PRE-HEARING DUE PROCESS CHECKLIST

Student Information

Student Last Name / School / ID#
Student First Name / Grade / DOB
Address / City / Zip Code
Parent/Guardian Last Name / Phone
Parent/Guardian First Name / Email

Incident Information

Date of Incident / Number of Days Suspended This School Year
First Date of Suspension / Pre-Expulsion/Manifestation Hearing Deadline (Must be within 5 school days of first date of suspension)
EC Section(s) Violated
Description of EC Violation(s)
DUE PROCESS ACTION TAKEN / DATE / INITIALS

A. Proper investigation - EC 48918(f)

1. Identified participants and relevant witnesses.
2. Interviewed witnesses.
3. Obtained signed and dated witness statements and/or sworn declarations in a timely manner.
4. Collected evidence (police report, photos, videos, etc.).

B. Informal conference with student held prior to suspension - EC 48911(b)

1. Informed the student how the incident violated Board Policy and Education Code.
2. Presented the evidence against the student.
3. Allowed the student an opportunity to present their version and evidence in their defense.
4. Formally suspended the student.
5. Set limit of suspension.

C. Formal notice of suspension - EC 48911(d)

1. Gave student a written suspension notice within 24 hours.
2. Made reasonable effort to contact parent in person or by telephone at the time of suspension.
3. Mailed parent written notice of suspension within 24 hours.
4. Notified appropriate law enforcement authorities, if applicable.

D. Notification of District Personnel - EC 48911(g), 48915.5, and 48918.1

1. Director of Student Services notified within 24 hours.
2. If student has an IEP or if they have a 504 Plan, Director of Special Education notified within 24 hours.
3. If student is Foster or Homeless, District Foster/Homeless Liaison notified within 24 hours.
DUE PROCESS ACTION TAKEN / DATE / INITIALS

E. Special Education (If Applicable) - EC 48911(g)

1. Requested parent consent to conduct a pre-expulsion educational assessment.
2. Conducted pre-expulsion educational assessment.
3. Scheduled IEP meeting and invited parent to attend.
4. Invitation to attend IEP meeting sent to parent at least 48 hours prior to time of meeting.
  1. Parent requested postponement (may be up to 3 school days).
☐Yes ☐No
  1. If postponement granted, parent was informed that the suspension was to be extended for the period of postponement, but not beyond 10 days without parental consent.

5. IEP meeting held.
  1. Reviewed appropriateness of student’s placement at the time of the alleged misconduct
  1. Determined the relationship, if any, between student’s behavior and their handicapping condition.
  1. The IEP team decided to move forward with the expulsion.

2. Signature of parent indicating that they acknowledge that a meeting was held. Signature does not imply agreement with outcome.
Parent/Guardian Name: ______
Parent/Guardian Signature: ______
Parent/Guardian refused to sign.
Reason: ______
______
DUE PROCESS ACTION TAKEN / DATE / INITIALS

F. Extension of suspension - EC 48911(g)

1. Contacted parent to set up a pre-expulsion conference date.
2. Held parent conference.
Parent/Guardian Name: ______
Parent/Guardian Signature: ______
3. Stated charge(s) and presented evidence against the student.
4. Allowed the student and the parent the opportunity to respond or to provide any additional information that is pertinent to the specific charge(s) being addressed.
5. Determined if the presence of the student at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process.
6. Informed parent about interim placement and/or that the suspension was extended.

G. Written notice of hearing - EC 48918(b) and (c)

Provided written notice of hearing at least ten (10) calendar days prior to the date of the hearing, to include the following:

1. Date and place of the hearing.
2. Specific facts and charges upon which the proposed expulsion is based.
3. A copy of all the district’s disciplinary rules and regulations relating to the alleged violation.
4. Parent’s or student’s obligation to inform any subsequent school district of their status with the previous school district.
5. Parent’s and student’s right to appear in person or be represented by legal counsel or by a non-attorney adviser.
Parent will have a representative present.
Parent will not have a representative present.
DUE PROCESS ACTION TAKEN / DATE / INITIALS
6. Parent’s and student’s right to inspect and obtain copies of all documents to be used at the hearing.
7. Parent’s and student’s right to confront and question all witnesses who testify at the hearing, question all other evidence presented, and present oral and documentary evidence on the student’s behalf, including witnesses.
8. The hearing will be held in closed session unless the parent requests an open hearing in writing five (5) days in advance.

H. Limitations on imposing suspension or expulsion - EC 48900.5

With the exception of EC 48951(c) violations, the school must check one or both of the boxes below.

Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.

Due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others.

G. Additional Notes:

______

______

______

______

______

______

______

Principal’s Name: ______Date: ______

Principal’s Signature: ______