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Inciting Incident

A student does something that, according to state law and/or the local school districts’ code of conduct, is punishable by expulsion.

The First Interrogation

Often, the student is questioned by the principal or other school official about the offense. Children should understand that it is important to ask for a parent before speaking with a school official or police officer after an incident occurs. The parent may then choose to contact an advocate and/or attorney. Children often incriminate themselves or confuse the issue, because they are frightened when pressured by officials or police.

Parental Notification

By law, within three days the school should notify a parent of their right to a formal hearing, which must occur within ten days of the original incident. Keep in mind the importance of continuing educational structure for the child at this point. At the very least, the student needs to have homework sent home.

The Hearing

A formal hearing is attended by a school administrator, or a panel made up of school officials and the student. The student's parent/guardian must be notified of the hearing. The student is entitled to representation and should absolutely have an advocate present. See also the QuickGuide to Suspensions and Expulsions.

If your child has been expelled, or is facing expulsion, and you have any reason to suspect that s/he should be tested for Special Education, see immediately QuickGuide to Special Education Evaluations.