Education for Justice FACT SHEET Y-9 Fall 2009
SCHOOL
EXPULSIONS
WHEN CAN A STUDENT BE DISCIPLINED?
A student can be disciplined for any of the following reasons:
·
Breaking school rules
School boards make rules that students must follow. The rules must be clear and the student must have known about them. Usually, the rules are in the student/parent handbook.
·
Significantly disrupting the rights of others
to an education
Students are not allowed to disrupt classes, after-school programs, sports, or other school functions. A student who disrupts school or school events can be disciplined.
·
Being a danger to yourself or others or
school property
Students are not allowed to do things that put themselves or others in danger, or that damage property. Examples include fighting, hitting, throwing or breaking objects, and threatening to hurt others or yourself.
In all cases, the behavior leading to the
discipline must have been willful (or on purpose) in order for the student to
be disciplined.
WILL THE STUDENT BE
EXPELLED?
Expulsion is one
type of discipline a school can use against a student who breaks the
rules. Usually, students are only
expelled for very serious offenses or for repeat offenses. The most common reasons students are expelled
in
Your student/parent
handbook may say what type of discipline will be used for different rules that
are broken. Read the handbook
carefully. Your student should not be
expelled if the rule they broke does not list expulsion as one of the
punishments.
What are the student’s
rights when the school wants to expel?
Students have many
important rights when they are facing expulsion. An expulsion may not be legal if the school
does not make sure that the student is given these rights:
• Notice: Before the school can expel a student, the student and the parent or guardian must be given a written notice about the school’s plans to expel. The notice must have:
- the facts about what happened
- a list of witnesses
- what the witnesses will say at a hearing
- the time, date, and place of the hearing
- what the rights of the student and/or parent are for the hearing
- a description of what the school did to try to prevent the expulsion
- how to get a list of free and low-cost attorneys near you
- a copy of the Pupil Fair Dismissal Act attached to the notice
If any of these are not in the notice, parents should ask for them.
•
Right to a
Hearing: A student cannot be expelled without a
hearing, unless the student and parent sign a form waiving (giving up) the
hearing. The school may try very hard to
get you to sign this kind of waiver. But
remember- the hearing is the student’s chance to present his/her side of the
story and to make sure that the school has followed the rules that it has to
follow. Always speak to an attorney before signing anything.
• Right to Legal Representation: You have the right to have someone represent you at the hearing. The school will have an attorney at this hearing and so should you. The school must notify the parent of free or low-cost legal assistance for these hearings. Call an attorney as soon as possible.
• Preparing for the Hearing: You have the right to look at your school records before the hearing, to present evidence and witnesses at the hearing, and to cross-examine school witnesses.
•
Right
to a Speedy Hearing: The hearing must take place within 10
days of the school sending the notice of expulsion. If you or the school has a good reason for
needing more time, that deadline can be extended for up to 5 days.
WHAT HAPPENS AFTER THE
HEARING?
The hearing usually happens in front of a hearing officer, who is like a judge. The hearing officer makes a recommendation to the school board, but the school board makes the final decision of whether to expel the student. The hearing officer’s recommendation must be sent to you within 2 days after the hearing.
Find out when the school board will meet. If the hearing officer recommends expulsion, the student and parent can go to the meeting and ask the school district to not expel or to shorten the length of the expulsion. The school board must make its final decision in writing, and must give clear reasons for its decision.
WHAT HAPPENS IF THE
STUDENT IS EXPELLED?
• Length of Expulsion: Expulsion means that the student is not allowed to go to the school for up to 12 months. The school board can expel the student for less then 12 months, but it is illegal for a student to be expelled for more than 12 months, unless they brought a gun to school.
• Alternative Education: Schools still have to educate expelled students. Expelled students have a right to get “alternative educational services.” This may be things like enrollment in an Alternative Learning Center (ALC) or schooling at home that is supervised by a teacher. The services must be designed to make sure that the student keeps making progress towards graduation and to prepare the student for coming back to the school after the expulsion is over.
• Enrolling in Other Districts: It is important to know that if a student has been expelled they are not automatically stopped from going to school in a different school district. The school district that expelled them cannot expel them from other districts. A different school district can only keep an expelled student from enrolling through a procedure called exclusion. Exclusion cannot last past the end of the school year. See our fact sheet Student Discipline.
ARE THERE OTHER OPTIONS
FOR STUDENTS FACING EXPULSION?
Schools may offer
you a deal or alternative to expulsion. It is best to talk to an attorney before
accepting an offer, and to consider the terms of the offer carefully.
Some of the benefits
that a deal may include are:
·
The
school’s agreement to take anything about the proposed expulsion off the
student’s record.
·
The
school’s agreement to provide educational services.
Some of the risks of making a deal are:
·
you
would give up your right to a hearing
·
you may have
trouble finding a school for the student
Administrative Transfers: One alternative that may come up is called an Administrative
Transfer. This is when the student is
transferred to another school. Sometimes
a school offers an Administrative Transfer as an alternative to expulsion,
sometimes the school tells the parent that the student is going to be
transferred. It is often done to avoid
expulsion and the expulsion process. In
either case, if a parent hears this from their child’s school they should get
legal help right away. In
WHAT SHOULD I DO TO KEEP
MY CHILD IN SCHOOL?
If your student is
facing expulsion, keep these tips in mind:
·
Talk to an
attorney. If you live in
· Keep copies of everything you get. Keep a written record of all phone conversations, notices, and mail from the school and school district. Make sure everything has the date, time, and the person you spoke to. Make copies of everything you give to the school.
· Know your rights. The rights you have that are listed in this fact sheet are based on what is called your constitutional right to due process. It is important that you know them, and that you insist that they are followed.
· Make sure that your child gets alternative educational services. Students are usually suspended first and then expelled. The school has to start giving educational services after the 5th day of suspension. Make sure this happens, and work with the school to make sure that they are doing enough to help the student make educational progress.
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