Important Factors to Consider if Your Child Is Facing Expulsion

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100.

Over 3 million students in the United States are suspended or expelled from schools each year, causing those students to end up with school discipline records. Like criminal records, school discipline records may negatively impact a student’s ability to succeed in the future.

According to a 2015 study by the Center for Community Alternatives, about 75 percent of colleges and universities collect high school discipline information, and almost 90 percent of those schools use that information as a factor in making admission decisions. Some argue that this is unfair because:

1. the records may have no predictive value, since children and adolescents usually grow out of problematic behavior;
2. black and Latino students are disciplined more frequently compared to white students, due to racial profiling and bias, which puts these students at a greater disadvantage than other applicants; and
3. school discipline records are often inaccurate and/or misleading.

If your child has been expelled, and you are now concerned with the potential consequences down the road, here’s what you need to know:

1. If your child is expelled from a public school, he or she may be placed elsewhere for alternative education, and unless negotiated prior to the hearing, you may not have a choice regarding that placement. Connecticut law defines alternative education as “a school or program maintained and operated by a local or regional board of education that is offered to students in a nontraditional educational setting and addresses the social, emotional, behavioral and academic needs of such students.” According to Connecticut’s Guidelines for Alternative Education Settings, if there is a disagreement with a placement decision, there must be a clear process written in policy by the local board of education delineating a family’s right of appeal.
2. As a result of expulsion, your child may also lose the opportunity to enroll in certain classes, and his or her credits and grades may also be affected. A student’s absence pending an expulsion hearing, followed by potentially inadequate provision of work by the school, may result in credit and grade deficiencies, and in turn, an inability to graduate.
3. If your child is permanently expelled from a private school, the school will be under no legal obligation to provide any form of alternative education, unless it had contracted to do so. So, your child will likely be disqualified from completing his or her education at that school and graduating from the school, and will be forced to transfer to another private or public school. This may result in a negative impact on your child’s grades and credits, which may delay his or her graduation from high school.
4. If your child is permitted to return to his or her school after an expulsion period, there may be some negative treatment upon his or her return. This judgmental behavior may come not only from a student’s peers and community, but also from school personnel. Should any question of misconduct arise in the future, he or she may be presumed guilty based on the past expulsion.
5. If your child has been expelled pursuant to an expulsion agreement, where he or she is permitted to return to the school after a specified period of time, there is still no guarantee that he or she will actually be able to return. For instance, if a student violates the terms of an expulsion agreement, he or she will most likely be barred from returning to the school. Moreover, even if a student complies with all of the terms, the school may still prohibit him or her from returning after the expulsion period (in which case you may consider pursuing a breach of contract claim against the school).
6. If your child applies to public colleges, the application may inquire about discipline infractions, and expulsions, suspensions or other disciplinary actions may affect their decision whether or not to admit your child. Higher ranked schools will likely be more concerned with your child’s disciplinary history than lower ranked schools.
7. Most private universities use the College Common Application, which specifically asks about any prior discipline, suspension, and expulsion. The application also has a form to be completed by school staff, which asks them about a student’s disciplinary history. If your child has been suspended or expelled, this does not mean that he or she will automatically be disqualified from admission to these universities, however. According to College Confidential, Debra Shaver, the Director of Admission at Smith College, stated, “The disciplinary question is not meant to find out all the “bad” things students have done. Colleges understand that students are people (just like admission officers), capable of making mistakes or bad judgments. We’re not in the business of re-punishing students, either. We are, however, in the business of building a community. Most importantly, a community of scholars-but also a community that engages and interacts in a way that is respectful and honorable. This is what we’re trying to determine through the disciplinary question…”
8. Graduate or doctoral programs may also request information regarding a potential student’s disciplinary history, which may impact their admission decision. Of course, it should be noted that the impact of prior discipline will depend on the particular institution and program,
9. Your child’s disciplinary history may even follow him or her past school and into the professional world. School discipline may impact your child’s ability to become a licensed professional, such as an attorney or a doctor, and may also affect his or her eligibility to join the military, FBI, or law enforcement.

It is clear that expulsions may carry a number of negative consequences for a student. Therefore, parents should not impulsively sign a proposed expulsion agreement without first asking an attorney to review the agreement, and negotiate with the school district if necessary. Parents should also not proceed to an expulsion hearing without adequate preparation and legal representation, because the potential harm to your child’s future is too severe.

If your child is facing expulsion, contact the experienced education law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge your child needs at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.