Issuing Expulsion vs. Suspension

When a school board decides that a child’s misbehavior warrants a greater punishment than up to ten (10) days’ exclusion from school, they may instead consider issuing an expulsion. As with suspensions, there are three recognized grounds for expelling a student: his or her behavior 1) violates a publicized school policy; 2) seriously disrupts the educational process; or 3) endangers persons or property. Where the conduct was committed on school grounds, only one category need be established; if off school grounds, then a showing of both #2 and #3 are required.

As a parent, if your child is facing expulsion, it is imperative that you understand your child’s rights during the expulsion process. Below you will find a concise guide on what to expect before, during, and after the expulsion hearing.

Before the Hearing and Preparation

When an expulsion is considered for student misbehavior, parents must receive written notice “within twenty-four hours detailing the date, time, a plain statement of the matters at hand, and a list of free or reduced-fee legal services.”[1] The school board must also provide any and all documentary evidence it intends to present at a suspension hearing. Barring emergency circumstances,[2] students are statutorily entitled to a formal hearing in front of the school board within ten (10) days after the proposed expulsion.[3]

Parents are advised that prior to the hearing, they review the school board’s evidence and speak with the school board’s witnesses to understand the substance of their potential testimony. In addition, parents should arrange for their own witnesses to testify on their child’s behalf.

At the Hearing

The expulsion hearing is presided over by three members of the board of education (or an impartial hearing officer).[4] Their purpose is to determine whether an expulsion is proper, and if so, how long it should last. A school administrator will present the facts leading to the expulsion, followed by presentation of evidence and cross-examination of witnesses by both parties. Board members have the opportunity to ask questions, and both the student and administrator may present additional arguments.

After the Hearing

The school board or hearing officer may render one of three possible decisions:

  1. Reject expulsion. The child immediately eligible to return to school.
  2. Support expulsion. The child cannot attend school or any school-sponsored activity for the duration of the expulsion. The school board will consider disciplinary history in determining the length of the expulsion.
  3. Recommend a suspended expulsion. This is basically probation for the student. If the student misbehaves again, the expulsion may be imposed.

Within twenty-four (24) hours of the hearing, parents must receive the decision. If expulsion was recommended, parents cannot appeal but are left with some choices:

  • The board must provide an alternative educational program (AEP) for the duration of the expulsion.
  • The parent may seek to enroll their child in another school, but this may be denied by the potential receiving school.
  • The parent may apply, on their child’s behalf, for early re-admission to the school.

[1] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq. at pp.42 (citing Connecticut General Statutes § 10-233d(a)(3)).

[2] Connecticut General Statutes § 10-233d(a).

[3] Connecticut General Statutes § 10-233d(a)(3).

[4] Connecticut General Statutes § 10-233d.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

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If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.