Short-term Suspension

  • If you are faced with short-term suspension, you have the right to:
  • Be given oral or written notice of the code of conduct violation and supporting evidence
  • Present your side of the story and request for other witnesses to be questioned
  • Have a chance to make up work

Students under suspension may not go on school property or attend any school activities without permission of school authorities until their suspension is completed.

Long-term Suspension or Expulsion

If you are faced with long-term suspension or expulsion from school, you have the right to:

  • Be given oral or written notice of the code of conduct violation and supporting evidence
  • Present your side of the story and request for other witnesses to be questioned
  • Have a chance to make up work (for long-term suspension)
  • A hearing in which you have the opportunity to present and respond to evidence, as well as subpoena and question witnesses
  • Bring legal counsel to your hearing
  • Appeal the decision of the disciplinary officer, tribunal, or panel to the local board of education and the State Board of Education

Searches and Interrogations

You have a right to:

  • Not be searched, unless the school has reasonable suspicion to believe that you brought unauthorized items to school (e.g., drugs, alcohol, weapons)
  • Remain silent if you are questioned or interrogated
  • Ask to call your parent/guardian if a school staff wants to search or question you

Schools may search and seize unauthorized items from lockers, desks, vehicles, and other school property without advance notice or student
consent.

Special Education

If you have a disability that affects your education, you have the right to:

  • An evaluation prior to determination of eligibility under Sect.504
  • Periodic reevaluations before any significant change of placement
  • Free, appropriate public education (FAPE)
  • An Individualized Education Plan (IEP) designed to meet your educational needs
  • Educational opportunities and benefits equal to those provided to non-disabled students
  • Participate in an educational setting (academic or non-academic) with non-disabled students to the maximum extent appropriate to your needs

If you have a disability and face disciplinary action, you have the right to:

  • A manifestation determination review to determine if your code of conduct violation was caused by your disability or the school’s failure to implement your IEP
  • Receive a functional behavioral assessment and behavioral intervention services if the code of conduct violation was directly
  • related to your disability
  • Continue to receive FAPE if you are removed from your current placement for more than 10 consecutive school days

Other Rights

You have the right to:

  • A fair and equal opportunity to receive a high-quality education
  • A copy of the student code of conduct
  • Have your parent/guardian inspect or obtain copies of your educational records and request corrections to any errors in your record
  • Have your parent inspect, consent to, or have an opportunity to opt you out of surveys and non-emergency, invasive physical examinations
  • Freedom from discrimination based on sex, age, disability, religion, race, or national origin
  • Freedom of speech and expression, although it cannot be vulgar, lewd, threatening, or disruptive speech
  • Freedom of religion, both to express religious views and also to be free from the establishment of religion by the school
  • Freedom of assembly to form non-disruptive protests, although theschool can restrict the location when on school property

If Your Rights Have Been Violated

  • Write down the names of the person who violated your rights and of those who may have seen what happened.
  • Write down exactly what happened, being very specific and detailed.
  • Don't give what you write to anyone except your parent/guardian and lawyer.
  • Stay calm. Don't say or do anything that could get you into trouble.

Stay informed

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