School & Education

Your child’s school cannot expel your child without first giving you the opportunity to attend a hearing to tell your child’s side of the story. This is called an expulsion hearing.

You should receive a written notice that the school district has scheduled an expulsion hearing. The notice must state the time, place, and reason for the hearing. This expulsion hearing is important to attend. 

The expulsion hearing When the parties in a case present their sides of a case to a judge or other officer is usually run by a hearing officer who decides what happened and then makes a recommendation to the school board. The school board then votes on whether or not to expel the student. 

In other districts, the board of education conducts the expulsion hearing and at the end of the hearing makes the final decision whether or not to expel your child.

Even if your child did something wrong, you can give reasons why you believe your child should not be expelled. To begin, your child can give her side of the story. Then, you can argue that:

• Your child’s conduct was not bad enough to warrant expulsion;
• Your child should not be expelled because your child has had no history of misconduct at school;
• Your child’s conduct did not disrupt the education of other students;
• Expulsion is too severe a punishment;
• Expulsion is not in the best interest of your child;
• If your child has an Individualized Education Program, or IEP, you can argue that the behavior or conduct was a manifestation of their disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. , and that they cannot expel your child; and
• If the school does decide to expel, your child should be allowed to attend an alternative program.

You have the right to:

• Bring an attorney or advocate
• Call witnesses
• Present evidence Anything used to show that something is true
• Cross-examine the school’s witnesses

Find out how the school board makes the final decision about expelling your child. If they decide after reviewing the hearing officer’s recommendations, you may have the chance to make one last argument to the board to stop the expulsion of your child. You should find out what the expulsion procedures are in your district, and ask to meet with the board after the expulsion hearing if this is an option in your school district.

If possible, bring a lawyer Someone who represents clients in courts or who gives legal advice or an advocate who knows education law with you to the expulsion hearing.

If the school district decides to expel your child after the expulsion hearing When the parties in a case present their sides of a case to a judge or other officer , you should check your school district’s disciplinary handbook to determine if there is a way to appeal A request to change a court's decision an expulsion decision. You can also appeal the decision by going to state court. Please consult a lawyer Someone who represents clients in courts or who gives legal advice about how to file an appeal in state court.