What is an expulsion?An expulsion is an exclusion for more than ten school days in a row (five days in Philadelphia) and possibly a permanent removal, from school. What can my school expel me for?Look in your school’s Code of Student Conduct to find the offenses that could lead to expulsion from school. What procedures does the school have to follow if it wants to expel me?Before you can be expelled, the school must tell your parents by certified mail about the proposed expulsion and the reasons for it. You can’t be expelled without a formal hearing to decide your case. The school board or a committee of the school board holds the hearing. You can’t be expelled unless the majority of the school board votes for your expulsion. You can remain in your regular classes until they hold the formal hearing—unless it is decided at an informal hearing that you are a threat to the safety of the school.
What are my rights at a formal hearing?- You have the right to be represented by a lawyer;
- To have the hearing conducted in private unless you ask that it be public;
- To know the names of any witnesses against you and to get copies of their statements;
- To ask that any witnesses against you appear in person at the hearing and answer questions;
- To testify and present witnesses on your own behalf;
- To have a record of the hearing made and to buy a copy of it; and
- To appeal the decision to the appropriate court, usually within 30 days.
What happens to my right to receive an education if I'm expelled?If you are under 17 years old, you must be provided with some type of education. Your parents are responsible for finding another educational program for you after you are expelled. If they can’t do so within 30 days, they must tell the school district in writing. Then the school district must arrange for your continued education. The PA Code does not contain a list of offenses for which students can be suspended or expelled. To some extent, your principal (or person in charge of the school) has the power to decide what kind of punishment he or she administers for a particular offense. To protect your right to due process, the PA Code does spell out a process for suspensions and expulsions. Different procedures may apply if your principal feels that the health, safety or welfare of the school community is at risk because of your behavior. My school wants to impose a disciplinary transfer on me. What is this?Your school may transfer “disruptive” students to a special disciplinary school or alternative education program. Before they can transfer you, you have the following rights: If you are a threat to other students or to school property, however, the school can transfer you immediately. They still have to tell you the reasons for the transfer and hold the hearing as soon as possible after the transfer. Are school officials allowed to hit students as a punishment?In 2005, the State Board of Education amended the PA Code to prohibit the use of corporal punishment as a form of student discipline. But teachers or administrators may still use “reasonable force” to stop a disturbance, take a weapon or dangerous object from a student or protect people or property. Can my teacher lower my grade in her class as a form of punishment?No. Your grade can't be reduced for disciplinary reasons—unless your misconduct affected your work in the course. Can the school punish me for what I do when I'm not on school grounds?School officials can regulate your conduct any time you are under their supervision—which includes transportation to school and going on field trips. They can also probably punish you for things you do away from their supervision, if that behavior affects your conduct in school—or otherwise seriously disrupts the school. I got arrested for something I did away from the school grounds. Can I be suspended from school even if I haven't been convicted yet?An arrest is only an accusation. If school officials suspend you based on your arrest, they violate the basic idea that people are innocent until proven guilty. Your school, however, may hold a suspension hearing to decide if you’re guilty. Based on the hearing, it might suspend you even before your court trial. Talk to a lawyer before going to the school hearing, because what you say at the hearing can be used against you in your later court trial. | Type of Discipline | What is it? | Hearing | Your School Must | You have the right to | | In-School Suspension | - Students are excluded from regular classes, but still attend school.
| | Notify your parents/guardians in writing; Inform you of the reasons for the suspension; Conduct an informal hearing if suspension is more than ten days
| | | Out-of-School Suspension | | | Notify your parents/guardians in writing; Inform you of the reasons for the suspension and give you an opportunity to respond; Conduct an informal hearing if suspension is more than two days
| | | Expulsion | | | Notify your parents/guardians in writing; Conduct a formal hearing within five days; Allow you to stay in your normal class until the hearing; Make provisions for alternative education if you are under 17 and your parents/guardians are not able to do so.
| Have a lawyer at your hearing; Produce witnesses on your behalf; See the names of witnesses and testimony against you; Appeal to the Federal District Court, if your constitutional rights have been violated.
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* An informal hearing is conducted and decided by the principal; you do not have a right to have a lawyer present at an informal hearing. A formal hearing is conducted and decided by the Board of Education for your school district; you do have the right to bring a lawyer to a formal hearing.
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