- A suspension is a removal from school for 10 days or less.
- A short-term suspension is 3 days or less and may only be used if the continuing presence of the student is a threat to school safety OR a disruption to other student’s learning opportunities.
- Schools must give a statement in writing that explains the reason for the suspension and the length of the suspension.
- You have the right to appeal suspensions.
- An expulsion is a removal from school for more than 10 days for gross disobedience or misconduct.
- Before long-term suspensions (4-10 days), expulsions, and disciplinary removal to alternative schools, all appropriate and available behavioral interventions must be exhausted.
- These measures may only be used if the students’ continuing presence in school would either: pose a threat to the safety of other students, staff, or members of the school community; or substantially disrupt, impede, or interfere with the operation of the school.
- The School Board must provide the students with a hearing before an expulsion takes place.
- Following the Hearing, if the Board wishes to expel the student it must provide a written detailed decision on why removing the student is in the School’s best interest and the reason behind the length of the expulsion.
- Students can request to transfer to alternative programs if they are expelled.
- You can have a lawyer or advocate present during the expulsion hearing.
- School Districts must create policies to help re-engage students who are suspended out-of-school, expelled, or returning from an alternative school setting.
- Students have the right to make up work while they are suspended.
- You cannot be fined or asked to pay a fee as a form of discipline.
- School officials cannot encourage students to drop out.
More questions? Facing suspension or expulsion?
Call us the Chicago Lawyers’ Committee for Civil Rights (312) 630-9744.
For more information on the Education Equity Project of Chicago Lawyers’ Committee for Civil Rights visit www.clccrul.org.