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School Discipline -- Suspensions & Expulsions
by: Central Virginia Legal Aid Society, Inc.

School Discipline ? Suspensions & Expulsions

The school board must have written rules that say when a student can be suspended. The student may not be suspended unless he/she breaks one of these rules. Before the student can be suspended for ten days or less, the principal, assistant principal, or teacher must:

Tell the student what rule he/she broke, or write it down and give the student a copy.
Explain to the student why he or she believes the student broke the rule if the student denies it.
Give the student a chance to tell his/her version of what happened.

If the student's conduct is dangerous or keeps threatening to disrupt school, the student may be suspended right away. The student must then be given a hearing as soon as possible after that.

After a suspension of ten days or less, the school must tell the parents in writing what happened. The student or parents can appeal the suspension to the superintendent and then the school board.

If a school wants to suspend the student for more than ten days, it must follow the rules for expulsion.

The school board also must have written rules that say when a student can be expelled. The student may not be expelled unless he/she breaks one of these rules. Before the student can be expelled or suspended for more than ten days, the school board must give the student and the parents a written statement of what they want to do and their reasons for it. The statement must explain the right to ask for a hearing and must give enough time to prepare for the hearing. At the hearing, the student and the parents have the right to:

Present any evidence to help the case.
Have a lawyer to help.
Ask questions of people who testify.
Look at all papers that are given to the hearing panel.
Have a decision based only on the evidence presented at the hearing.
Have a written statement of the reasons for the decision.
Appeal to the full school board if someone else made the decision.

Last Reviewed On: 04/27/06

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