Right of Appeal

A parent/guardian or the student may appeal the out of school suspension decision to the Site Committee, Superintendent and the Board of Education. 

Attendance at School Pending Appeal Hearing

Pending the appeal hearing of an out of school suspension, the student will have the right to attend school under such “In-School” restrictions as the principal deems proper (and this time may or may not count against the total penalty time), except that in the discretion of the principal, the student may be prohibited from attending school pending any appeal hearing if in the judgment of the principal:

1. The conduct for which the student was suspended out of school reasonably indicates that continued attendance by the student pending any appeal hearing would be dangerous to other students, staff members, or school property; or

2. The conduct for which the student was suspended out of school reasonably indicates that the continued presence of the student at the school pending any appeal hearing would substantially interfere with the educational process at the school.

Method of Appeal to the Site Committee

An appeal to a committee can be requested by letter to the school principal, which must be received within five (5) calendar days after the principal’s out of school suspension decision is received by the student, or his/her parent/guardian. 

The Site Committee will be composed of the following members: an administrator not involved in the suspension, a site teacher of the student’s choice and a teacher appointed by the site principal, neither of whom may be the student’s present teacher.

The out of school suspension decision will become final and non-appealable if a request is not submitted in a timely manner.

Method of Appeal to the Superintendent, Designee, or District Committee

An appeal can be presented by letter to the Superintendent. If no appeal is received within five (5) calendar days after the site committee’s decision is received by the parent/guardian or student, the committee’s out of school suspension decision will be final.

The Superintendent, designee, or District administrative committee should hold a conference with the parent or guardian as soon as possible after receipt of the appeal. The appeal will be held during the regular school hours, Monday through Friday, with consideration given to the hours of working parents/guardians whenever possible.

When a District administrative committee is utilized, the Superintendent or designee shall appoint an appeal committee consisting of no fewer than three (3) District administrators and shall designate a chairperson for the committee. No administrator is eligible to serve on the committee who was a witness to the student’s conduct. The principal who issued the out of school suspension decision shall attend the committee hearing. 

At the conference, the Superintendent or designee will read the policy, rule, or regulation which the student is charged with having violated and will briefly outline the conduct on the part of the student. The parent/guardian should be asked by the Superintendent or designee if the rule and the charges against the student are understood. The Superintendent or designee will notify the parents/guardians of whether the out of school suspension will be sustained, rescinded, or modified. In any case where a long-term suspension continues to exist, the parent/guardian will be advised of his/her right to have the out of school suspension reviewed by the Board of Education. 

Method of Appeal to the Board of Education

An appeal can be requested by letter to the Superintendent or to the Clerk of the Board of Education.

If no appeal is received within five (5) calendar days after the decision of the Superintendent, designee, or administrative committee is received by the parent/guardian or student, the decision will be final. 

Hearing the Appeal

The Board will hear the appeal as soon as possible. The Board’s decision is final and non-appealable. The parent/guardian and student will be notified of the date, time, and place of the hearing. The parent/guardian and student will have the right to an “open” or “closed” hearing, at their option. Reasonable efforts will be made to accommodate the work schedule of parents/guardians.

Each side will be told that they are required to hold their “total time” to one and one-half (1 1/2) hours. This should include an opening statement, presentation of evidence, cross-examination, and closing statement. If the representative or attorney for either side indicates that additional time is required, the rationale for requesting that additional time will be presented by the requesting party(ies) at this time on the agenda. Both sides and individual Board members may address this issue. The Board will then consider the request and then will vote to set a reasonable time limit for each side based on the information provided by the parties and the totality of the circumstances. To the extent possible, the Board will seek to obtain an agreement from the parties as to a reasonable time limit.

Pursuant to Oklahoma School Laws, the parent/guardian/student may determine that the hearing be open to the public or in executive session.

The Board may go into executive session to deliberate the finding of fact for the case. After returning to open session, the Board takes action to adopt a findings of fact and to affirm the suspension; to modify the suspension; or to revoke the suspension.

Revised by the Board of Education June 2009