StacksVerified U.S. regulatory reference

25 CFR §42.8

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
A student has the following due process rights in a formal disciplinary proceeding:
  1. (a)The right to have present at the hearing the student's parents or guardians (or their designee);
  2. (b)The right to be represented by counsel (legal counsel will not be paid for by the Bureau-funded school or the Secretary);
  3. (c)The right to produce, and have produced, witnesses on the student's behalf and to confront and examine all witnesses;
  4. (d)The right to the record of the disciplinary action, including written findings of fact and conclusions;
  5. (e)The right to administrative review and appeal under school policy;
  6. (f)The right not to be compelled to testify against himself or herself; and
  7. (g)The right to have an allegation of misconduct and related information expunged from the student's school record if the student is found not guilty of the charges.