Because public schools are run by the government, due process applies to public school students. Basically, the school can’t give students serious punishment (such as suspension or expulsion) without having followed certain procedures. These procedures include:

• Telling a student exactly what he/she is accused of doing wrong
• Telling a student exactly what the punishment will be
• Giving a student a chance to tell his/her side of the story before the student is punished

Additionally, because of the Equal Education Clause in the Fourteenth Amendment, the school can’t punish one student more severely than another for the same offense without good reason. Note also that due process protects students against being overly punished.

A suspension is an exclusion from school for one to 10 days in a row. To be suspended from school, a student first must break the school’s code of conduct. For more information on a school’s code of contact, talk with a school guidance counselor or principal.

To be suspended, a student must first be informed of the exact reason for the suspension and must be given a chance to respond to the accusation. Additionally, the student’s parents and the superintendent of the school district must be notified immediately when a suspension is given.

An expulsion is an exclusion from school for more than 10 days in a row and may lead to a student’s permanent removal from the school. To find out what exact offenses will result in expulsion from school, refer to the school’s code of conduct.

The procedures for being expelled from school are more structured and formal. Before a student is expelled, the school district must formally notify his/her parents of the expulsion through certified mail. This notification must contain an explanation of the proposed expulsion and the reasons for it. Also, a student can’t be expelled from school without a formal hearing to decide the case. This hearing is usually held with the school board, and the student can’t be expelled unless the majority of the school board votes for the expulsion. The student is to remain in regular classes until the board officially decides the case. Just as in any formal court case, the student has rights when it comes to the expulsion hearing. The rights include:

• To be represented by a lawyer
• To have the hearing conducted in private unless the student requests a public hearing
• To know the names of any witnesses and to get copies of their statements
• To ask that any witness appears in person at the hearing and answers questions
• To testify and present witnesses on your own behalf
• To have a record of the hearing
• To appeal the decision in a court within 30 days of the decision