Education Law

In-school and out-of-school suspensions in Pennsylvania are generally limited to a maximum of ten consecutive school days. If the school wishes to suspend a student for longer, it may require a formal hearing for an expulsion.

A suspension is a temporary removal from the school environment, while an expulsion is a permanent removal. Expulsions can only occur after a formal hearing process, where the student has the opportunity to be represented by an attorney, present evidence, and cross-examine witnesses.

Yes, students with disabilities have additional protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

Alternative education programs are designed for students who are removed from their regular school environment due to disciplinary issues. Placement in such programs should be appropriate to the student's needs and cannot be indefinite without a formal review process.

If you believe your rights have been violated, you should document all interactions with the school, gather any relevant evidence, and consider contacting a legal aid organization that specializes in student rights. 

No, Pennsylvania law requires that students facing expulsion must be given a formal hearing. For suspensions longer than three days, an informal hearing is typically required.

During a disciplinary hearing, the school will present evidence of the alleged misconduct, and the student will have the opportunity to respond, present their evidence, and question any witnesses. The hearing is usually before the school board or a hearing officer.

If you disagree with the decision, you may have the right to appeal to the school board or a higher authority, such as the Pennsylvania Department of Education or the courts.