72-8903.Procedural due process requirements; record of appeal, costs;report of findings and result of hearing; information regarding behaviorimprovement programs.(a) The formal hearing provided for in K.S.A. 72-8902, and amendmentsthereto, shall beconducted in accordance with regulations relating thereto adopted by theboard of education. Such regulations shall afford procedural dueprocess including, but not limited to, the following:
(1) The right of the pupil to have counsel of the pupil'sown choice present and to receive the advice of such counsel or otherperson whom the pupil may select;
(2) the right of the parents or guardians of thepupil to be present at the hearing;
(3) the right of the pupil and the pupil's counsel or advisor to hear orread a full report of testimony of witnesses against the pupil;
(4) the right of the pupil and the pupil's counsel toconfront and cross-examine witnesses who appear in person at thehearing, either voluntarily or as a result of the issuance of asubpoena;
(5) the right of the pupil to present the pupil's ownwitnesses in person or their testimony by affidavit;
(6) the right of the pupil to testify in the pupil's ownbehalf and give reasons for the pupil's conduct;
(7) the right of the pupil to have an orderlyhearing;and
(8) the right of the pupil to a fair andimpartial decision based on substantial evidence.
(b) In all extended-term suspension and expulsionfrom school cases, there shall be made a record of the hearing of an appealof the suspension or expulsion,whichever is applicable, by mechanical or electronic recording or by anofficialcourt reporter, and the costs thereof shall be paid by the school district.
(c) At the conclusion of a formal hearing which results in a suspensionforan extended term or an expulsion, the person or committee conducting thehearing shall make a written report of the findings and results of the hearing. The report shall be directed to the board of education of the school districtand shall be open to the inspection of the pupil who is suspended or expelledand, if the pupil is a juvenile, to the parents or guardians and counsel orother advisor of the pupil. If the pupil is an adult, the report shall be opento the inspection of the parents or guardians and counsel or other advisor ofthe pupil only upon written consent of the pupil. Whenever a formal hearingresults in suspension for an extended term or expulsion, the person orcommittee conducting the hearing may make a finding that return to school bythe pupil, pending appeal or during the period allowed for notice of appeal, isnot reasonably anticipated to endanger the safety of others, to causecontinuing repeated material disorder, disruption or interference with theoperation of school, or to substantially or materially impinge upon or invadethe rights of others, in which case the pupil may return to school until theperiod for filing a notice of appeal has expired with no notice filed, or untilthe determination of any appeal if a notice of appeal is filed. Whenever theperson or committee conducting a hearing fails to make the findings specifiedabove, the report of the hearing shall provide that the suspension or expulsionof the pupil shall continue until appeal therefrom is determined or until theperiod of suspension or expulsion has expired, whichever occurs sooner. Anysuch pupil shall be provided with information concerning services or programsoffered by public and private agencies that work toward improving those aspectsof the pupil's attitudes and behavior that contributed to the conduct uponwhich the suspension or expulsion was based. If the pupil is a juvenile, theinformation shall also be provided to the parents or guardians of the pupil.
History: L. 1970, ch. 300, § 3; L. 1971, ch. 247, § 2; L. 1976,ch. 145, § 232; L. 1977, ch. 260, § 2;L. 1994, ch. 307, § 3; May 12.
72-8903.Procedural due process requirements; record of appeal, costs;report of findings and result of hearing; information regarding behaviorimprovement programs.(a) The formal hearing provided for in K.S.A. 72-8902, and amendmentsthereto, shall beconducted in accordance with regulations relating thereto adopted by theboard of education. Such regulations shall afford procedural dueprocess including, but not limited to, the following:
(1) The right of the pupil to have counsel of the pupil'sown choice present and to receive the advice of such counsel or otherperson whom the pupil may select;
(2) the right of the parents or guardians of thepupil to be present at the hearing;
(3) the right of the pupil and the pupil's counsel or advisor to hear orread a full report of testimony of witnesses against the pupil;
(4) the right of the pupil and the pupil's counsel toconfront and cross-examine witnesses who appear in person at thehearing, either voluntarily or as a result of the issuance of asubpoena;
(5) the right of the pupil to present the pupil's ownwitnesses in person or their testimony by affidavit;
(6) the right of the pupil to testify in the pupil's ownbehalf and give reasons for the pupil's conduct;
(7) the right of the pupil to have an orderlyhearing;and
(8) the right of the pupil to a fair andimpartial decision based on substantial evidence.
(b) In all extended-term suspension and expulsionfrom school cases, there shall be made a record of the hearing of an appealof the suspension or expulsion,whichever is applicable, by mechanical or electronic recording or by anofficialcourt reporter, and the costs thereof shall be paid by the school district.
(c) At the conclusion of a formal hearing which results in a suspensionforan extended term or an expulsion, the person or committee conducting thehearing shall make a written report of the findings and results of the hearing. The report shall be directed to the board of education of the school districtand shall be open to the inspection of the pupil who is suspended or expelledand, if the pupil is a juvenile, to the parents or guardians and counsel orother advisor of the pupil. If the pupil is an adult, the report shall be opento the inspection of the parents or guardians and counsel or other advisor ofthe pupil only upon written consent of the pupil. Whenever a formal hearingresults in suspension for an extended term or expulsion, the person orcommittee conducting the hearing may make a finding that return to school bythe pupil, pending appeal or during the period allowed for notice of appeal, isnot reasonably anticipated to endanger the safety of others, to causecontinuing repeated material disorder, disruption or interference with theoperation of school, or to substantially or materially impinge upon or invadethe rights of others, in which case the pupil may return to school until theperiod for filing a notice of appeal has expired with no notice filed, or untilthe determination of any appeal if a notice of appeal is filed. Whenever theperson or committee conducting a hearing fails to make the findings specifiedabove, the report of the hearing shall provide that the suspension or expulsionof the pupil shall continue until appeal therefrom is determined or until theperiod of suspension or expulsion has expired, whichever occurs sooner. Anysuch pupil shall be provided with information concerning services or programsoffered by public and private agencies that work toward improving those aspectsof the pupil's attitudes and behavior that contributed to the conduct uponwhich the suspension or expulsion was based. If the pupil is a juvenile, theinformation shall also be provided to the parents or guardians of the pupil.
History: L. 1970, ch. 300, § 3; L. 1971, ch. 247, § 2; L. 1976,ch. 145, § 232; L. 1977, ch. 260, § 2;L. 1994, ch. 307, § 3; May 12.
72-8903.Procedural due process requirements; record of appeal, costs;report of findings and result of hearing; information regarding behaviorimprovement programs.(a) The formal hearing provided for in K.S.A. 72-8902, and amendmentsthereto, shall beconducted in accordance with regulations relating thereto adopted by theboard of education. Such regulations shall afford procedural dueprocess including, but not limited to, the following:
(1) The right of the pupil to have counsel of the pupil'sown choice present and to receive the advice of such counsel or otherperson whom the pupil may select;
(2) the right of the parents or guardians of thepupil to be present at the hearing;
(3) the right of the pupil and the pupil's counsel or advisor to hear orread a full report of testimony of witnesses against the pupil;
(4) the right of the pupil and the pupil's counsel toconfront and cross-examine witnesses who appear in person at thehearing, either voluntarily or as a result of the issuance of asubpoena;
(5) the right of the pupil to present the pupil's ownwitnesses in person or their testimony by affidavit;
(6) the right of the pupil to testify in the pupil's ownbehalf and give reasons for the pupil's conduct;
(7) the right of the pupil to have an orderlyhearing;and
(8) the right of the pupil to a fair andimpartial decision based on substantial evidence.
(b) In all extended-term suspension and expulsionfrom school cases, there shall be made a record of the hearing of an appealof the suspension or expulsion,whichever is applicable, by mechanical or electronic recording or by anofficialcourt reporter, and the costs thereof shall be paid by the school district.
(c) At the conclusion of a formal hearing which results in a suspensionforan extended term or an expulsion, the person or committee conducting thehearing shall make a written report of the findings and results of the hearing. The report shall be directed to the board of education of the school districtand shall be open to the inspection of the pupil who is suspended or expelledand, if the pupil is a juvenile, to the parents or guardians and counsel orother advisor of the pupil. If the pupil is an adult, the report shall be opento the inspection of the parents or guardians and counsel or other advisor ofthe pupil only upon written consent of the pupil. Whenever a formal hearingresults in suspension for an extended term or expulsion, the person orcommittee conducting the hearing may make a finding that return to school bythe pupil, pending appeal or during the period allowed for notice of appeal, isnot reasonably anticipated to endanger the safety of others, to causecontinuing repeated material disorder, disruption or interference with theoperation of school, or to substantially or materially impinge upon or invadethe rights of others, in which case the pupil may return to school until theperiod for filing a notice of appeal has expired with no notice filed, or untilthe determination of any appeal if a notice of appeal is filed. Whenever theperson or committee conducting a hearing fails to make the findings specifiedabove, the report of the hearing shall provide that the suspension or expulsionof the pupil shall continue until appeal therefrom is determined or until theperiod of suspension or expulsion has expired, whichever occurs sooner. Anysuch pupil shall be provided with information concerning services or programsoffered by public and private agencies that work toward improving those aspectsof the pupil's attitudes and behavior that contributed to the conduct uponwhich the suspension or expulsion was based. If the pupil is a juvenile, theinformation shall also be provided to the parents or guardians of the pupil.
History: L. 1970, ch. 300, § 3; L. 1971, ch. 247, § 2; L. 1976,ch. 145, § 232; L. 1977, ch. 260, § 2;L. 1994, ch. 307, § 3; May 12.
