Suspensions and Expulsions

Students Have Rights

SUSPENSIONS

A suspension means a student is temporarily prohibited from going to school and receiving educational services. A student can be suspended from school for:

• Being deliberately disobedient or disorderly
• Being violent
• Having a gun or dangerous weapon on school grounds, or
• Having drugs (either for possession, selling or giving away)

As you can see, this is very broad. For more specific information, you should review your school's student code of conduct and suspension policies.

A suspension can be immediate. Before you are suspended, you have a right

1. to know what you are being accused of (the notice does not have to be in writing)
2. to know what evidence the school has, and
3. a right to be heard.

A suspension for 10 days or less is not a formal process. Example: The principal tells you that another student saw you with a beer. Then you tell the principal your side of the story. You are suspended for 3 days. Your rights have been protected.

The principal or another administrator chosen by the school board has the authority to suspend a student. The administrator decides how long the suspension will last. But, there is a time limit to how long a student can be suspended. You can only be suspended for a maximum of 10 consecutive days without having to go before the school board. If the suspension will be for more than 10 consecutive days, school board must act. The school board can suspend a student for more than 10 days or expel a student. Sometimes the school will not let a student come back until a meeting or a “risk assessment” happens. In either case, these procedures must take place within the 10 day limit.

The student must be able to return to school on the 11th day. There are 2 exceptions:

1. a school board hearing happens before the 11th day, or
2. there is an agreement between the student's parents or the student (if the student is emancipated or 18 years old) and the school administration.

If a meeting with the school, “risk assessment,” or a school board hearing is not completed within 10 days, the student has a right to go back to school on the 11th day. If the school won't let that happen, you should contact a lawyer.

What is a "risk assessment?"

Maine law does not talk about "risk assessments." A risk assessment is an evaluation by a mental health professional to see if the student is a danger to self or others. Because the school has concerns about the student’s behavior or mental health, it can be treated as a referral by the school for a special education assessment. In that case, the “risk assessment” is one evaluation under the special education process. Evaluations under special education are at no cost to the parent. This means a parent should not have to pay for the "risk assessment."

Read more about the additional rights of special ed students.

EXPULSIONS

An expulsion is very serious. An expulsion means that a student is prevented from going to school or being on school property at any time while the student is expelled. Expulsions are for indefinite periods of time. Expulsions also apply to all schools in Maine, so if a student is expelled from one school, he is expelled from every school in Maine. Unless the school district decides to give an expelled student educational instruction somewhere else besides the school building, the student will not be educated during the expulsion period. There is one big exception: students who receive special education services.

Students can be expelled for:

• Being deliberately disobedient or disorderly
• Being violent
• Having a gun or dangerous weapon on school grounds, or
• Having drugs (either for possession, selling or giving away)

Each school district must have a policy that addresses the students' standard of conduct. The policy must:

• define unacceptable behavior,
• have standards for a student's responsibility for her behavior,
• list the consequences,
• describe procedures for referring students in need of special education,
• list guidelines for when the school will contact the police about a student's behavior, and
• explain how a disruptive or violent student will be removed from school.

There should also be a policy that talks about bomb threats specifically. Because of Columbine, Red Lake and other school shootings, a bomb threat is very serious and will most likely result in an expulsion and referral to the police for possible juvenile charges in Court. The school may also have policies specific to drug possession or use, weapons, hazing and fighting. You want to see every policy that relates to the reason you are being recommended for expulsion.

Only the school board has the authority to expel a student. So a student cannot be expelled until after a hearing before the school board. This is because students have a right to "due process." This means:

• Students have a right to know what the "charges" are and to know what the evidence is
• Students have a right to be heard
• Students have a right to be represented by an attorney
• Students have a right to cross-examine the school's witnesses
• Students have a right to present their own witnesses on their behalf
• Students have a right to submit evidence

The school board must be impartial and can only expel a student based on "substantial evidence."

You may want to consult an attorney before the expulsion hearing because it is so serious. At the expulsion hearing, the school board may have an attorney there even if you do not have one.

Each school district should have a policy that sets out its expulsion process. Before the hearing, you should ask for and review that policy. This way, you will know how the hearing will work in your school district.

An expulsion hearing is closed to the public, which means it will be held in executive session. The school administration will present its case first. There will be witnesses for the school. They will introduce evidence, including your entire discipline record.

A student should prepare for an expulsion hearing.

• Think about what you will say. Don't blame others for your actions. Be willing to apologize. Explain why you will not behave that way again. If you are getting help like counseling or AA, tell the board. Be prepared to say why being in school is important to you. Give the board members a reason to keep you in school.
• Be prepared to answer questions from school board members.
• Bring witnesses or written statements from your counselor, employer, probation officer, teacher, a community member, etc. that will speak to your good character.
• Bring school records that show you are invested in the school (your attendance, grades, participation in sports, etc.)
• Be polite and respectful. Don't swear, yell or be argumentative.
• Dress appropriately. Wear clean clothes without holes, no hats, no short skirts. If you wear a T-shirt, make sure it doesn't have swear words or references to alcohol, drugs or cigarettes.

If the expulsion action is based upon any kind of criminal activity, be sure to talk to a juvenile defense attorney before you testify at the hearing. This is because what you say at the expulsion hearing can be used against you in the Court case if you are charged.

When deciding if a student should be expelled, the board must find that the student's expulsion is necessary for the "peace and usefulness of the school." The school board has a lot of discretion when answering this question. The school board can also decide to expel you but give you educational instruction in an alternative setting (such as tutoring, alternative school enrollment, etc.)

If you lose an expulsion hearing, you can appeal to Superior Court. These cases are very difficult to win. You should consult with an attorney.

An expulsion does not have to be forever. You have a right to request re-admission. You do this by asking to go before the school board for another hearing. You have to show the board that the behavior that caused you to be expelled will not happen again. It is best if you talk with the school administration to find out what they would like you to do before coming back. This way, you can have the support of the school administration when you go back before the board to ask that you be readmitted. There is no time period for how long you have to wait before requesting a readmission hearing.

Read more about the rights of special education students threatened with expulsion.

This publication was supported by grant #2004-JL-FX-0029 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of OJJDP or the U.S. Department of Justice.

Last update: March 2005