Zero tolerance and similar harsh rules have resulted in more school suspensions than ever before. In the year 2000, there were more than 3 million suspensions imposed on the nation’s public school children, according to the National Center for Education Statistics. This represents 6.6 percent of the enrollment. Nearly 2.2 million of those 3 million suspensions were imposed on boys.
It is hard to pinpoint exact numbers of students suspended, because it is the number of suspensions that is reported, not the number of students suspended. One student could, and often does, receive multiple suspensions.
Boys in particular are vulnerable to rules that make any physical contact grounds for suspension. Imagine my surprise when my middle schooler came home from gym and told me of the new signs there threatening suspension for any “horseplay.” And then he told me that an administrator announced in the cafeteria that henceforward anyone who doesn’t quiet down immediately upon his asking the group to be quiet would go home for a day. Yet even with such excesses, my son’s middle school does not have the highest suspension rates in the county. What is a parent to do when his or her child is suspended for reasons that seem utterly ridiculous? It would be a travesty to allow the suspension to remain on the child’s record, leaving the parent with little choice but to appeal.
Here are some tips for appealing suspensions from a parent-attorney who has had unjustifiable school suspensions overturned. Please note the statement at the end of this article explaining that this information does not constitute legal advice. Every suspension is different and this article at best can give you ideas on how to fight your child’s suspension and win if you believe it to be unwarranted. This article does not address specific laws and policies applicable to your school or school district.
The Notice
When your child is suspended you will be notified. Usually you will be notified by phone with a follow-up letter. Pay close attention to the details stated in any written notice. These constitute the official reason(s) your child has been suspended. It is important to note that the reason(s) stated in the letter are the only reason(s) for the suspension. If you successfully prove these reason(s) are inadequate, the school cannot change its rationale and cite some other cause to justify this suspension.
The Process
Different school districts may have more or less formal approaches to dealing with student suspensions. The notice you receive informing you of the suspension should state the process for challenging or appealing the suspension. You may have an informal opportunity to meet with the administrator who imposed the suspension as well as the opportunity to file a written appeal. Take advantage of all opportunities to show that the suspension is not warranted. Pay careful attention to any time limits. Failure to appeal within the required time limits obliterates your right to appeal.
Prepare for the Meeting
Whether or not the suspension letter officially offers you an opportunity to meet with the administrator who imposed the suspension, you should ask for one. Make it clear that you intend to file a written appeal but would like to meet in advance of doing so to make sure you understand the reasons for the suspension and to see if the problem can be worked out. This essentially gives you two chances to convince the administrator of your viewpoint. It is also advantageous to the administrator as it gives him or her a preview of your appeal grounds and a chance to rectify an erroneous decision before a formal appeal is filed.
Although you may be embarrassed that your child got suspended from school, don’t let the embarrassment keep you from adequately preparing to appeal the suspension. Find out from your child and other parents what other children have been suspended and on what grounds. (The school will not release this information for privacy reasons.) Find out if anyone you know has successfully appealed a suspension.
Write down everything the school has told you about the suspension as well as what your child has told you. Also find out if there were any other children or adults who saw what happened.
Ask the administrator to provide you with copies any written statements it has from anyone who witnessed the incident that resulted in your child’s suspension. If the administrator cites privacy rights as a reason for declining, ask him or her to show you a copy with the name of the person making the statement removed. Do not agree that this will satisfy you; if asked, explain that you believe you have a right to know who said what, but that knowing what was said is a first step to understanding why the suspension was imposed.
Find out how many people the administrator spoke with, whether they were students or staff, and if students, whether they were involved in the incident or bystanders. It is also important to find out any relationship- friend or foe- they may have with the students involved in the incident that resulted in the suspension.
The Meeting
Ask the administrator to explain to you what happened and why he or she imposed the suspension. Listen carefully. What should you try to learn? First try to understand exactly what the administrator thinks happened and why he or she thought it warranted suspension. Second, observe whether there are weaknesses in the information, areas where it is incomplete or conflicting. Third, consider how the administrator’s information fits or conflicts with information you have. And finally, does the school’s discipline policy allow/require suspension in these circumstances?
After you have heard what the administrator has to say, state your belief as to what happened, the information that supports that belief, and what the appropriate outcome should be. If you believe that your child did something wrong but that his or her behavior warrants a lesser penalty than suspension, explain why. If you believe that your child did not do anything wrong, explain why. If you believe that there are factors that excuse your child’s behavior- such as a bully taunting him or her or a teacher overreacting- suggest a way to deal with the problem that fairly takes into account the relevant factors.
If you think the suspension should be removed based on what has been discussed at the meeting, ask the administrator to remove the suspension. If the administrator agrees, ask if you will receive a letter confirming this decision.
The Written Appeal
If the meeting does not result in removal of the suspension and you believe removal is warranted, you are ready to write an appeal. Differing facts and rules make it impossible to cover all appeal bases in this article. However, there are some overriding issues that are relevant to many appeals:
Is the suspension reasonable? Some suspensions are so unreasonable, that it is not necessary to challenge the underlying facts. If the school has overly harsh rules (such as suspending children for talking during lunch), the suspension can be challenged as excessive and unreasonable even if the child did do what the administration says he or she did. If the policy is a district-wide one, you will likely have to follow the appeal process through to a higher level before your challenge will be addressed. However if the policy is one established by the school, the administrator may see that the policy is not reasonable and may decide not to apply it in your child’s case or to change the policy altogether.
Does the appeal process afford your child “due process?” Simply stated, is it fair? Does it give you and your child an effective opportunity to know who said what about his actions and to explore the accuracy of that person’s observations, his or her overall credibility, and his or her motives. If, for example, the school is relying on the statement of a student involved in the incident, that student may be covering up his or her own misconduct by blaming your child. Or that student might have relied on something someone told him or her rather than reporting only what he or she saw. Or perhaps the student was paying attention to something else at the time of the incident and only saw part of what happened.
If the administrator has not given you the names of students whose statements were used in determining to suspend your child, make sure and mention this in your written appeal. State how the lack of that information prevents you from challenging those students’ observations, credibility and motives.
Are the facts relied upon to impose the suspension clear? If different students or teachers report facts that are inconsistent with one another (your child hit another child in the hallway v. your child swore and chased another child through the cafeteria) the suspension must be based on one version or the other. If there are inconsistent facts underlying the suspension, you cannot effectively argue your case without knowing which facts the administrator relies upon and which ones he or she has rejected as not accurate. Reliance on inconsistent statements by the administrator is a grounds for appealing the validity of the suspension.
Does the punishment fit the crime? Is suspension reasonable given what your child did and taking into account all of the mitigating circumstances? If not, you need to state clearly why the suspension was excessive or unwarranted.
Was the suspension evenhanded? Are all children who committed similar acts treated the same as your child was- suspended? Have children committed “worse” acts and not been suspended? Is there a difference in the way kids are treated based on gender or race that you can prove based on other specific cases? General arguments based on numbers will not go far; what you need to know is how specific, similar cases are handled at your school or within your school district.
Are there other facts that should have been taken into account? Was your child acting in self defense? Is there a history of bullying by another child that resulted in this incident? Was a teacher instigating misconduct with words or action? Did someone misunderstand your child’s motives or action? If there are other facts that should have been taken into account, state what those facts are and what the result of considering them should have been (e.g., no penalty, lesser penalty than suspension, suspended less days).
What weight should be given to the statements of different parties involved in the incident? Does one party have a history of bullying or lying? Does one have a reputation for honesty? Is one person’s statement supported by other believable information while the other’s is not? Does the story told by each participant make sense? If someone’s story does not make sense, it may not be true. Consider whether the story is logical as well as whether it is consistent with known facts about the particular incident as well as the reputations of the students or other participants involved. Even when it comes to teachers or other adults at the school, don’t assume that perceptions are infallible or motives pure. Some adults have it in for some kids, some just don’t know what’s going on, and some are unusually rigid or nervous.
Be careful when writing an appeal to rely only on information you can prove. Most of what you can prove will probably be things your child witnessed or in which he or she participated. You may also be able to show how other potential or actual suspension cases were handled at the school based on the statements of parents or students who were involved. Be careful not to rely on rumor or general information that you can’t prove, as it will damage your credibility.
Make sure to include all of the information you wish to have considered in the appeal letter.
These tips should help you appeal and win the removal of an unwarranted student suspension.
Please note that this article is not legal advice to individuals whose children are faced with suspensions. This general information about the suspension process should not be used instead of consulting a lawyer about legal issues involved in a particular student suspension.
To read other school-related content by this author, click here.
