123 Kids and the Law The parent or guardian will also receive written notification in English and their primary language about the appeal process. The superintendent or designee decides the appeal. What is the process for requesting an appeal to the superintendent? The student or parent or guardian must request the appeal within five days of the effective date of the exclusion. (The student, parent, or guardian can request an extension of up to seven days, which will be granted.) Within three school days of the request, the superintendent or designee will hold a hearing with the student or parent or guardian. (The student, parent, or guardian can request an extension of up to seven days, which will be granted.) What rights does a student have at the hearing on the appeal? At the hearing on the appeal, the student is entitled: • To retain an attorney (but an attorney will not be appointed). • To present oral and written testimony on their behalf. • To cross-examine witnesses. The superintendent will make a determination in writing within five days of the hearing and this will be the final decision of the school district. ACCESS TO EDUCATION: ALL DISCIPLINARY EXCLUSIONS What happens to students excluded from school for 10 days or less? Students excluded for 10 or fewer consecutive days will have an opportuni- ty to make academic progress during the period of suspension. They can make up assignments and earn missed credits including, but not limited to, homework, quizzes, exams, papers and projects. This is also true for in-school suspensions. Legal Issues Related to School 10