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Does a suspended or expelled student have any rights?

UPDATED: February 20, 2013

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Because suspension or expulsion may have serious long term implications, the student or his or her parent or guardian generally may retain the services of a lawyer to represent the student.

The 14th Amendment of the United States Constitution requires that a public school student be given oral or written notice of the charges against him or her, and, if he or she denies them, the school authorities must provide an explanation of the evidence they have and the student may be granted an opportunity to present his side of the story.

The necessary notice and hearing may occur immediately following the misconduct. In addition, many states have laws granting students the right to notice of the charges against them and to a hearing before he or she is suspended or expelled from school for misconduct.

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