StacksVerified U.S. regulatory reference

25 CFR §42.7

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
Due process must include written notice of the charges and a fair and impartial hearing as required by this section.
  1. (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:
    1. (1)A copy of the school policy allegedly violated;
    2. (2)The facts related to the alleged violation;
    3. (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. (4)Information regarding those parts of the student's record that the school will consider in rendering a disciplinary decision.
  2. (b)The school must hold a fair and impartial hearing before imposing disciplinary action, except under the following circumstances:
    1. (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. (2)In an emergency situation that seriously and immediately endangers the health or safety of the student or others; or
    3. (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.
  3. (c)In an emergency situation under paragraph (b)(2) of this section, the school:
    1. (1)May temporarily remove the student;
    2. (2)Must immediately document for the record the facts giving rise to the emergency; and
    3. (3)Must afford the student a hearing that follows due process, as set forth in this part, within ten days.