School Suspension or Expulsion

Suspension is exclusion from the learning environment for less than the remainder of the school year. Suspensions can be served in school or out of school.

Under Vermont law, a suspension that lasts 10 school days or less is considered a short-term suspension. A suspension that lasts for longer than 10 school days is considered a long-term suspension. Long-term suspensions are treated like expulsions under the law. If your student is facing long-term suspension, see the section about expulsion below.

Due process for short-term suspension

Before a short-term suspension, schools must give students and parents the opportunity for an informal hearing before an appropriate school official. You can choose whether to participate in the informal hearing. In practice, the informal hearing can amount to little more than a brief meeting with the school principal.

Even though the pre-suspension hearing is informal, certain standards must still be met. You have the right to:

• receive notice of the charges
• receive an explanation of the evidence
• have an opportunity to tell your side of the story, and
• receive a decision in writing from the school.

With only limited exception, schools may not suspend a student unless these procedures are followed. The exception is if the student poses an immediate threat to themselves, others, school property, or the school environment. Students who pose an immediate threat can be removed from school right away. However, the opportunity for an informal hearing must be offered as soon as possible after such a suspension.

Consequences of short-term suspension

Exclusion from school has serious consequences. Students who are suspended are likely to fall behind in their studies at the very least. Suspension has also been linked to more serious consequences, including increased likelihood of dropping out of school and coming into contact with law enforcement.

You should know that Vermont law encourages but does not require schools to offer educational services to students who have been suspended. Parents, guardians and students should still always ask schools to provide educational services during the period of exclusion. Schools may be required to offer educational services in some cases where the student being excluded has a disability. For more information, see the Students with Disabilities section below.

In addition, schools can report criminal conduct to the police and can press charges if students break the law.

What can I do?

If a student is under threat of short-term suspension, you should:

1. make sure there is an informal hearing before the suspension
2. save the written decision
3. request to receive school work during the period of suspension
4. contact a lawyer or advocate, especially if the student has a disability or the student has been suspended more than one time this school year

Expulsion is exclusion from school for the remainder of the school year or up to 90 school days, whichever is longer. Long-term suspension is exclusion from school for more than 10 school days. Expulsions and long-term suspensions are almost always served out of school.

Generally speaking, schools only expel students for very serious violations of the student code of conduct. Students who bring a weapon, such as gun or knife, to school or school activities, or who make bomb threats against the school, must be expelled for one calendar year, if approved by the school board after a formal hearing.

Due process for expulsion and long-term suspension

Before expulsion or long-term suspension, a student and his or her parents or guardians have the right to a formal hearing before the local school board. You can choose whether to have the formal hearing. Regardless of whether you request a formal hearing, an expulsion always needs to be approved by the local school board.

At the formal hearing, you must have the opportunity to present evidence in your favor. You must also have the chance to ask questions of the witnesses against them. Questioning the witnesses against you is called “cross examination.”

To get ready for the formal hearing, follow these steps:

1. Ask to see your student’s complete school record. You have a legal right to a copy of the student’s complete school file.
2. Try to talk to as many of the witnesses as you can before the hearing to find out what they are going to say.
3. Make a list of people who can be witnesses to help your side.
4. Plan your strategy for the hearing to prevent and/or minimize the length of your student will be excluded from school. Talk to the school about a shorter suspension instead of expulsion, community service, or other ways to make amends for a rule violation.
5. Ask for help if you need it! Friends, family and advocates can help you prepare. Contact us at Vermont Legal Aid with questions or if you are interested in legal representation.

Other rights before expulsion or long-term suspension include:

• getting written notice of the charges against the student; the date, time and place of the formal hearing; the possible punishment the student may receive; and a statement of the student’s right to be represented by a lawyer at the hearing
• getting a copy of all school records related to the student, and
• receiving a decision in writing from the school.

Schools should not exclude a student from class or activities until these rights have been offered and actions completed. The only exception to this rule is if the student is an immediate threat to themselves, others, school property, or the school environment. A hearing should be held as soon as possible after the immediate exclusion.

Consequences of expulsion and long-term suspension

Exclusion from school has serious consequences. Students who are suspended or expelled are likely to fall behind in their studies at the very least. Suspension and expulsion from school has also been linked to more serious consequences, including increased likelihood of dropping out of school and coming into contact with law enforcement.

You should know that Vermont law encourages, but does not require schools to offer educational services to students who have been suspended or expelled. Parents, guardians and students should still always ask schools to provide educational services during the period of exclusion. Schools may be required to offer educational services in some cases where the student being excluded has a disability. For more information, see the Students with Disabilities section below.

A student who is expelled can seek to enroll in another school. But schools in the same or other districts may refuse enrollment of a student who has been expelled elsewhere.

In addition, schools can report criminal conduct to the police and can press charges if students break the law.

What can I do?

If a student is under threat of long-term suspension or expulsion, you should:

1. ask for a formal hearing from school officials in writing
2. demand continued inclusion of the student until the hearing is complete
3. contact a lawyer or advocate to be present at the informal or formal hearing.

Contact us at Vermont Legal Aid as soon as you think your child might be suspended for more than 10 school days or expelled.

A student with a disability can be suspended for 10 days or less without the school having to consider whether the disability contributed to the bad behavior. 

A student with a disability cannot be suspended for more than 10 days (consecutive or cumulative) in a year, unless the school:

• re-evaluates the student or
• conducts a “manifestation hearing”

At a manifestation hearing, the individuals on the student’s 504 or IEP team meet to decide if the behavior displayed by the child has a direct or substantial connection to their disability. If the behavior that resulted in the suspension is not determined to have a connection to the child’s disability, the school may apply the same disciplinary actions it would for any student within the district. Students on IEPs must, however, continue to receive the tutoring and special education services determined by their IEP Team.

Parents and students should always ask for more appropriate services for the student.

For more details, see the special education law section of our website.

If your child has been out of school for more than 10 school days, contact the school about getting the student back to school as soon as possible. If the school refuses to reintegrate the student into school or provide out-of-school educational services for any reason, Contact us at Vermont Legal Aid for help.