Due Process Hearing (Student Removal)



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Resolution

Attendance Code

PBIS – Due Process Hearing (Student Removal)

RMV: Disciplinary Removal

The Hearing Resolution type is entered when there is an intent to suspend from the educational environment.  

EMERGENCY REMOVAL FROM SCHOOL 

For purposes of Ohio law, an “emergency removal” is one in which a student’s “presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place” and the removal is made “without the notice and hearing requirements” established under law (emphasis added; see Division (C)(3) of Section 3313.66 of the Revised Code).

HB 318 requires a hearing to be held on the NEXT school day after the emergency removal.  Furthermore, until such time that the hearing takes place, the student must be allowed to participate in learning opportunities; a student CANNOT be forced to remain out of school prior to the hearing taking place.


A signed copy of the written Due Process notice is to be uploaded to the student's document tab in Infinite Campus. 

House Bill 410 STUDENT DISCIPLINE CHANGES Reminder:

1. Schools may permit students to make up missed work due to out-of-school suspensions per district
policy; and  

2. Schools cannot apply any remaining part or all of a suspension to the following school year, but the
superintendent may require a student to participate in community service or an alternative consequence
for the number of hours equal to the time left on the suspension.

3. Students cannot be expelled or suspended (out of school) for being truant (beginning July 1, 2017); 

Removing a student for an attendance related infraction will result in the following Certify Violation: BEH 110-0030 - Students MUST NOT be removed from school for truancy

Due Process with Removal during the school day*

Student is removed from the educational environment prior to the end of the school day.

Resolution Type:Due Process (student removal)                                           
1Resolution Assign Date:Date the resolution is assigned
2Resolution Start Date:Date student is removed from the educational environment (building)
3Resolution Start Time:Time the student left the educational environment (building)
4Resolution End DateDate the student was removed
5Resolution End Time:Time of school dismissal
6Attendance Code:RMV: Disciplinary Removal.   Not recording an attendance code will result in a Certify violation.
7Behavior Admin Staff Name:Building Administrator assigning the resolution
8Details:Record details specific to the resolution.   Not recording resolution details will result in a Certify violation.
9Letter Date:Date the behavior letter is generated from Infinite Campus
10Entered Per Direction ofThis 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.)
11Direction ReceivedSecretary 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.)
12Letter Date:Date letter was generated from Infinite Campus
13Hearing Date:Date of scheduled hearing (this date should match the resolution end date).   Not recording a hearing date will result in a Certify violation.
14Hearing Time:Time of scheduled hearing 

Return Date:(error) No
15Apply to:Select the student to whom you are applying the resolution
16

Check for Attendance Conflicts:

(tick) YES

  • If student is marked UNX, select overwrite existing data
  • If student has any attendance code other than UNX, contact your Student Data Compliance Specialist for further directions
  • If no conflicts are detected, continue to save
17Save:Review all required fields for accuracy prior to saving

Behavior Letter Name:Letter - Intent to Suspend WITH Emergency Removal.  A signed copy of the written hearing notice is to be uploaded to the student's document tab in Infinite Campus as a due process letter type. 

* When entered properly the student will have an attendance code of RMV from Resolution Start date/time through to Resolution End date/time.  

The following fields are required when recording a Due Process Hearing (Student Removal) in Infinite Campus.

After the Hearing

Within Three (3) days of the hearing a second resolution must be ADDED to the incident.  



If a second resolution is not recorded within three days of the hearing Certify rule: BEH 110-0020 - If Behavior Resolution is a hearing, there must be a second resolution within 3 days of Hearing Date will appear on the school's Certify report.  

CCS Resolution Types                                                                            

           

Attendance Code

36: PBIS-Bus ridership suspension


25: PBIS-Conference with student


33: PBIS-Detention
32.5: PBIS-Due Process Hearing (non-removal)

32: PBIS-Due Process Hearing (Student Removal)

 (tick) RMV 

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(tick) OSS
26: PBIS-Parent contact
24: PBIS-PEAK/ISS(tick) ISS
32.7: PBIS-PreK to 3rd Emergency Removal: Remainder of School Day

 (tick) RMV 

51: PBIS-Resolution Assigned but Not Served: Student UNX (tick) 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

Guideline for Recording Behavior Events and Resolutions for Cross-Enrolled Students - For cross enrolled students with a behavior event, please see the attached guidelines for instructions on how to properly record the behavior and attendance. 

Department of Accountability & Other Support Services
Division of Information Management