All schools have disciplinary methods in place in the event that students violate the code of conduct. There are some cases in which the violation is so serious that it may call for an expulsion. These are serious matters, as it can impact a student’s record and their educational opportunities in the future. It is because of this that if your child is expelled, it is important to learn the ins and outs of the expulsion process so that you can defend your child. This can be done with the help and guidance of an experienced Pennsylvania student rights attorney.
What is Expulsion?
In the state of Pennsylvania, expulsion is defined as a student’s removal from his or her school for more than 10 consecutive days as a result of the student’s violation of the code of conduct. It is important to note that, contrary to popular belief, this means expulsion is not always permanent. It is possible for a student to be expelled for a period of time, such as one year or one semester, before being allowed to return the following year.
When dealing with expulsion, parents must remember that children under the age of 17 in Pennsylvania are required to continue receiving their education. This may result in the need to educate the student through homeschooling or other schooling options. In doing so, the school district must be informed in writing so they can provide an instructor for the child to receive a proper education.
What is the Expulsion Process?
Before a child can be expelled, the school must hold a formal hearing. This takes place before the school board, a committee, or a board-appointed hearing officer. It is required for the school to provide notice of the expulsion hearing for three days beforehand. In the event that you want to reschedule the hearing, you must have a good reason. Before attending the hearing, it is important to keep the following in mind:
- An accomplished attorney can defend your child at the hearing
- The hearing must be recorded by the host
- Bring information that may explain a reason for the child’s behavior. This can include a letter from a child therapist or a witness with another point of view.
- If the child has an intellectual disability, they may not be suspended or expelled without your agreement, the approval of the state Department of Education, or an order from a judge/hearing officer
- If the hearing results in expulsion, you can file an appeal within 30 days at the Court of Common Pleas
Contact our Firm
Anderson, Converse & Fennick is an experienced law firm in York County, Pennsylvania focusing on Education Law, Family Law, Estate Planning, and Civil Litigation matters. If you need a knowledgeable attorney that will effectively represent your interests, contact Anderson, Converse & Fennick today.