Tips for Representing Students Facing Expulsion

• School Expulsions: Not all are Equal

Recommended procedures for all attorneys:

• Check the notice to determine if the school district complied with timelines and notice requirements.
• Request a copy of the record to be used at the expulsion hearing.
• Request a complete copy of the student's records.
• Ask the student's parents about the student's behavior at home and at school. Are there any indicators of special needs?
• Ask the student's parents about the student's medical history. Any mental health issues? Behavioral issues?
• Contact potential witnesses to determine their appropriateness and availability. Consider using character witnesses in addition to any potential fact witnesses. Serve subpoenas or request affidavits or letters of support, as necessary.
• Talk to the school district about its willingness to allow the student to withdraw rather than face expulsion proceedings.
• Talk to the school district about its recommendation regarding length of expulsion.
• Talk to the school district about availability and terms of early reinstatement (for example, successful completion of community service hours, or drug and alcohol assessment and classes).
• Discuss with the parents the alternative education options: private school, home school, correspondence school.
• Obtain written terms of agreement or expulsion order.

Additional considerations for special education students:

• Determine when the manifestation hearing will take place.
• Check the notice to determine if the school district complied with special education notice requirements.
• Check the cumulative number of days the student did not receive educational services during the current school year.
• Contact private health-care providers to obtain records relevant to the manifestation determination and arrange for their attendance at the hearing if possible.
• Consider contacting an educational consultant concerning the appropriateness of the IEP, placement, and behavioral interventions.
• Attend and participate in the IEP meeting to obtain appropriate IEP and behavioral interventions, placement, and manifestation determination.
• Consider filing a due process hearing with the Department of Public Instruction if no manifestation is found (placement is stayed pending hearing).

Additional considerations if a regular education student may be eligible for special education:

• Ask the student's parents, and possibly the student, for information to determine whether the district had knowledge of the student's need for special education.
• Submit the parents' referral for an expedited special education evaluation to the district.
• Submit relevant information to the IEP team for a determination of eligibility for special education. Consider asking experts to assist in gathering, evaluating, or preparing such information.
• Consider filing a due process hearing request with the Department of Public Instruction at any time along the continuum for the school district's failure to find the student eligible for special education, failure to find a manifestation, or inappropriate IEP or placement.

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