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Student Welfare & Due Process Guidelines in Schools

Learn about due process standards in school discipline, accountability of staff, and reasons for preventing expulsions. Find out why expulsion recommendations are halted and how interventions and special education assessments play a crucial role.

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Student Welfare & Due Process Guidelines in Schools

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  1. Fontana Unified School DistrictDivision of Instructional and Student ServicesChild Welfare and Attendance DepartmentDawn marmo, Coordinator Expulsion Presentation Presentation to the Board of Education March 7, 2012

  2. What is Due Process? • Due Process is a course of formal proceedings carried out on a regular basis. • It is a set of standards that we hold students accountable to when we consider suspension and/or expulsion. • Ed. Code 48915 speaks to these standards: • Other means of correction are not feasible or have failed to bring about proper behavior. • Due to the nature of the act or violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

  3. Who is Held Accountable to These Standards? • When a Teachersuspends a pupil from the classroom, the Teachermust be held accountable to these standards. • When an Administratorsuspends a pupil from school, the Administrator must be held accountable to these standards. • When a Principalrecommends a pupil for expulsion, the Principalmust be held accountable to these standards. • When the Superintendent or Designee reviews a pupil’s suspension with recommendation for expulsion, the Superintendent or Designeemust be held accountable to these standards. • When an Administrative Hearing Panel hears a recommendation for a pupil’s expulsion, the Administrative Hearing Panel must be held accountable to these standards. • When a Governing Board considers a pupil’s recommendation for expulsion, the Governing Boardmust be held accountable to these standards.

  4. why are expulsions stopped? Recommendations for expulsion Due Process was not met. School Administrator’s decision to provide alternative interventions at the school site. Intervention meeting held at the district level in lieu of expulsion which is agreed upon by site Administrator. Request for Special Education testing to take place. Inconsistencies and errors within the IEP/BSP. Other means of correction are feasibleand are put into place. Student is found not to be a continuous danger to self or others. No past pattern of behavior was observed.

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