Section Ed 317.04 - Disciplinary Procedures(a) There shall be the following levels of discipline available to school officials enforcing RSA 193:13 relative to the suspension and expulsion of pupils:(1) A short-term suspension pursuant to RSA 193:13,I(a) is for a period not to exceed 10 school days; (2) A long-term suspension pursuant to RSA 193:13,I(b)-(c) is for more than 10 days;(3) An expulsion by the local school board is for a period determined in writing by the board under RSA 193:13, II; and(4) An expulsion by the local school board is for a period of not less than 12 months under RSA 193:13, III.(b) The superintendent or the superintendent's designee shall be authorized to impose a short term suspension.(c) The school board or its designee shall be authorized to impose a long term suspension, after the imposition of a short-term suspension provided that the designee shall not be the same person who suspended the pupil in (a)(1).(d) Prior to the imposition of any suspension or expulsion, each school board shall adopt a policy under RSA 189:15 which prescribes the manner in which the student body shall be informed concerning the content of RSA 193:13 through announced, posted, or printed school rules.(e) If the school and school board have met the requirements of paragraph (d) a pupil appealing a local decision to the state board shall not be allowed to claim lack of knowledge of the state law requiring expulsion for bringing or possessing a firearm or other dangerous weapon as defined in these rules.(f) Due process in disciplinary proceedings shall include, at a minimum, the following: (1) In a short-term suspension: a. The superintendent or designee shall inform the pupil at the outset of the meeting of the meeting's purpose including the possibility of a short-term suspension;b. Oral or written notice of the charges and an explanation of the evidence against the pupil, which may be provided at or before this meeting; c. An opportunity for the pupil to present his/her side of the story;d. A written statement to the pupil and at least one of the pupil's parents or guardian explaining any disciplinary action taken against the student;(2) In a long-term suspension of a pupil: a. Written communication to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, prior to the hearing, of the charges and an explanation of the evidence against the pupil;b. A hearing in accordance with (f )(3)g.;c. A written decision which includes the legal and factual basis for the conclusion that the pupil should be suspended;d. If the hearing was conducted by the school board's designee, the decision may be appealed to the local school board under RSA 193:13, I; ande. If the hearing was conducted by the school board, the decision may be appealed to the state board;(3) In an expulsion by the local school board, due process shall include the following minimal requirements: a. A formal hearing shall be held before any expulsion; b. Such hearing may be held either before or after the short-term suspension has expired and pending the expulsion hearing; c. If the hearing is held after the expiration of a short-term suspension, the pupil shall be entitled to return to school after the short-term suspension has expired and pending the expulsion hearing, unless the student is still serving a long-term suspension;d. The school board shall provide written notice to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, of the date, time and place for a hearing before the local board; e. The written notice required by d. above shall include: 1. A written statement of the charges and the nature of the evidence against the pupil; and2. A superintendent's written recommendation for school board action and a description of the process used by the superintendent to reach his/her recommendation;f. This notice shall be delivered to the pupil and at least one of the pupil's parents or guardian at least 5 days prior to the hearing;g. The following hearing procedures shall apply:1. The pupil, together with a parent or guardian may waive the right to a hearing and admit to the charges made by the superintendent;2. If the pupil is 18 years of age or older, the concurrence of a parent or guardian shall be unnecessary unless the pupil is subject to a guardianship which would prevent the pupil from waiving the right to a hearing;3. Formal rules of evidence shall not be applicable, however, school officials shall present evidence in support of the charge(s) and the accused pupil or his/her parent or guardian shall have an opportunity to present any defense or reply;4. The hearing shall be either public or private and the choice shall be that of the pupil or his parent or guardian; and5. During the hearing, the pupil, parent, guardian or counsel representing the pupil, shall have the right to examine any and all witnesses;h. The decision of the school board shall be based on a dispassionate and fair consideration of substantial evidence that the accused pupil committed the act for which expulsion is imposed and that such acts are, in fact, a proper reason for expulsion; i. The decision shall state whether the student is expelled and the length of the expulsion;j. If the decision is to expel the pupil the decision shall include the legal and factual basis for the decision including the specific statutory reference prohibiting that act as listed in RSA 193:13, II; k. If the student is expelled, the decision shall state that the expulsion runs until the local school board later reviews it and restores the student's permission to attend school;l. The decision shall also state any action the student may take to be restored by the board; andm. The decision shall include a statement that the pupil has the right to appeal the decision to the state board of education.(g) Notwithstanding any other deadline in Ed 200 all appeals to the state board from school board decisions under (f),(2) and (f)(3) shall be filed within 20 calendar days of receipt of the written decision of the local school board and shall be in accordance with RSA 541-A and Ed 200.N.H. Admin. Code § Ed 317.04
#6109, eff 10-28-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
New. #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13
The amended version of this section by New Hampshire Register Volume 35, Number 27, eff.6/29/2015 is not yet available.