The Law

As previously mentioned, at this writing, the Michigan legislature is reviewing and drafting new legislation to determine the ground rules for schools to suspend and expel students. Expulsion is the formal removal of a student from an educational setting. This seems like serious business and it is. Unfortunately, schools expel for lesser and lesser serious offenses all the time. The procedure for expulsion varies tremendously based on whether or not the student is special education.

There are Exceptions to Mandatory Expulsion

With expulsions in particular, schools have the tendency to fall back on Michigan's highly punitive weapons legislation as format to follow for other offenses. The law, as it is currently written, leaves some room for schools to decide on an individual basis whether or not to expel a student. They are:

• The object was not possessed for use as a weapon, or for delivery to another for use as a weapon
  

• The student did not know s/he had the weapon with him or her
  
• The student did not know or have reason to believe the object was a dangerous weapon
  
• The weapon was carried at the suggestion or request of school or police authorities

This means that there are several exceptions to expulsion, but schools often believe or say they must expel, and they do. Never assume there is nothing you can do if your child has been recommended for expulsion.

Expulsion Strategies

If your child is certified as in need of Special Education services, the school cannot simply expel (see QuickGuide to Special Education Protections from Discipline).

If you suspect your child might be in need of Special Education services see:

• Special Education
  
• QuickGuide to Special Education
  
• Sample Letter Requesting A Special Education Evaluation
• You can request a copy of your school's expulsion procedure (see Sample Freedom of Information Act or FOIA Request). It is probably also located in the Student Handbook, which you can request if you do not have a copy.