Parents are often concerned about whether to bring an advocate with them to a school expulsion hearing. These are important proceedings and the outcomes can have significant impact on a child’s ability to continue appropriate school programming. Expulsion means removal from public school for 365 days. If a child is eligible for special education services or is facing criminal charges for school-related conduct there are additional due process considerations for school disciplinary hearings.
Procedures for expulsion hearings sometimes differ between school districts, but there are some common requirements. Only the local school board can expel a student although initial hearings are usually conducted by administrative staff to review facts and make recommendations to the school board. In all expulsion proceedings students are entitled to be represented by an advocate and school administrators are accustomed to advocates coming to hearings. To decide whether an advocate can help, it is often useful to get an initial consultation to review the particular circumstances and strategies. Not every case requires professional advocacy in school expulsion hearings, but here are some suggested considerations when making this decision:
• Be sure that the advocate has handled similar cases and has significant experience in school law and procedures.
• If working with an attorney, be sure that the lawyer is licensed to practice in your State.
• If there are pending or expected criminal charges against the student, you should consult an attorney. Often it is better to have the lawyer represent the student in all school and court proceedings.
• Special education eligibility and its impact on school discipline is a specialized area and the advocate should be experienced.
