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Before expelling your child, the school must give you and your child an opportunity to have an expulsion hearing. The school must send you a notice of the expulsion hearing in writing. The notice must be sent by certified or registered mail. The notice must state the time, place, and reason for the hearing.
The expulsion hearing is run by either the school board or a hearing officer. In Chicago and many suburban school districts, a hearing officer runs the expulsion hearing. The hearing officer gives the school board a written summary of the evidence presented at the hearing. The hearing officer can give a recommendation to the school board, but the hearing officer does not make any disciplinary decisions. The school board, not the hearing officer, decides whether to expel a student and for how long. The school board typically votes on whether or not to expel a student at the next scheduled school board meeting after the hearing. In other districts, the school board conducts the expulsion hearing. It will not make the final decision on whether or not to expel your child until the end of the hearing.
At the hearing, the school must give you the reasons for your child's expulsion and the date the expulsion will start. You have the right to:
- Bring an attorney or advocate,
- Call witnesses,
- Present evidence, and
- Cross-examine the school’s witnesses.
You should let the school know if you intend to bring a lawyer or call witnesses at the hearing. If you want to bring an attorney but need time to find one, you should contact the school immediately to let them know and to ask to reschedule the hearing.
Before the hearing, you should ask whether the hearing will be recorded. Even though Chicago and some school districts record or use a court reporter at expulsion hearings, they do not have to do so. If you want to record an expulsion hearing, you should notify the parties present at the hearing ahead of time. If the school records the hearing, you should request a copy of the recording after the hearing.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the equal education library, sponsored by Greenberg Traurig.
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