THE FOLLOWING MATERIAL SHOULD BE READ BY THE PARENTS AND STUDENT BEFORE COMMENCEMENT OF THE HEARING. IF YOU HAVE ANY QUESTIONS ABOUT THE HEARING PROCESS YOU SHOULD CONTACT THE SUPERINTENDENT AT (INSERT TELEPHONE NUMBER).

The school board is responsible for conducting disciplinary hearings under New Hampshire RSA 193:13. The goal of the school board is to ensure that you and your child receive a fair hearing that ensures due process and the proper enforcement of the Code of Conduct and State law.

Your hearing will be held in accord with the Disciplinary Procedures set forth in ED 317.04 of the State Department of Education. The hearing will be conducted in a non-public session unless the parent, guardian or student requests that the hearing be held in public.

Do you wish the hearing to be public or private? You should promptly contact the District Offices at (insert telephone number) and let them know whether or not you wish the hearing to be public or private.

An audio tape recording will be made of this hearing. The taped record will be made available to the parent and student at their request.

You have been provided with a letter from the superintendent which provided written notice to you of this hearing as well as written correspondence which included the following:

That correspondence has been made a part of the record of this hearing.

In addition, fact sheets will be provided to members of the committee and

the superintendent's representatives will provide you with copies of that information at the hearing. Those fact sheets will become a part of the record in the hearing. You may obtain the fact sheets prior to hearing by contacting the superintendent's office at (insert telephone number).

A student, together with their parent or guardian may waive the right to a hearing and admit to the charges made by the superintendent. By requesting a hearing, it is the committee's understanding that you wish to be heard on these matters.

If the Superintendent has recommended expulsion, or if the disciplinary matter involves the possibility of expulsion, a hearing will be held by the School Board.

The procedures for a hearing are as follows:

After presentation of the evidence, you and the administration will be excused from the hearing. The board will deliberate privately. You should remain outside while the board deliberates. You and the administration may be called back into the hearing in order to answer additional questions. After the board has deliberated, you will either be released from the hearing and notified of the decision in writing, or you will be called back into the hearing and immediately notified of the decision.

The decision of the board will be based on a dispassionate and fair consideration of substantial evidence that the student committed the act for which expulsion is to be imposed and that such acts are, in fact, a proper reason for expulsion. You will be notified in writing of the decision of the board. The decision shall state whether the student is expelled and the length of the expulsion.

If the decision is to expel the pupil, the decision will include the legal and factual basis for the decision. The decision will set forth any action the student may take to be restored by the board and will include a statement that the pupil has the right to appeal the decision to the State Board of Education. If adverse, the written notice will also indicate that you must file your appeal within twenty (20) calendar days of receipt of the written decision of this committee.

You should be aware of the fact that if your son or daughter has been identified as educationally disabled that they have certain additional rights under both federal and state law. This includes the right to a free appropriate education at public expense even if the school district has determined that the student's behavior is not a manifestation of their educational disability. If your child has been identified as educationally disabled, and is expelled, arrangements will be made through the district's special education process to ensure that your child is provided with a free, appropriate education at public expense. If you have any questions regarding the special education process you should speak with your director of student services.

If you have any questions about the hearing process you should be prepared to raise them at the commencement of the hearing. If you or your child require an interpreter or any accommodation for a handicapping condition you should notify the district at (insert telephone number) so that appropriate arrangements can be made.

Please sign below indicating that you have read this Notice.

We hereby certify that we have read and understand this Notice.