School Suspensions - General Information
by: Northwestern Legal Services
The school district must publish and distribute to students a list of the types of offenses that can lead to a student's exclusion from school. If a student is alleged to have committed such an offense and is threatened with a suspension, he or she has the following rights:
Suspensions of Three Days or Less:
The parent(s) or guardian(s) of the student must get a written notice containing the dates of the suspension and the reason(s) for the suspension. If an emergency exists, the notice need not be given until after the student is suspended. If a student is suspended, he or she must be given an opportunity to make up work missed while on suspension.
Suspensions of Four to Ten Days:
Same rights as three day suspensions plus:
The School District must offer to hold an informal hearing with the principal within the first five days of the suspension or the student must be returned to the classroom. At the informal hearing:
- The student's parents(s) or guardian(s) can present witnesses
- The student's parent(s) or guardian(s) have the right to question school district witnesses
NOTE: According to the law an informal hearing is meant to encourage the student's parent(s) or guardian(s) to meet with the principal to discuss ways to prevent future offenses from being committed.
In-School Suspensions:
An in-school suspension is where a student is excluded from class, but not from school. During the suspension the school must allow the student to complete his or her scheduled schoolwork. If the in-school suspension is more then 10 consecutive school days the parent(s) or guardian(s) and the student have the right to an informal hearing with the principal before the 11th day of the suspension.
We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. However, the law does change, sometimes quickly and unexpectedly. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet.
Last Reviewed: January 2006
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