What Is An Expulsion?
An expulsion is an exclusion from school for longer than 10 consecutive school days.[i] If your child is facing this situation, an experienced school expulsion attorney in Philadelphia or juvenile attorney can help protect their rights.
What Rights Does My Child Have?
Students facing a possible expulsion are entitled to a formal hearing and may retain legal counsel. Typically, the formal hearing will be held during the period of suspension. If it is not possible to hold a formal hearing within the period of a suspension, the student will remain in normal classes prior to the hearing and decision.[ii]
However, if the student is determined to be a threat to the health, safety, or welfare of others and the formal hearing is not able to be conducted during the suspension period, then the student may be excluded for more than 10 days.[iii] In this instance, the student may not be excluded for more than 15 school days unless mutually agreed upon by the parties.[iv]
What Does a Formal Hearing Entail?
By law, the following due process requirements are to be observed in expulsion actions:
1. Written notification of the charges sent to the parents or guardians.
2. At least 3 days’ notice of the time and place of the hearing, a copy of the expulsion policy, notice that legal counsel may represent the student, and hearing procedures must be provided.
3. The hearing will be held in private absent a request for a public hearing by the student or parent.
4. The student may have legal representation at the parents or guardian’s expense. Parents or guardians may attend the hearing.
5. The student has the right to be provided with the names of witnesses against the student and copies of the statements of those witnesses.
6. The student may request the witnesses be present at the hearing and answer questions or be cross-examined.
7. The student has the right to testify and present witnesses on their own behalf.
8. The hearing will be recorded or transcribed. The student is entitled to a copy at the student’s expense. If the student is indigent, a copy will be provided at no cost.
9. The hearing shall be held within 15 days of the notification of the charges. If both parties agree, the hearing can be delayed.
10. Notice of a right to appeal the results of the hearing shall be provided to the student with the expulsion decision.[v]
An experienced student rights attorney can guide you and your child through this process, ensuring all rights are fully protected.
Is An Expulsion Permanent?
An expulsion is not always permanent. Depending on the circumstances, a student may be expelled for the remainder of a school year, through the subsequent school year, or permanently. The duration of an expulsion is included in the formal hearing decision. Regardless of the duration, an expulsion will remain on a student’s record permanently.
Do I Need To Hire An Attorney If My Child Is Facing Possible Expulsion?
Although retaining legal counsel is not required during an expulsion action, it is strongly recommended. A child lawyer or education law attorney can guide you through the disciplinary process and help your student in developing a more effective legal defense and strategy.
How Can Cherkas Metcalfe Law Help?
Navigating school discipline issues and proceedings can feel overwhelming. Cherkas Metcalfe Law specializes in working with students facing expulsion in kindergarten through 12th grade and in higher education. Our team of child advocates, family advocates, and student rights attorneys is committed to ensuring your child’s rights are protected.
If you would like to discuss your situation with a juvenile attorney or Philadelphia school exclusion lawyer, please contact Cherkas Metcalfe Law today. We look forward to working with you.
Frequently Asked Questions: Exclusions from School and How an Expulsion Lawyer Can Help
What is an education lawyer, and how can they help my child?
Education lawyers at Cherkas Metcalfe Law specialize in school law and student rights. We can guide you through disciplinary actions, including suspensions and expulsions, ensuring that your child’s rights are protected in public, private, or charter schools.
What rights do students have when facing a school expulsion?
Students have the right to a formal hearing, legal representation, notice of charges, and the ability to present evidence and witnesses. An student expulsion lawyer at Cherkas Metcalfe Law can help ensure these rights are fully respected.
Do I need a lawyer for a formal school hearing?
While not legally required, hiring a student rights attorney is strongly recommended. A school exclusion lawyer at Cherkas Metcalfe Law can help you understand the hearing process, prepare legal arguments, and help protect your child’s educational record.
How can a student rights attorney protect my child in public schools?
At Cherkas Metcalfe Law, a student rights attorney ensures schools follow proper procedures and federal and state education laws. We help prevent unfair disciplinary actions, protect civil rights, and advocate for special education services and/or accommodations under special education law if needed.
Can an education law attorney help with special education issues?
Yes. At Cherkas Metcalfe Law, education law attorneys and special education advocates can assist with IEPs (Individualized Education Programs), 504 plans, manifestation determination reviews, and compliance with the Individuals with Disabilities Education Act (IDEA) and Section 504. They can help prevent and remedy unlawful exclusions on the basis of disability and support your child’s unique needs.
How do Pennsylvania education laws protect students from unfair disciplinary actions?
Pennsylvania requires due process in disciplinary actions, including proper notice, hearings, and appeal rights. Education lawyers help families navigate laws to prevent violations of students’ rights.
What is the difference between an expulsion and a suspension?
A suspension temporarily removes a student from school, while an expulsion is a longer-term exclusion. Expulsion lawyers at Cherkas Metcalfe Law can guide your family through both processes and help appeal unfair decisions.
Can students appeal a school expulsion in Philadelphia?
Yes. Students and parents can appeal the decision made in a formal expulsion hearing. Philadelphia school discipline attorneys, such as Cherkas Metcalfe Law, can assist with filing appeals and representing your child in those proceedings.
How does Title IX or civil rights law apply to student disciplinary matters?
Title IX and civil rights laws protect students from discrimination based on sex, disability, or other protected categories. Philadelphia school discipline attorneys ensure schools follow these laws during disciplinary actions. Contact Cherkas Metcalfe Law for more information.
What should parents do if their child has special needs and is facing expulsion?
Parents should immediately contact a special education lawyer, such as our team of attorneys at Cherkas Metcalfe Law. We can represent your child in the manifestation determination review, help enforce IEPs and 504 accommodations, and ensure your child’s rights under the Individuals with Disabilities Education Act and Section 504 are upheld.
How can an education lawyer help with charter schools or private schools?
Education lawyers assist families with disciplinary or civil rights issues in charter and private schools, advocating for students and ensuring compliance with applicable laws and school policies.
What services do school exclusion attorneys provide for families in Philadelphia?
Philadelphia school exclusion lawyers, such as Cherkas Metcalfe Law, provide legal guidance, representation in hearings, assistance with special education and IEPs, civil rights advocacy, and support in expulsion or suspension cases for students of all ages.
If your student is facing a school expulsion or other disciplinary action, don’t navigate the process alone, schedule a consultation today. Contact the experienced Philadelphia school expulsion lawyers at Cherkas Metcalfe Law to discuss your child’s situation.
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)(2)
[ii] 22 Pa. Code § 12.6(b)(2)(c)
[iii] 22 Pa. Code § 12.6(b)(2)(d)
[iv] Id.
[v] 22 Pa. Code § 12.8(b)(1)-(10)