Section 16-1-14 Uniform System of Procedural Due Process Protections for Students Facing Long-Term Suspension or Expulsion for Violating Student Code of Conduct or State Law.

(a) As used in this section, the following terms have the following meanings: (1) EXPULSION. The exclusion of a student from his or her regular school environment for more than 90, and less than 180, school days, per incident, for disciplinary purposes. (2) LONG-TERM ALTERNATIVE SCHOOL PLACEMENT. The placement of a student in alternative school for more than 15 school days, per incident, for disciplinary purposes. (3) LONG-TERM SUSPENSION. The exclusion of a student from his or her regular school environment for more than 10, and less than 90, school days, per incident, for disciplinary purposes. (4) REGULAR SCHOOL ENVIRONMENT. Any learning environment provided by the local board of education, including in-school suspension and virtual school. (b) Each local board of education, consistent with Section 16-28-12, shall adopt rules with respect to behavior and discipline of students enrolled in the schools under its jurisdiction and, in order to enforce the rules, may remove, isolate, or separate students who create disciplinary problems in any classroom or other school activity and whose presence in the class may be detrimental to the best interest and welfare of the students of the class as a whole. Any rules adopted pursuant to this section shall be approved by the State Board of Education. (c) Any removal, isolation, or separation authorized under this section may not deprive a student of his or her full right to an equal and adequate education. (d) Following an alleged student disciplinary incident or infraction, the principal, or his or her designee, may consider all of the following factors before recommending or initiating disciplinary action against a student: (1) The age of the student. (2) The disciplinary history of the student. (3) The seriousness of the violation or behavior. (4) Whether a lesser intervention would appropriately address the behavior of the student. (e) Following an alleged violation of the code of student conduct or an alleged violation of state law that results in a recommendation for the long-term alternative school placement, long-term suspension, or expulsion of a student, the local board of education, at a minimum, shall ensure that all of the following procedures are followed: (1) The student is afforded an opportunity for a disciplinary hearing before the local board of education, or a designee of the local board of education, to determine whether the alleged violation has occurred. (2) The student, and his or her parent or guardian, receive reasonable written notice of the disciplinary hearing, delivered to them personally or by mail. If the written notice is not responded to by a parent or guardian, the hearing shall be waived. The notice shall include: a. A statement of the time, place, and nature of the hearing; b. A short and plain statement detailing the alleged conduct, the provision of the code of student conduct or state law allegedly violated, and any recommended discipline; c. A statement outlining the rights of the student at the hearing; and d. An optional waiver of the disciplinary hearing indicating the parent or guardian’s assent to the alleged violation or violations and to the recommended discipline. (3) If a parent or guardian has responded to the notice, the disciplinary hearing shall occur within 10 school days after the initial suspension from school, unless good cause is otherwise shown or upon agreement of the parties. (4) Legal counsel or another advocate of the student’s choice may represent the student at the hearing at the student’s expense. (5) At least five days before the hearing, the student, parent or guardian, and legal counsel or advocate of the student may review any audio or video recording of the incident and, consistent with federal and state student records laws and regulations, any records, documents, or other information that may be presented as evidence at the hearing, including written statements made by witnesses related to the alleged incident leading to the suspension or expulsion. (6) Representatives from the school seeking the proposed disciplinary action shall offer evidence at the hearing that the student violated the code of student conduct or state law. (7) The student, parent or guardian, or legal counsel or advocate may present a defense, question adverse witnesses who are present at the hearing and offering testimony, excluding students under 14 years of age, and offer evidence, including oral testimony from supporting witnesses, written statements, other documentary evidence, and audio or video recordings at the hearing. The anonymity of witnesses shall be protected, and witnesses may not be compelled to attend or testify in any disciplinary hearing. (8) Each party to the hearing, upon request, shall receive an electronic or written record of the hearing from the local board of education. (9) The student and parent or guardian of the student shall receive a written decision from the local board of education, or its designee, within five school days after the hearing. The written decision shall include, but not be limited to, all of the following information: a. The basis for the decision, including a reference to the provision of the code of student conduct or state law that the student is accused of violating. b. A statement detailing the information that shall be included in the official record of the student. c. A statement detailing the right of the student to appeal the decision pursuant to the code of student conduct of the local board of education and Section 12-15-115, and notice of the procedures necessary to file an appeal. (f) Nothing in this section shall be construed to infringe on any right provided to a student pursuant to the federal Individuals with Disabilities Education Act, Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.