Section 42.7 - What does due process in a formal disciplinary proceeding include?Due process must include written notice of the charges and a fair and impartial hearing as required by this section.
(a) The school must give the student written notice of charges within a reasonable time before the hearing required by paragraph (b) of this section. Notice of the charges includes: (1) A copy of the school policy allegedly violated;(2) The facts related to the alleged violation;(3) Information about any statements that the school has received relating to the charge and instructions on how to obtain copies of those statements; and(4) Information regarding those parts of the student's record that the school will consider in rendering a disciplinary decision.(b) The school must hold a fair and impartial hearing before imposing disciplinary action, except under the following circumstances:(1) If the Act requires immediate removal (such as, if the student brought a firearm to school) or if there is some other statutory basis for removal;(2) In an emergency situation that seriously and immediately endangers the health or safety of the student or others; or(3) If the student (or the student's parent or guardian if the student is less than 18 years old) chooses to waive entitlement to a hearing.(c) In an emergency situation under paragraph (b)(2) of this section, the school:(1) May temporarily remove the student;(2) Must immediately document for the record the facts giving rise to the emergency; and(3) Must afford the student a hearing that follows due process, as set forth in this part, within ten days.