Suspension Grievance

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School Discipline
(What are my student’s rights when facing a suspension or expulsion?)
Is suspension the only option for school discipline?
NO! Schools should be focused on constructively addressing student misbehavior and preventing future
incidents. This can be effectively done through the use of parent/student conferences, peer mediation,
behavior contracts, conflict resolution, community service, loss of privileges, and other interventions that do
not take away a child’s education.
What rights does my student have when facing a suspension?
It depends on the nature of the suspension. Short-term removals like bus suspensions, in-school suspensions,
and short-term suspensions trigger fewer rights than long-term suspensions or expulsions.
Bus Suspension
o Definition: A student can go to school, but cannot ride the bus to get there.
o Rights: There is no formal right to appeal (challenge) a bus suspension.
GOLD STAR TIP: If a student has an Individualized Education Program (IEP), a
parent/guardian can request that special transportation be added to the child’s IEP if the
misbehavior leading to the bus suspension is related to the student’s disability.
In-School Suspension (ISS)
o Definition: A student can go to school, but is sent to a separate classroom in the school.
o Rights: There is no formal right to appeal an ISS.
GOLD STAR TIP: If a student has an IEP, he must continue to receive all services in his
IEP while placed in ISS. If these services aren’t provided, an ISS may trigger extra
See “Special Education and School Discipline”)
protection under the law. (
Short-Term Suspension (STS)
o Definition: A student cannot go to school for 10 days or fewer.
o Rights: There is no formal right to appeal an STS. All students facing STS have the right to:
1. An explanation of why they’re being suspended (i.e. what school rule they broke and what
evidence the school has);
2. Tell their side of the story; and
 Note: This can be a very informal conversation between a student and administrator
3. Take books home, get homework, and make up tests missed during the suspension.
 Note: Someone else must pick up work for the student. Absent explicit permission
from an administrator, a student is not allowed on school grounds while suspended.
GOLD STAR TIP: Students with IEPs who have been STSed for more than 10 days total
in a school year have extra rights, including continued access to educational services and not
See “Special Education and School Discipline”)
to be suspended for disability-related conduct (
Creative advocacy for bus suspensions, ISS, and STS
Even though there is no formal right to appeal these suspensions, parents/guardians can take steps to reduce
the harms of suspensions and prevent future issues:
Request a meeting to ask for a different consequence and/or create a plan to prevent future issues.
If your child has an IEP, request a functional behavioral assessment (FBA) and behavior intervention
(See “Special Education and School Discipline”)
plan (BIP) as needed to prevent future issues.
If your child does not have an IEP and the behaviors appear to be disability-related, request
(See “Special Education Eligibility”)
an evaluation to determine eligibility
If school policies weren’t followed or rights weren’t afforded, file a formal grievance.
(Sample attached)

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