Can i be expelled

This applies to most students. However, there are different rules for the expulsion of students with disabilities. Effective January 1, , students in pre-school cannot be expelled. There are different rules for disciplining pre-school students. An expulsion is only allowed if the school has attempted other interventions and they haven't worked and the:.

Schools may expel a student who brings a gun, knife, brass knuckles, billy club, or other weapons to school or to a school event or uses one of these items to cause harm. However, the school superintendent or the school board may modify this rule on a case by case basis. Schools are not allowed to have zero tolerance policies.

This means that a school can't have a policy in which students are required to be expelled for certain behaviors. A student may be expelled for a wide range of misconduct, such as:. A student may not be expelled for nonattendance unless they miss 15 days in a row without valid cause and the student cannot be located by the school district or the student has been located but cannot be compelled to return to school. Note that students are allowed 5 mental health-related absences without a note. The school must send the parent or guardian a written notification of the misconduct if it includes:.

The school board decides when and for how long to expel a student. However, an expulsion cannot be longer than 2 years in Illinois. The school must have a policy in place to handle a student's return to school after an expulsion or after returning from an alternative school setting.

In some situations, the school may also call the police. However, the school is not allowed to have their own booking station on school grounds where police detain students for criminal behavior. Chat to us now about your situation. Read More. Registered Company: Legal Information. All Rights Reserved. Report an issue. On what grounds can I be expelled or suspended from school in Ireland?

Learn more about your rights when it comes to being suspended or expelled from school. Written by Children's Rights Alliance. Factsheet Fact checked by experts and reviewed by young people. What rules do I have to obey in school? What happens if I am suspended from school? What happens if I am expelled from school? Can I appeal my suspension or expulsion?

The Secretary General may also tell the Board of Management how to resolve the issue. What can I do if I think my teacher is treating me unfairly? What can I do if a teacher is discriminating against me? Need more information? Chat now to a trained Youth Information Officer Or leave us a message and we will email you back. Related articles.

Your Rights. The expulsion will last 21 school days or more. If the board decides to expel you from your own school only, you must be assigned to another school in the school board. The Principal will have input into which school would benefit you. At the end of the expulsion you can ask to return to your own school, however, many schools do not allow students to return after being expelled.

The day the expulsion starts is the day you were suspended pending an expulsion. For example, if you are given a 90 day expulsion and you have already been suspended for 20 days while you waited to find out if you are expelled, then you only have 70 more days before the expulsion is over.

This means that you are not allowed to attend any school or school-related activities in any school of your school board. If you receive this kind of expulsion you will be assigned to a program for expelled students.

Once you have successfully completed the program or satisfied the objectives of those programs in another way, you can return to school. You can apply to another school board if you have received an expulsion from all the schools in your school board, however, they will know about your expulsion and may not accept you until you complete their program for expelled students.

The Principal must consider an expulsion if you:. If the incident involves a criminal act, the Principal may also have to notify the police. Whatever you say to the Principal can be passed on to the police. You do not have to answer any questions the police ask you, and you have the right to have a parent or other adult with you when the police question you. In addition to a suspension or expulsion, the police may also charge you.

Your Principal does not always have to recommend an expulsion and the school board does not have to expel you. Some of the things they must take into account are whether:.

Your Principal and the school board are required to take into account any special or mitigating circumstances you may have when determining whether you should be expelled, for how long, and the type of expulsion. They must also make sure they have accommodated any disabilities that you have — see our pamphlet on Special Education.

First, the Principal will suspend you for 20 days pending an investigation. The Principal must tell you, your teachers, your parents or legal guardians unless you are 16 or 17 years old and have withdrawn from parental control, or you are over 18 years old that you have been suspended.

You must also receive written notice. The letter must say why you are suspended, for how long, and if the Principal is carrying out an investigation for a possible expulsion. The letter will also tell you which suspended students program you are being referred to while the investigation is taking place.

You should attend the program to keep up with your school work while you are waiting. If the Principal does not recommend an expulsion, the Principal must give you written notice of this decision and you can return to school once the suspension period is over.

You should also be told that you can now appeal the suspension; because you cannot appeal the suspension until after the non-recommendation decision has been made. If the Principal recommends expulsion, they will prepare a report and refer the matter to the school board for a hearing; and the hearing committee will decide if you should be expelled.

As part of the investigation, the principal must make all reasonable efforts to speak with you and your parents unless you are 16 or 17 years old and have withdrawn from parental control, or over 18 years old and any other person who may have relevant information, such as other students or teachers who were witnesses. If the Principal recommends that you should be expelled after their investigation, they must prepare a report containing:.

A copy of this report must be given to you, and to your parents or guardians unless you are 16 or 17 years old and have withdrawn from parental control, or you are over 18 years , and any other person specified in the school board policy for example, safe schools personnel.

You are entitled to know who the Principal spoke to. If the report does not include these name and a summary of what they said, you should ask for this information. You can and should attend the hearing. A committee of at least three school board trustees will listen to both sides at your hearing and make a decision about whether or not to expel you.

The hearing must be held within 20 school days of the original suspension unless everyone agrees to an extension. If more than 20 school days have passed without a hearing or an agreement to extend the deadline, you can return to school. You should not agree to an extension until after you speak to a lawyer. Signing this document does not mean that the expulsion process is over because it is only an agreement between you and the school board.

The trustees will still hold an expulsion hearing and they will have a choice as to whether or not they wish to accept the Minutes of Settlement or to make different conclusions. The Minutes of Settlement may also contain a release clause which says you cannot make any other future claims against the school board, including a Human Rights complaint. If you have criminal charges, talk to your criminal lawyer first. Each school board can decide on its own hearing process, but they must provide you with a copy of their procedures and information on their process.

At the hearing, both the Principal and the school board trustees may have a lawyer. The Principal will present evidence to the trustees about why you should be expelled. The Principal must be specific in showing what evidence they considered for making their recommendation; they can not just summarize what they think happened. For example, the Principal can not just say you had drugs; they have to say what was found, where it was found and how the Principal knows it is an illegal drug.

The Principal must also explain any special or mitigating circumstances they considered and why an expulsion is the right outcome. The evidence used can not be based only on hearsay information passed on by word of mouth. The decision of the trustees must be in writing and must be given to you, your parents unless you are 16 or 17 years old and have withdrawn from parental control, or you are over 18 years old and other parties to the expulsion hearing.

It must give reasons for an expulsion. If you are expelled from your school only, it must state which school you will now be attending.