Expulsion of Students in Connecticut Schools

Connecticut’s statutory scheme governing children (both generally and in the context of education) is particularly comprehensive, and an important section in the context of school discipline concerns expulsion. The General Statutes require expulsion for conduct not committed during school hours or on school grounds in two situations:

  1. The student carried (without a permit) a statutorily-enumerated weapon, or used one to commit a crime. Weapons covered include firearms, deadly weapons, dangerous instruments, and martial arts weapons.
  2. The student sold or distributed illegal drugs or attempted to do so.

Connecticut General Statutes § 10-223d(2).

State law permits expulsion of students if the out-of-school conduct violates school policy and is seriously disruptive of the educational process. This standard was discussed in the Connecticut Supreme Court’s decision in Packer v. Board of Education of the Town of Thompson, 256 Conn. 89 (1998), which involved a student in possession of marijuana and drug paraphernalia in his car while not at school. When a school board needs to determine whether this threshold has been met, it considers numerous factors:

  1. Whether the incident occurred within close proximity of a school
  2. Whether other students from the school were involved or whether there was any gang involvement
  3. Whether the conduct involved violence, threats of violence or the unlawful use of a weapon, … and whether any injuries occurred
  4. Whether the conduct involved the use of alcohol

Connecticut General Statutes § 10-223d(1).

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.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

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.