k12 student discipline defense

K-12 students in Ohio can be suspended, expelled, or permanently excluded from school for a number of reasons, including but not limited to engaging in or threatening violence, violating electronic device policies, and engaging in harassment or bullying. The difference between a suspension and an expulsion lies in the number of days a student is excluded from school, as a suspension is up to 10 days, and any exclusion beyond 10 days is classified as an expulsion. Suspension and expulsion can not only stay on your student’s record, but it can prime them to be targeted for subsequent discipline later.

It is also important to understand that if your student is on an IEP or you have requested in writing that your student be evaluated for an IEP, your student likely has heightened protections from suspension and expulsion. In short, if the conduct which gives rise to your student’s discipline is a manifestation of their disability, your student cannot be suspended or expelled with limited exception.

In Ohio, a students’ rights when they are suspended or expelled depend upon whether they are enrolled in a public school or a private school, as public school students have much more robust rights. This is because attending school in Ohio until the age of 18 is compulsory, so Ohio law and local board of education policy require very specific due process rights to be afforded to students who are suspended or expelled, including a right to an attorney and to an appeal hearing.

If your public school student has been suspended or expelled, it is urgent for you to understand the school’s timeline for providing your notice of appeal, as missing that deadline can mean missing your opportunity to appeal. Consulting and retaining an experienced education attorney will ensure that you protect your student’s rights, and minimize the harm of a suspension or expulsion. 

In the private school setting, your student’s rights are determined by the private school’s student handbook and policies. Most often, private schools provide a code of conduct and disciplinary process, but ultimately retain broad discretion to suspend or expel a student outside of that policy when they want. This means that students are frequently not given the opportunity to appeal a suspension or expulsion in private schools. Nevertheless, it is still important to discuss your student’s suspension or expulsion with us, as there may be grounds outside of the school’s discretion to hold them accountable for wrongful suspension or expulsion, including but not limited to discrimination or retaliation. 

At Albeit Masters we have handled numerous suspension and expulsion appeals, and our experience equips us to give you useful advice and to secure the best outcome possible. Navigating the suspension/expulsion process is not the same as litigating in court, so it is important that you invest in experienced representation to have the most impact for your student.