When a child is suspended from school it directly affects the student's learning. When a child is suspended from school they are deprived of valuable instruction from their teachers. Most frequently, students suspended from school are behind and struggling academically. Clearly understanding the direction from the school disciple code is critical in moving through the suspension or expulsion steps. Ultimately seeking a direction that can supports a positive student behavior plan coupled with attention to reaching graduation from high school should become the focus for the family and the student involved in the suspension from school.

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Education Law, also known as School Law, is the body of law that governs students, schools, school districts, and school boards. All states are required to provide a school system, and each state develops and operates its own individual education programs in compliance with state laws. The federal government also plays a role in education law. The United States Department of Education monitors the distribution of federal financial aid for education, focuses national attention on key educational issues and ensures that students are given equal access to school programs.

The Scope of Education Law

Education Law encompasses a number of different legal issues, from liability disputes to complex questions of Constitutional Law. A large segment of Education Law concerns the employment of teachers and school administrators. Employment and labor disputes within schools are governed primarily by the Americans with Disabilities Act, the Fair Labor Standards Act and Title VII, which addresses discrimination and sexual harassment in the workplace. Other important Education Law topics involving primary and secondary schools include state and federal curriculum standards and testing procedures, school finance and school safety. Issues encountered in higher learning institutions, such as colleges and universities, include tuition disputes, student rights of association, discrimination and the validity of affirmative action programs.

Education Law and the Constitution

A number of Constitutional Law concerns arise in connection with the education system, specifically those surrounding the First, Fourth and Fifth Amendments of the United States Constitution. First Amendment issues in Education Law involve government funding of religious institutions, the role of school prayer and religious teaching in public schools and the boundaries of student speech and expression while on school grounds. The Fourth Amendment arises in connection with student rights and liberties. Fourth Amendment issues include whether school officials may lawfully search a student's person, backpack, desk or locker. Finally, the Fifth Amendment, which ensures that no person shall be deprived of life, liberty or property without due process of the law, is considered by courts in connection with employment disputes, as well as procedures for student suspension and expulsion.

Special Education

Special education laws give children with disabilities equal access to the education system. Special education is governed primarily by the federal Individuals with Disabilities Education Act (IDEA). IDEA provides for the development of individualized education plans for students who are identified as having special needs. Students with disabilities under IDEA include those with mental retardation, hearing, speech or vision impairment, serious emotional disturbance, orthopedic impairment, autism, traumatic brain injury, specific learning disabilities or other health impairments as defined by the Act. IDEA also provides for dispute resolution with the school district through an impartial administrative and legal process.

No Child Left Behind Act

The No Child Left Behind Act (NCLB), enacted in 2001, has served as a significant impetus for curriculum change and school reform across the United States. The NCLB Act stresses school accountability for student performance, by rewarding schools with high-performing students and working to restructure schools with students that fail to reach NCLB testing standards. The NCLB Act also allows parents of children at low-performing schools to attend schools in other districts. Other reforms enacted by the NCLB Act include more flexible use by schools of federal education funds and increased funding for early reading programs. The NCLB Act has been criticized for imposing stringent testing obligations on public schools.

Below is information found on line at Justia Law

§ 7-305.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) (1) In accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal.

(2) The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period.

(3) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle.

(b) At the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student.

(c) (1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent.

(2) The county superintendent or the county superintendent's designated representative promptly shall make a thorough investigation of the matter.

(3) If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent's designated representative promptly shall arrange a conference with the student and his parent or guardian.

(4) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle.

(5) If after the conference the county superintendent or the county superintendent's designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student's parent or guardian may:

(i) Appeal to the county board within 10 days after the determination;

(ii) Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under § 6-203 of this article; and

(iii) Bring counsel and witnesses to the hearing.

(6) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board.

(7) The appeal to the county board does not stay the decision of the county superintendent.

(8) The decision of the county board is final.

(d) (1) Any student expelled or suspended from school:

(i) Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and

(ii) May not participate in school sponsored activities.

(2) The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian.

(3) Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

(4) (i) If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian.

(ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher's classroom.

(5) A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion.

(6) A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information.

(e) (1) In this subsection, "firearm" means a firearm as defined in 18 U.S.C. § 921.

(2) Except as provided in paragraph (3) of this subsection, if the county superintendent or the superintendent's designated representative finds that a student has brought a firearm onto school property, the student shall be expelled for a minimum of 1 year.

(3) The county superintendent may specify, on a case by case basis, a shorter period of expulsion or an alternative educational setting, if alternative educational settings have been approved by the county board, for a student who has brought a firearm onto school property.

(4) The State Board shall adopt regulations to implement this subsection.

(f) (1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code.

(2) If a child with a disability is being considered for suspension or expulsion, the child or the child's parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board.

(g) (1) This subsection does not apply if the student is referred to the Department of Juvenile Services.

(2) If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian and any other appropriate person, the principal shall require the student or the student's parent to make restitution.

(3) The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student's assignment to a school work project, or both.

** SPECIAL NOTE: CONTINGENCY - CHAPTER 345 OF 1995, CHAPTER 323 OF 1996 AND CHAPTER 414 OF 2005 **

(a) (1) In accordance with the rules and regulations of the county board, each principal of a public school may suspend for cause, for not more than 10 school days, any student in the school who is under the direction of the principal.

(2) The student or the student's parent or guardian promptly shall be given a conference with the principal and any other appropriate personnel during the suspension period.

(3) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle.

(b) At the request of a principal, a county superintendent may suspend a student for more than 10 school days or expel the student.

(c) (1) If a principal finds that a suspension of more than 10 school days or expulsion is warranted, the principal immediately shall report the matter in writing to the county superintendent.

(2) The county superintendent or the county superintendent's designated representative promptly shall make a thorough investigation of the matter.

(3) If after the investigation the county superintendent finds that a longer suspension or expulsion is warranted, the county superintendent or the county superintendent's designated representative promptly shall arrange a conference with the student and his parent or guardian.

(4) The student or the student's parent or guardian promptly shall be given a community resources list provided by the county board in accordance with § 7-310 of this subtitle.

(5) If after the conference the county superintendent or the county superintendent's designated representative finds that a suspension of more than 10 school days or expulsion is warranted, the student or the student's parent or guardian may:

(i) Appeal to the county board within 10 days after the determination;

(ii) Be heard before the county board, its designated committee, or a hearing examiner, in accordance with the procedures established under § 6-203 of this article; and

(iii) Bring counsel and witnesses to the hearing.

(6) Unless a public hearing is requested by the parent or guardian of the student, a hearing shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the board.

(7) The appeal to the county board does not stay the decision of the county superintendent.

(8) The decision of the county board is final.

(d) (1) Any student expelled or suspended from school:

(i) Shall remain away from the school premises during those hours each school day when the school the student attends is in session; and

(ii) May not participate in school sponsored activities.

(2) The expelled or suspended student may return to the school premises during the prohibited hours only for attendance at a previously scheduled appointment, and if the student is a minor then only if accompanied by his parent or guardian.

(3) Any person who violates paragraph (1) or (2) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

(4) (i) If a student has been suspended or expelled, the principal or a designee of the principal may not return the student to the classroom without conferring with the teacher who referred the student to the principal, if the student was referred by a teacher, other teachers as appropriate, other appropriate school personnel, the student, and the student's parent or guardian.

(ii) If the disruptive behavior results in action less than suspension, the principal or a designee of the principal shall confer with the teacher who referred the student to the principal prior to returning the student to that teacher's classroom.

(5) A county superintendent may deny attendance to any student who is currently expelled from another school system for a length of time equal to that expulsion.

(6) A school system shall forward information to another school system relating to the discipline of a student, including information on an expulsion of the student, on receipt of the request for information.

(e) (1) The discipline of a child with a disability, including the suspension, expulsion, or interim alternative placement of the child for disciplinary reasons, shall be conducted in conformance with the requirements of the Individuals with Disabilities Education Act of the United States Code.

(2) If a child with a disability is being considered for suspension or expulsion, the child or the child's parent or guardian shall be given a community resources list attached to the procedural safeguards notice required by regulation of the State Board.

(f) (1) This subsection does not apply if the student is referred to the Department of Juvenile Services.

(2) If a student violates a State or local law or regulation and during or as a result of the commission of that violation damaged, destroyed, or substantially decreased the value of school property or property of another that was on school property at the time of the violation, as part of a conference on the matter with the student, the student's parent or guardian and any other appropriate person, the principal shall require the student or the student's parent to make restitution.

(3) The restitution may be in the form of monetary restitution not to exceed the lesser of the fair market value of the property or $2,500, or the student's assignment to a school work project, or both.