When your child is facing suspension or expulsion, the school district might make you feel powerless—but you are not. As a parent, you have legal rights, and your child has protections under federal and state education law. Understanding those rights is the first step in fighting for your child’s future.
At The Hull Firm, we help families across Georgia protect their children during school discipline proceedings. Whether you’re looking for a student rights lawyer, a special education attorney, or a school suspension lawyer for students with disabilities, we are here to guide you.
1. Your Child Has a Right to Due Process
Whether the punishment is a short-term suspension (less than 10 days), long-term suspension, or expulsion, public schools must follow certain procedures before removing a student from school. This is called due process.
Short-term suspension:
- Your child is entitled to know what they are accused of.
- You have the right to challenge the accusation and provide your side of the story.
- A hearing is not always required, but a basic explanation and chance to respond must be provided.
Long-term suspension or expulsion:
- Your child is entitled to a formal disciplinary hearing, often called a tribunal hearing in Georgia.
- You must receive notice in writing with enough time to prepare.
- You have the right to bring evidence, question witnesses, and have legal representation.
Tip: If your child has a disability or an IEP, additional protections apply. You may need a manifestation determination attorney to help argue that the behavior was caused by the disability.
2. Students With Disabilities Have Extra Protections Under IDEA and Section 504
If your child receives special education services, federal law gives them additional protections. Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, schools cannot simply suspend or expel your child without first determining whether the behavior was a result of their disability.
This is called a Manifestation Determination Review (MDR).
At an MDR, the school must answer two key questions:
- Was the behavior caused by or directly related to your child’s disability?
- Did the school fail to follow the IEP?
If the answer to either is yes, your child cannot be expelled or moved to a different placement for more than 10 days.
If your child is being disciplined and has an IEP or 504 Plan, consult a manifestation determination lawyer, special education attorney, or IEP attorney near you to help protect their placement and services.
3. You Have the Right to Review Educational Records
Under FERPA (Family Educational Rights and Privacy Act), you can request and review all records the school is using to justify the suspension or expulsion. This includes:
- Disciplinary records
- Incident reports
- Witness statements
- Emails and video footage (if available)
Ask for these records in writing and keep copies of all communications.
4. You Can Appeal the Decision
If your child is suspended or expelled after a hearing, you do not have to accept the decision. In Georgia, you may appeal to:
- The Local Board of Education
- The State Board of Education
- In some cases, State Court
A skilled student discipline attorney or education law firm can guide you through this appeals process and help present your strongest case.
5. Schools Must Still Provide Educational Services
Even during suspension or expulsion, your child has a right to continue learning. If they have an IEP, the school must provide FAPE (a Free Appropriate Public Education). This often includes alternative placements, virtual learning, or specialized tutoring.
If the school has cut off access to instruction, you may need to file a due process complaint or state education complaint to enforce your rights.
Get Help from a Student Rights Lawyer Today
Facing school discipline without legal support can be overwhelming. At The Hull Firm, our team of special education attorneys, IEP lawyers, and student discipline attorneys helps families across Georgia fight wrongful suspensions and expulsions.
We represent students in:
- Atlanta, Athens, Columbus, Macon, Savannah, Augusta, and across Georgia
- Virtual hearings and online IEP meetings
- Tribunal hearings, manifestation determination reviews, and discipline appeals
Call us today for a free discovery call with Attorney Nicole Hull, the Cool Kids Advocate, or visit www.thehullfirmllc.com to learn more.
