Disciplinary Appeal Council

If a long-term suspension or expulsion is imposed, the parent/guardian and student shall have the right to appeal the hearing officer's decision by filing a written notice of appeal at the office of the hearing officer within three (3) school business days after the date of receipt of the decision. The long term suspension or expulsion shall be in effect while the appeal is pending. The disciplinary appeal council shall schedule and hold a meeting to informally review the matter within ten (10) school business days from receipt of such appeal. The purpose of the meeting shall be to confer with the parties in order to decide upon the most appropriate means of handling the appeal. At that time the student, parent/guardian, and/or counsel shall be given the right to be heard and shall be granted the opportunity to present such witnesses and testimony as the council deems reasonable. Prior to adjournment, the council shall agree to one of the following procedures:
  1. Study the hearing record or other materials submitted and record its findings within ten (10) school business days;
  2. Schedule and hold a special meeting to hear further arguments on the case and record its findings within fifteen (15) school business days; or
  3. Hear and try the case de novo before the council within ten (10) school business days.

Any decision by the council to impose or to affirm, reverse or modify the imposition of suspension or expulsion upon a student shall be made only by:

  1. Those council members who have heard or read the evidence,
  2. Those council members who have not acted as a witness in the matter, and
  3. A majority vote at a meeting at which a quorum of the council is present.

Within thirty (30) days of receipt of the council's final decision, parent/guardian and student desiring to appeal any action upon the part of the council regarding the suspension or expulsion may serve a notice of appeal upon the council and file such notice with the superior court clerk of the county. Such notice shall also set forth in a clear and concise manner the errors complained of.