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Conferences, Hearings, and Appeals

What conferences, hearings, notices, and appeals are available in a student discipline matter?

All students are entitled to conferences, hearings, and/or appeals of disciplinary matters as provided by applicable state and federal law, and LTS policy.

Process for Suspensions Lasting Up to Three Days

Prior to suspending a student for up to three days, the principal or designee must attempt to hold an informal conference with the student to

  • 1. notify the student of the accusations against him/her;
  • 2. allow the student to relate his or her version of the incident; and
  • 3. determine whether the student’s conduct warrants suspension.

If the principal or designee determines the student’s conduct warrants suspension during the school day for up to three days, the principal or designee will make reasonable efforts to notify the student’s parent(s) that the student has been suspended before the student is sent home. The principal or designee will notify a suspended student’s parent(s) of the period of suspension, the grounds for the suspension, and the time and place for an opportunity to confer with the principal or designee.

A student shall receive credit for work missed during the period of suspension if the student makes up work missed during the period of suspension within the same number of school days the student was absent on suspension.

Process for Out-of-School Suspensions Over Three Days (extended suspension) and Expulsion

Notice

When the principal or designee determine that a student’s conduct warrants suspension for more than three days (extended suspension) or expulsion, but prior to taking any such action, the principal or designee will provide the student’s parent(s) with written notice of

  • the reasons for the proposed disciplinary action; and
  • the date and location for a hearing before the principal or designee, within five school days from the date of the disciplinary action.

The notice shall further state that, at the hearing, the student

  • 1. may be present;
  • 2. shall have an opportunity to present evidence;
  • 3. shall be apprised and informed of Legacy Traditional Schools - Texas’s evidence;
  • 4. may be accompanied by his or her parent(s); and
  • 5. may be represented by an attorney.

Hearing for Short-Term Suspension (up to 10 days)

LTS shall hold a hearing led by a Legacy administrator. Legacy will communicate the day and time and date of the hearing with the student and their family. LTS shall hold the hearing regardless of whether the student, the student’s parent(s), or another adult representing the student attends. The principal designee may audio record the hearing.

Within 48 hours or two school days, whichever is later, following the hearing, the principal or designee will notify the student and the student’s parent(s) in writing of his or her decision as to whether the student’s conduct warrants suspension or potentially long-term suspension. If so, the decision shall specify

  • the length of the extended suspension, if any; and
  • the right to appeal the principal or designee’s decision to the superintendent or the designee.

The notice shall also state that failure to request such an appeal within five calendar days of the date of receipt of the principal or designee’s decision constitutes a waiver of further rights in the matter, and that disciplinary consequences will not be deferred pending the outcome of an appeal.

Long-Term Suspension and Expulsions (more than 10 days)

A designee shall hold a long-term suspension and/or expulsion hearing. The designee will communicate the date and time of the hearing with the student and their family. The hearing officer shall hold the hearing regardless of whether the student, the student’s parent(s), or another adult representing the student attends. The designee may audio record the hearing.

Within 48 hours or two school days, whichever is later, following the hearing, the designee will notify the student and the student’s parent(s) in writing of their decision as to whether the student’s conduct warrants a long-term suspension and/or expulsion. If so, the decision shall specify

  • the length of the extended suspension, if any; and
  • the right to appeal the principal or designee’s decision to the School Board or the designee.

The notice shall also state that failure to request such an appeal within five calendar days of the date of receipt of the principal or designee’s decision constitutes a waiver of further rights in the matter, and that disciplinary consequences will not be deferred pending the outcome of an appeal.

Expulsion Appeals

The student or his or her parent(s) may appeal an expulsion decision to the superintendent or designee by notifying the principal in writing within five calendar days of the date of receipt of the principal or designee’s decision. The student and/or his or her parent(s) will be informed of the date, time, and location of the meeting with the Board in which the disciplinary consequence will be reviewed. The superintendent or designee will review the disciplinary administrative record and any audio recording or transcription/minutes of any hearings or conferences before the principal or designee at a regular or specially called Board meeting in closed session as permitted by the Texas Open Meetings Act. The appeal shall be limited to the issues and documents considered during the disciplinary hearing, except that if the administration intends to rely on evidence not included in the expulsion record, the administration shall provide the student or parent(s) notice of the nature of the evidence at least three days before the Board of Directors’ meeting.

The Board of Directors may, but is not required to, allow an opportunity for the student or parent(s) and the administration to each make an appeal. The Board of Directors will consider the appeal and may request that the administration provide an explanation for the disciplinary decision.

The Board of Directors will communicate its decision, if any, orally or in writing before or during the next regularly scheduled Board of Directors’ meeting. If no decision is made by the end of the next regularly scheduled Board of Directors’ meeting, the principal or designee’s decision with respect to the disciplinary action appeal shall be upheld. The Board of Directors may not delegate its authority to issue a decision, and any decision by the Board of Directors is final and may not be appealed.

As stated above, disciplinary consequences will not be deferred pending the outcome of an appeal of an extended suspension or expulsion to the Board of Directors.

No Credit Earned

Except when required by law, students will not earn academic credit during a period of expulsion.