Post Expulsion

Even if the appeals and judicial review are unsuccessful, an attorney can still advocate for the needs of the student. Although there is no statutory or judicially-created right to alternative education for most students who have been suspended, many districts have alternative education programs, both public and private. Advocacy can sometimes help a student land a spot at one of these alternative programs. Moreover, if a child has identified special needs, he/she has the right to continued educational services pursuant to the Individuals with Disabilities Education Act during periods of suspension. An attorney can help the parents negotiate alternative educational services that constitute a “free, appropriate public education.”

Students who have been expelled from school (i.e., permanently removed) may request the school board to reconsider the expulsion “at any time after the first July 1 that is at least six months after the board’s decision to expel” the student. N.C.G.S. §115C-391(d). Having an attorney assist with this request would undoubtedly increase the chances of success. Begin by writing a letter to the Chair of the Board on behalf of the student; ask for an opportunity to appear at a Board meeting. Again, the student should be prepared to make a statement: why he wants to come back to school, why he is not a threat to the staff and students, what he has been doing since his expulsion, why the board should allow him back, etc.

Finally, a student may be able to have his or her discipline record expunged. The statute allows the district to expunge a discipline record if the student has gone two years without a disciplinary infraction or if he/she has graduated, and if “the superintendent or the superintendent’s designee determines that the maintenance of the record is no longer needed to maintain safe and orderly schools . . . [or] to adequately serve the child.” N.C. G.S. § 115C-402(b).