The Board of Education recognizes that students are fully protected by and have all rights extended to citizens, under the United States Constitution and the Amendments, and that these rights cannot be abridged except in accordance with due process of law.
The Hearing Board Office is charged with the responsibility of ensuring students receive due process when a school recommends disciplinary reassignment or long-term suspension for the alleged violation of discipline policies and rules. The Panel operates within the boundaries of procedures and policies specified in Board Policy #4300.
The Hearing Officer and Panel Members understand that they operate under the authority of the Superintendent and the Board of Education. They also believe as the Board of Education believe that to be successful, public school education must be a partnership involving the school personnel, students, parents and community. The New Hanover County Board of Education further believes that the maintenance of high citizenship standards provides a school climate conducive to effective teaching for learning.
It is the policy of the New Hanover County Board of Education to encourage and enforce the exercise of individual rights within the necessary framework of an orderly, efficient and continuing school program, yet at the same time to recognize, preserve and protect the rights of all students in its educational system to an education therein. Within this framework, it is the policy and continuing duty of the Board, and the administrative staff and the faculties of each school to prohibit and prevent those actions or types of student conduct that constitute a menace to the continuing educational program of New Hanover County Schools, or that become dangerous, disruptive or destructive and, therefore, endanger the proper maintenance and functions of the school program.
The Hearing Board Office is here to uphold these policies, principles and rules with regards to the protection and respect for all children in the care of New Hanover County Schools.
You have the right to appeal the portion of the recommened suspension or reassignment in excess of 10 school days to a hearing panel. You must make your rquest for a hearing by contacting the Hearing Board Administrative Assistant at 910.254.4308 and sending a written notice to Julie Varnam, Assistant Superintendent of Student Support Services, New Hanover Hanover County Schools, 1802 South 15th Street, Wilmington, NC 28401, fax number 910.254.4100, email julie.varnam@nhcs.net; so that it is received within 3 business days of the date of the notification letter. Such notice may be sent by fax, email, or hand delivery.
Appeal Process with a Hearing Panel
Participants should arrive 30 minutes prior to the scheduled hearing time. The identity of students other than the student appealing the suspension shall be protected to the extent required by the Family Education Rights and Privacy Act (FERPA).
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Parents/guardians are always encouraged to bring the student to the hearing.
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It is permissible and encouraged for parents/guardians/students to bring any relevant evidence they wish to present at the hearing. This could include witnesses, written witness statements, or any other physical or documentary evidence.
Present in the school-based hearing:
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Hearing Board Officer
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Hearing Panel (community member and a school administrator not from the student's assigned school)
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School Administrator(s) from the student's assigned school
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Parent/Guardian(s) and Student
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Student's Advocate (when applicable)
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Attorneys for all parties (when applicable)
The Hearing Office must be notified three days in advance of an appeal hearing if the student is to be represented by an advocate or legal counsel.
Hearing Day Procedures:
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Introductions
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Focus of Hearing
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Hearing Procedures & Instructions to the Panel
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Reading of Incident Description & Rules of Conduct
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Presentation for the School (to include any witnesses)
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Questions from the Student Representative and Panel
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Presentation for the Student (to include any witnesses)
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Questions from the School Representative and Panel
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Student Representative Closing Statement
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School Representative Closing Statement
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Adjourn for Hearing Panel Deliberation
After the conclusion of the hearing, the Panel will deliberate to determine whether to affirm (uphold), modify, or reverse the original determination of disciplinary action. A Student Due Process Representative will notify the parent/legal guardian within 24 hours of the panel's decision and an official letter will be sent within five school days.
Aaron Livengood
Hearing Officer
aaron.livengood@nhcs.net
910-254-4275