Can You Get Unsuspended From School?

If you or your child has been suspended from school, it may be possible to reverse or avoid the suspension if the discipline was illegal or unfair. Under the Due Process Clause of the Fourteenth Amendment, a student cannot be suspended from a public school unless they have been provided with certain processes that allow them to present their side of the story.

While public school disciplinary hearings don’t have to provide the same due process rights that are offered to criminal defendants, schools are required to allow students to respond to accusations against them and offer evidence in their defense.

How do you fight a school suspension?

In California, the primary method for fighting a school suspension is through an informal suspension meeting. This is a meeting where the suspended student and their parents have the opportunity to meet with school administrators, defend against any accusations of wrongdoing, and attempt to convince the administration not to suspend them. The student can also bring an advocate or lawyer to the hearing, as well as other evidence that supports their case. 

If your child has been suspended, their school must provide you with written notice stating the reason for suspension. The school should also schedule a suspension meeting to allow you and your child to present your side of the story. If your child says they have been suspended, but the school does not send a notice or schedule a hearing, you should immediately send a written request for a meeting with school administrators to discuss the suspension. 

In order to be successful at a suspension meeting, you will likely need to prepare beforehand by gathering evidence such as eyewitness statements, security camera footage or other recordings of incidents leading up to the suspension, and pertinent medical records. If there were witnesses present at the time of the incident, you should interview them to determine what happened and whether they can provide information that will help defend your child.

If you successfully attack a school suspension, you may be able to get the suspension reversed or removed from your child’s permanent records. However, if your attempts are unsuccessful and your child is suspended in violation of school policy or state law, you may be able to sue the school for wrongful suspension. 

How do I write an appeal letter for school suspension?

If you have been suspended from a public or private university, the best course of action may be to write an appeal letter for your school suspension. An Academic Suspension Appeal Letter is a personal statement you can submit to an appeals committee that argues against the decision to suspend you and requests that you be reinstated at the university. 

There are two general strategies you can employ when writing an appeal letter for school suspension. First, you can admit to the misconduct or educational failures that resulted in your suspension but argue that suspension is inappropriate because you have learned your lesson or the violation was not severe enough to warrant suspension. 

The other option is to argue that you did not commit the violation or provide evidence that shows you were not at fault for whatever resulted in your suspension. If you choose this method, you will need to show how the suspension committee made an error or provide new evidence that changes the situation.

No matter which route you take, your appeal letter should acknowledge that you understand the reason for your suspension, avoid being unprofessional or overly aggressive, and be a sincere expression of your thoughts and feelings. 

What does an education attorney do?

An education attorney is a lawyer who specializes in the law of public and private schools. They help teachers, principals, parents, students, and other stakeholders navigate issues that arise at school. For example, they might represent a teacher during disciplinary proceedings or litigate on behalf of an injured student against their school district for negligence.

If you or your child has been unfairly suspended, an education attorney can help you fight the suspension and get it reversed or removed from your record. When choosing an education attorney, it’s important to keep in mind that some education lawyers concentrate on representing schools, teachers, or administrators, so make sure that the attorney you hire has experience representing parents and students.

Read More

Can You Sue a School District?
How Do I Sue a School for Discrimination?
Can I Sue a School for Negligence?
Can You Sue a School for Emotional Distress?
How Do I Sue an Educational Institution?

About & RMO Lawyers

RMO LLP serves clients in San Diego, Los Angeles, Santa Monica, Orange County, and communities throughout California. Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation – Trusts and Estates.