APPEALS

Any parent, or legal guardian of a student suspended shall have the right to appeal to the Superintendent or his/her designee, who shall conduct a hearing on the merits.  If the parent or legal guardian is not present for the hearing after having been properly notified, the hearing may proceed and the results of the hearing shall be mailed to the parent or legal guardian within three (3) school days by certified mail, return receipt requested.  The decision of the Superintendent on the merits of the case, as well as the term of the out-of-school suspension, shall be final, reserving to the Superintendent the right to remit any portion of the time of out-of-school suspension.

Notwithstanding the foregoing, the parent or legal guardian of a student who has been recommended for expulsion but suspended instead following a hearing conducted by the Superintendent or his/her designee shall have the right to request review by the School Board of the findings of the Superintendent or designee at a time set by the School Board. Such a request must be made within five (5) days after the decision is rendered, or the decision of the Superintendent or designee shall be final.  The School Board may affirm, modify, or reverse the action previously taken.

The parent or legal guardian of the student may, within ten (10) school days, appeal to the judicial district court an adverse ruling of the School Board upholding the action of the Superintendent or designee.  The court may reverse or revise the ruling of the School Board upon a finding that the ruling of the School Board was based on an absence of any relevant evidence in support thereof.