Due Process Hearing (Non-Removal)
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The Due Process Hearing Resolution type is entered when there is an intent to suspend from the educational environment.
When using the Resolution Type of Due Process Hearing (Non-Removal) the student will not have attendance that corresponds with the Hearing Resolution.
Prior to a suspension, the school must give:
- Written notice of intended suspension including the reason(s) for the suspension and
- Reasonable opportunity at an informal hearing for the student to refute or give an explanation for his/her actions
Due Process Hearing with No Removal during the school day*
Used to schedule a meeting that may or may not result in an out of school suspension. The student's presence is not a danger to persons or property and will continue in the academic setting while awaiting the outcome of the hearing.
| 1 | Resolution Type: | Due Process Hearing (Non-Removal) |
|---|---|---|
| 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. 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 | Apply To | Check the student's name that you are assigning the hearing for |
| 11 | Save | Review all required fields for accuracy prior to saving |
| 12 | Behavior Letter Name: | Letter - Intent to Suspend Without Emergency Removal. 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 school day of the decision. |
After the Due Process Hearing
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