In most cases, principals and teachers can be trusted with the wellbeing and discipline of your children. Hopefully, your child can avoid the discipline process altogether, but in some cases, time-outs, detentions, and even suspensions may be necessary. Although certain situations may call for needed punishment and discipline procedures such as a school suspension or (in extreme cases) expulsion, there have been a growing number of situations across America that are definitely not a fair punishment to fit the crime. Since these kinds of disciplines can end up impacting college admission rates if they stay on their permanent record, it's not always the best possible solution to simply sit back and agree with school authority-- especially if you think their decision may not be legal. If you suspect that a school might be acting harshly or incorrectly in a decision regarding your child, don't hesitate to contact a lawyer regarding the situation:

Where the Law Draws the Line

There is, of course, a point where the negative actions of a child become too much to handle and a suspension or expulsion becomes not only legal, but the necessary choice to make. While states may differ on the details of how long an expulsion lasts, most generally agree upon the conditions that the punishment would be considered:

  • Any type of illegal activity prohibited by American law, including (but not limited to) selling drugs or bringing weapons to school will likely result in an immediate expulsion.
  • If your student continually violates clearly stated school rules despite repeated warnings and other forms of punishment (detentions or suspensions), an expulsion is likely to be considered as the next viable step.

Follow the Due Process

If your child is facing expulsion and you're hoping to contest the decision, you may want to argue that due process has been ignored or violated. Due process is a Constitutional right that affects everyone, even students within a school system. In order to fully expel a student, school administrators must follow due process in order to legally comply with the law.

First, the broken rule or set of broken rules that led to the consideration of expulsion must have been clearly stated. If punishment is being considered even when the child was not aware of the rule in question, it's not a fair result for the child. Additionally, a due process hearing must be held before any decisions are made, making sure that all evidence and testimony has been considered. If you know that one of these processes have not been followed correctly, talk to a lawyer like Smith Phillip C Attorney At Law immediately-- your child's future may depend on it.