Suspensions

Suspension is one of the most common punishments in schools.  Students who are suspended from school always have a Due Process right.  The exact amount and type of process depends on whether the student was suspended for more or less than 10 days.  Suspensions of 10 days or less are considered short term suspensions, while suspensions of longer than 10 days are considered long term suspensions.

    Short-term Suspension

For suspension of 10 days or less, a student is entitled to Due Process, which involves notice and an opportunity to be heard.  For short suspensions, the notice and chance to tell one’s side of the story can happen at the same time, and a simple short conversation between student and principal is enough.  An example of this would be if a student is involved or suspected to be involved in some incident and is called to the principal or assistant principal’s office.  The administrator may ask the student some questions or allow the student to relate his or her version of events, and then decide what, if any, discipline is appropriate.  Parents must also be notified of the suspension and the reason(s) for it.  So long as there is a phone call or a note to parents explaining the reason for the suspension, the notice is sufficient under the Constitution.

    Long-Term Suspension

Long-term suspensions (more than 10 days) usually require a more formal meeting with a principal or assistant principal.  There is still no right to a full formal hearing, however.  A common procedure is for an administrator to impose a short suspension, and then have a follow-up meeting with the student to determine whether the suspension should be extended.  In most cases, as long as there is reasonable advance notice of the follow-up meeting, this is all that is required for Due Process.

Emergency Suspensions

Courts usually want to leave schools free to react to emergency situations, so they have created exceptions to Due Process requirements.  When a student’s continued presence in school presents a danger to others or is highly disruptive to school functions, the school may immediately have him/her removed from school without any kind of hearing.  In such cases, there must be a meeting as soon as possible after the suspension has begun.

Expulsion

Students facing expulsion are entitled to notice of the charges against them and the time, date, and place of a hearing where they will have a meaningful chance to be heard.  Expulsion proceedings are often more formal, and students often have a right to call witnesses and have either parental or attorney representation.  In some states, students may have the right to cross-examine witnesses against them.  Students usually have a right to appeal an expulsion decision.  For more information on formal hearings, consult our section on formal hearings “Formal Hearings” and our resources on specific disciplinary procedures in your state or district (“State Materials”).

Corporal Punishment

Corporal punishment is still legal under the laws of the United States.  A significant number of states still allow corporal punishment.  In cases where corporal punishment is legal, there is only a very limited Due Process right.  Basically, students must have a chance to give their sides of the story before punishment is carried out.  However, as is the case with short suspensions, students are only entitled to a quick, informal meeting with an administrator who will then assess the situation.  Punishment must usually be performed outside of the presence other students, but with the presence of another teacher or administrator.  Students who have been excessively injured or humiliated by corporal punishment can still bring lawsuits.

Transfer to Alternative School

The courts are not in agreement on what process, if any, is required for transfers to alternative schools.  The first thing you should do is find out what you can about the alternative school your child is being transferred to.  If the alternative school offers a much less complete educational experience because of more limited curricula or reduced class time, the transfer amounts to a serious punishment and deprivation of education.  Thus, your child should be receiving some form of a hearing before being transferred.  Because alternative schools have become so prominent in school discipline policies, it is likely that your state has required procedures that must be followed before a transfer.  Therefore, check the state-specific materials and any discipline guides that schools have sent home.  Even if your state has limited process requirements for disciplinary transfers, your child might be entitled to a more formal hearing if there are punishments being imposed in addition to transfer.

In-School Suspension

Courts generally have said that in-school suspension does not deprive a child of access to the educational process enough to require due process.  State laws may say otherwise, so you should check your local laws and policies to make sure your child has been given a fair chance to tell his/her side before a lengthy in-school suspension.

Other Punishments

Suspension, transfer, and expulsion are seen as the most severe forms of discipline because they take away a child’s right to a publicly funded education.  The punishments below do not involve removal from school, but may still have a severe impact on your child.  Again, the Due Process requirements outlined below are only a floor.  State and local rules might give your child stronger rights, so make sure you are aware of what they are.

    Removal from Specific Classes

For the most part, courts do not recognize any protected right to enroll in a specific class.  This means that if, as part of maintaining discipline, your child has been permanently removed from one class, there is no official requirement for notice or a hearing.  If your child has been removed from a class and there is no suitable replacement class, or if the class is a requirement for graduation or promotion, you may have a stronger claim that there should have been notice and a hearing.  In general, though, it is unlikely you would succeed in challenging a removal from class on due process grounds.

    Exclusion from Extracurricular Activities

For a long time, most courts have viewed participation in clubs and sports as a privilege, not a right.  Therefore, most courts have not required notice and a hearing before a student can be removed from a team or club.  However, some recent court decisions show that courts are beginning to view extracurriculars as a more and more important part of a child’s education.  If you believe your child has been wrongly suspended or expelled from a sports team or club without notice or a hearing, the nature of the circumstances and the particular state in which you live may determine whether you should pursue the matter further.

    Exclusion from Graduation

Not many courts have stated conclusively if a student is entitled to notice and a hearing before being excluded from graduation ceremonies.  Most that have touched on the issue have determined that there is no protected right to attend graduation, so there is no due process requirement.

Lowering Grades as Punishment

When a student’s grades are lowered for disciplinary reasons, such as tardiness or absence, there is no requirement of notice or a hearing.  Some courts have stated that lowering grades for other, non-academic reasons, is not permissible.

    Denial of Diploma

Courts have found that students are entitled to receive their diplomas when they have fulfilled all the academic requirements.  If your child is being denied his/her diploma for disciplinary reasons, you are probably entitled to at least a conference, though perhaps not a formal hearing.  Because states are very concerned with school discipline, it is likely that there are local laws and rules that address this issue.
    

    Exclusion from School Bussing

If your school district provides free bussing, then your child probably has a protected right to take the bus to school.  This is especially true if getting your child to school without free bussing is very difficult or impossible.  In such cases, you are likely entitled to the same notice and hearing as for a suspension of the same length of time as your child’s exclusion from bussing.  As with emergency suspensions from school, the school may terminate your child’s bussing services without notice or hearing if his/her presence on the bus is believed to be dangerous to others.