Section 827.40  Appeals of Disciplinary Actions

a)         Actions taken by DHS-DRS in conformance with this Part are appealable through procedures set forth in this Section.

b)         In cases of suspensions of more than 10 days and changes of placement including expulsion, the proposed discipline will not take place until the appeal has been exhausted, unless the student is a danger to self or others.  Suspensions of more than 10 days or changes of placement may be appealed directly to the DHS-DRS Director or designee or through Impartial Due Process Hearing (89 Ill. Adm. Code 828).

c)         If the student receiving the discipline and/or his or her parents or guardian is dissatisfied with disciplinary actions taken, they can appeal as follows:

1)         Step 1.  When the action is appealable under this Section:

A)        the student, parents or guardians may request a meeting with the staff person who imposed the disciplinary action within 3 school days after learning of, or being informed by the School of, the disciplinary action to explain the student's, parent's or guardian's position.

B)        The student, parents or guardians may request the supervisor of the staff person imposing the discipline, as well as the Superintendent, to be present at the meeting.

C)        The meeting must take place within 4 school days after the date the request is received.

2)         Step 2 

A)        If the matter is not resolved, the student, parents or guardians  may, within 3 school days after meeting with the Superintendent, write a letter to the DHS-DRS Director requesting a meeting.

B)        The meeting with the DHS-DRS Director must take place within 5 working days after the date the written request is received.

d)         A student has the right to be accompanied by or assisted by his or her parents or guardians, or other representative of the student's choosing, at any or all of the meetings.  Any expenses that result from involving the adults must be borne by the student or some source other than the School.

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)