Suspension from school is generally the minimum punishment when a student is responsible for misconduct like cheating, fighting with other students, or even using profanity. But this disciplinary measure can be overused, and is always disruptive to a student's education. During the 2021-2022 academic year, out-of-school suspensions in California alone resulted in over a half-million lost instructional days, according to a report from the UCLA Civil Rights Project and the National Center for Youth Law. Despite some efforts to avoid using out-of-school suspension as punishment for minor infractions, the practice remains widespread in every state. If you or your student are facing a possible out-of-school suspension or are seeking to appeal a decision, contact the Lento Law Firm Education Law Team at 888-535-3686.

School Policies on Disciplinary Exclusion and Appeals Differ by State

Public schools must follow state education laws, which have different criteria for determining whether suspension is warranted. Private schools make their own policies, but can model these on state laws if they choose. The California Education Code allows schools to suspend students for “disrupt[ing] school activities.” Similarly, the New York Education Code allows schools to suspend elementary or secondary students who are “disorderly” or “disruptive.” These and most other states provide a way for students to appeal their school's order of suspension within a limited timeframe.

How Suspension from School Harms Students

Students who are temporarily excluded from attending school or participating in school activities face serious challenges that are often disproportionate to their alleged disciplinary infractions. These can have longstanding consequences. Missing classroom days can limit a student's ability to learn subject matter and earn favorable or passing grades, especially if the student is already stressed or distracted from their studies. If a student fails one or more classes, they may be unable to graduate due to poor academic standing. A suspension can also result in an incomplete grade, which counts against the student's academic progress formula, or a transcript gap that the student will likely need to explain on applications and at interviews for college admission or extracurricular activities. Even if the transcript doesn't state the conduct that resulted in the suspension, the student will likely be required to disclose any history of disciplinary issues. Since out-of-school suspensions can lead to such harsh repercussions, they should not be overused.

Nationwide Attorneys Focused on Education Law and Student Defense

The Lento Law Firm Student Defense Team is committed to defending students coast to coast in school disciplinary proceedings as well as appeals before the schools' Office of General Counsel. Unlike local law firms, the Lento Law Firm is experienced in working within school bureaucracies. We take a firm but cooperative approach, working toward the best possible resolution for the student. If you're a student or the parent of a student who needs representation for alleged academic misconduct or other alleged disciplinary violation, contact the Lento Law Firm online or call 888-535-3686.