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Should You Contact a Lawyer for an Expulsion Hearing

February 20, 2020 | Written by Dan Margolis

Few things are as important as your child’s education. If an expulsion or suspension threatens your child’s education, you will want to fight back. Although an attorney cannot represent your child at the initial expulsion hearing, having sound legal advice can lead to a favorable outcome. And, if you lose at the initial hearing, your lawyer can start the formal appeals process.

The Law Office of Daniel M. Margolis, LLC is committed to protecting children’s right to education. When overzealous school administrators overreact or false accusations result in disciplinary action, the consequences can be severe. We can help protect your child from expulsion or suspension, and fight to make sure their education is not interrupted.

Daniel M. Margolis has more than 15 years of experience helping parents and students in Ohio with education-related legal matters. For a free consultation about Ohio expulsion hearings and appeals, call attorney Margolis at (216) 533-9533.

Violations That Lead to Discipline Hearings

In Ohio, local boards of education have discretion in making their own policies for suspension and expulsion. The Discipline Code of your child’s school will provide for expulsion or suspension as a punishment for certain violations. However, State law limits the length of a suspension to 10 days for most offenses.

A school board superintendent has the authority to expel your child for up to 80 days for serious misbehavior, and up to one year for possession of a knife, making a bomb threat, or committing a violent criminal offense. Additionally, expulsion could be mandatory if your child brings a firearm to school.

A child may be permanently expelled from the school system in extreme situations, but only if they are over 16 and have committed a serious act of delinquency.

Your Child Deserves Due Process

The school board cannot expel your child without following certain procedures. Doing otherwise would violate your child’s rights.

The school must meet the following requirements during the expulsion process:

  • Provide you and your child written notice of their intent to expel, and specifically state the reason why
  • Give you and your child the possibility of challenging the allegations and presenting evidence
  • Schedule an expulsion hearing no more than five days after giving notice

At this point, a lawyer cannot represent your child. But their advice can vastly enhance your chances of avoiding expulsion.

Your lawyer can review the school’s code of conduct and your child’s records to determine if the available evidence actually shows a violation, or if there are mitigating factors that you can bring up at the hearing.

The evidence supporting the school’s allegations may be strong. But this doesn’t mean you should give up. Your attorney can advise you about asking for alternatives to expulsion, like community service, counseling, substance abuse treatment, or anger management. This is your opportunity to effectively advocate for your child and show the possibility of alternative solutions.

A Lawyer Can Appeal the Expulsion

If the school board decides to expel your child, your lawyer can assist you with filing an appeal. It’s not just about keeping your child in school, it’s about ensuring that their school records don’t include the expulsion, which can later affect their higher education and career.

Let an Experienced Ohio Expulsion Lawyer Help

At the Law Office of Daniel M. Margolis, LLC, we believe that we can have a positive effect on children’s lives by advocating for their rights. We will do everything in our power to fight their expulsion or suspension and keep your child in school.

If you received a notice for a suspension or expulsion hearing, call (216) 533-9533 today for a free consultation.

Attorney Margolis is not currently providing free consultations nor accepting new clients. Please be advised that contact form submissions and calls may not be returned.