As a parent, your child’s education is one of your top priorities. However, navigating the complexities of school discipline can be daunting, especially when considering potential suspension and expulsion. Understanding the procedural protections to which your student is entitled is crucial not only for protecting your child’s rights, but also for ensuring they receive the education they deserve.
In this article, we will delve into Ohio’s suspension and expulsion procedures, both for typical students and for students identified as having disabilities. We will also explore potential consequences of these disciplinary actions and the importance of seeking legal counsel when necessary. Whether your child is facing disciplinary measures, or if you simply want to be prepared, knowledge is your best asset. Join us as we explore the ins and outs of Ohio’s school discipline laws and empower yourself to protect your child’s future.
Understanding the Suspension and Expulsion Process in Ohio
If your child faces suspension or expulsion in Ohio, it’s essential to know what to expect. Here’s a straightforward overview of the process:
- Written Notice: You and your child will receive a formal notice detailing the suspension or expulsion. ORC 3313.66(1)(a).
- Informal Hearing: Next, there will be an informal hearing with the principal or superintendent. This is your opportunity to discuss your child’s behavior and present your side of the story. ORC 3313.66(1)(b).
- Outcome Notification: After the hearing, you’ll receive a written notice of the decision, including information on how and when to appeal. The outcome notification, “shall specify the manner and date by which the pupil or the pupil’s parent, guardian, or custodian shall notify the board of the pupil’s, parent’s, guardian’s, or custodian’s intent to appeal the expulsion or suspension to the board [of education] or its designee.”
- Appeal Rights. You may appeal a suspension or expulsion decision to the Board of Education during an executive or open session meeting. ORC 3316.66(D). If your child is permanently excluded from school, you can also appeal to the Court of Common Pleas. ORC 3301.121(H).
While there is no set timeline for a suspension or expulsion appeal after an initial hearing, the process usually takes a matter of day s or weeks. Regardless of timing, “[t]he pupil or the pupil’s parent, guardian, or custodian may be represented in all appeal proceedings and shall be granted a hearing before the board or its designee in order to be heard against the suspension or expulsion.” Id.
Additional Procedural Steps for Students with Disabilities
For students with disabilities, there’s an important extra step. If your child is being removed for more than 10 days in a school year, a manifestation determination must be conducted. 34 CFR § 300.536; 34 CFR § 300.530(e). The manifestation determination meeting is often conducted by a child’s IEP team. The manifestation determination must review whether the behavior was linked to your child’s disability. If you disagree with the outcome of a manifestation determination review, you may challenge the outcome of a manifestation determination review by filing an expedited due process complaint with the Ohio Department of Education.
Understanding these steps can help you navigate the situation effectively and advocate for your child’s rights.
Consequences of Suspension and Expulsion
Facing a suspension or expulsion can have significant consequences for your child, both academically and personally. Here are some key points to consider:
- Academic Impact: A suspension or expulsion often means your child will miss valuable instructional time. This disruption can lead to gaps in learning, making it harder for them to keep up with the pace of academic instruction.
- Disciplinary Record: A suspension or expulsion will be noted in your child’s disciplinary record. This information can be accessed by future schools, which may impact their acceptance into other educational institutions.
- College Admissions: Many colleges and universities review applicants’ disciplinary records as part of their admissions process. A history of suspension or expulsion may raise red flags and influence admission decisions, potentially limiting your child’s options for higher education.
- Social and Emotional Effects: Beyond academics, the stigma associated with being suspended or expelled can affect your child’s self-esteem and relationships with peers. They may feel isolated or embarrassed, which can impact their overall well-being.
- Future Opportunities: In addition to college, certain scholarships, programs, or extracurricular activities may also take into account a student’s disciplinary history. This could further narrow your child’s opportunities for advancement.
Understanding these potential consequences emphasizes the importance of addressing any disciplinary actions promptly and seeking legal advice and representation. Advocating for your child strongly, appropriately, and early can help mitigate the impact of potential discipline on their future. To discuss further, or for more information, please contact the authors.
