What is a suspension?
Under 22 Pa. Code § 12.6, a suspension is a form of exclusion from school for a period between 1 to 10 consecutive school days.[i] The school board is responsible for defining and publishing offenses that would lead to an exclusion such as a suspension. Despite the board’s ability to define what offenses shall be punishable by suspension, they are still required to fulfill regulations set forth in 22 Pa. Code § 12.6 and § 12.8.
What rights does my child have?
A student cannot be suspended until they have been notified of the reason(s) for the suspension and given the opportunity to respond.[ii] The only situation in which notice of the intended suspension is not required is if there is a clear threat to the health, safety or welfare of the community.[iii]
When the suspension is for more than 3 days, the student and their parent or guardian must be given the opportunity to attend an informal hearing.[iv]
What is an informal hearing?
The purpose of an informal hearing is to allow the student to meet with school officials to explain the circumstances of the incident the student is being suspended for, provide relevant information regarding the incident, and/or to demonstrate why they should not be suspended.[v] Relevant information may include written reports, evaluations, or witness statements.
Due process requirements of the informal hearing, under 22 Pa. Code § 12.8, include: (1) written notice of the reasons for the suspension; (2) sufficient notice of the time and place of the informal hearing; (3) the student’s right to question any witnesses present at the informal hearing; (4) the student’s right to produce witnesses or speak on their own behalf; and (5) the school must offer to hold the informal hearing within the first 5 days of the suspension.[vi]
What should I do if my child goes to an informal hearing?
- Gather as much information as you can from the school.
- Ask questions. What happened? Where did it happen? Who was involved? What evidence does the school have?
- Privately talk to your child openly and honestly about the incident so you are aware of the full story from your child’s perspective.
- Determine if there are any mitigating factors involved.
- Refer to 22 Pa. Code § 12.6 or 12.8 for more information on what to expect.
- Seek legal counsel. While there is no right to be represented by counsel for an informal hearing (unlike in a formal hearing), seeking legal counsel can be extremely helpful. Legal counsel can offer guidance, legal advice, and ensure your student’s due process rights are preserved.
How can we help?
Navigating school discipline issues and proceedings can feel daunting. We represent students facing discipline in K – 12 schools and in higher education. We assist our clients with issues such as suspensions, expulsions, and other disciplinary actions. We work to guide and advise you through the disciplinary process, defend your student, and ensure their rights are protected. If you would like to reach out to us, please contact us here. We look forward to working with you.
The information within this article is not, nor is it intended to be, legal advice. Please consult an attorney for individual advice regarding your personal situation.
[i] 22 Pa. Code § 12.6(b)(1).
[ii] 22 Pa. Code § 12.6(b)(1)(ii).
[iii] Id.
[iv] 22 Pa. Code § 12.6(b)(1)(iv).
[v] 22 Pa. Code § 12.8(c) and § 12.8(c)(1).
[vi] 22 Pa. Code § 12.8(c)(2)(i)-(v).