Kentucky - Disciplinary Due Process: Program Requirement

Area: 
Program Requirement
Policy Type: 
Statute
Summary: 

State law establishes minimal assurances of due process for students facing disciplinary action.

Kentucky Revised Statutes 158.150. Suspension or expulsion of pupils.

(5) A pupil shall not be suspended from the common schools until after at least the following due process procedures have been provided:

  • (a) The pupil has been given oral or written notice of the charge or charges against him which constitute cause for suspension;

  • (b) The pupil has been given an explanation of the evidence of the charge or charges if the pupil denies them; and

  • (c) The pupil has been given an opportunity to present his own version of the facts relating to the charge or charges.

These due process procedures shall precede any suspension from the common schools unless immediate suspension is essential to protect persons or property or to avoid disruption of the ongoing academic process. In such cases, the due process procedures outlined above shall follow the suspension as soon as practicable, but no later than three (3) school days after the suspension.

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