{"data":{"id":"us/25-cfr-42.7","jurisdiction":"us","citation":"25 CFR 42.7","heading":"What does due process in a formal disciplinary proceeding include?","body":"Due process must include written notice of the charges and a fair and impartial hearing as required by this section.\n(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:\n(1) A copy of the school policy allegedly violated;\n(2) The facts related to the alleged violation;\n(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\n(4) Information regarding those parts of the student's record that the school will consider in rendering a disciplinary decision.\n(b) The school must hold a fair and impartial hearing before imposing disciplinary action, except under the following circumstances:\n(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;\n(2) In an emergency situation that seriously and immediately endangers the health or safety of the student or others; or\n(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.\n(c) In an emergency situation under paragraph (b)(2) of this section, the school:\n(1) May temporarily remove the student;\n(2) Must immediately document for the record the facts giving rise to the emergency; and\n(3) Must afford the student a hearing that follows due process, as set forth in this part, within ten days.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER E—EDUCATION","PART 42—STUDENT RIGHTS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"9f08c17194747b5273f8cf667ecfb605e0ea69da4786984fb497d9e583c579a2","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-42.6","next":"us/25-cfr-42.8"},"notice":"GroundRules: Original legal text. Not legal advice."}