Student’s Rights in Expulsion

(US and generally) Expulsion is very disrupting in any student’s or parent’s life. If your child is facing expulsion, remember he has the right to defend himself. Every student still has their constitution rights, even after they step onto campus or enter the school doors. Unfortunately, there are many examples of schools and school districts taking disciplinary action without the proper steps taken or all of the student’s rights put into consideration.

Typically, the school board needs to send a written notice of a hearing. In California, there needs to be a hearing within 30 days after the principle or superintendent determined that the student violated school rules. Though the hearings take place under the school’s jurisdiction, the proceedings still provide the same basic rights.

The student and the family have a right to be at the hearing. The school cannot conduct a hearing behind closed doors without the family present. The student and his or her parents can cross-examine the evidence that the school board plans to present (but remember the school board has the right to examine the student’s evidence also). The student (or his attorney) may also cross-examine witnesses at the hearing. Most importantly, the student has the right to present his own evidence and witnesses to defend him or herself.  For the best defense possible let Elliot Savitz Law help.

If the charges are harsh enough and you feel that your child’s rights are being trampled, it is unlikely the school board is going to listen to an angry parent. It’s best to consult an experienced attorney. While the student does not have the expressed “right to an attorney,” there is nothing barring him or her from having an attorney present to defend their rights. If you cannot afford an attorney, be aware of your child’s rights. Be firm, but also be cooperative. (Angry words will not convince the school board.)

The good news is that any person under the age of 17 has the right to education. And if the family cannot afford to move the student to another school, the district will still have the responsibility to provide for his or her education. This may include a form of home schooling. But this is not the ideal result. It is best to keep a student in school for his or her well-being; it’s about more than education.

With an awareness of your rights and your child’s rights, you will be able to more efficiently defend his or her innocence. If there is any question of your child’s rights being excused or omitted, it is best to turn to an attorney or, potentially, a criminal lawyer in Massachusetts. A parent’s word is strong, but coupled with the authority of an attorney, it is far more likely that your child will be able to continue to attend school.