The bill clarifies the school expulsion hearing (hearing) process,
including the following:
•
A school district has the burden of proving by a preponderance of the evidence that a student violated state law and the school district's policy, that alternative remedies were not appropriate, and that excluding the student from school through expulsion or denial of admission is necessary to preserve the learning environment;
•
A school district is required to provide all records that the school district intends to use as supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least 2 business days in which school is in session prior to the hearing; and
•
Hearing officers are required to consider specific factors in determining findings of fact and recommendations at the conclusion of a hearing.
A hearing officer must not have a conflict of interest with regard
to a student under consideration for expulsion or denial of admission, or towards any alleged victim. A hearing officer who has an unavoidable conflict of interest, but must continue to serve as a hearing officer, is required to provide proof of training on conflict of interest and bias and provide evidence that the conflict of interest is unavoidable.
The bill requires the department of education (department), on or
before June 30, 2024, to create and maintain an online training program for hearing officers who conduct expulsion hearings and school administrators. Beginning January 1, 2025, hearing officers are required to complete an initial 5-hour training program within 30 days after the date the hearing officer starts work.
The training program must include information on the following: •
Child and adolescent brain development;
•
Restorative justice;
•
Alternatives to expulsion;
•
Trauma-informed practices;
•
Conflict and bias in discipline, suspension, and expulsion; and
•
The requirements and implementation of applicable federal and state laws.
School districts, district charter schools authorized to expel or
suspend students, or the state charter school institute may waive the use of the department's training program but shall provide a training program to hearing officers and school administrators that meets or exceeds the requirements of the department's training program.
The bill clarifies the judicial proceedings process available to a
student or the student's parents, guardians, or legal custodians to set aside the school district board of education's decision to expel or deny admission to the student.
