Schwartz, we represent children and adults who face suspension or expulsion from school or dismissal from an academic program. In some instances, disciplinary action is due to actions the student has taken; in other instances, it is the result of unfair application of rules or a simple unwillingness to try more reasonable means of discipline. Our Pleasanton, California, school suspension lawyers have extensive experience handling suspension and expulsion cases, including suspension from athletic programs. We advise students and parents of their legal rights and represent them in hearings and appeals before school boards, school administrations, or college departments.
The Connecticut Law on School Expulsions June 20, Under Section d of the Connecticut General Statutes, expulsion is an exclusion from school for a period of ten or more days.
As with suspension, a student can be expelled by the local or regional school board if his or her conduct 1 violates publicized policy; 2 seriously disrupts the educational process; or 3 endangers persons or property.
The local board can consider 1 whether the conduct happened close to the school; 2 whether other students or a gang were involved; 3 whether the conduct involved violence, threats, unlawful use of a weapon, and any injuries; and 4 whether the conduct involved the use of alcohol.
The Connecticut General Assembly enacted legislation mandating expulsion for students who have engaged in specific dangerous conduct. If a student possesses a firearm or another weapon while on school grounds or at a school-sponsored activity, the school must expel that student for no less than one calendar year under state and federal law.
Building on the federal law, the General Assembly requires mandatory expulsion for no less than one calendar year for a student in possession of a firearm, deadly weapon, dangerous instrument, or martial arts weapon while on school grounds, subject to exceptions on a case-by-case basis. Listed below are the definitions for each of the terms: Any weapon from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.
Any instrument capable of causing death or serious injury. A nunchaku, kama, kasari-fundo, octagon sai, tonfa, or Chinese star. The requirements for mandatory expulsion differ if the conduct occurred off school grounds. In such cases, the school must recommend expulsion for the student only if that student carries a pistol without a permit or uses a firearm, instrument, or weapon in the commission of a crime.
Moreover, the board must expel a student for at least one calendar year if the student is engaged in the sale or distribution on or off school grounds of a controlled substance, irrespective of the amount.
Drugs such as marijuana, cocaine, heroin, hallucinogenic substances would fall under this definition.
Parents should consult student handbooks for a more extensive list of prohibited controlled substances. The General Assembly has mandated that, unless there is an emergency, a student facing expulsion be entitled to a formal hearing in front of a hearing board within ten days after the proposed expulsion.
As with suspension, an emergency exists if the student facing expulsion poses an unwarranted danger to a person or property or such a serious disruption to the educational process that the school has to delay the hearing until after the suspension.
Since school expulsion is a more serious form of discipline, only local or regional school boards can make the decision to expel a student.
What can I do to prepare for the hearing? When the administration recommends a student for expulsion, the local or regional school board must provide parents with written notice within twenty-four hours detailing the date, time, a plain statement of the matters at hand, and a list of local free or reduced-fee legal services.
In addition, the board must provide all documentary evidence that the administration plans to use during the hearing. At the hearing, two issues will be decided: Under Section d, at least three members of the local board of education have to preside over the expulsion proceedings.
Alternatively, the school board can delegate the duty to an impartial hearing officer provided the officer is not a member of the appointing board. In both cases, neither the board members nor the hearing officer can discuss the case outside the hearing.
Should the administration elect to retain an attorney to represent it in proceedings, it cannot choose an attorney that represents both the local board of education and the administration.
Generally, the administration will begin the proceedings by laying out the underlying facts leading to expulsion. Then, both the administration and the student will have an opportunity to present evidence and cross-examine witnesses.
Following the presentation of evidence, the members of the board can ask both sides questions concerning the expulsion. Before the board makes a final decision on whether the student should be expelled, both sides can present additional arguments opposing or supporting the expulsion.
The hearing officer can recommend one of the following three results. First, they can decide not to expel the student, thereby allowing the child to return to school immediately after the hearing.
If the board adopts this recommendation, the child, for the duration of the expulsion, will be ineligible to attend any other schools within the district or participate in any on or off campus school activities. For instance, if a student has been expelled only once, the board has discretion to shorten or even waive the expulsion.After the review is conducted, the county board of education will make a decision to affirm it, reverse it or remand the case back to the school board.
Call the School Expulsion Attorneys at Wallin & Klarich. If your child has been expelled and you are looking to appeal the decision, you should speak to an experienced school expulsion lawyer. Defending Students in Expulsion Hearings. If your child is subject to a disciplinary action, you will receive a letter explaining that the principal of the child's school has recommended a change of placement or expulsion because of an alleged violation of the Code of Student Conduct.
Aug 19, · 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 85%(35).
Expulsion from school in Northern Ireland.
This starts from the date you received the expulsion letter. Your appeal must be made in writing and should state that you wish to appeal the decision to expel your child from school. If the school has not fully complied with the law or scheme the appeal . Formerly Volunteer Center Orange County vetconnexx.com 6 Appeal Letter to Volunteers – Sample #4 Source: Public Law Center Reprinted with permission.
You are a member of an extraordinary team, the team of Public Law Center volunteers. If the expelling authority decides to expel your child, they must explain in writing your right to appeal to the Expulsions Appeals Tribunal.
The EA in your region is required to make arrangements for suitable education for your child until they go to another school.