School Suspension Law

Know Your Rights About School Suspensions

Even before a brief suspension, students' rights to due process must be upheld. Parents and kids should be aware that a student has constitutional rights that must be respected before the sanction is applied. That's where Your School Attorney comes in.

Suspension from school constitutes both a denial of rights and freedom. A student's liberty interest in reputation is at stake when they are suspended, and this interest cannot be violated without following the correct procedures. 

However, school officials may use informal methods to fulfill the notice and hearing obligations in the case of a brief suspension. Most of the time, the disciplinarian and the student may have a casual conversation about the suspected wrongdoing right away.

Longer Suspensions or Expulsions

In such circumstances, the Court usually decides not to mandate a formal hearing with the right to an attorney. However, it is possible that the court will demand that a due process hearing include not only the right to counsel but also the right to confront and cross-examine witnesses who support the charge as well as the right to call the student's own witnesses to support his version of events. This would only apply to suspensions that last longer than 10 days and expulsions.

When to Contact an Attorney

A school law attorney can inform you of your legal rights if you or your kid feels that the student has been denied due process. If at all practicable, you should retain legal advice if you are aware that you have the right to counsel in relation to a disciplinary action. A student punishment hearing should be a fair battle because the school system will have its own legal representation.