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:
(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.
(3)
Must afford the student a hearing that follows due process, as set forth in this part, within ten days.