The General Assembly mandates that, barring emergencies, a student facing expulsion is entitled to a formal hearing in front of a hearing board within ten days after the proposed expulsion. An emergency exists if the student poses an unwarranted danger to a person or property or creates such a serious disruption to the educational process that the school needs to delay the hearing until after a suspension. Since expulsion is a more severe form of discipline, only local or regional school boards have the authority to expel a student. The following sections outline the procedures during expulsion proceedings to help parents understand their child’s legal rights.
Notice Requirements
When a student is recommended for expulsion, the local or regional school board must provide parents with written notice within 24 hours. This notice should detail the date and time of the expulsion hearing, clearly state the matters at hand, and include a list of free or reduced-fee legal services available in the area. Additionally, the board must provide all documentary evidence the administration plans to use during the hearing.
In preparation for the hearing, parents can carefully examine the school record stating the facts of the matter, speak with school witnesses to learn their testimonies, and arrange for additional witnesses, particularly those who can positively testify about the child’s character and perspective at the hearing.
Student Rights During the Hearing
Two main issues are addressed during the hearing: (1) whether the child should be expelled and (2) the duration of the expulsion if expulsion is decided. Under Section 10-233d, at least three members of the local board of education must preside over the expulsion proceedings. Alternatively, the board can delegate this task to an impartial hearing officer who is not a member of the appointing board. In either instance, neither board members nor the hearing officer should discuss the case outside the hearing. If the administration chooses to have an attorney present, it must select one who does not represent both the board and the administration.
The administration typically begins the proceedings by presenting the facts leading to the expulsion. Both the administration and the student have the opportunity to present evidence and cross-examine witnesses. After evidence presentation, board members may question both parties. Before reaching a decision, both sides can present further arguments regarding the expulsion.
The hearing officer can suggest one of three outcomes. First, they may recommend not expelling the student, allowing immediate return to school. Second, they might suggest expulsion, in which case the child cannot attend any district schools or participate in any school activities. The board can consider the student's disciplinary history when deciding the length of the expulsion but not when determining whether to expel the student. For instance, if a student is a first-time expellee, the board may shorten or waive the expulsion. Finally, they might recommend "suspended expulsion," where the student is formally expelled but allowed to continue attending school under probationary conditions. The administration can invoke this expulsion if further misconduct occurs.
Student Rights Post-Hearing
Connecticut statutes require a decision be rendered within 24 hours of the hearing. If expulsion proceeds, parents cannot appeal but have options for their child. For children under sixteen, the board must provide an alternative educational program during the expulsion. For those aged sixteen to eighteen, an alternative opportunity is available if the child wishes to continue education and meets board-set conditions. Schools are not required to offer alternative education if the student has been expelled before or was expelled for firearm or controlled substance possession. Eligible students can expect at least two hours of daily tutoring and instruction in core subjects such as English, mathematics, social studies, and science.
Additionally, parents may apply for their child’s admission to another school. However, the new school may deny the application by upholding the previous school’s decision without a new hearing or conduct an informal hearing to assess potential expulsion under its policies.
Parents can also petition for their child’s early readmission. While specific criteria for early readmission are undetermined, this decision lies with the local board or a superintendent who may establish specific criteria.
In conclusion, the student's cumulative educational record will reflect the expulsion and its associated misconduct. According to statutes, the record must be expunged upon graduating high school, unless the expulsion involved a firearm or a deadly weapon. If the expulsion was waived or shortened, the board may also choose to expunge the record upon the student’s completion of an administration-specified program.
Contact Us
If you have any questions regarding school expulsions 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.
