School expulsions and suspensions can be complicated. They can be traumatic and life changing, blemishing their school record, and negatively impacting your child’s education potential. David Studenroth has 30 years of experience handling criminal cases as a defense attorney. He fully understands the details of Illinois statutes and the school system. Call Mr. Studenroth immediately if your child been accused of an offense and faces expulsion or suspension at 847.292.9200. Mr. Studenroth will work tirelessly to protect your child’s rights.
School Expulsions and Suspensions
An expulsion is the removal of a student from school for more than 10 days in a row. Before a student is expelled, they will usually be suspended for up to 10 days.
- A student may be expelled for a definite period of time from 11 days to 2 years for each incident.
- State law requires a one-year expulsion of a student who brings a gun, knife, or other weapon to school or to a school event.
- State law requires a one-year expulsion of a student who uses or attempts to use an object to cause bodily harm, including but not limited to, knives, brass knuckles, clubs, or ‘look alikes’ of any of these weapons.
A student may also be expelled for other misconduct, such as:
- Gang activity
- Possession of a weapon
- Making bomb threats
- Sex crimes
- Using violence, threats or intimidation
The school board has broad discretion to decide when and for how long to expel a student. Although given broad discretion in disciplinary matters, school districts can abuse that discretion according to Illinois case law if they do not consider a range of mitigating factors or comply with certain basic procedural due process requirements.
- Before expelling your child, a school must give you and your child an opportunity to have a hearing, which is more formal than the meeting to appeal a suspension.
- If your child attends a non-charter public school, the school must send you notice of the expulsion hearing in writing and by certified or registered mail. The notice must state the time, place, and reason for the hearing. If your child attends a charter school, you should review the school’s disciplinary handbook regarding the school’s expulsion procedures.
- At the hearing, the school must give you reasons for your child’s expulsion and the date when the expulsion will start.
A suspension is the removal of a student from school for ten days in a row or less. The day the suspension starts counts as one full day, even if the student is suspended in the afternoon or for half a day. Schools may suspend non-disabled students for up to ten days for each serious act of misconduct.
If a school intends to expel a student, it will usually suspend a student for ten days before holding an expulsion hearing.
A student may also be suspended from riding the school bus for misconduct on the bus. A school bus suspension may be for more than ten days for safety reasons, and may affect the student’s ability to get to school.
A student can be suspended for misconduct, such as:
- Being caught with cigarettes or lighters
- Bullying, or using threats, intimidation or violence
- Cheating or copying the work of another student or other source
- Damaging school property
- Disobeying school staff
- Inappropriate sexual conduct
- Leaving the school without permission
- Stealing or bringing stolen goods to school
- Turning on the fire alarm when there is no fire
- Using or bringing fireworks to school
- Using pagers or cell phones without permission
This is not a complete list of reasons for which a student may be suspended, although many of the acts of misconduct listed above could result in both suspension and expulsion. School personnel decide when and for how many days to suspend a student, but must follow the student’s disciplinary handbook. In some cases, the school may also call the police.
The school must immediately give you notice in writing when your child is suspended. This written notice must include the reasons your child is being suspended, the number of days your child will be suspended, and a notice of your right to appeal the school’s decision to suspend your child.
Contact an Experienced Attorney
Call Mr. Studenroth immediately if your child been accused of an offense and faces expulsion or suspension at 847.292.9200. He has 30 years of experience handling criminal cases as a defense attorney.Mr. Studenroth fully understands the details of Illinois statutes and the school system, and he will work tirelessly to protect your child’s rights.