Suspended? What Schools Must Tell You And Why They Cannot Just Kick You Out

Getting suspended feels terrible, but schools cannot just take you out of class without following certain rules. The Constitution protects you even inside a school building. In 1975 the Supreme Court decided a case called Goss v. Lopez, which said students have a right to due process. Due process means they cannot punish you without giving you basic fairness. This comes from the Fourteenth Amendment, which says no state can take away your liberty without due process of law.

Due process in school is actually pretty simple. Before they suspend you, the school must tell you what you are accused of and give you a chance to explain your side. This does not have to be a full legal trial, but it does have to be honest and fair. If the school never gave you a chance to speak, that can be a violation.

If the suspension is longer than ten days, the rules become even stronger. Long term suspensions and expulsions require more formal hearings. You have the right to bring evidence, tell your story, and challenge the school’s claims. Schools sometimes hope students do not know their rights, so they skip steps. When you know the rules, you can push back respectfully and say you want the process you are entitled to.

Schools cannot suspend you in retaliation for protected speech either. The First Amendment still applies in school as long as you are not causing a major disruption. Goss v. Lopez made it clear that the government cannot take away your education unfairly.

If you ever feel like things moved too fast or you were never heard, you can ask for a copy of the suspension paperwork and request a meeting. Bringing a parent or trusted adult helps. You are not powerless in these situations. The law gives you a voice.

Sources

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Rights of Students With Disabilities (Section 504 / IDEA)

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When Teasing Becomes Illegal: Your Rights Against Disability Harassment at School