Few things feel worse as a parent than hearing that your child is facing school discipline. Whether it’s suspension, expulsion, or something in between, the questions start racing: What happened? Is this fair? What are our options?
This may become more of a concern due to recent legislative events. In 2023, citing the increasingly lax disciplinary standards in schools, the North Carolina General Assembly passed a bill making long-term suspensions less stringent for students. The bill has not been enacted into law yet, but aims to elevate behavior once classified as a minor violation, like inappropriate language, disobeying a staff directive, or violating the dress code, into a major violation if deemed appropriate.
If your child is facing a school suspension in North Carolina, the appeals process is your opportunity to make your voice heard, ensure the process is fair, and potentially reverse or mitigate the school’s decision. So how does it work?
Basics – different types of school discipline
North Carolina schools follow specific procedures for disciplinary actions, with the severity of the punishment determining the process:
- Short-term suspensions: Suspensions of 10 school days or fewer.
- There is no formal appeal process is required, but you can still request a meeting to discuss the situation.
- Schools must provide notice of the suspension and an explanation of the evidence.
- Long-term suspensions: Suspensions exceeding 10 school days, up to expulsion.
- These carry more formal appeal rights and procedures, including a hearing.
- Expulsions: Permanent removal from school.
- Reserved for cases involving students who pose a threat to safety or severely disrupt the educational environment.
Know the timeline
Timing is everything in the school discipline appeals process. Schools are required to notify parents of disciplinary decisions, in writing, by the end of the workday during which the suspension was recommended when reasonably soon thereafter. You should pay close attention to deadlines for requesting an appeal. If you miss this deadline, this could mean losing your chance to challenge the decision.
Request a hearing
If your child is facing a suspension, you have the right to a formal hearing. This hearing is typically conducted by a hearing officer or a panel designated by the school board.
What you need to do:
- Submit your request in writing within the specified timeframe.
- Request a copy of your child’s disciplinary record and the evidence the school plans to present.
Prepare for the hearing
Think of the hearing as a mini-trial. The school will present its case, and you’ll have the opportunity to present yours.
Here’s what to focus on:
- Understanding the school’s case: Review the allegations, the evidence, and any statements from teachers, staff, or witnesses.
- Gathering evidence: Bring any relevant documents, such as your child’s academic records, character references, or evidence that contradicts the school’s claims.
- Planning your argument: Focus on why the punishment is unfair, excessive, or not supported by the evidence.
Appeal the decision (if necessary)
If the hearing doesn’t go your way, you can often appeal to the school board or, in some cases, take the matter to court. The key is to show that the school’s decision was arbitrary, not based on substantial evidence, or violated your child’s rights.
Common issues raised in appeals
- Lack of evidence: Schools must provide clear evidence supporting the disciplinary action. If the evidence is weak or hearsay, you may have a strong case.
- Disproportionate punishment: Arguing that the punishment doesn’t fit the infraction can be effective, especially if you can demonstrate a pattern of inconsistency in how the school disciplines students.
- Bias or discrimination: If you suspect that race, disability, or other factors played a role in the discipline, this can form the basis for an appeal.
Why this matters
Disciplinary actions can have a long-lasting impact on your child’s education, reputation, and even future opportunities. Colleges, employers, and the military often ask for disciplinary records. Fighting for fairness now can help protect your child down the road.
An experienced lawyer can help
School discipline cases can get complicated. If your child is facing a long-term suspension, expulsion, or a situation involving potential discrimination, consulting an attorney experienced in education law can make all the difference.