In lig of high profile cases of violence in schools over the
past decade, Zero Tolerance policies have been developed and
enacted by federal and state government. At times, it seems
schools perceive some actions that seem simply goofy and childish
as dangerous and unlawful. Children can and have been expelled
from school for carrying scissors onto school buses, saying
inappropriate things to other children, and playing with straightened
paper clips.
It is helpful for both families and the school, to address
behavioral concerns before they become serious. If a child is
beginning to have problems at school, immediately request a
meeting between parents and teachers to discuss these concerns
and what may alleviate the problem. Parents should also discuss
the situation with their child, to find out how s/he feels about
the situation.
Parents or teachers may want to request a Special Education
Evaluation if they suspect the child might have a disability
that is hindering his/her ability to participate successfully
in school.
QuickGuide
to Special Education Evaluations
If a child is suspended or expelled:
1. Protect the Child
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.
2. Investigating the Incident
3. Maintain Educational Services
Once a child has been suspended or expelled, parents’
should make every attempt to keep the child in an academic setting.
This includes challenging the suspension/expulsion before the
hearing takes place. Also, be sure the child is receiving his/her
homework assignments from the school and has regular contact
with teachers. Some schools may provide alternative placements;
usually educational programs off school premises for students
who have been suspended/expelled.
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4. At the Due Process Hearing:
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Parents should be sure to review all
of the information collected thoroughly. It is highly advised
to take an advocate to the hearing. If not, at least bring
a family member or friend for support.
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The issue discussed should concern school-related
issues, not the family’s personal matters.
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Anything that is said at the hearing,
by parents, students, school administrators, etc. is considered
public record and can be referred to in later hearings/court.
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The parent/student can call their own
witnesses and ask questions of anyone involved with the hearing.
This due process right is granted by the 14th Amendment and
upheld by Goss vs. Lopez (1974) in the case of school hearings.
However witnesses are on a voluntary basis, they cannot be
subpoenaed to testify as in a court of law.
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The hearing is open to the public, therefore
a parent, student, or anyone in attendance cannot be asked
to leave. However, if the parent is not comfortable with someone’s
presence, they may request the removal of a hearing attendee,
who must leave.
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The parent may try to prove that the school
did not make an attempt to help the child before the incident
occurred. Schools are required by law to meet with a parent
when a child first begins having difficulty.
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Do not be afraid to disagree with school
staff or administrations. Do not agree to, or sign any recommendations
by the School Board unless they are supported by both parent
and child. Parents may choose to think about the outcome of
the case overnight before coming to an agreement. Parents
should speak with their children before and after the hearing,
as to how the child feels about the hearing and what s/he
wants.
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Make sure a complete transcript is made
of the hearing, not simply a secretary’s summary. The
transcript may be referred to at a later date (an appeal).
A parent may also tape or video record the hearing.
5. Beyond the Hearing – Appealing a Decision
