This meeting is about the hearing and not about the behavior or the incident. This meeting is not required but it may be a good way to know what to expect. If the school board is not scheduled to meet before you have been out of school for 10 school days, it must hold an emergency meeting for your expulsion hearing.
If it does not, you can legally go back to school on the 11th school day. If you lose an expulsion hearing, you can appeal to Superior Court. These cases are very difficult to win. You should talk to a lawyer first. You have 30 days to appeal. Expulsion hearings are usually at night and may be part of a larger school board meeting.
Expulsion hearings are held in "executive session" in front of the school board and are closed to the public. The school board acts like a judge and will decide whether to expel a student by a majority vote. The school does not have to provide you with a lawyer. At the expulsion hearing, the school board may have their lawyer there even if you do not have one. You may want to talk to a lawyer of your own before the expulsion hearing. At the hearing, the school will go first.
It will have people talk about the reasons why they are recommending that the student be expelled. They will introduce evidence, including your discipline record.
You can object to what people are saying when they testify or the documents that the school is using. Typically, people object if they think that what the witness is talking about, or the documents, are not relevant to why the school is recommending expulsion. A student has a right to put on a defense after the school finishes presenting its reasons for recommending expulsion. All witnesses will have to swear to tell the truth before they are allowed to testify. If a student is expelled for specific number of school days, and they do not have a re-entry plan, they may simply return to school when the expulsion is over.
If a student has a re-entry plan, they will have to complete the required steps in the plan before they will be allowed to re-enter school. Once the student finishes the requirements of the re-entry plan, they need to ask to go before the school board. The student will need to show that the behavior that caused the expulsion will not be repeated.
The re-entry meeting before the school board can be requested when the student thinks they are ready, even if the principal or superintendent do not agree. The school board will decide whether to readmit the student. Board members are usually named on the school district's website. You can also call the administrative office of your school to find out who is on the school board.
A re-entry plan is to help a student prove that the behavior that caused them to get expelled will not happen again. If a student is invited to a meeting to make a reentry plan, and they do not go, the school will write one for the student without their input. Catholic school. During your suspension pending an expulsion recommendation decision by your Principal, you will be assigned to a program for suspended students.
Your Principal will suspend you first, then investigate, and then make a recommendation on whether or not you should be expelled. A recommendation to expel means that there will be a hearing before the school board trustees to determine if you will be expelled this process is described later on.
The expulsion will last 21 school days or more. If the board decides to expel you from your own school only, you must be assigned to another school in the school board. The Principal will have input into which school would benefit you. At the end of the expulsion you can ask to return to your own school, however, many schools do not allow students to return after being expelled.
The day the expulsion starts is the day you were suspended pending an expulsion. For example, if you are given a 90 day expulsion and you have already been suspended for 20 days while you waited to find out if you are expelled, then you only have 70 more days before the expulsion is over. This means that you are not allowed to attend any school or school-related activities in any school of your school board.
If you receive this kind of expulsion you will be assigned to a program for expelled students. Once you have successfully completed the program or satisfied the objectives of those programs in another way, you can return to school. You can apply to another school board if you have received an expulsion from all the schools in your school board, however, they will know about your expulsion and may not accept you until you complete their program for expelled students.
The Principal must consider an expulsion if you:. If the incident involves a criminal act, the Principal may also have to notify the police.
Whatever you say to the Principal can be passed on to the police. You do not have to answer any questions the police ask you, and you have the right to have a parent or other adult with you when the police question you. In addition to a suspension or expulsion, the police may also charge you. Your Principal does not always have to recommend an expulsion and the school board does not have to expel you.
Some of the things they must take into account are whether:. Your Principal and the school board are required to take into account any special or mitigating circumstances you may have when determining whether you should be expelled, for how long, and the type of expulsion.
They must also make sure they have accommodated any disabilities that you have — see our pamphlet on Special Education. First, the Principal will suspend you for 20 days pending an investigation. The Principal must tell you, your teachers, your parents or legal guardians unless you are 16 or 17 years old and have withdrawn from parental control, or you are over 18 years old that you have been suspended.
You must also receive written notice. The letter must say why you are suspended, for how long, and if the Principal is carrying out an investigation for a possible expulsion. The letter will also tell you which suspended students program you are being referred to while the investigation is taking place. You should attend the program to keep up with your school work while you are waiting. If the Principal does not recommend an expulsion, the Principal must give you written notice of this decision and you can return to school once the suspension period is over.
You should also be told that you can now appeal the suspension; because you cannot appeal the suspension until after the non-recommendation decision has been made. If the Principal recommends expulsion, they will prepare a report and refer the matter to the school board for a hearing; and the hearing committee will decide if you should be expelled.
As part of the investigation, the principal must make all reasonable efforts to speak with you and your parents unless you are 16 or 17 years old and have withdrawn from parental control, or over 18 years old and any other person who may have relevant information, such as other students or teachers who were witnesses.
If the Principal recommends that you should be expelled after their investigation, they must prepare a report containing:. A copy of this report must be given to you, and to your parents or guardians unless you are 16 or 17 years old and have withdrawn from parental control, or you are over 18 years , and any other person specified in the school board policy for example, safe schools personnel. You are entitled to know who the Principal spoke to.
If the report does not include these name and a summary of what they said, you should ask for this information. You can and should attend the hearing.
A committee of at least three school board trustees will listen to both sides at your hearing and make a decision about whether or not to expel you. The hearing must be held within 20 school days of the original suspension unless everyone agrees to an extension.
If more than 20 school days have passed without a hearing or an agreement to extend the deadline, you can return to school. You should not agree to an extension until after you speak to a lawyer.
Signing this document does not mean that the expulsion process is over because it is only an agreement between you and the school board. The trustees will still hold an expulsion hearing and they will have a choice as to whether or not they wish to accept the Minutes of Settlement or to make different conclusions. The Minutes of Settlement may also contain a release clause which says you cannot make any other future claims against the school board, including a Human Rights complaint.
If you have criminal charges, talk to your criminal lawyer first. Each school board can decide on its own hearing process, but they must provide you with a copy of their procedures and information on their process. At the hearing, both the Principal and the school board trustees may have a lawyer.
The Principal will present evidence to the trustees about why you should be expelled. The Principal must be specific in showing what evidence they considered for making their recommendation; they can not just summarize what they think happened. For example, the Principal can not just say you had drugs; they have to say what was found, where it was found and how the Principal knows it is an illegal drug.
The Principal must also explain any special or mitigating circumstances they considered and why an expulsion is the right outcome. The school will strongly encourage your child to have a parent, carer, support person or independent person to help them.
The law recognises that as children become older and more mature, they are more capable of making their own decisions. If your child asks to represent themselves during the expulsion process, the principal will need to determine if:.
Before considering an expulsion and during the process, the school can explore interventions and supports. These can include:. You are likely to know what may trigger certain behaviour in your child.
This information will help the school respond and prevent issues from escalating. The principal must tell you their decision within two business days after the behaviour support and intervention meeting. If your child is eight years old or younger, the secretary of the Department must approve an expulsion. This is because we recognise how important it is for very young students to be supported to stay in school.
A final decision will be given within 10 business days of the behaviour support and intervention meeting. The principal will give you an expulsion appeals form at the same time as the notice of expulsion. You must complete and sign the form and give it to the principal within 10 business days of receiving a notice of expulsion. Your appeal will go to the area executive director for consideration. They may convene a panel to consider your appeal.
You and your child will be invited to attend a meeting of the panel and give your reasons for the appeal. You can also bring a support person to the review panel. You can ask to speak to a regional engagement coordinator about support for yourself or your child.
Contact your nearest regional office. You can read the expulsion information given to schools. Our website uses a free tool to translate into other languages. This tool is a guide and may not be accurate. For more, see: Information in your language. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Skip to content. Return to home page For parents. Page Content. The student: behaves in such a way as to pose a danger to the health, safety or wellbeing of any person, whether actual, perceived or threatened causes significant damage or destruction of property commits theft of property, attempts to commit theft of property, or is knowingly involved in theft of property possesses illicit substances or weapons, uses illicit substances or weapons, or assists another person to use illicit substances or weapons fails to comply with any clear and reasonable instruction of a staff member, so as to pose a danger to the health, safety or wellbeing of any person, whether actual, perceived or threatened.
What the principal will do Only principals can expel students. They must follow a set process.
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