PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing through a number of digital platforms. Please call our office to discuss your options.
  1. Home
  2.  » 
  3. Education Law
  4.  » 
  5. Expulsion And Suspension
  6.  » May Expel Expulsion

May Expel Expulsion

In the case of certain factual allegations that form the basis of a charge for expulsion, the recommendation for expulsion can only be based if one or both of the following exits:

1. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.

2. Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

In order to defend against an expulsion, it is therefore important to know what the specific types of behavior intervention the school district has implemented in the past consist of, how long those interventions were attempted, who implemented those interventions and when they were implemented.

The “May Expel” Acts committed at school or school activity or on the way to and from school or school activity.

A. In some instances of infliction of physical injury

B. Possessed dangerous objects

C. Possessed drugs or alcohol

D. Sold look alike substance representing drugs or alcohol

E. Committed robbery/extortion

F. Caused damage to school property or property belonging to the school in a number of forms

G. Committed theft

H. Used tobacco (this is typically based on the school district’s policy and rules)

I. Committed obscenity/profanity/vulgarity

J. Possessed or sold drug paraphernalia

K. Disrupted or defied school staff

L. Received stolen property

M. Possessed imitation firearm

N. Committed sexual harassment

O. Harassed, threatened or intimidated a student witness

P. Sold prescription drug Soma

Q. Committed hazing

R. Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act directed specifically toward a pupil or school personnel.