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Regulation 2663 – Expulsion
Unless a parent, custodian or the student, if at least eighteen years of age, waives in writing any
right to a hearing before the board of education as provided under RS Mo 167 .161 (1 ), no student
may be permanently expelled from school without a prior hearing before the full Board or, at
least, a quorum of the Board. Such a hearing shall generally be considered a contested case
pursuant to Chapter 536 of the Missouri Administrative Procedures Act and therefore not subject
to de novo review. A decision to expel a student requires the vote of a majority of those Board members present.
Due process for expulsion of students shall include the following:
- Board action shall begin with a written notification of the charges against the student, which shall be delivered by certified mail to the student, his/her parent/guardian, or others having his/her custodial care. Such notification will include charges, contemplated action, and time and place of a hearing on such charges and that the student, parent/guardian, or others having custodial care shall have the right to attend the hearing and to be represented by counsel.
- The hearing will be closed. At said hearing, the Board of Education or counsel shall
present the charges, testimony, and evidence deemed necessary to support the charges.
The Board will expect the principal in each case to be present and make oral and written
reports and statements concerning the student’s misconduct. The student, parent/guardian
or others having custodial care, or counsel, shall have the right to cross-examine
witnesses presented in behalf of the charges and to present testimony in defense
thereagainst. - At the conclusion of the hearing or in an adjourned meeting, the Board of Education shall
render its decision to dismiss the charges, suspend the student for a specified time, or
expel the student from the schools of the District. Prompt written notice of the decision
shall be given to the student, parent/guardian or others having custodial care, and counsel,
if applicable.