Expulsion docs by wuzhengqin

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									                                          Expulsion Hearing
                                  (for Mandatory Expulsion to JJAEP)
          Administration Level - Office of Assistant Superintendent of Student Services



Turn on recording device.




It is ________ o’clock ___m. on this ____ day of____________, 20____. This is the hearing regarding
the behavior of [STUDENT] and is being conducted to determine whether or not [STUDENT] should be
expelled or otherwise disciplined.


My name is _____________________, I am the Assistant Superintendent of Student Services, and I am
the appointed Hearing Officer for _________________________ School for this matter.


This hearing will be informal; however, certain procedures will be followed.


       1. First, the school administration will be asked to present its case and to bring forth any
witnesses, evidence, or documents it may have.
        2. The student, or his parent or counsel, will be allowed to cross-examine each witness after the
school administration concludes its examination of that witness, and will be allowed to examine all
evidence or documents after the administration introduces them into the hearing.
       3. The student will then be given an opportunity to testify on his/her own behalf, to present
evidence and to call witnesses on his/her own behalf or through his/her parent or counsel.
        4. The school administration will be given an opportunity to cross-examine each witness after the
student, parent or counsel concludes its examination of that witness, and will be allowed to examine all
evidence and documents after the student, parent or counsel has introduced them into the hearing.


Please go around the table and identify yourself so we have a record of who is in attendance today.
(Document the names below)


                         SCH. ADMIN.




                         STUDENT/PARENTS:
Would all persons who are expected to testify please raise their right hand and repeat after me?


Oath: “Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole
truth, and nothing but the truth, so help you God?”


Would the student for whom this hearing has been called, please state your full name, date of birth, and
your present grade level.

                                             Student Speaks


 My name is ____________________________, my date of birth is _______________ and I am in
 the _______ grade.




[STUDENT], you have been accused of violating District Policies:


                       Offense                                                    Policy
a.
b.
c.


on                                                            at        ___________________
        (date)                   (time)                       (place)




You have been accused by the school administration at                                            School
of violating written communicated student discipline policies and the written communicated Student Code
of Conduct.


The school administration considers this/these to be a serious offense(s).


For the record, will the principal/assistant principal please introduce the letter and evidence of receipt
wherein the student and his/her parents/ guardian were provided notice of the proposed expulsion and
this hearing.


Enter Exhibits (LETTERS AND RECEIPT: READ DATES)
                Letter to parent/student of called hearing
                or certified mailing notice
                or hand delivery receipt
In the letter, the student was notified of his/her right to a hearing and his/her right to be represented by an
adult or by legal counsel. Student was also notified of his/her right to present evidence and witnesses on
his/her own behalf at this hearing, and of his/her right to cross-examine all witnesses against him/her.


Would the school administrator, who is acting as the representative for the school, please state your
name and your position with the school, and ask each of your witnesses to state his/her name and
position prior to being questioned.



                                      Campus Administrator Speaks


 My name is ____________________________, I am the __________________ at
 ___________________________ School.


 (Asks witnesses to give same information.)




Thank you. The school administration may now present its case and then proceed to call its first witness.
Please state your name before you speak so the record may accurately reflect the testimony given.



                                      Campus Administrator Speaks


 My name is__________________________. I am the assistant principal and before I call my first
 witness, I would like to introduce some exhibits to show that the student and parent had knowledge
 of violating written communicated discipline rules.
                                           Discipline policies
                                           School Handbook
                                           Student Code of Conduct
                                           Statement and date when student/parents received the
                                            above
                                           Enrollment date
                                           Discipline referrals

 I wish to call --


                                            (the school administrator questions the witness)




The student, parent, or student’s counsel may now cross-examine the witness.


(continue this sequence until all administration witnesses have been questioned and cross-examined)
Will the parent, or student’s counsel, please state your name and relationship or association to the
student.



                                    Parent or Legal Counsel Speaks


 My name is __________________________. I am the (attorney) (parent/legal guardian) of
 __________________.



Mr./Mrs._________________________, you may now present your witnesses in any order that you wish.



                                    Parent or Legal Counsel Speaks


 I wish to call ___________________.


 (the parent or student’s counsel questions the witness)




The school administration’s counsel may now cross-examine the witness.


(Continue this sequence until all witnesses have been questioned and cross-examined).


Is there any additional information to be presented at this hearing?


                         Assistant Principal?_____________________________
                         Parent/Student?________________________________


I will now ask the counsel (Asst. Principal) for the school administration to make his/her closing remarks.



                             School Administration makes closing remarks



I will now ask the counsel, parent or student to make his/her closing remarks.



                            Parent or Legal Counsel makes closing remarks
As hearing officer, I ask that this hearing be recessed so that this panel may consider the information
presented at today’s hearing and make a decision according to the evidence presented. We will call you
back in after we have deliberated and are ready to provide you with a decision.


Excuse parties and deliberate


Call parties back in


On the basis of the evidence presented at this Due Process Hearing, we have decided that student
       be expelled from ___________ School for ____ days, with a review of the placement at _____
        school days; or
       other discipline option; or
       no discipline


This decision will be provided to you in writing within three (3) school days.


This completes the Expulsion Hearing at the Campus Level for________________________________.


                                          Hearing is concluded.


Turn off recording device.




After hearing the decision will be sent or hand delivered to the parents, student and campus
administrator.
                                  Letter To Parent Recommending Expulsion




___________________                                       PRINCIPALS’ LETTER
       Date                                               TO PARENTS
                                                          RECOMMENDING
Mr. and Mrs.                                              EXPULSION OF STUDENT
                                                          (NOTE: Remove this heading from the actual parent’s letter.)




Dear Mr. and Mrs._________________:

This is to inform you that on the basis of the evidence presented at the Expulsion Hearing held
on_______________________in the conference room at ____________________School, it is my
decision that____________________________be expelled from ___________________________ for
___ school days beginning on___________, with a review of the placement at _____ school days.
Present at the hearing were:___________________________________,
Hearing Officer;________________________,witness;________________________,
________________________; parents, and_________________________,student.


_________________________ has been found to have committed the following violations:


Date                                        Violation                                              Policy




 JJAEP will identify a review date for your student. During the period of expulsion, _________________is
prohibited from entering all Keller I.S.D. school premises, and from attending or participating in any
school sponsored or school-related activities.


You have the right to appeal my decision. If you wish to appeal, a written request must be received in the
office of _______, Assistant Superintendent of Administrative Services, 350 Keller Parkway, Keller,
Texas 76248 (Phone 817-744-1020) within two (2) school days of receipt of this letter. Failure to appeal
within the required two (2) school days will waive your right to appeal. If you choose to appeal, your child
must still report to the Disciplinary Alternative Education Program as designated pending the appeal and
decisionSincerely,


__________________
Administrator (Hearing Officer)
                                 Letter To Parent If Expulsion Not Warranted


                                         PRINCIPAL LETTER IF EXPULSION NOT WARRANTED
                                         (NOTE: Remove this heading from the actual parent’s letter.)

___________________
       Date


Mr. and Mrs.    (Parent/Guardian)




Dear Mr. and Mrs. (Parent/Guardian):

Thank you for your attendance at the due process hearing held on______________________
at (school name). Your input at the hearing was helpful in my decision making. Based upon the evidence
presented at the due process hearing, I am finding (student’s full name) not to have violated
policy______________(optional: but to have violated policy __________.)


At this time I am not recommending (student’s name) for expulsion from the Keller school district. I am,
however, assigning (student’s name) to Disciplinary Alternative Education Placement (DAEP) for a period
of_____________(_______) days.


The expectations for (student’s name) behavior at school have not changed. These expectations have
been clearly communicated to (student). Continued class disruptions, class cuts, truancies, tardies,
improper interaction with peers, rude, and insubordinate behavior may result in expulsion from (the Keller
ISD). At the due process hearing you and (student’s name) received feedback from the administration
and the teachers on his/her behavior at school. At present (student’s name) behavior is unacceptable
and if it continues he/she may be subject to another hearing to determine if he/she is to be expelled for
persistent misbehavior pursuant to Board policy FOD(Local). One purpose of this letter is to inform you
that the administration considers the continuation of these behaviors a serious matter and will act
appropriately.


We stand ready to assist (student’s name) as he/she works to modify his/her behavior so he/she may be
successful in school. Our counseling staff at school and DAEP is available for assistance. I, and the
remaining members of the administration, also stand ready to assist. I would recommend to you that
(student’s name) will need all of your support as he/she works to improve his/her behavior.


I stand ready to assist you as a parent to see that (student’s name) has a productive and pleasant
educational experience at (school name) School. All elements --school, parent, and student--have a
responsibility and must work together to ensure success at school. Please contact me if you have any
questions regarding this matter. Please have     (student’s name)      report to DAEP on (day of
week), (month) (day), 20____. Thank you for your cooperation and support.


Sincerely,
Principal
Appeal Hearing Notification

___________________
        Date


Mr. and Mrs.     (Parent/Guardian)




Dear Mr. and Mrs. (Parent/Guardian):



This letter is in response to your appeal letter concerning the expulsion of your ___________________,
__________________________________, having been found guilty of the following charges:

Date                                           Violation                                          Policy




An appeal hearing has been set for __________, _____________, 20____, at ___________at the Keller
Independent School District Building – Education Center located at 350 Keller Parkway, Keller, Texas.
_________________, Area Superintendent, will be the hearing officer. You and your child are
encouraged to attend.

At this hearing, your child has the right to an adult representative or legal counsel. If you do not arrange
for adult representation for your child, please contact me so that we can arrange for an adult
representative for your child. Please notify me at 817-744-1020, if you choose to have legal counsel so
that we can have our school attorney present.

In addition, at this hearing your child has the right to a full and fair tribunal, the right to testify, to present
witnesses in defense and to cross-examine the school administrator’s witness, to examine the school
administration’s evidence, and to make a recording of the proceeding. Should your child wish to have
witnesses to the charges excused from class, please contact me.

Witness for the Administration are

Evidence to be presented:
Copy:   Principal

								
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