Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RIGHTS AND RESPONSIBILITIES › Section 12.8 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Education is a statutory right, and students shall be
					 afforded due process if they are to be excluded from school. In a case
					 involving a possible expulsion, the student is entitled to a formal
					 hearing.
(b)
Formal
					 hearings
. A formal hearing is required in all expulsion actions. This
					 hearing may be held before the governing board or an authorized committee of
					 the board, or a qualified hearing examiner appointed by the board. When a
					 committee of the board or a hearing examiner conducts the hearing, a majority
					 vote of the entire governing board is required to expel a student. The
					 following due process requirements shall be observed with regard to the formal
					 hearing:
(1) Notification of the charges shall
					 be sent to the student's parents or guardians by certified mail.
(2) At least 3 days' notice of the time and
					 place of the hearing shall be given. A copy of the expulsion policy, notice
					 that legal counsel may represent the student and hearing procedures shall be
					 included with the hearing notice. A student may request the rescheduling of the
					 hearing when the student demonstrates good cause for an extension.
(3) The hearing shall be held in private
					 unless the student or parent requests a public hearing.
(4) The student may be represented by
					 counsel, at the expense of the parents or guardians, and may have a parent or
					 guardian attend the hearing.
(5)
					 The student has the right to be presented with the names of witnesses against
					 the student, and copies of the statements and affidavits of those
					 witnesses.
(6) The student has the
					 right to request that the witnesses appear in person and answer questions or be
					 cross-examined.
(7) The student has
					 the right to testify and present witnesses on his own behalf.
(8) A written or audio record shall be kept
					 of the hearing. The student is entitled, at the student's expense, to a copy. A
					 copy shall be provided at no cost to a student who is indigent.
(9) The proceeding shall be held within 15
					 school days of the notification of charges, unless mutually agreed to by both
					 parties. A hearing may be delayed for any of the following reasons, in which
					 case the hearing shall be held as soon as reasonably possible:
(i) Laboratory reports are needed from law
					 enforcement agencies.
(ii)
					 Evaluations or other court or administrative proceedings are pending due to a
					 student invoking his rights under the Individuals With Disabilities Education
					 Act (20 U.S.C.A. §§
														1400-1482).
(iii) In cases in juvenile or criminal court
					 involving sexual assault or serious bodily injury, delay is necessary due to
					 the condition or best interests of the victim.
(10) Notice of a right to appeal the results
					 of the hearing shall be provided to the student with the expulsion
					 decision.