What Are Parents’ Rights in Public School Expulsion Cases?

Young people in Colorado have the right to attend public school. When a student is accused of engaging in misbehavior on or off school grounds, there are various disciplinary measures available to the district under state law. The most severe sanction a school system can issue is expulsion. Statutory grounds to expel a student include conduct that puts others in danger, continued willful disobedience, persistent open defiance of authority, destruction of school property and habitual disruption of school activities.

Expulsion from a public school must follow a detailed process created to ensure that students and their families are treated fairly. Some of the protections established to prevent a youth from being expelled without proper cause include the following:

• Right to an expulsion hearing — When a school district seeks to expel a student, parents, guardians or legal custodians have the right to an expulsion hearing. At the hearing, families have the right to present evidence, challenge the school’s allegations, and cross-examine witnesses. Families must receive proper notification of the hearing, including details about the time, date and location.
• Impartial hearing officer — Colorado law mandates that the hearing officer overseeing the expulsion process must be impartial and free of conflicts of interest. This requirement helps to ensure that decisions are made based solely on the facts presented during the hearing.
• School district has burden of proof — The school district must show by a preponderance of the evidence, that the student violated the school district’s rules or state law. Families are not obligated to prove the student’s innocence, but they can challenge the school district’s evidence.
• Factors that must be considered — Due to the fact that expulsion is such an extreme punishment, the hearing officer is required to examine several factors before removing a child from school, such as the youth’s age, maturity and prior disciplinary history. Many students who are targeted for expulsion have disabilities, so the officer must also take any disability into account, as well as whether counseling or suspension can effectively address the alleged violation. 
• Right to counsel — Facing expulsion can have lasting consequences on a student’s education and future opportunities. You have the right to retain an attorney experienced in school law to challenge the case brought against your child and advocate for alternative solutions.

The Law Offices of Bonnie E. Saltzman, LLC in Greenwood Village represents families in a wide range of school law matters, including expulsion proceedings. To arrange a free no-obligation consultation, please call 720-388-1565 or contact us online.