Student Rights & Expectations During the Disciplinary Process
Students have a right to be informed of the misconduct or violation. Parents/guardians must receive this notice in writing.
Students with an Individualized Education Plan (IEP) or 504 accommodation have a right to a manifestation determination prior to the disciplinary conference. The purpose of the manifestation determination meeting is to determine if the misconduct was a result of the student's disability.
Students serving an out-of-school suspension are entitled to continue receiving instruction. Students are expected to complete and submit assignments. Any challenges or concern should be reported immediately to the school.
Student's have a right to tell their side of the story (which is granted through the disciplinary hearing.)
Students and parents/guardians have the right to appeal the decision of the Office of Appeals and Hearings to the Prince George's County Board of Educaton within ten days of the written decision.
Pending the decision of the Office of Appeals and Hearings, students are not permitted on any Prince George's County Public Schools property, unless special authorization has been granted by the principal, and may not take part in or attend any school function.
Expulsion
Expulsion:
An expulsion from school denies students the right to attend their regular school program for 45 days or longer. The Superintendent’s designee for expulsions is the Office of Appeals and Hearings who is charged with conducting the discipline hearing and issuing a determination based upon the presentation of facts and evidence provided. An expulsion may occur only if:
The student has violated a Level 5 infraction in the Student Code of Conduct; and
The Office of Appeals and Hearings has determined that the student’s return to school prior to the completion of the expulsion period would pose an imminent threat of serious harm to other students or staff.
Extended Suspension
Extended Suspension:
An extended suspension is the removal of a student from the regular school program for a period between 11 and 45 school days. The Superintendent’s designee for extended suspensions is the Office of Appeals and Hearings who is charged with conducting the discipline hearing and issuing a determination based upon the presentation of facts and evidence provided. An extended suspension may be granted if:
The student’s return to school prior to the completion of the suspension would pose an imminent threat of serious harm to other students and/or staff; or
The student has engaged in a chronic and extreme disruption of the educational process that has created a substantial barrier to learning for other students across the school day and other available and appropriate behavioral and disciplinary interventions have been exhausted.
Procedure for Extended Suspensions & Expulsions
On the day a student is recommended for an extended suspension or expulsion, the principal will provide notification to the parent/guardian that articulates the policy violated and pending disciplinary request.
The Office of Appeals and Hearings will schedule a disciplinary hearing before the student’s tenth consecutive day of suspension that will include the student, parent/guardian, school administrator and a Hearing Administrator with the Office of Appeals and Hearings.
Following the conference, a written determination letter will be sent by email that provides the formal decision of the Office of Appeals and Hearings that will either uphold the disciplinary request, modify or deny it. The letter will provide information on how and why the outcome was determined.
Disciplinary Hearings: What to Expect
During the scheduled virtual conference, school administrators will present evidence to substantiate the request that may include video, pictures, witness statements and/or reports. The student will have an opportunity to present their version of the incident, and the student's parent/guardian will be afforded an opportunity to ask questions or provide any supporting information.
On the day of the hearing, if any party (school or parent) fails to show within 15 minutes of the scheduled start time, efforts will be made to contact them. If this yields unsuccessful, the meeting will proceed with the parties present and a determination will be rendered.
Non-familial and/or legal representatives may attend. Email notification is required 24 hours before the conference to the Office of Appeals and Hearings at appeals.office@pgcps.org. In cases where the student’s parent/guardian does not attend, other adults, including legal and agency representatives in attendance may be asked to present proof of their authority to make educational decisions on behalf of the student. Please note that guests (other than attorneys) will be given an opportunity to provide statements or information after the school, student and parents/guardians have been given the opportunity to be heard. The virtual meeting link may be shared with additional guests.
All participants must be on camera at all times with the camera positioned to maintain eye contact;
Hearings are confidential and private, not public communication. You are hereby notified the Office of Appeals and Hearings does not give permission for anyone in attendance to record (audio and/or visual) any portion of a hearing.
