JGE - Expulsion
2. When other strategies to change the student’s behavior have been ineffective, except that expulsion may not be used to address truancy; or
3. When required by law.
2. When a school administrator determines, based on the administrator’s observations or upon a report from an employee, the student’s conduct poses a threat to the health or safety of students or employees; or
3. When the expulsion is required by law.
b. The conduct constituting the alleged violation, including the nature of the evidence of the violation and reason for expulsion;
c. A recommendation for expulsion;
e. When and where the hearing will take place; and
f. The right to representation.
4. In case the parent or student has difficulty understanding the English language or has other serious communication disabilities, the district will provide a translator;
5. The student shall be permitted to have representation present at the hearing to advise and to present arguments. The representation may be an attorney and/or parent. The district’s attorney may be present;
6. The student shall be afforded the right to present their version of the events underlying the expulsion recommendation and to introduce evidence by testimony, writings or other exhibits;
7. The student shall be permitted to be present and to hear the evidence presented by the district;
8. The hearings officer or the student may record the hearing;
9. Strict rules of evidence shall not apply to the proceedings. However, this shall not limit the hearings officer’s control of the hearing;
10. If the Board is conducting the expulsion hearing, the Board may designate the Board chair or a third party as the hearings officer. The hearings officer will determine the facts of each case on the evidence presented at the hearing. Evidence may include the relevant past history and student education records. The hearings officer will provide to the Board, findings as to the facts, the recommended decision and whether or not the student has committed the alleged conduct. This will include the hearings officer’s recommended decision on disciplinary action, if any, including the duration of any expulsion. This material will be available in identical form to the Board, the student if age 18 or over and the students’ parents at the same time. Following the review by the Board of the hearings officer’s recommendation, the Board will make the final decision regarding the expulsion;
11. If the Board has delegated authority to the superintendent or designee to act as the hearings officer, the superintendent may designate themself, or a third party, as the hearings officer. The hearings officer’s decision is final. However, a decision of the hearings officer may be appealed by the parent or the student if age 18 or over to the Board for review. If the decision of the hearings officer is appealed to the Board for review, the findings as to the facts and the hearings officer’s decision will be submitted to the Board, and will be available in identical form to the Board, the student and the student’s parents at the same time. At its next regular or special meeting the Board will review the hearings officer’s decision and will affirm, modify or reverse the decision;
b. The issues involved, including a student’s confidential records;
c. The discussion;
d. The vote of Board members, which may be taken in executive session when considering an expulsion.
The person serving the notice shall file a return of service. (OAR 581-021-0070)When “certified mail is given to a parent of a suspended student, the notice shall be placed in the mail at least five days before the date of the hearing.” (OAR 581-021-0070)
ORS 336.615 - 336.665
OAR 581-021-0050 - 021-0075
House Bill 2514 (2019)