Students are not allowed to bring alcohol, narcotics, opioids and more. Even students who take over-the-counter or prescription drugs at school without consulting the nurse's office are at risk for expulsion. One of the quickest ways for a student to get expelled is by bringing a weapon to school or threatening to bring a weapon or a bomb on school grounds. A weapon could be something as small as a knife or brass knuckles and something as dangerous as a gun.
Because of the influx in school shootings, schools have become more cautious. Anything that might put the lives of other students in danger is not only grounds for expulsion but for prison time too. Students sometimes like to make pranks to bring some laughter to their peers. However, pranks that are taken too far, such as spray painting a wall in school, can lead to a student's expulsion. It doesn't need to be a prank, either.
There are cases of students being expelled for vandalizing school property in the form of a hate crime, such as drawing swastikas. In addition to causing hate crime vandalism, students often forget that their right to free speech does not always apply to them when they are in school.
If a student is constantly saying hateful rhetoric by targeting LGBTQ students, for example, this can cause them to get expelled. On top of that, if they are caught saying speech that involves warning students of danger that is nonexistent the equivalent to shouting "fire" in a crowded movie theater , then they can also be expelled.
Many movies, television shows and cartoons depict students pulling the fire alarm, which usually results in a suspension. If this happens consistently, or the school has a zero tolerance for these kinds of disruptions, then a student can be expelled. Additionally, students are expected to behave a certain way when they are at school. They are expected to respect their teachers, follow rules and do what's asked of them. You may want to tell your child upfront that it is important that they are honest with you right now so you can help them through this situation.
The incident and behavior that is leading to an expulsion could be the notice you need to address a problem your child is experiencing. If your child was caught with drugs at school , you may want to get a substance abuse evaluation.
If your child is experiencing problems with fighting , they may be having emotional issues that require intervention. As discussed above, expulsion rules are mostly determined by individual states. You can learn more about your child's rights and when a school can expel a student by finding out what your state guidelines are. You can find your state guidelines at this website provided by the U. In addition to understanding your state's discipline laws, the individual school's discipline rules and procedures should be listed in the school's student handbook.
Many schools provide copies of the handbook to students at the beginning of the school year. They may also be available on the school website. You can also ask the school to provide you a copy. Schools are required to provide written notices of suspensions and expulsions. Keep copies of any paperwork that the school provides you connected with the incident.
You can also ask for any documents related to your child's possible expulsion. If your child is facing expulsion because of repeated suspension, be sure you have all notices and documents about the past suspension. If you were not provided with these notices, or have misplaced them ask the school for new copies. Students with disabilities have special rights when facing expulsion under federal law. If your child has a disability and is expelled, your child must still have access to free and appropriate education.
Federal laws state that your child has a right to a fair hearing before being expelled. What this process should include is a chance for the school's and your child's side of the story to be heard. Your child's story can be presented by you or someone you have chosen such as an educational advocate or attorney.
You will want to know how to present evidence that shows whether or not your child broke a school rule and whether or not they should be expelled under school guidelines. You may be able to bring in witnesses, documents you received from the school, or other evidence. The hearing will lead to a decision over whether or not your child is expelled from school.
It is understandable that you may be disappointed, angry or saddened if your child is expelled. The expulsion process can be difficult for everyone involved, including a loving parent who has strongly advocated for their child.
You may have hoped that the hearing would be the end of this process, and instead, you no have the expulsion itself to handle. An appeal may seem like a fast way to turn the tide back to your favor. Generally, you should only appeal if you believe that the evidence at the hearing did not support the decision to expel your child. If you do decide to appeal, you should be able to find guidelines detailing how to do so in the student handbook or in other materials you have been provided by the school district.
You have already gone through a stressful process to find out if your child was actually going to be expelled. You may be experiencing a variety of emotions from relief that the hearing process is over, or disappointment in the outcome.
It's important that you take care of yourself. Or you may discuss suitable future education, training or employment options.
The principal does not decide to expel a student before this meeting. The meeting will include: you and your child the principal and relevant members of staff who have or have had a role in supporting your child a support person from the Department.
This is an employee who is experienced in student wellbeing. The school can also organise an interpreter if required.
You may want to use a support person or organisation with suitable experience if: your child has a disability you have specific cultural or religious needs. The support person is not there to: make a decision for you act on behalf of the school or the Department.
Koorie students and families There is a dedicated Koorie workforce who give information and support to Koorie students and families.
Students with a disability If your child has a disability, we can provide extra support. You can still support them and attend relevant meetings if they give permission.
If your child asks to represent themselves during the expulsion process, the principal will need to determine if: they are capable of participating in the process without an adult they are capable of making their own decisions if they are a mature minor. In this circumstance you can contact your principal or regional engagement coordinator.
Interventions and supports from the school Before considering an expulsion and during the process, the school can explore interventions and supports. These can include: a student support group a behaviour support plan dispute resolution in-school supports and access to allied health professionals. Who to contact If you're worried about your child, you should seek help from: your GP.
They can assist with a referral to mental health professional such as a psychologist and arrange for Medicare rebates. Parentline your local council. Ask for a list of local service providers most councils operate youth counselling and pathways support. If your child needs to talk to someone, you can encourage them to contact: Kids Helpline on 55 24 hours or web counselling eheadspace on or via eheadspace.
While a decision is being made, your child may receive a suspension. The school will give your child work so they can keep up with their learning. If the suspension is likely to be longer than a week, a teacher should be designated to provide support during the suspension. What happens next If a decision is made not to expel your child: Your child will be supported so they can continue at their school.
The school does not have to provide you with a lawyer. At the expulsion hearing, the school board may have their lawyer there even if you do not have one. You may want to talk to a lawyer of your own before the expulsion hearing.
At the hearing, the school will go first. It will have people talk about the reasons why they are recommending that the student be expelled. They will introduce evidence, including your discipline record.
You can object to what people are saying when they testify or the documents that the school is using. Typically, people object if they think that what the witness is talking about, or the documents, are not relevant to why the school is recommending expulsion.
A student has a right to put on a defense after the school finishes presenting its reasons for recommending expulsion. All witnesses will have to swear to tell the truth before they are allowed to testify. If a student is expelled for specific number of school days, and they do not have a re-entry plan, they may simply return to school when the expulsion is over. If a student has a re-entry plan, they will have to complete the required steps in the plan before they will be allowed to re-enter school.
Once the student finishes the requirements of the re-entry plan, they need to ask to go before the school board. The student will need to show that the behavior that caused the expulsion will not be repeated. The re-entry meeting before the school board can be requested when the student thinks they are ready, even if the principal or superintendent do not agree. The school board will decide whether to readmit the student.
Board members are usually named on the school district's website. You can also call the administrative office of your school to find out who is on the school board. A re-entry plan is to help a student prove that the behavior that caused them to get expelled will not happen again.
If a student is invited to a meeting to make a reentry plan, and they do not go, the school will write one for the student without their input. Unless the student has an individualized education plan IEP , the school does not have to provide or pay for any of the services that are required in the re-entry plan.
Student Rights Before a student is suspended, they have a right: to know what they are being accused of, to know what evidence the school has, and a right to be heard. Suspension Process If suspension is for 10 school days or less, there will generally not be a formal process.
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