School Suspension or Expulsion

All Vermonters have the right to a public education. But that right is not absolute. If a student engages in misconduct or bad behavior, Vermont law allows a school to address that behavior.

Vermont law requires that schools have a plan for student misconduct. The plan must list the behaviors that will lead to disciplinary action. The plan must also describe the ways that the school will respond to bad behavior. Frequently this information is called the student “code of conduct.” It is made available to students in a student handbook.

Examples of student misconduct include:

having or using illegal drugs on campus
bullying or harassing other students
vaping or smoking on campus
fighting
possessing a weapon
talking back to school employees
cursing
violating of the student code of conduct repeatedly

Schools can only address misconduct that occurs:

on school property
at a school sponsored activity
on the way to/from school or a school activity, including on a school bus, or
where direct harm to the school's welfare or the educational success of other students can be demonstrated.

A school’s response to student misconduct will vary based on the severity and location of the behavior. Minor bad behavior could result in a “write up” from the teacher or being sent for a short time to the principal’s office. Misbehavior on a school bus can result in the student not being able to ride the bus.

In the most serious cases, a school may choose to exclude a student from the learning environment. This is called “exclusionary discipline.” There are two main types of exclusionary discipline: suspension and expulsion. Find more information about suspension and expulsion below.

In most cases, students can be excluded from school only after receiving due process. The only exception is if the student poses an immediate threat of harm to themselves, others, school property, or the school environment. In such cases, due process must be provided as soon as possible after the threat of harm has passed. Due process includes meetings, hearings and legal representation of students’ rights. The amount of due process students are entitled to depends on the type of discipline.

For more information on students' rights, see the ACLU website.

Suspension

Suspension is exclusion from the learning environment for less than the remainder of the school year. Suspensions can be served in school or out of school.

Under Vermont law, a suspension that lasts 10 school days or less is considered a short-term suspension. A suspension that lasts for longer than 10 school days is considered a long-term suspension. Long-term suspensions are treated like expulsions under the law. If your student is facing long-term suspension, see the section about expulsion below.

Due process for short-term suspension

Before a short-term suspension, schools must give students and parents the opportunity for an informal hearing before an appropriate school official. You can choose whether to participate in the informal hearing. In practice, the informal hearing can amount to little more than a brief meeting with the school principal.

Even though the pre-suspension hearing is informal, certain standards must still be met. You have the right to:

receive notice of the charges
receive an explanation of the evidence
have an opportunity to tell your side of the story, and
receive a decision in writing from the school.

With only limited exception, schools may not suspend a student unless these procedures are followed. The exception is if the student poses an immediate threat to themselves, others, school property, or the school environment. Students who pose an immediate threat can be removed from school right away. However, the opportunity for an informal hearing must be offered as soon as possible after such a suspension.

Consequences of short-term suspension

Exclusion from school has serious consequences. Students who are suspended are likely to fall behind in their studies at the very least. Suspension has also been linked to more serious consequences, including increased likelihood of dropping out of school and coming into contact with law enforcement.

You should know that Vermont law encourages but does not require schools to offer educational services to students who have been suspended. Parents, guardians and students should still always ask schools to provide educational services during the period of exclusion. Schools may be required to offer educational services in some cases where the student being excluded has a disability. For more information, see the Students with Disabilities section below.

In addition, schools can report criminal conduct to the police and can press charges if students break the law.

What can I do?

If a student is under threat of short-term suspension, you should:

make sure there is an informal hearing before the suspension
save the written decision
request to receive school work during the period of suspension
contact a lawyer or advocate, especially if the student has a disability or the student has been suspended more than one time this school year

Expulsion

Expulsion is exclusion from school for the remainder of the school year or up to 90 school days, whichever is longer. Long-term suspension is exclusion from school for more than 10 school days. Expulsions and long-term suspensions are almost always served out of school.

Generally speaking, schools only expel students for very serious violations of the student code of conduct. Students who bring a weapon, such as gun or knife, to school or school activities, or who make bomb threats against the school, must be expelled for one calendar year, if approved by the school board after a formal hearing.

Due process for expulsion and long-term suspension

Before expulsion or long-term suspension, a student and his or her parents or guardians have the right to a formal hearing before the local school board. You can choose whether to have the formal hearing. Regardless of whether you request a formal hearing, an expulsion always needs to be approved by the local school board.

At the formal hearing, you must have the opportunity to present evidence in your favor. You must also have the chance to ask questions of the witnesses against them. Questioning the witnesses against you is called “cross examination.”

To get ready for the formal hearing, follow these steps:

Ask to see your student’s complete school record. You have a legal right to a copy of the student’s complete school file.
Try to talk to as many of the witnesses as you can before the hearing to find out what they are going to say.
Make a list of people who can be witnesses to help your side.
Plan your strategy for the hearing to prevent and/or minimize the length of your student will be excluded from school. Talk to the school about a shorter suspension instead of expulsion, community service, or other ways to make amends for a rule violation.
Ask for help if you need it! Friends, family and advocates can help you prepare. Contact us at Vermont Legal Aid with questions or if you are interested in legal representation.

Other rights before expulsion or long-term suspension include:

getting written notice of the charges against the student; the date, time and place of the formal hearing; the possible punishment the student may receive; and a statement of the student’s right to be represented by a lawyer at the hearing
getting a copy of all school records related to the student, and
receiving a decision in writing from the school.

Schools should not exclude a student from class or activities until these rights have been offered and actions completed. The only exception to this rule is if the student is an immediate threat to themselves, others, school property, or the school environment. A hearing should be held as soon as possible after the immediate exclusion.

Consequences of expulsion and long-term suspension

Exclusion from school has serious consequences. Students who are suspended or expelled are likely to fall behind in their studies at the very least. Suspension and expulsion from school has also been linked to more serious consequences, including increased likelihood of dropping out of school and coming into contact with law enforcement.

You should know that Vermont law encourages, but does not require schools to offer educational services to students who have been suspended or expelled. Parents, guardians and students should still always ask schools to provide educational services during the period of exclusion. Schools may be required to offer educational services in some cases where the student being excluded has a disability. For more information, see the Students with Disabilities section below.

A student who is expelled can seek to enroll in another school. But schools in the same or other districts may refuse enrollment of a student who has been expelled elsewhere.

In addition, schools can report criminal conduct to the police and can press charges if students break the law.

What can I do?

If a student is under threat of long-term suspension or expulsion, you should:

ask for a formal hearing from school officials in writing
demand continued inclusion of the student until the hearing is complete
contact a lawyer or advocate to be present at the informal or formal hearing.

Contact us at Vermont Legal Aid as soon as you think your child might be suspended for more than 10 school days or expelled.

Students with disabilities

A student with a disability can be suspended for 10 days or less without the school having to consider whether the disability contributed to the bad behavior.

A student with a disability cannot be suspended for more than 10 days (consecutive or cumulative) in a year, unless the school:

re-evaluates the student or
conducts a “manifestation hearing”

At a manifestation hearing, the individuals on the student’s 504 or IEP team meet to decide if the behavior displayed by the child has a direct or substantial connection to their disability. If the behavior that resulted in the suspension is not determined to have a connection to the child’s disability, the school may apply the same disciplinary actions it would for any student within the district. Students on IEPs must, however, continue to receive the tutoring and special education services determined by their IEP Team.

Parents and students should always ask for more appropriate services for the student.

For more details, see the special education law section of our website.

If your child has been out of school for more than 10 school days, contact the school about getting the student back to school as soon as possible. If the school refuses to reintegrate the student into school or provide out-of-school educational services for any reason, Contact us at Vermont Legal Aid for help.