Suspension is a type of student discipline where a student loses some of their rights and privileges for a specific period of time. Typically, students are denied the right to attend classes and school activities, usually for a maximum of around a week.
The rules that govern suspension may vary by school district.
The Fifth Amendment to the U.S. Constitution states that no individual will be “deprived of life, liberty or property without due process of law.” Over the years, United States courts have determined that this definition has two precepts.
One of those is that all levels of government as well as any agency of government are required to operate within the confines of the law. The second is that governments can only take action within the context of fair procedures.
The Fourteenth Amendment to the U.S. Constitution is referred to as the “Due Process Clause.” Under this amendment as well, the government and all government agencies are required to operate within the law and to make decisions using fair procedures.
Each student in the United States has the right to education. Public education is something individuals are entitled to that is provided by agencies of local government.
When students are deprived of their right to education through disciplinary action, for example, suspension or expulsion, they are entitled to due process. The right to due process includes the right to notice and a fair administrative hearing before the administration of the long-term suspension or expulsion.
Many states have laws governing school suspension, in addition to local school districts.
In the majority of school districts, an individual may be suspended at any time that there is good cause for their suspension. Good cause typically relates to any behaviors that endanger the safety, health, or emotional well-being of other individuals.
Examples of common grounds for suspension may include, but are not limited to:
If an individual is suspended, they have certain rights. The most important right is the right to an informal conference that is held by the school principal.
During the conference, the individual will be informed why they are being suspended and will be provided the opportunity to offer evidence in their own defense.
In order to understand the steps of due process in schools related to suspensions or expulsions, an individual should review both the laws of the state where the school is located. An individual should also review the regulations of the local school district within which the school operates. Both of the parties need to conform to the state and local rules governing suspension and expulsion.
If a long-term suspension is a possibility for a student, the student is typically temporarily suspended until a due process hearing can be held. The local rules may provide the length of time a student can be suspended before a formal hearing has to be held.
Typically, it is a period from five to ten days, but it may be as long as 30 days. Before the temporary suspension, a basic level of due process should be provided.
A meeting may take place that includes the student, their parents, and school administrators. The circumstances leading to the suspension and the need for ongoing suspension will be discussed during the meeting. Both the student and their parents may be heard at the meeting.
The first step in these hearings is to provide notice to the student and their parents of the date, time, and location of the hearing. This notice should also include the rule or rules that the student violated and exactly how the student violated that rule.
Every long-term suspension and expulsion has to be reviewed in a formal hearing. The elements of due process that should be included at the hearing are:
Both sides of the dispute may want to consider discussing alternatives to suspension or expulsion, which may include:
The school has to devise a plan that allows the student to keep up with their schoolwork during their suspension. This may include attendance at a different location or giving assignments to the student by their regular teachers during the period of their suspension.
Yes, if an individual is suspended, it goes on their permanent record. Some school districts, however, allow an individual to petition to have the suspension removed from their record.
An individual may also be able to make an appeal to the school board to have the suspension cleared.
Yes, many teachers will require suspended students to keep up with their schoolwork during their suspension. Even if an individual is not required to do schoolwork, it is still a good idea for the student to keep up with the rest of the class.
Parents or guardians of suspended students can request class assignments and tests during the student’s suspension.
No, suspended students are not permitted to be on school grounds during the duration of their suspension. If an individual is caught on campus during their suspension, school authorities may call their parents, or even law enforcement, to have them removed.
If an individual needs something from their school, they should try to have a friend or parent pick it up for them.
Even if an individual believes they have been wrongfully suspended, they are still required to serve their suspension. The individual can, however, file a suspension appeal that, if it is successful, will clear the suspension from the individual’s record.
If you have any issues, questions, or concerns related to your suspension or if you believe you have been wrongly suspended, you should consult with a government lawyer. Your lawyer can inform you about the policies in your school district as well as represent you during any administrative hearings that may be required.
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