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233. ATTACHMENT

EASTON AREA SCHOOL DISTRICT

STUDENTS RECOMMENDED FOR EXPULSION HEARING

“WAIVER FORM”

STUDENT’S NAME________________________BIRTH DATE__________AGE__________ID#_____________

ADDRESS___________________________________________________________PHONE #_________________

SCHOOL___________________________________GRADE___________________HOMEROOM____________

PARENT’S/GUARDIAN’S NAME________________________________________________________________

________________________________________________________________

Phone number(s) where parents/guardians may be contacted during work hours______________________________

____________________________________

The Easton Area School District recognizes that students must be afforded all appropriate elements of due

process if they are to be excluded from school. In cases like this one involving a possible expulsion, the student

is entitled to a formal hearing and certain hearing rights as specified by the State Board of Education in 22 Pa.

Code, as follows:

2.8. Hearings.

(a)

Education is a statutory right, and students shall be afforded due process if they are to be excluded

from school. In a case involving a possible expulsion, the student is entitled to a formal hearing.

(b)

Formal hearings. A formal hearing is required in all expulsion actions. This hearing may be held before

the governing board or an authorized committee of the board, or a qualified hearing examiner

appointed by the board. When a committee of the board or a hearing examiner conducts the hearing, a

majority vote of the entire governing board is required to expel a student. The following due process

requirements shall be observed with regard to the formal hearing:

(1)

Notification of the charges shall be sent to the student's parents or guardians by certified mail.

(2)

At least 3 days' notice of the time and place of the hearing shall be given. A copy of the expulsion

policy, notice that legal counsel may represent the student and hearing procedures shall be

included with the hearing notice. A student may request the rescheduling of the hearing when the

student demonstrates good cause for an extension.

(3)

The hearing shall be held in private unless the student or parent requests a public hearing.

(4)

The student may be represented by counsel, at the expense of the parents or guardians, and may

have a parent/guardian attend the hearing.

(5)

The student has the right to be presented with the names of witnesses against the student, and

copies of the statements and affidavits of those witnesses.

(6)

The student has the right to request that the witnesses appear in person and answer questions or be

cross-examined.

(7)

The student has the right to testify and present witnesses on his own behalf.

(8)

A written or audio record shall be kept of the hearing. The student is entitled, at the student's

expense, to a copy. A copy shall be provided at no cost to a student who is indigent.

(9)

The proceeding shall be held within 15 school days of the notification of charges, unless mutually

agreed to by both parties. A hearing may be delayed for any of the following reasons, in which

case the hearing shall be held as soon as reasonably possible:

(i)

Laboratory reports are needed from law enforcement agencies.

(ii)

Evaluations or other court or administrative proceedings are pending due to a student

invoking his rights under the Individuals With Disabilities Education Act (20 U.S.C.A. §§

1400--1482).

(iii) In cases in juvenile or criminal court involving sexual assault or serious bodily injury, delay is

necessary due to the condition or best interests of the victim.

(10) Notice of a right to appeal the results of the hearing shall be provided to the student with the

expulsion decision.

By signing this document, I/we stipulate to the following facts actually having occurred:___________________

__________________________________________________________________________________________

I/We, ____________________________ and ___________________________, as the mother/father/guardian

of ____________________________________, have received notice of the charge(s) and accept the

recommendation of the Principal to the Superintendent of Schools and the Easton Area School Board that

_______________________ be expelled as of ________________________ and be placed in my custody. The

expulsion period is as follows:

__________________________________________________________________________________________

I/We acknowledge that I/we have been informed of our rights under due process and understand them. In

accepting this recommendation, I/we hereby waive our rights to a formal hearing with the School Board.

I/We agree that this document and the Board of School Directors’ Adjudication are admissible in any legal

proceeding as evidence.

I/We recognize that it is our responsibility to secure an appropriate educational placement for our compulsory

school-age child within thirty (30) days of Board-approved expulsion.

If parents/guardians are unable to enroll the student in another public or private school, the parents/guardians

are encouraged to contact the Office of the Assistant Superintendent for Pupil Services (610-250-2400, Ext.

35032) for assistance.

Conditions of the expulsion include:____________________________________________________________

_____________________________________________________________________________________________

Readmission probation period/requirements:______________________________________________________

_____________________________________________________________________________________________

________________

________________________________________________________________

Date

Signature of Superintendent or Designee

________________

________________________________________________________________

Date

Signature of Principal

________________

________________________________________________________________

Date

Signature of Board President