Parents whose child may be facing expulsion from school should be aware of certain legal rights that may help keep their child in the classroom.

Under Illinois law, a student can be expelled for "gross disobedience or misconduct." To determine the severity of the misconduct, the student's parents or guardian have the right to appear at a meeting of the school board, or with a hearing officer selected by the board, to discuss the student's alleged misconduct. The law states that the parent or guardian must be notified of this meeting by certified or registered mail, or delivery of the notice in person.

At the hearing, the reasons for the expulsion must be discussed. The student may be represented by an attorney who can present evidence and cross-examine witnesses in his or her behalf. The board makes the final decision on the appropriate course of action. An expulsion can last up to two years.

By law, a school board must provide written rules that give students information about conduct that may lead to expulsion. However, the law does not require the school board to describe in detail every specific act that may lead to expulsion. For example, a student handbook may state that "harming another student may lead to expulsion." If a student were to push another student, and that student falls down a flight of stairs and is hurt, the school board could determine that the student should be expelled because he or she knew that the general conduct - harming another student - could lead to expulsion.

In certain instances specific laws require the school board to act. For example, if a student is found to have brought a weapon to school or any school event or activity, the student must be expelled for one year.

The Safe Schools Act

When a school board expels a student it is not required to provide any educational services during the period of expulsion. (Certain exceptions apply to students with special education needs.) Rather than automatically forcing the student out of the school system entirely, Illinois passed the Safe Schools Act, which created a system of alternative schools for students with special needs or circumstances. The act was created under the premise that, in creating alternative schools for disorderly students, public schools could provide all students with a safer learning environment with minimum disruptions.

School boards determine whether or not a student will be placed in an alternative education program based on the unique circumstances of each case. The Safe Schools Act does not guarantee that an expelled student will be able to continue education in the public school system.

Should a student be transferred to an alternative school, personnel from both the sending school district and the alternative program, as well as the student’s parents or guardians will meet to develop an education plan for the student.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.