Due Process - Hearing Office Referral
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The Due Process - Hearing Office Referral Hearing type is entered when there is an Intent to Expel or Remove Over 10 days from the educational environment and a hearing has been scheduled with the Hearing Office.
When using the Resolution Type of Due Process - Hearing Office Referral the student will not have attendance that corresponds with the Hearing Resolution.
The law states that parent/guardian/custodian of student must be notified in writing, of the student’s expulsion or suspension within ONE school day (ORC 3313.66) of the discipline decision. Having the letter uploaded in the record shows that this Due Process step was followed. Additionally, it is the only official letter of record by which to refer in case of an appeal.
When the Hearing Office receives a hearing packet, staff complete an initial review of the information provided (i.e. letters, dates, other notifications such as PR02) to ensure that Due Process is followed.
When a discrepancy is identified between the written notifications and the discipline start date, it signifies a significant Due Process concern that requires further review. EX: the student record shows a behavior incident occurred on 1/12/2022, the discipline start date was entered for 1/13/2022 yet the discipline letter shows a Generation Date of 1/20/2022 and the date the incident was entered into IC as 1/20/2022. These discrepancies can result in:
a. A hearing referral being rejected
b. Forcing the Hearing Officer to rule as “No Action Taken” on a hearing
c. A parent submitting a successful appeal to overturn a discipline decision
All steps on the Hearing Office documentation must be completed. Once the Expulsion Hearing Date has been set, an Intent to Expel letter must be generated. The directions for what to send to the Hearing Office can be found at this link:
The Hearing Office welcomes your questions regarding Due Process. Please contact us at 614-365-5640 or email at hearingoffice@columbus.k12.oh.us.
Due Process - Hearing Office Referral
Used to document the Hearing to be held with the Hearing Office and print appropriate due process letter. Typically, there are additional resolutions prior to this resolution, to capture the discipline prior to the hearing being held.
| 1 | Resolution Type: | Due Process - Hearing Office Referral |
|---|---|---|
| 2 | Resolution Assign Date | Date the resolution is assigned |
| 3 | Behavior Admin Staff Name | Name of building Administrator assigning the resolution |
| 4 | Details | Record details specific to the resolution, such as the Hearing Date and Time and the link to the hearing (if held virtually). Not recording resolution details will result in a Certify violation. |
| 5 | Entered Per Direction of | This field is only completed in the event the Secretary is entering the resolution on behalf of the Administrator (*this only applies to elementary secretaries in buildings with only one administrator.) |
| 6 | Direction Received | Secretary will select the method of direction received from the administrator to record the behavior resolution (*this only applies to elementary secretaries in buildings with only one administrator.) |
| 7 | Letter Date | Date letter was generated from Infinite Campus |
| 8 | Hearing Date | Date of scheduled Hearing. Not recording a hearing date will result in a Certify violation. |
| 9 | Hearing Time | Time of scheduled Hearing |
| 10 | Hearing Office notified to Schedule | Date the Hearing Office was notified (via form submission) to schedule. |
| 11 | Apply To | Check the student's name for whom you are assigning the hearing |
| 12 | Save | Review all required fields for accuracy prior to saving |
| 13 | Behavior Letter Name | Letter - Intent to Expel/Intent to Remove Over 10 Days. A signed copy of the written hearing notice is to be filed in the student's individual behavior file or uploaded to the student's document tab in Infinite Campus within ONE day of the discipline decision. |
After the Due Process - Hearing Office Referral
Within Three (3) days of the due process hearing a second resolution must be ADDED to the incident.
If a second resolution is not recorded within three days of the hearing, the following Certify rule will appear on the school's Certify report:
BEH 110-0020 - If Behavior Resolution is Due Process, there must be a second resolution within 3 days of Hearing Date
CCS Resolution Types | Tied to Attendance Code |
|---|---|
| 36: PBIS-Bus ridership suspension | |
25: PBIS-Conference with student | |
| 33: PBIS-Detention | |
| 32.5: PBIS-Due Process (Non-removal) | |
32: PBIS-Due Process Hearing (student removal) | |
| 32.6: PBIS-Due Process Hearing Office Referral | |
| 21: PBIS-Loss of privilege | |
| 50: PBIS-No Action Taken | |
| 30.1: PBIS-OSS/Out of school suspension |  OSS |
| 26: PBIS-Parent contact | |
| 24: PBIS-PEAK/ISS | ISS |
| 32.7: PBIS-PreK to 3rd Emergency Removal: Remainder of School Day | RMV |
| 51: PBIS-Resolution Assigned but Not Served: Student UNX | RNS |
| 34: PBIS-Restitution | |
| 34.4: PBIS-Restorative Questions | |
| 31: PBIS-SAIL referral | |
| 34.5: PBIS-Sensory Regulation | |
| 35: PBIS-Social agency referral | |
| 22: PBIS-Time out < 1 hour | |
| 23: PBIS-Time out > 1 hour |
Related Board Policies
Department of Accountability & Other Support Services
Division of Information Management