Code of Federal Regulations Title 25. Indians § 25.42.7 What does due process in a formal disciplinary proceeding include?

(1) A copy of the school policy allegedly violated;

(2) The facts related to the alleged violation;

(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.

(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.

(1) May temporarily remove the student;

(2) Must immediately document for the record the facts giving rise to the emergency;  and

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