Sherrie Bennett
Most public school discipline issues are handled with a simple time out or in-school suspension, which doesn't impinge on a student's access to education. But out-of-school suspensions or expulsions have become much more common as "zero tolerance" policies have blossomed over concerns for school safety. Unfortunately, suspensions and expulsions often stay on your child's permanent school record and may even impact on chances for college admission.
Each state, and sometimes even each public school district, has specific rules for how a school disciplinary process must be conducted, but there are some general principles of federal law which apply.
Students can typically be suspended or expelled for:
- Drug, alcohol or weapons possession
- Assaulting other students
- Repeated disruptive behavior
A public elementary and high school public education is a constitutionally-protected property right, so a student must be given what's called "due process" before a suspension or expulsion takes places.
"Due process" means that the suspension or expulsion must be done in a fair and evenhanded manner. This generally includes:
- The right to know the school's rules ahead of time
- Meaningful notice of the charges
- An opportunity to be heard in an appropriate setting
Knowledge of School Rules
Most schools publish behavior rules in student handbooks and distribute them to students at the beginning of each year. Many school districts also post school rules at each school. If your child's school hasn't published the rules and made them available to each student, you may be able to argue that your child didn't know of the rule that he or she is accused of violating.
What Is Adequate Notice?
If your child is being suspended or expelled, you should receive a detailed oral or written notice of the charges, including:
- The specific act or incidences involved
- A description of the evidence the school district is relying upon
- The exact number of days of suspension, and when the suspension begins and ends
- A specific date, time and location to appear and challenge the suspension or expulsion
In some states, the school must also advise parents of programs that might help in improving the student's behavior.
The Appeals Hearing
At the informal appeals hearing, school representatives will present the evidence against your child, and you'll have the opportunity to present evidence in your child's defense.
It's best to quickly hire an attorney to represent your child, especially if there is the possibility that there will also be criminal charges at some later date (such as with assault, or alcohol, drug or weapons possession). You wouldn't want your child to make statements in an appeals hearing that might harm him or her in a subsequent criminal investigation. Your child doesn't have to answer questions asked by the school or the police.
A student breaking public school rules may also be charged with juvenile delinquency under state laws, or be considered a "neglected" or "ill-supervised" child in need of being supervised in a juvenile detention facility. An attorney familiar with juvenile rights can help you stay out of hot water with local child or social services advocates.
An attorney can also make sure relevant information is presented to the school representative, and that you've had a chance to review your child's records ahead of time.
The federal Gun-Free Schools Act of 1994 ("GFSA") requires the expulsion- for a period of not less than one year- of students who bring a firearm to school. This makes it very difficult to fight an expulsion if your child took a gun to school.
Title VI of the Civil Rights Act of 1964 prohibits racial discrimination in schools. And you can use the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution to challenge school disciplinary action if you think the suspension or expulsion is related to racial hostility by school officials.
Under the federal Individuals With Disabilities Education Act , students with disabilities (link to article) can't be suspended for more than 10 consecutive days unless students without disabilities would receive the same punishment.
A student with disabilities, such as emotional impairment or learning disabilities that impact on his or her behavior, has the right to a behavioral assessment to identify behavioral problems and support the school can offer to resolve behavioral issues.
Except with cases involving weapons or physical injury, students with disabilities have a right to stay put where they are until the disciplinary process is done.
If you believe your child has been unfairly disciplined because of racial or disability discrimination, you can file a complaint with the Office for Civil Rights of the U.S. Department of Education within 180 days of the discriminatory action.
In many public school districts, parents may also appeal a suspension or expulsion decision to the school board or a special appointed committee. Even if your child has already served out a suspension before an appeal can be processed, you should appeal the decision if you think it was unfair, so that the punishment doesn't continue to be a black mark on your child's school record.
Related Web links:
Office for Civil Rights U.S. Department of Education