FAQs - School Law

My child has been suspended from school with a recommendation for expulsion. What steps should I take as a parent to prepare for the school disciplinary hearings?
School expulsion is a very serious matter. Under Virginia law expulsion means complete exclusion from public education for a period of 365 days from the date of the School Board’s decision to expel. Only the School Board can expel a student, but many school districts use an intermediate administrative hearing process to evaluate the facts of the case and make recommendations to the School Board. These hearings are very important and basic preparation includes, but is not limited to: 1) obtaining all documents related to the case from school officials at least three days prior to the hearing; 2) Identify any areas of factual dispute; 3) obtain copies of any written statements the student gave to school officials; 4) determine whether the student is eligible (or should have been found eligible) for special education services.

Does my child need a lawyer to represent him/her in a school expulsion case?
The law recognizes that expulsion is a serious deprivation of a right which requires that school procedures follow the legal elements of due process. A lawyer is not required for expulsion hearings, but students and their parents have the right to seek the advice and participation of an experienced attorney. Because expulsion will have a serious impact on a child’s ability to have a continuing education, a consultation with an experienced education attorney will help to clarify the procedures, remedies and effective ways to present a defense to expulsion. An attorney consultation is also very helpful in cases when the student may also be facing criminal charges in Juvenile Court for a school related offense, or when the student is eligible for special education services.

If I am a college student and accused of a violation of the school code of conduct or ethics, do I have a right to a lawyer or advocate?
Yes. In such cases, a student does typically have the right to representation for the defense of such allegations. The extent to which the advocate can participate in hearings will be determined by the written procedures and discipline policies of the school. It is imperative to review these written policies and procedures to insure compliance with time limitations to prevent unintended waivers of any rights or hearings when there are disputed facts. Students are well advised to seek a preliminary consultation with experienced counsel to review the specific issues in each case.

Will school officials hold it against me and my child if I hire a lawyer to represent my child in a school discipline case?
After many years of representing children and parents in school cases, our experience is that school officials recognize and respect the fact that a student has the right to representation in school discipline cases. If a school official ever discourages this right, it should be immediately reported to the Superintendent of the school district.

Effective legal representation in school administrative hearings is very different than in formal court proceedings. It is important that counsel have experience in these proceedings to help facilitate a fair and just result. If there is a possibility of pending criminal charges as well as school discipline, counsel should also be experienced in the area of juvenile criminal defense.

Are there special considerations for special education students who are subject to school recommendations for long term suspension or expulsion?
Yes. There are a number of mandatory procedures that apply in these cases. The school is required to conduct a manifestation determination review (MDR) which examines the extent to which the child’s disability has caused or contributed to the behavior for which he/she is being disciplined. The school is also able to address a change of school placement through the IEP team.

What can I do as a parent to prepare for a school disciplinary hearing when my child is recommended for long term suspension or expulsion? Does my child need a lawyer or advocate?
School disciplinary hearings for long term suspension or expulsion before school administrative officers and/or school board panels should be considered as very serious. Parents should ask for and obtain copies of all incident reports, written witness statements and any other documents that will be made available to decision makers before the hearing. Not all cases require the help of an advocate or lawyer, however parents and students may well benefit from a consultation with experienced counsel to review rights and strategies particularly in cases involving children with special education eligibility or when criminal charges have been filed or are threatened.

If I am a tenured teacher or administrator and I believe that I am unfairly being set up for a recommendation for dismissal, is there anything that I can do to keep my job?
Virginia public school teachers on continuing contracts and tenured administrators have rights which are dictated by State law and local school district personnel procedures. In most cases there are strategies that can be applied early to correct a developing personnel problem. These strategies can include the use of direct assistance and advocacy; review and correction of a work record or the filing and pursuit of a grievance in appropriate cases. For tenured educators there are statutory due process procedures in dismissal actions.