includes detailed description of incident. Other Students Involved:

24. Student Safety Plan: • Completed by administrator and submitted to Student Services with Due Process Documents. • Safety plan will be implement for the student before returning to school. • The safety plan is to secure the safety of the student returning to school and the safety of other students, faculty and staff. • It is a preventative measure. Admins. Name (Print) Admins. Signature

25. Manifestation Determination • Completed for those students receiving Special Education Services • Form must be completed by Administrator and Special Education Teacher Specialists.

26. Miscellaneous Documentsand Evidence • Item is submitted to Student Services if law enforcement is not involved. • Item is given to Law Enforcement if report is filed and a photo or CD with image is sent to Student Services with documents. • Police Report • Photo, CD, Scanned Image of items. • Examples: Knife, toy Guns, drugs, alcohol, chains

27. Completed Documentation • 48 Hour Deadline • Double Check ALL Documents • Appointments will be scheduled when Student Services receives all correct documentation. • How and Where to send documents

28. Due Process Hearing End Result Documentation. Appropriate Documentation explaining the end results of the due process hearing will be scanned and faxed to school administrator once hearing has been completed.

29. Due Process Hearing Summary • Completed by Due Process Hearing Officer during the hearing. • Student Information. • State Agency Information: DCFS, Juvenile Court, Weber Human Service, and other agencies. • Date of Incident and Incident Summary during Hearing. • Signed by Student, Parent, Hearing Officer, and Special Education Specialists.

30. Due Process Results • Completed by Due Process Hearing Officer during hearing. • Specifies requirements and consequences for student and parents/guardians to complete. • Signed by: Hearing Officer, Student, Parent/Guardian, Special Education Specialists. • Will be Scanned and Emailed to School Administrator.

31. Reinstatement Contract • Completed by Due Process Hearing Officer during hearing. • Specifies requirements and consequences for student and parents/guardians to complete. • Signed by Student and Parent/Guardian agreeing to complete and follow the contract. • Will be Scanned and Emailed to School Administrator.

32. Thank You for Your Time Feel free to contact Student Services if you have any questions. We would love to hear from you!! Student Services Team