With suspension, you temporarily lose some of your rights and privileges at the school. That means that you still can’t go to your classes or join any school activities. It lasts up to about a week.
Rules can change depending on where you are. Each school district can also set up its own policies for how the suspension works.
The Fifth Amendment to the U.S. Constitution says that no one can be “deprived of life, liberty or property without due process of law.” The courts in the United States have found that this important idea covers two main things.
One thing to know is that every level of government and any government agency needs to follow the law in everything they do. They have to follow correct procedures each time.
You’ll also hear about the Fourteenth Amendment’s “Due Process Clause” often. This important rule adds that the government and its agencies have to follow the law and make their decisions in a fair way.
You have a right to education in the United States. If the school takes away your access to education through things like a suspension or expulsion, you can also get protections. The due process rights mean that the school has to tell you about what’s going on and set up a fair hearing before any long-term suspension or expulsion goes into effect.
You’ll also see that most states have their own laws about how the schools are able to manage suspensions and any extra policies from your local school district.
Most school districts will allow for a student to be suspended when there’s a good reason for it. That means any behavior that can put the safety, health, or emotional health of others in danger.
A student can be suspended for committing an assault or battery on another student or a staff member. Another example is when a student brings a weapon or even a fake weapon to school.
Students can also be suspended for having or trying to sell alcohol or other controlled substances.
You can also get yourself suspended for damaging or stealing any school or private property (theft). When a student causes a disruption at school or shows willful defiance toward school authorities, these are additional reasons for suspension. When a student harasses or threatens other students or staff members, this’ll result in suspension as well.
You’ll get an informal meeting with the principal which is your main chance to respond.
At this meeting, you’ll hear the reason for your suspension and you’ll get a chance to share any information or evidence for your side too. You shouldn’t hesitate to speak up and explain your point of view.
To figure out the steps of due process with these school suspensions or expulsions then you’ll want to look at your state’s laws and the local school district’s rules. Everyone who’s involved needs to follow these state and local laws about how the suspensions and expulsions are handled.
If a student may face a long-term suspension, they’re put on a short-term suspension first, while the school sets up a due process hearing for them. The local guidelines list how long a student can be kept out of the school before that formal hearing takes place.
The temporary suspension lasts anywhere from five to ten days. But it can increase to 30 days for the student. Before the short-term suspension actually starts, the school should also give at least a basic level of due process to everyone.
There will be a meeting with the student, their parents, and the school administrators (“administrative hearing”). In this important meeting, people talk through why the suspension happened and if it needs to be longer. This is the time for the student and their parents to share their own side of the story.
A hearing process starts by letting the student and their parents know the date, time, and place for the hearing. During the meeting, the school will lay out which laws the student supposedly broke and how they did it.
Every long-term suspension or expulsion gets reviewed in a formal hearing. In that hearing, you should expect a few important features. You’ll receive a written notice saying what the rule violation is and how it happened. There will be a heads-up that a neutral, three-person panel will choose the outcome. You’ll get a statement that you can present your own evidence and witnesses. You’ll also receive notice that you have the right to legal counsel or another advocate. The information will state that the hearing will be closed to protect the student’s privacy. Finally, you’ll get a timeline that indicates when you’ll get the school’s final written decision.
Instead of suspending the student, the school might need them to try options like making amends, doing community service, joining an anger management program, or going to counseling. The schools give you other similar options too.
During any suspension period, the school has to plan how the student can keep up with their classes. This might mean sending some assignments home or letting the student work in a different location while they’re out of their main school.
When someone gets suspended, that event still stays on their permanent record. Some school districts let you petition to have a suspension taken off your record, so there might still be a way for you to clear it. You might also be able to make a sound case to the school board if you want to get the suspension removed.
You’ll find that teachers also expect suspended students to keep up with their assignments while they’re out of school. Even if no one specifically asks for it, if the student stays on track, it can help them retry that class without falling behind.
If your child is suspended, you should try reaching out to the school to ask for any classwork or tests. Parents or guardians can sometimes even get these materials so the student doesn’t miss out.
The suspended students can’t be on the school grounds while their suspension is still in effect. If you’re caught on campus during this time, the school may call your parents or even the police to have you leave. If you still need to pick up something from the school, you can try asking a friend or a parent to get it for you instead.
If you think that you’ve been suspended, you can always send in an appeal. If that appeal process goes well, then the suspension will be removed from your record.
If you have any problems, questions, or concerns about your suspension, please talk to a government lawyer. If you think that you were suspended unfairly, your lawyer can tell you about your school district’s laws. They can also speak for you during any of the meetings or hearings that you might need to attend.
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