Maine - Disciplinary Due Process: Program Requirement

Area: 
Program Requirement
Policy Type: 
Statute
Summary: 

State law provides comprehensive assurances of due process for students facing disciplinary action.

Maine Revised Statutes Title 20-A Education Part 2 School Organization Chapter 101 General Provisions Subchapter 1 School Boards 1001. Duties of school boards

8-A.  Due process standards for expulsion proceedings. Following a proper investigation of a student's behavior, a school board that intends to consider expulsion shall ensure proceedings include the following due process provisions.

A. Before a hearing on the expulsion, the superintendent shall:

  • (1) Provide written notice to the parents and the student of:
    • (a) The date, time and location of the hearing;
    • (b) A description of the incident or incidents that occasioned the expulsion hearing;
    • (c) The student's and parents' right to review the school records prior to the hearing;
    • (d) A description of the hearing process; and
    • (e) An explanation of the consequences of an expulsion; and
  • (2) Invite the parents and student to a meeting prior to the expulsion hearing to discuss the procedures of the hearing.

B. At a hearing on the expulsion:

  • (1) The student has the right to present and cross-examine witnesses;
  • (2) The student has the right to an attorney or other representation; and
  • (3) Witnesses must be sworn in and the chair of the hearing has the authority to swear in witnesses.

C. After a hearing on the expulsion, the school board shall provide written notice of its decision to the parents and the student by certified mail. The notice of the school board's written decision may include a reentry plan developed in accordance with subsection 9-C.

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