Expulsion Hearings in Greenville County

Expulsions occur when any public school seeks to expel a child from attending school. Recommendations for expulsion are generally made by administrators at the school and then referred to district official who facilitate the hearing.

A hearing officer, a neutral third party, oversees the expulsion hearing and makes the final decision as to whether a child should be expelled or not.

Parents and students have a right to a lawyer for this process as expulsion hearings can be complicated and have dire consequences for students and parents.

WHAT IS AN EXPULSION HEARING?

An expulsion hearing is held any time a public school seeks to expel a student. Each student has a right to a free and appropriate public education and in order to take that right away, the student is owed due process.

You should receive notice from the school in writing including a date and time for the expulsion hearing. Contact an attorney as soon as possible as these hearings are scheduled within 15 days of the recommendation for expulsion.

EXPULSION HEARINGS

Expulsion hearings are held within 15 days of the child’s recommendation for expulsion. The district must provide the parents with all documentation and information they intend to present at the expulsion hearing. Parents and attorneys have a right to review the evidence against the child and to review any videos. Often districts will attempt to bar parents from seeing the videos and often try to limit or redact the information provided to parents. A lawyer can greatly assist you in reviewing and gaining access to the information you are entitled to.

At the expulsion hearing, the hearing officer must review the relevant information and hear from both sides. The hearing officer should be neutral and not anyone associated with the school district. After hearing all information, the hearing officer will decide to grant the district’s request for expulsion or return the child to school.

CONSEQUENCES OF AN EXPULSION HEARING

An expulsion lasts for the rest of the current school year unless the child is found to have had a weapon on campus. If the student had a weapon on campus, the expulsion lasts for a full calendar year.

In general, the student cannot enroll in any other public school in South Carolina. This can result in a child falling significantly behind in school and having an expulsion on their record. These consequences can be dire for students.

CHILDREN WITH AN IEP or 504 PLAN

Children with an IEP or 504 Plan are owed an additional hearing called a Manifestation Hearing. A manifestation hearing is held to determine if the child’s disability was the cause of the offending behavior or if their IEP or 504 Plan was not properly implemented. These findings can spare a student with a disability from the expulsion process. This hearing is held in addition to the expulsion hearing and must be held before the expulsion hearing. A manifestation hearing needs to be requested if not scheduled by the district.

WHAT I CAN DO FOR YOU?

I work tirelessly to keep children in school. Falling behind in school or failing to graduate can have significant consequences for children throughout their lives.

I will work with your family to determine your specific needs. I listen to your child’s history and the desires of your family to come to the best outcomes for your family.

I will represent you with the district including contacting the district, reviewing the materials and documentation, and representation at all relevant hearings including manifestation hearings and expulsion hearings.

Expulsion hearings can be appealed through both administrative procedures and to the relevant circuit court if we believe a child’s due process rights were violated.

CONTACT ME TODAY FOR A CONSULTATION

Expulsion hearings are scheduled very quickly so contacting a lawyer immediately is essential to ensuring your family’s rights are protected and reaching the best outcomes for your family.