What rights do you have if your student is being disciplined?

The school must contact you in your preferred language.
The school must offer to meet with you to discuss the situation and the consequence.
The school must allow your student to make up missed work if they are suspended.
The school is supposed to use discretion in deciding a consequence/resolution of the issue.

In-school suspension (removal from classroom) no more than 10 school days each year.

The school must notify you – in you in English and your preferred language – that it is suspending your student. The school must offer to meet with you on the day of the in-school suspension.
Before suspending, the school must tell your student the reason it thinks they broke the rules. Your student has the right to tell their side of the story. IF the school decides your student broke the rules and suspends them, the school must offer to meet with you to discuss your student’s academics, behavior and the best ways to get them back on track.
There is no right to appeal this suspension
Your student must be allowed to take any quizzes/tests missed during the suspension.

Short-term suspension (removal from the school) no more than 10 school days each year.

BEFORE the school can suspend your student, the school must notify you – in English and your preferred language – and invite you to a hearing.
At the hearing, the school must tell you why it plans to suspend your student and for how long. Your student has the right to tell their side of the story. If the school decides that your student broke the rules, you can suggest consequences other than suspension that better address the situation. For example, if your student allegedly vandalized a classroom; you could suggest that the student spend twenty-hours cleaning the school and/or school grounds.
There is no right to appeal this suspension
Your student must be allowed to take any quizzes/tests missed during the suspension.

IF your student was suspended once or several times over a school year for more than 10 total days, it counts as a long-term suspension and you have more rights see below.

Long-term suspension (IN or OUT of school) more than 10 school days per year, served either consecutively or cumulatively.

BEFORE the school can suspend your student, the school must notify you – in English and your preferred language – and invite you to a hearing.
At the hearing, the school must tell you why it plans to suspend your student and for how long. Your student has the right to tell their side of the story. You have the right to bring an attorney or an advocate to the hearing. You have the right to present your own evidence, question the school’s witnesses and bring your own witnesses.
If the school decides that your student broke the rules, the school must show that it tired an alternative to suspension before it can suspend. For example: mediation, conflict resolution, positive interventions/supports and restorative justice.
If you disagree with the school’s decision, you can appeal it. The school must put in writing their reasons for suspending your student and explain how you appeal. You have five (5) days to appeal unless the school agrees, in writing, to a longer time period.
Your student has the right to be educated during the suspension. If your student is being suspend for more than 10 days in a row, the school must provide other academic options to your student.

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

Meet Ellen

Attorney Ellen Marie Curran is an attorney licensed to practice in Massachusetts. Outside of work, Attorney Curran is an active participant in her community. She is a Museum Teacher Fellow for the United States Holocaust Memorial Museum (USHMM) in Washington, D.C. as well as a volunteer at the Stone Zoo in Stoneham, Massachusetts.