should i get an attorney when my son facing expelled from high school

by Loren Hahn 8 min read

The school board will ultimately have to vote to expel. Your son does have a right to an attorney for that hearing. More importantly, an expulsion hearing must trigger a delinquency hearing as well.

Full Answer

Why hire a lawyer for your child’s School Expulsion case?

Dec 09, 2021 · Top Five Things to Do if Your Child is Suspended. Get the facts. Talk to your child to determine exactly what happened. …. Meet with school officials. …. Ensure the educational progress of your child. …. Know your rights if your child is a special education student. …. Seek assistance from an experienced education attorney.

Can my child face criminal charges for getting expelled from school?

If your child is facing expulsion, I would encourage you to speak with a lawyer who specializes in school law. You could also speak with someone in the Department of Education for your state about what the specific laws are. ) After the Phone Call: …

Do I need an attorney for my child’s school suspension hearing?

Apr 30, 2008 · my son is being expelled from high school due to charges of indecency @ school premises just a few weeks before graduation. The public high school is not letting him to graduate. what legal rights we have to stop school from doing that. Please give us helpful advise. neal65, Apr 30, 2008.

Can I bring a lawyer to a private school expulsion meeting?

If your child is facing suspension or expulsion, you should seek assistance from an experienced education attorney before your child serves the suspension or as soon as possible. An education attorney will: Explore dismissal of the action. Request that the school assign alternative punishments. Ensure accurate educational records.

How do you fight a school expulsion?

Appealing an Expulsion Decision (Education Code 48919) You can continue fighting the expulsion. Under California Education Code Section 48919, a student who is expelled from school (or their parent or legal guardian) can appeal the decision with the county board of education. You have 30 days to file an appeal.Feb 17, 2017

What do I do if my teenager is expelled from school?

Before Your Child is ExpelledConsider Contacting an Attorney. ... Seek Emotional or Behavioral Support. ... Learn Your State Discipline Laws. ... Get a Student Handbook. ... If Your Child Has a Disability, Understand Their Rights. ... Prepare for the Hearing Process. ... Explore Learning Options. ... Understand All Terms of Expulsion.More items...•May 3, 2020

What happens when your child gets expelled?

Expulsion: An expulsion, on the other hand, is a more serious consequence. Your child is basically removed from the school rosters and not allowed to attend school or school-related activities for a much longer period of time (a year or more).

What is the difference between expulsion and expelled?

Suspension is temporary: you're taken out of school for a set length of time. Expulsion (being expelled) is permanent, and you'll have to go to a new school. Exclusion is a general term covering both suspension and expulsion. Most of the time, the word 'exclusion' will be used officially.

What is the difference between suspended and expelled?

What is the difference between suspension and expulsion? The main difference between suspension and expulsion is the amount of time a student must stay out of school. A suspension can only last for up to ten days. An expulsion can last for up to one year.

Is being expelled permanent?

Expulsion refers to a permanent removal of a student from his or her regular educational setting due to a violation of serious schools rules or policies. The length and reason for expulsion vary by state and school district.

Why would a kid get expelled from school?

Under California Education Code 48900,3 your child can be expelled for committing or attempting to commit certain offenses. A student is in violation of Education Code Section 48900 when he/she: Caused or threatened to cause physical injury to another person.

How many absences are allowed in a school year before court?

A truant is defined as a student who has has 4 unexcused absences from school in one month (30 consecutive calendar days) or 10 unexcused absences in one school year. If a student becomes truant, their school is required to have a meeting with the student's parent/ guardian within 10 school days.

Why students should not be expelled from school?

Research shows students who are expelled have a higher future risk of engaging in criminal and anti-social behaviour, or consuming drugs. Excluded young people also have lower odds of a stable, happy and productive adult life.Apr 4, 2018

What happens if you are expelled from college?

EXPULSION. If you have been expelled, you still have the same concerns that someone who has been suspended has about what's on your transcript and what educational records the school has. You will need to apply to a new school to get your undergraduate degree.

What are the consequences of being expelled?

A recent study shows that suspension or expulsion from school increases a student’s chance of being arrested within the same month. If your child is excluded from access to education, he or she has a higher likelihood of incarceration and unemployment.

How do you get back into school after being kicked out?

Students may meet with admissions counselors, attend public colleges with open enrollment or apply for academic renewal to get back into school after failing out.

Is getting expelled bad?

Exclusion (also called expulsion in NSW and Victoria) is either for a set period or permanently. … Research shows students who are expelled have a higher future risk of engaging in criminal and anti-social behaviour, or consuming drugs.

Can a child be expelled from primary school?

According to Government statistics, the top reasons for children to be excluded from primary school, either on a fixed term or permanent basis, are: Persistent disruptive behaviour. Physical assault against an adult. Physical assault against a pupil.

What happens if a kid gets expelled?

Expulsion: An expulsion, on the other hand, is a more serious consequence. Your child is basically removed from the school rosters and not allowed to attend school or school-related activities for a much longer period of time (a year or more).

Is being expelled permanent?

Expulsion refers to a permanent removal of a student from his or her regular educational setting due to a violation of serious schools rules or policies. The length and reason for expulsion vary by state and school district.

Can you still get financial aid if you drop out?

You may not be able to get your financial aid back if you withdraw or quit school. … If your school determined you were not making satisfactory academic progress due to your enrollment status, you must appeal the decision and work with the board to show you can make their required changes.

What does it mean when a child is expelled from school?

A child is expelled from school when they are no longer allowed to attend a school for a much longer period of time, often a year or more. Many people believe that expulsion means that a child will no longer be allowed to attend a school ever, but for most public schools, this isn't true. Generally, after a very long period of time, ...

What is the right to a fair hearing before being expelled?

Federal laws state that your child has a right to a fair hearing before being expelled. 3  This process varies between states and school districts. What this process should include is a chance for the school's and your child's side of the story to be heard.

How long can a child be suspended from school?

School suspensions are often a short-term discipline action where a child may not sit in the regular classroom for ten days or less. Suspension may be in school, where the child goes to a designated room and is supervised. During out of school suspension a child may not be physically present at the school.

How long do you have to be expelled from school for bringing a gun?

Under the federal Gun-Free Schools Act, any student who brings a gun to school must be expelled for a minimum of one full year. 1  Many states have laws requiring expulsion for bringing other weapons, such as knives, to school.

What is the most serious disciplinary action a school can take?

Since expulsion is the most serious disciplinary action that a school can take, it is seen as a last resort punishment by the school. In public schools, it is reserved for the most serious behaviors. Public schools have a responsibility to provide an education to the children living within their boundaries.

What is the reason for expulsion?

The incident and behavior that is leading to an expulsion could be the notice you need to address a problem your child is experiencing. If your child was caught with drugs at school, you may want to get a substance abuse evaluation. If your child is experiencing problems with fighting, they may be having emotional issues that require intervention.

What to do if you receive a phone call from your child's school?

If you have received a phone call from your child's school about your child's behavior , you will want to be clear if your child is facing expulsion or a suspension. The length and severity of the two disciplinary actions require different steps to be taken by parents for the best outcome.

What happens if your child is expelled from school?

If your child is expelled and does not find another school to attend, your child could face difficulty finding a job as a result of not finishing high school. Expulsion from school can result in your child being expelled from the entire school district.

What does an attorney do for a child expulsion hearing?

An attorney will organize your child’s defense for your child’s school expulsion hearing and deliver a strong argument on why your child should not be expelled.

What can a hearing officer do?

The hearing officer or panel may do 3 things: Recommend expulsion (includes being barred from attending any school in the district), Suspend expulsion for up to a year, during which the student must abide by all rules, or. Reinstate the student fully with no further consequences.

How long does it take to appeal a school expulsion?

School expulsion court of appeal. If your child is expelled from school, you may file an appeal with the county board of education within 30 days after the school board’s decision. The review by the county board of education of the school board’s decision shall be limited to the following questions:

How long before a hearing can you be expelled?

The student has a right to request in writing at least 5 days before the scheduled hearing that the hearing be conducted at a public meeting. Whether the hearing is conducted in private or public, the governing board will meet in private after the hearing to decide whether the student should be expelled.

What does it mean to possess an imitation firearm?

Possessed an imitation firearm, which means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. Committed or attempted to commit a sexual assault or committed a sexual battery.

What is hazing in school?

Harassed, threatened, or intimidated a student who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both. Engaged in, or attempted to engage in, hazing.

What is an out of school suspension?

Out-of-School Suspension (OSS): An out-of-school suspension is usually a number of days when your child is not allowed to go to school, be on school grounds nor attend any school functions.

What is an expulsion hearing?

While suspensions are usually instituted by the principal or vice principals of a school, an expulsion is a process that involves going before the school board or other educational administrative personnel for a hearing. It would be determined at this hearing whether or not your child will be expelled. Your child would also be allowed legal ...

How long does it take for an IEP to be suspended?

Another thing that has to happen when a child who has an IEP is suspended for more than 10 days (total, not necessarily consecutive) is a Manifestation Determination meeting has to be scheduled.

What happens if a child is not home alone?

If your child is not of an age where he can stay home alone, you will need to come up with some sort of plan for having him supervised during the day. Expulsion: An expulsion, on the other hand, is a more serious consequence. Your child is basically removed from the school rosters and not allowed to attend school or school-related activities ...

Who is Denise Rowden?

Denise Rowden is a parent of two adult children and has been a parenting coach since 2010. She has worked in Special Education, Alternative Education and adolescent group homes. She has a BS in Psychology from the University of Southern Maine and is currently working on her Life Coach certification from the International Coach Federation.

Can a child be removed from school?

Your child is basically removed from the school rosters and not allowed to attend school or school-related activities for a much longer period of time (a year or more). Sometimes, this may also include not being allowed on school property for any reason, even to attend a sibling’s sporting event, concert or graduation.

Can you take your child's privileges away?

While you don’t want this time off from school to be a vacation, taking away all of your child’s privileges isn’t going to teach him more. Instead, you might consider having him earn his privileges each day by doing any school work that may have been sent home, having him work on any past-due work he owes, or having him work on chores during ...

presutin Moderator

I am confused - what happened to the suspension? It usually comes before the expelling...

irish223 Moderator

I am confused - what happened to the suspension? It usually comes before the expelling...

CdwJava Moderator

Each state might have slightly different procedures for this. But, if he is being expelled, I suspect there was something more than just "kissing/cuddling" going on.

CdwJava Moderator

In my state, it is not uncommon to expel one who is 18 or older for certain offenses as they can usually obtain a GED or attend adult ed programs to complete their education. I suspect this was not the youth's first offense.

What to do if your child is suspended from school?

If your child is suspended from school, these suggestions will help you protect his/her rights: 1. Get the facts. Talk to your child to determine exactly what happened. Immediately contact the school and request all school records regarding the charges and incident.

How to help a child who is suspended?

Seek assistance from an experienced education attorney. If your child is facing suspension or expulsion, you should seek assistance from an experienced education attorney before your child serves the suspension or as soon as possible. An education attorney will: Explore dismissal of the action. Request that the school assign alternative punishments.

What is an informal hearing in school?

Prior to imposing a suspension, school administrators must inform the student of the reasons for the disciplinary action and give him/her an opportunity to explain the situation (referred to as an informal hearing). Unless an emergency exists, this informal hearing must be held before the suspension is imposed.

How to help a child with social issues?

Ensure that your child is taking responsibility for his/her actions. Inquire about any opportunities or services that may help your child, such as counseling or other types of social, educational, or health services. 3. Ensure the educational progress of your child.

How long can a special education student be suspended?

Students have the right to due process before being suspended for more than ten (10) days or expelled.

How to determine the length of a suspension?

In determining the length of any suspension, the administration may consider evidence of past disciplinary problems, such as removal, suspension, or expulsion. Try to determine what rule your child broke that led to the suspension. 2. Meet with school officials.

Can a child make up assignments he missed?

Your child has the right to make up any assignments he/she missed during the period of suspension, including examinations. It is important to make sure that your child does not fall behind and is not harmed academically from the suspension.

What happens if your son is expelled from school?

If your son is expelled from one school in the county, he most likely would not be accepted by another school in the same county school system. Also, in many states, other school districts will uphold the expulsion, so your son would have to serve his time before being allowed to attend school in another county/district. You might want to consider hiring an attorney to advocate on your son's behalf at the expulsion hearing in hopes of having the punishment reduced to time at an alternative center, etc.#N#More

Can a school district have a voluntary withdrawal?

A voluntary withdrawal will not operate to avoid an expulsion hearing. A school district can proceed on a student expulsion hearing even after the student has withdrawn, so long as all due process regarding the expulsion is followed (notice, right to formal hearing, etc.).