SB 1228 Summary

• Requires school district boards and public school academy boards to appoint one or more independent decision makers to conduct disciplinary hearings for suspensions over 10 days, expulsions, or alternative placements over 10 days.

• Independent decision makers cannot conduct investigations, provide testimony, or present evidence at hearings, but must apply a preponderance of the evidence standard and make findings on all factors in existing disciplinary law.

• Hearings must include disclosure to pupils about potential use of testimony against them in court, an offer of closed hearings without public or law enforcement presence, and opportunity for pupil input on disciplinary factors.

• Pupils have the right to representation by an attorney or non-attorney advocate, and parents must receive written reports containing findings, justifications, consideration of all factors, alternative placement recommendations, and appeal rights.

• Independent decision makers must not be school employees involved with the pupil or individuals with conflicts of interest; alternative placements can include other school buildings, alternative programs, cyber schools, neighboring districts, home-based instruction, adult education, or dual-enrollment community college.