Baltimore, MD asked in Education Law for Maryland

Q: What due process are high school students entitled to if the school is trying to suspend them?

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1 Lawyer Answer
Ashley VanCleef
Ashley VanCleef
  • Education Law Lawyer
  • Frederick, MD
  • Licensed in Maryland

A: Depends on the length of the suspension.

For short term suspensions, there are 3 basic elements required. 1. Notice of the offense being charged. 2. opportunity for the student to refute the charge. and 3. an explanation of the evidence supporting the charge.

For long term suspensions or an expulsion: 1. written notice of the charges, 2. full evidentiary hearing, 3. right to legal counsel or adult representation, 4. opportunity to present witnesses and evidence, 5. opportunity to cross-examine witnesses (this does not include students), and 6. record is created for appeal purposes.

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