School & Education

An expulsion is any removal of a student from school for more than 10 days in a row. An expulsion can be any length of time from 11 days to 2 years. Students who are expelled will usually be suspended first, for up to 10 days.

This applies to most students. However, there are different rules for the expulsion of students with disabilities. 

Also, pre-school students cannot be expelled. There are different rules for disciplining pre-school students.

A student can only be expelled if:

• The school has exhausted other appropriate and available interventions, and
• The student's continued presence would either: 
  • Be a threat to school safety, or
  • Substantially disrupt the operation of the school.

Students may be disciplined for a wide range of misconduct. For details on all discipline, see your school district’s disciplinary handbook, which you and your child should have received at the beginning of the school year. Many school districts also post their disciplinary handbook online. 

In some situations, the school may also call the police. However, the school is not allowed to have their own booking station on school grounds where police detain students for criminal behavior.

Zero Tolerance

In general, schools are not allowed to have zero-tolerance policies. This means schools cannot have policies requiring them to expel students for certain behaviors. However, there are a few limited exceptions.

Zero-Tolerance Policy Exceptions:

• A student who brings a firearm to school or to a school-related event must be expelled for at least one year. The school superintendent can modify To change or adjust the length of an expulsion under this section. The school board can also modify the superintendent’s determination about the length of expulsion on a case-by-case basis.
• A student who brings a knife, brass knuckles, or billy club must be expelled for at least one year. This section also applies to other objects, including “look-alike” firearms, but only if the student uses or attempts to use the object to cause bodily harm. The school superintendent or the school board can modify this rule on a case-by-case basis.

Non-attendance

A student may not be expelled for not going to school unless they miss 15 days in a row without valid cause, and:

• The student cannot be located by the school district, or
• The student has been located but cannot be compelled to return to school.

Students are allowed 5 mental health-related absences without a note.

Expulsion Hearing

Before expelling a student, the school must have an expulsion hearing When the parties in a case present their sides of a case to a judge or other officer . The school must send the parent written notice of the expulsion hearing. Written notice must include the time, place, and purpose of the meeting. This notice must be sent by registered or certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered .

The expulsion hearing is run either by the school board or a hearing officer. In Chicago and many suburban school districts, a hearing officer runs the expulsion hearing. If the hearing is run by a hearing officer, the hearing officer will provide the school board with a written summary of the evidence Anything used to show that something is true presented. The school board will then meet to vote on whether or not to expel the student.

At the hearing, you have the right to:

• Bring an attorney or advocate,
• Call witnesses,
• Present evidence, and 
• Cross-examine the school’s witnesses.

If you plan to bring an attorney, let the school know before the hearing. If you want to bring an attorney but need time to find one, you should contact the school immediately to let them know and to ask to reschedule the hearing.

Before the hearing, you should ask whether the hearing will be recorded. Even though Chicago and some school districts record or use a court reporter at expulsion hearings, they do not have to do so. If you want to record an expulsion hearing, you should notify the parties ahead of time. If the school records the hearing, you should request a copy of the recording after the hearing.

Chicago's SMART program as an alternative to expulsion

In Chicago, there is an alternative for expulsion called the SMART program. SMART stands for “Saturday Morning Alternative Reach-Out and Teach.” Students in the SMART program:

• Attend 8 Saturday morning classes,
• Learn how to resolve problems,
• Receive help for alcohol or drug problems, and 
• Must do 20 hours of community service for a non-profit organization.

If your child attends a public school in Chicago, at the expulsion hearing, you can ask that they go to the SMART program instead of being expelled. If your child is admitted to the SMART program, it is important to make sure they attend all classes. If your child misses any classes, they will be expelled from school, usually for one semester.

Expulsion Decision

The school board, not the hearing officer, decides whether to expel a student and for how long. If the school board votes to expel the student, the school board must provide the student and parent with a written expulsion decision. The written decision must include the specific reasons why removing the student is in the school's best interest. The decision must also include the length of the expulsion and explain why the student was expelled for that length of time. An expulsion cannot be longer than 2 years.

When a student is expelled, the school can decide to transfer the student to an alternative school program. This is an option for the school, but it is not required.

School districts must have a policy in place to handle a student's return to school after an expulsion or after returning from an alternative school setting.