Due Process Student Discipline Procedures
SPp 6.114
Standard Operating Procedure Outline
Category:
Student Policies
Procedure:
Due Process Student Discipline Procedures
Policy Reference # : SP 6.157
Department:
Version: 2.0
Office of Student Discipline
Date: July 25, 2013
Operational Objective(s)

To document the appeal process of students who are disciplined for behavior violating MNPS’ Code of
Acceptable Conduct.
Procedure
A. SUSPENSION PROCEDURES
“Suspension” is defined as dismissal from attendance at school for any reason not exceeding ten (10)
consecutive days. Multiple suspensions shall not run consecutively nor shall multiple suspensions be
applied to avoid expulsion from school. The school district shall remain eligible to receive funding for a
suspended student. [TCA 49-6-3007 (h) (3)].
1. Suspension of Ten Days or Less
1.1 During the investigative process, a student will be afforded due process (the opportunity to give
his/her written and verbal account of the incident). After the investigation, if a suspension is
warranted, a suspension notice will be issued. A summary suspension of no more than two days
may be given while completing an investigation.
1.2 If a student’s presence in the school poses any real or potential danger to other students or school
officials, or a continual interruption of student education, the student will be removed from the school
immediately. In this case, parent notification and due process will follow as soon as possible.
1.3 If appropriate, incidents may be referred to local law enforcement officials.
1.4 All information pertaining to the behavior incident should be entered in SMS including the date of the
incident, primary student, witness and/or victims, appropriate event/discipline codes, incident details,
action start and end dates, responsible person (principal or designee assigning action), and action
details. The action of Out of School Suspension should be entered. Do not enter the action of
Suspended.
1.5 Upon suspension of any student other than for in-school suspension of one (1) day or less, the
principal shall, within twenty-four (24) hours, notify the parent or guardian via phone. Principal or
principal designee should verify with parent/guardian the student mailing address. The Notice of
Disciplinary Action Report from SMS should be mailed the same day as the incident is addressed. A
copy of this report should be placed in the student’s discipline file, which is separate from the
cumulative record [TCA 49-6-4106 Disciplinary Referrals, Acts 2009, ch. 315, § 1.] Principal shall
within twenty-four (24) hours notify the director of schools or the director of schools' designee of the
above suspension.
1.6 If the suspension is for more than five (5) days, the principal shall develop and implement a plan for
improving the behavior.
1.7 In the event the suspension occurs during the last ten (10) days of any term or semester, the pupil
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may be permitted to take final examinations or submit required work that is necessary to complete
the course of instruction for that semester, subject to the action of the principal, or the final action of
the board of education upon any appeal from an order of a principal continuing a suspension .
[TCA 49-6-3401 (d)]
2. Expulsions/Remandments
“Expulsion” is defined as removal from attendance at school for more than ten (10) consecutive days or
more than fifteen (15) days in a month of school attendance. Multiple suspensions that occur consecutively
shall constitute expulsions. The school district shall not be eligible to receive funding for an expelled
student. [TCA 49-6-3007 (h) (1)].
“Remand” is defined as assignment to alternative school. The student so assigned shall be included in
ADA/ADM and will continue to be counted as present for funding purposes. The state department of
education shall establish a set of codes to be used for reporting reasons for students on remand to an
alternative school. . [TCA 49-6-3007 (h) (2)].
2.1 All Notices of Expulsion shall be signed and approved by the Principal of the school.
2.2 School administrators will immediately notify the assigned Discipline Coordinator of a student
expulsion or remandment of more than ten days and the cause and conditions for readmission within
24 hours. The following forms should be immediately faxed:
1.
2.
3.
4.
Notice of Expulsion of More than Ten (10) Days
Notice of Disciplinary Action from SMS
Notice of Expulsion and Right to Appeal
Exceptional Education Checklist
2.3 No later than the third (3rd) day of expulsion/remandment the additional items below should be faxed
to the assigned Discipline Coordinator:
1.
2.
3.
4.
5.
6.
Principal’s and Student’s Statement
Student’s Report Card
Student’s Transcript
Student’s Schedule
Current IEP for Exceptional Ed Students
Manifestation Determination papers for Exceptional Ed Students
2.4 All information pertaining to the behavior incident should be entered in SMS including the date of the
incident, primary student, witness and/or victims, appropriate event/discipline codes, incident details,
action start and end dates, responsible person (principal or designee assigning action), and action
details. Incidents should be recorded with the action of expelled, until the time a student enrolls in an
Alternative Learning Center (ALC). Once a student has enrolled in the ALC, the expelled action
should be deleted from the incident and the action of remandment should be added to the incident.
Expelled students should not be withdrawn as dropouts from the home school.
2.5 Upon expulsion or remandment of any student the principal shall, within twenty-four (24) hours, notify
the parent or guardian via phone. Principal or principal designee should verify with parent/guardian
the student mailing address. The Notice of Disciplinary Action Report from SMS should be mailed the
same day as the incident is reported and action is determined. Notice may be hand delivered. The
right to appeal should be included with this notice. A copy of this report should be placed in the
student’s discipline file, which is separate from the cumulative record [TCA 49-6-4106 Disciplinary
Referrals, Acts 2009, ch. 315, § 1.]
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B.
APPEAL PROCESS
Expulsions may be appealed through the following processes:
Note: At any appeal level, should the parent/guardian intend to have legal representation for the
student, forty–eight (48) hours prior notice must be given. If notice is not received, the appeal
hearing will be delayed and rescheduled at a time when legal representation for MNPS can attend.
1. Conference with the Executive Principal- held at the school level.
1.1 A parent, guardian, or student may request a meeting with the Executive principal when the student
has received an expulsion of greater than ten (10) days.
1.2 The principal will provide due process by explaining the school’s view of the offense and the length of
the expulsion. The principal will allow the student to explain his/her side or view of the offense. The
parent has a right to all evidence that relates to this expulsion. This will be provided by the school.
1.3 At this meeting the principal may uphold the expulsion, remove the expulsion, shorten the terms of the
expulsion, choose to place the student in Twilight School, or offer other creative actions as approved.
1.4 Any changes to the originally assigned action or length should be updated on the original student
discipline incident in SMS.
NOTE: When the executive principal is the suspending principal and has discussed the violation with
the parents, this meeting is not necessary. In emergency situations, this meeting may be conducted via
a phone conversation.
2. Level One Appeal
2.1 If the parent, guardian, or student, wishes to appeal an expulsion of more than ten (10) days, the
request for an appeal must be made within five (5) days of receipt of the “Notice of Expulsion of More
Than Ten (10) School Days.” (TCA 49-6-3401 (C)).
2.2 For all expulsions of greater than 10 days, this appeal hearing is held by the Discipline Review Board
(DRB) at one of the Metropolitan Nashville Public high schools or a location selected by the Discipline
Coordinator. This appeal is recorded.
2.2.1 The DRB consists of the Discipline Coordinator and three principals from a school other
than the school of the student.
2.3 The Level One appeal may be attended only by the DRB members, the Director of Schools or the
Director’s designee, the principal, the student, the parents, the student’s representative, security
personal (if necessary), and others deemed appropriate by Student Services. This appeal shall be held
no later than ten (10) days after the beginning of the suspension. (TCA 49-6-3401 (D))
2.4 At the Level One appeal, the suspending school is represented by either the principal or assistant
principal. This representative explains the incident, including the facts discovered and the terms of the
expulsion. Attendance, cumulative file (grades and transcripts), discipline records, and any special
information will be brought to the appeal to address questions that may be asked by the Discipline
Review Board.
2.5 The student has the right to explain his/her account of the behavior that lead to the expulsion.
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2.6 During the hearing the student may be excluded at the discretion of the DRB with the agreement of the
student’s parents or the student’s representative. All parties may ask questions about the incident.
During deliberations all parties will be excused excluding the DRB.
2.7 The Discipline Review Board may affirm the decision of the principal, order removal of the expulsion
unconditionally or upon such terms and conditions as it deems reasonable, expel the student for a
specific period of time, or place the student in an alternative setting for a designated amount of time.
3. Level Two Appeal
3.1 If a parent, guardian, or student, wishes to appeal the Level One decision, a written request must be
sent to the Executive Director of the student’s school within five (5) days of the decision of the Level
One appeal.
3.2 This appeal is heard by the Executive Director of the student’s tier level at the Board of Education
and is recorded.
3.3 At this level, the suspending school is represented by either the principal or assistant principal. This
representative explains the incident to the Executive Director, including the facts discovered and the
terms of the expulsion. Attendance, cumulative records (grades and transcripts), discipline records,
and any special information will be brought to the appeal to address questions that may be asked by
the Executive Director.
3.4 The student has the right to explain his/her account of the behavior that lead to the expulsion.
3.5 The Executive Director will ask questions as needed before excusing the school’s administrator,
student, and his/her parents, guardian, or representative.
3.6 The Level Two appeal may be attended only by the Executive Director, Discipline Coordinator,
principal or principal’s designee, the student, the parents, the student’s representative, security
personnel (if necessary), and others deemed appropriate by Student Services.
3.7 The Executive Director may affirm the decision of the principal, order removal of the expulsion
unconditionally or upon such terms and conditions as they deem reasonable, or expel the student for
a specific period of time.
3.8 Any changes to the originally assigned action or length should be updated on the original student
discipline incident in SMS. Should the incident be overturned by the Executive Director (student
found “not guilty”), the incident should be deleted in SMS and any days the student has missed from
school due to the hearing process should be changed to E-Ex Abs on the student’s attendance
screen unless otherwise instructed by the Executive Director.
4. Level Three Appeal
4.1 If a parent, guardian, or student, wishes to appeal the Level Two decision, a written request must be
submitted to the Board of Education within five (5) days of the rendering of the decision of the Level
Two appeal. [TCA 49-6-3401]
4.2 Based on a review of the record, the Board of Education may grant or deny the request for a hearing
and may affirm or overturn the decision with or without a hearing; provided, the Board may not
impose a more severe penalty without an opportunity for a hearing.
4.3 If an appeal is granted, the suspending school is represented by either the principal or assistant
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principal. This representative explains the incident to the Board of Education, including the facts
discovered and the terms of the expulsion.
4.4 Attendance, cumulative records (grades and transcripts), discipline records, and any special
information will be brought to the appeal to address questions that may be asked by the Board of
Education.
4.5 The appeal is closed unless the parent or student requests an open meeting.
4.6 The student then has the right to explain his/her reason for appeal.
4.7 The Board of Education asks questions as needed before excusing the school’s administrator,
student, and his/her parent or guardian.
4.8 The decision of the Board of Education can include upholding the expulsion, shortening the term of
the expulsion, lengthening the expulsion, or other creative actions.
4.9 Any changes to the originally assigned action or length should be updated on the original student
discipline incident in SMS. Should the incident be overturned by the Board of Education (student
found “not guilty”), the incident should be deleted in SMS and any days the student has missed from
school due to the hearing process should be changed to E-Ex Abs on the student’s attendance
screen unless otherwise instructed by the Board of Education.
Performance Measure/Accountability

Continuous evaluation of procedure to ensure efficiency and compliance with all regulations.
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