Can a student be suspended or expelled from a public school?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

A student has the right to attend a public school. Such right of attendance may be taken away if the student fails to comply with reasonable regulations, requirements, and rules of the school. A student’s failure to abide by such rules may result in the student’s suspension or expulsion. Usually, the school authorities have the right to define the reasons for which a student can be suspended or expelled. Generally, it is the responsibility of the principal or teacher in charge of the public school to order suspension or expulsion.

Some of the reasons for suspension or expulsion may be:

  • Insubordination or misconduct subversive of the discipline of the schoo;
  • The sale or use of controlled substances or alcohol on school premise;
  • The use of profane or obscene languag;
  • Violent behavior, such as fightin;
  • Under appropriate regulations for absences or tardiness without satisfactory excuses.

Case Studies: Student Suspension and Expulsion

Case Study 1: Violation of School Policies

Michael, a high school student, repeatedly violates the school’s policy on substance abuse. Despite multiple warnings and counseling sessions, he continues to bring prohibited substances to school. As a result, the school authorities decide to suspend him for a specified period to enforce disciplinary action.

Case Study 2: Physical Altercation

Sarah and Emma, two middle school students, engage in a physical altercation during lunch break. The incident is captured on school surveillance cameras, and it is evident that both students were involved in initiating the fight. The school administration decides to expel both students to maintain a safe and secure environment for other students.

Case Study 3: Persistent Bullying

John, an elementary school student, has been persistently bullying his classmates for several months. Despite interventions and counseling, his behavior does not improve. The school determines that John’s continued presence poses a threat to the well-being of other students and decides to expel him in order to protect the safety of the school community.

Case Study 4: Weapons Possession

During a routine bag check, a teacher discovers that Alex, a high school student, is carrying a weapon on school premises. The school follows its zero-tolerance policy for weapons and immediately suspends Alex pending a thorough investigation. After confirming the possession of the weapon, the school authorities decide to expel Alex, prioritizing the safety of all students.

For more on this subject see:

Does a suspended or expelled student have any rights?

Can a school official search a students locker?

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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