JIA – Student Due Process Rights

Students facing discipline will be afforded all due process rights given by law.  The Superintendent or designee appointed in writing, is authorized to suspend any student for ten days or less for violations of school rules or policies.  The School Board, or representative thereof, designated in writing, is authorized to continue the suspension in excess of 10 days following a hearing with the aforementioned representative.  Any suspension in excess of 10 days may be appealed to the Board committee charged with discipline review.

In addition to the provisions of this policy, the Board recognizes the application of all pertinent provisions of RSA 193:13 and associated Department of Education rules.

If a student is disabled under the Individuals with Disabilities Act (IDEA), the New Hampshire RSA 186-C, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, or any other law providing special rights to disabled students, those laws shall govern and shall supersede these local policies to the extent these local policies are inconsistent with those laws.  Accordingly, any suspension or expulsion of a child with a disability as defined in Ed 1102.01(t) shall be in accordance with Ed 1124.01.

Student due process rights shall be printed in the Parent-Student Handbook and will be made available in another language, as necessary, or presented orally upon request.

Legal References:

     RSA 189:15, Regulations
     NH Code of Administrative Rules, Section Ed 306.04(a)(3), Policy Development, Discipline
     NH Code of Administrative Rules, Section Ed 306.04(f), Student Discipline
     NH Code of Administrative Rules, Section Ed 317.04(b), Disciplinary Procedures

Appendix:  JICD – R

Category:  Recommended

 See also JIC, JICD, JICDD, & JICK

1st Read: October 15, 2019
2nd Read:  November 5, 2019
Adopted:  November 5, 2019