State laws dictate when a child can be expelled from school
Parents whose child may be facing expulsion from school have certain legal rights that may help keep their child in the classroom.
Under Illinois law, a student can be expelled for "gross disobedience or misconduct." To determine the severity of the misconduct, the student's parents or guardian have the right to appear at a meeting of the school board, or with a hearing officer selected by the board, to discuss the student's alleged misconduct. The law states that the parent or guardian must be notified of this meeting by certified or registered mail, or delivery of the notice in person.
At the hearing, the reasons for the expulsion must be discussed. The student may be represented by an attorney who can present evidence and cross-examine witnesses in his or her behalf. The board then takes whatever action it deems appropriate. An expulsion can last up to two years.
A school board must have written rules that give students information about what general conduct may lead to expulsion. However, the law does not require the school board to describe in detail every specific act that may lead to their being expelled. For example, a student handbook may state that "harming another student may lead to expulsion." If a student were to push another student, and that student falls down a flight of stairs and is hurt, the school board could determine that the student should be expelled because he or she knew that the general conduct - harming another student - could lead to expulsion.
For some types of student misconduct, there are specific laws that require the school board to act. For example, if a student is found to have brought a weapon to school or any school event or activity, the student must be expelled for one year.
When a school board expels a student found guilty of gross disobedience or misconduct, it is not required to provide any educational services during the period of expulsion. Certain exceptions apply to students with special education needs who are subject to suspension or expulsion who may be transferred to special programs such as those established under the Safe Schools Act.
In 1995, Illinois enacted the Safe Schools Act to create a statewide system of alternative school education programs whereby regional superintendents operate alternative schools in their respective regions. The act also set forth procedures for transferring disruptive public school students to these alternative schools.
In passing the act, the Illinois General Assembly determined that public school children learn best in safe environments with minimum disruptions to the educational process. The act also provided for an alternative educational setting to allow students who are "determined to be subject to suspension or expulsion" to continue their education rather than being removed from the public educational system altogether.
The act allows a school board to administratively transfer a student who is subject to a suspension or expulsion to a Safe Schools program. At the earliest time following that transfer, appropriate personnel from the sending school district and appropriate personnel of the alternative program meet to develop an alternative educational plan for the student. The student's parents or guardian is invited to this meeting. This act also gives school boards the discretion as to whether or not to allow a student to attend a Safe Schools program.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.