Expulsion and suspension of students from school pose serious concerns for parents and for students. The practical implication of a long term suspension or expulsion creates a number of serious repercussions including removal to an alternative educational setting, removal from school all together and may even prevent the student from attending other school. Even worse, your child's entire education is disrupted when he or she is suspended or expelled.
For children with disabilities, the idea of being removed from school poses an enormous concern for parents as the loss of special education services and programming can be detrimental to success in school.
Notification that your child will be removed from his or her school for a violation of the law or the school district's policies implicates a host of rights including, but not limited to, a right to defend your child at a fair hearing or in the case of a IEP eligible or Section 504 plan eligible student a manifestation hearing.
If the suspension is a short-term suspension, a parent has the right to challenge the accuracy of the information contained in the suspension. Since your child's records follow them through school, our office is prepared to assist you with a records challenge. There are other rights such as notice of the specific facts that form the basis of the suspension. A strong challenge to the suspension can result in having the suspension removed from your child's file. Every case is of course different so the basis of the charge and the facts will dictate how to defend a removal from school such as a suspension.
When long-term suspensions or a notice of expulsion from school occurs, the following are some of the rights provided:
1. Notice of the specific facts that form the basis of the charges.
2. The right to be represented at the expulsion hearing by an attorney.
3. Present witnesses and evidence at the hearing including calling school district witnesses.
4. To be provided with all documents and evidence prior to the expulsion hearing upon which the school district will rely.
5. The right to appeal an adverse decision of the fair hearing panel.
In the context of special education students under an IEP or for students who receive services under a Section 504 plan there are a host of additional rights that apply including the right to a manifestation hearing.
The Leigh Law Group's expulsion and suspension attorneys specializes in education, special education and school law. If you have received a notice of suspension or expulsion, we provide a free consultation to discuss your unique situation.