In the landmark case of Goss v. Lopez, the United States Supreme Court established the procedural legal rights of students facing suspension. The case involved eight students suspended without a hearing following student unrest. The Court determined that students must receive notice of the suspension reasons and an informal hearing to present their side.
Notice Requirements
The Connecticut General Assembly aligns with the Goss decision by mandating that school officials notify parents within twenty-four hours of a proposed suspension. Before the suspension, except in emergencies, students are entitled to notice and an informal hearing with an administrator to discuss their perspective. An emergency is defined by Connecticut statutes as a situation where the student poses an unwarranted risk to individuals or property or disrupts the educational process. In such cases, the hearing should occur as promptly as possible after the suspension.
The hearing offers students a chance to convince the school administration to dismiss or reduce the suspension. Parents can support their child by preparing a strategy that addresses the allegations, such as demonstrating that the conduct did not meet the criteria for suspension or that the behavior did not seriously disrupt the educational process.
If a student's behavior is deemed inappropriate, they may appeal to mitigating factors identified by the State Department of Education to seek an in-school suspension or to reduce the suspension's duration. The approach to contesting a suspension will vary based on the student's specific circumstances.
Post-Hearing Rights
In Connecticut, once a suspension is authorized post-hearing, parents cannot appeal the decision. However, the school must allow the student to complete missed homework and exams during the suspension period. Statutory guidelines also prevent schools from issuing more than ten out-of-school suspensions or suspensions exceeding fifty days in a school year without a formal hearing. The limit for in-school suspensions is fifteen instances or fifty days.
If an in-school suspension is issued, parents should be aware of the Department of Education's guidelines for effective programs. These programs should prioritize academic focus, with students grouped by age or grade under the supervision of a qualified individual. A low student-to-teacher ratio and certified instruction in essential subjects like math and reading are recommended to ensure academic continuity. Students should also have access to schoolwork from their regular classroom.
Additionally, effective programs should include counseling services to aid students in correcting inappropriate behavior. Access to guidance counselors, social workers, or psychologists is crucial. Quality programs should aim to help students manage emotions, navigate challenges more effectively, and build positive relationships within the school environment.
Contact Us
If you have any questions about your child's rights when facing a school suspension in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
