Does a suspended or expelled student have any rights?

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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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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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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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