Appeal an Unfair Suspension or Expulsion

If your child ends up being suspended or expelled as a result of their involvement in an incident at school, they have legal rights, including the right to due process, and are entitled to a hearing at which you can challenge the disciplinary action. Many school districts also provide the opportunity to appeal an unfair suspension or expulsion to the school board. Take action quickly to defend your child and avoid the action appearing on their permanent record.

Steps

Evaluating the Notice of Misconduct

1. Receive the notice from the school. If your child is suspended or expelled, the school must send a written notice home that describes specifically the charges against the child as well as the date, time, and location of any hearing or conference with the principal.
   • The notice must include the date of the incident that led to the disciplinary action and describe the incident in sufficient detail that the child can recognize and understand why they were suspended or expelled.
   • The notice also must contain information about the initial hearing – typically an informal conference with the principal – and the process for appeal.
   • If the school district's rules require you to request a conference, your notice also will describe the process for requesting a conference and the deadline by which you must submit such a request.
2. Discuss the matter with your child. Find out what happened from your child's point of view, as well as what he or she was told by teachers or administrators who made the suspension or expulsion decision.
   • Listen carefully and try to get a good understanding of what happened. If your child was injured, take pictures of those injuries for evidence as soon as possible after they happened.
   • If your child has special needs, you have the right to request behavioral screenings and tests to determine whether the behavior was related to the child's disability.
3. Read the school's code of conduct. Schools must publish a written code of conduct and make them available to all students. The code must specify the disciplinary procedures and which violations may result in suspension or expulsion.
   • Make sure the incident for which your child is being suspended or expelled is actually listed in the school's code of conduct as an offense punishable by suspension or expulsion. Otherwise, you may argue that the child had no way of knowing suspension or expulsion was possible.
   • The school's handbook also typically includes important information about the process when a child is suspended or expelled. Read this information carefully and call the school if you have any questions about the procedure.
   • The penalty for some offenses is automatic suspension or expulsion. If your child is accused of one of these offenses, there typically aren't any alternatives available – if your child committed the offense, he or she must face the mandatory penalty.
   • However, most school districts view suspension or expulsion as an absolute last resort for more minor offenses.
   • If your child has been suspended or expelled for a relatively minor offense, he or she likely has been disciplined for the same or similar violations of school rules on several occasions.
4. Talk to your child's teacher. After you've spoken with your child and understand the rules he or she was charged with violating, make an appointment to meet with the teacher or school official who suspended or expelled your child to find out more about the reason for the disciplinary action.
   • Your child's teacher spends the most time with them in the school setting, and can provide some valuable insight on the situation preceding the incident as well as the suspension or expulsion decision.
   • In some cases, the teacher may even be on your child's side, and willing to testify on his or her behalf at your conference with the principal or in a subsequent appeal, should that become necessary.
   • The teacher also may have alternatives they believe would be more beneficial to your child than suspension or expulsion, and can testify that despite any problems it's in your child's best interests to remain in school.
   • When you meet with your child's teacher, you have the right to request a copy of your child's disciplinary record. Make an effort to get these documents before your conference with the principal so you have full knowledge of your child's disciplinary history at school.

Attending the Informal Conference

1. Request a conference with the principal. A student who has been suspended or expelled has the right to a conference with the principal to challenge the disciplinary action. Some schools may schedule these conferences automatically, while others require you to request one.
   • In some school districts, only the principal or vice principal has the authority to suspend or expel a student. If this is the rule at your child's school, the conference with the principal typically is mandatory.
   • You and your child do not have the right to be represented by an attorney at the conference with the principal. However, if you've talked to someone and want them to appear, you typically can call the principal's office and find out if an attorney is allowed.
2. Gather information about the incident or event. Prepare for the conference by learning as much as possible about what happened, including the events surrounding the specific incident that led to your child's suspension or expulsion.
   • Review your child's permanent record as well as any other documents or information provided to you by the school regarding the incident or event that led to your child's suspension or expulsion.
   • If video or photos exist, either of the incident or event itself or of your child immediately after the incident, get copies of those and evaluate whether they support your child's defense.
3. Talk to teachers and other witnesses. If it seems to you that the suspension or expulsion is unfair to your child, it's probable there are others who feel the same way. You may be able to get teachers or other students who witnessed the incident to testify on your child's behalf.
   • If witnesses have information that supports your child's side of the story, have them produce a written account. You may be able to show these statements to the principal even if witnesses aren't allowed at the conference.
   • You also should think about getting character witnesses for your child. Church or community leaders who've worked with your child may be able to provide excellent character references.
   • If your child has special needs, consider getting a statement from his or her doctor or psychiatrist – especially if the behavior that caused the suspension or expulsion is potentially related to his or her disability.
4. Appear at the date, time, and location listed on the notice. If you want to defend your child against an unfair suspension or expulsion, it is imperative that you first show up for the informal conference with the principal. You typically aren't able to appeal that decision if you don't attend this initial hearing.
   • Wear professional clothing for the conference, and ensure your child is dressed appropriately as well. Neither of you have to wear a suit, but your clothes should be neat and clean.
   • Tell your child to avoid torn jeans or graphic T-shirts with slogans or images that might be offensive. If the school has a uniform, your child should wear it, even if they're not attending school that day.
   • When you meet the principal, treat him or her with respect. You may want to make a statement before the conference begins to the effect that you and your child appreciate the gravity of the situation, and that you only want to do what is in your child's best interests.
5. Listen to the school's case. Typically the principal will first explain the incident that prompted disciplinary action and present the evidence in favor of suspending or expelling your child. Depending on the circumstances of the incident, there may be other school officials or teachers present.
   • Keep in mind that this is an informal conference, typically taking place in the principal's office. You aren't going to have to follow the same rules of evidence and procedure that you would in a more formal court setting.
   • However, don't take the informality to mean you can treat the situation casually. Treat all school officials, especially the principal, with courtesy and respect. Listen when others are speaking, and don't interrupt.
6. Present evidence on behalf of your child. After the principal is done, you will have the chance to speak on behalf of your child in an effort to prove that the suspension or expulsion is unfair. Depending on the rules of your school district, you may have the right to introduce evidence or call witnesses.
   • Your child has the right to remain silent, both in the conference and any appeal hearing. This can be important if there is a possibility your child will face criminal charges for his or her involvement in the incident.
   • Typically if your child does decide to speak in his or her own behalf, anything said cannot be used in any other proceeding, including in juvenile court proceedings. Any statements made, by your child or anyone else, can only be used in proceedings related to that particular disciplinary action.
   • If the principal interrupts you to ask a question at any time while you're speaking, stop and answer the question before moving on and finishing your point. If you want to show photos or a statement someone has written on your child's behalf, it's polite to first ask the principal if he or she is willing to look at it – don't just shove something in front of the principal's face.
   • Avoid arguing with the principal or any other school officials who might be present, and refrain from making personal remarks or insults. This attitude won't endear you to the principal, nor will it do your child any favors.
7. Receive the principal's decision. After discussing the matter with you, the principal will decide whether the suspension or expulsion is appropriate in light of all evidence and circumstances. Typically they'll let you know their decision right away, then send a written notification.
   • Try to remain calm, regardless of what the principal's decision is. If you believe strongly that your child should not be suspended or expelled, it can be easy to boil over if the principal announces that the suspension or expulsion will be upheld.
   • You may want to ask the principal what motivated his or her decision, or to point out any particular facts that were most important. You can use this information in your appeal.
   • Before you leave the principal's office, get an understanding of the time frame and procedure for appealing the decision so you know what to do next.

Appealing to the Board

1. Submit a written request. Typically you must request an appeal of the school's suspension or expulsion decision in writing within a few days of your conference with the principal. Each school district has its own procedures, which will be explained to you when you receive written notification of the outcome of the conference.
   • Even if your child has already served out his or her suspension or expulsion, you should consider appealing the suspension or expulsion if you believe it was unfair. While the school board can't undo a suspension or expulsion that's already happened, they can have it removed from your child's permanent record.
   • Your district may have a form to fill out to request an appeal, or you may have to write a letter. The notice should tell you the specific information that must be included in the letter.
   • At a minimum, your request should include your child's name, the name of the school, and the date and other pertinent information about the suspension or expulsion, including the offense with which your child was charged.
   • You may want to make a copy of the suspension or expulsion notice you received and include that with your appeal.
   • Make a copy of your letter or request form before you send it so you have it for your records. You probably want to send it using certified mail with returned receipt requested, so you'll know when your request was received.
   • The school board will send you a notice in reply that provides information on the date, time, and location of the appeals hearing. This notice also will include important information about your child's rights, and may explain the appeals process in further detail.
2. Organize your evidence and information. Typically you'll be presenting evidence and witnesses under rules and procedures that are similar, if less formal, than those in court. Being prepared and well-organized can help your child's case by giving the board members a good impression.
   • Since you often have the right to call witnesses, contact anyone who previously gave you information that supported your child's cause and ask if they would be willing to attend the hearing and testify.
   • If you do plan to call witnesses, get together with them at least once before the hearing is scheduled to go over the questions you'll ask as well as questions they might be asked on cross-examination by school officials.
   • Make notes or an outline of the points you want to make in your child's defense and the order in which you plan to present them. This way if a board member asks you a question or you get off track, you can refer to your notes and quickly return to the points you wanted to make.
3. Consider hiring an attorney. Most school districts allow parents and students to be represented by counsel on appeal, and at this stage an experienced education attorney may be best able to protect your child's interests.
   • Keep in mind that even a short-term attention that appears on your child's permanent record can negatively affect his or her future, including college admissions.
   • The website of your state or local bar association is a good place to begin your search for an attorney. They typically have a searchable directory of attorneys licensed to practice in your area.
   • Look for an attorney who specializes in education law and has experience representing children in suspension or expulsion hearings.
4. Appear at the scheduled date and time. In response to your written request, the school board will send you a notice listing the date, time, and location of the appeals hearing. Make sure both you and your child are available and able to attend this hearing.
   • As with your conference with the principal, you want to wear neat, clean, professional attire – and encourage your child to do the same.
   • If you've brought witnesses, you may want to meet with them at a nearby location prior to the hearing so you can go over their testimony one more time and arrive at the hearing together.
   • When you arrive at the hearing room, the board members who will be hearing your appeal likely will introduce themselves and explain the proceeding in greater detail, including rules for introducing evidence or calling witnesses.
   • Pay attention to any introductory remarks, and don't be afraid to ask questions if there's something you don't understand.
5. Present your arguments and evidence. Since you filed the appeal, you may have the first opportunity to introduce evidence and make your argument that your child's suspension or expulsion was unfair.
   • Following your notes, present your case in an orderly fashion. Speak in a loud and clear voice so everyone can hear you.
   • If a board member asks you a question, stop speaking and answer it immediately. Don't resume your presentation until the board member indicates that he or she is satisfied with your response.
   • If you've hired an attorney, he or she may call you to the stand to testify on behalf of your child. Apply the same rules of conduct to yourself as a witness as you would if you were carrying the appeal yourself without benefit of counsel.
   • Focus on the reasons suspension or expulsion is unfair to your child, rather than attempting to argue your child's role in the incident or whether he or she violated the school's rules.
   • If your child has special needs, you may want to call the child's doctor or psychiatrist to testify as to the unfairness of suspending or expelling the child, and the problems it would cause or is causing for the child's health and well-being.
6. Listen to the school's defense of the decision. After you've presented your argument, the school will have the opportunity to prove the suspension or expulsion was fair under the circumstances and the decision of the original hearing officer was correct.
   • Avoid interrupting or shouting out while school officials are speaking. Keep in mind that you had your chance to present your case, and now the other side must have an equal opportunity.
   • If you disrupt or distract from the proceedings, it may reflect poorly on your child as well as the state of your appeal.
   • If the school calls any witnesses, you typically will have the opportunity to ask them questions yourself through cross-examination. Pay attention while the witness is talking, and take notes on anything you want to question him or her about further.
7. Receive the board's decision. After hearing both sides, the school board will make its determination as to whether the suspension or expulsion was fair and the decision of the initial hearing officer was correct.
   • The board may let you know the decision at the end of the hearing, or may discuss it among themselves before issuing a decision. Regardless, you'll receive a written notice of the board's findings and decision.
   • If the school board does not rule in your child's favor, you may have the ability to appeal the decision to the state school board, or to a county court. You'll get information about the appeals process with your written notification of the board's decision.

Quick Summary

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