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What is the procedure when a school tries to expel a student?

If a student gets into trouble and faces expulsion, what is the process before they are expelled?

If you are looking for our college and university dismissal and expulsion defense practice area - click here.

  1. A student will first face a suspension. The suspension can be served at either home or an alternative school depending on the district.
  2. The school will make a determination whether the offense rises to the level of expulsion. If the school determines the student should be expelled, the school will notify the student and/or parents in writing. The document stating that the child is facing expulsion should also outline the formal charges being brought against the student by the school. The charges should align with the disciplinary guidelines or matrix for the district or college handbook.
  3. There will be a hearing on the charges and expulsion recommendation. At this hearing, evidence will be brought forth by the school to justify their reasoning for expelling the student. It is at this hearing that the student can bring their evidence as to why they should not be expelled. After this hearing, a decision for expulsion will be made.
  4. If the school’s decision to expel a student is confirmed by a hearing, the student most likely has an appeal. The appeal may be a student’s last chance at overturning the expulsion.

Recommendations from an experienced school expulsion attorney.

  1. Hire an attorney immediately – The clock starts ticking once the student is suspended and then recommended for expulsion. An experienced education lawyer who handles suspensions and expulsions could reduce the punishment based on certain factors.
  2. Students can bring an attorney to the expulsion hearing and appeal – Schools may be more agreeable to amending a disciplinary sentence if an attorney is present. In most cases, a student is permitted to have an attorney at all hearings and appeals. The lawyer can help you craft the best defense statement, assure that the school followed the appropriate policies and procedures, make legal arguments and negotiate on the student’s behalf. All with the goal of reducing or dismissing the expulsion charges.

Students in elementary, middle, high school, and even college can get into trouble. You can make an innocent mistake or get into a fist fight. Depending on the school’s disciplinary procedure, a student could face the threat of expulsion or be expelled. An expulsion can leave a permanent mark on your school record. This may need to be disclosed when applying to other schools, colleges, and even licensing boards in the future. Make your fight the best it can be.

Click to read our post on level IV expulsion charges here.

Richard Asselta is an award-winning education lawyer with offices in both Florida and New Jersey. He is experienced in defending all types of student disciplinary issues including dismissals and expulsions. Call The Education Lawyers today for a free consultation and protect your educational future. (855) 338-5299

Click here to read what client's are saying about Richard on Avvo, a lawyer review website.

Categories: Blog, Education Law

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