Suspended or Expelled? Here’s What You Can Do

Congruence Law, P.C. Defends Students Facing Unfair School Discipline

A suspension or expulsion doesn’t just affect grades—it can derail a student’s future. Disciplinary actions can lead to missed instruction, emotional trauma, damaged reputations, and even long-term academic consequences. But students—especially those in public schools—have due process rights before being excluded from school.

At Congruence Law, P.C., we represent students and families facing short-term removals, long-term expulsions, and biased disciplinary proceedings. We challenge illegal punishment, expose discriminatory practices, and work to restore students’ educational opportunities.

Your Child Has Due Process Rights

Public schools are government actors, and students are entitled to constitutional protections before being disciplined. Depending on the severity of the consequence, schools must provide:

➤ Notice of the alleged conduct

➤ An opportunity to respond

➤ A fair and impartial decision-making process

For long-term suspensions or expulsions, states typically require a formal hearing with advance notice, the right to present evidence, and the ability to challenge the outcome.

Private schools may have less formal obligations but must follow their own policies and not act in a manner that is arbitrary, retaliatory, or discriminatory.

Common School Discipline Violations

• Suspending or expelling a student without a hearing

• Failing to provide written notice of charges or rights

• Imposing punishment disproportionately based on race, disability, or other protected status

• Refusing to allow a parent to attend the hearing or respond to evidence

• Using vague or retroactive rules to justify punishment

• Ignoring disability-related behavior in students with IEPs or 504 Plans

What We Do at Congruence Law, P.C.

We support students from all backgrounds—especially students of color, students with disabilities, and LGBTQ+ youth—who are more likely to face unfair discipline. Our services include:

• Challenging suspensions and expulsions through administrative appeals and school board hearings

• Representing students at expulsion hearings, with full evidentiary preparation

• Filing discrimination or civil rights complaints for disparate discipline

• Demanding reinstatement, record correction, or alternative placement

• Pursuing compensatory education or tutoring for lost instructional time

• Addressing parallel issues, such as criminal referrals, special education violations, or harassment

What Schools Often Say—and Why It Doesn’t Hold Up

“This isn’t a big deal—it’s only a few days.”→ A pattern of removals—even short-term—can add up and trigger legal protections.

“Your child admitted it, so we’re done.”→ Students (especially minors) may not understand what they’re admitting to—or may feel coerced.

“There’s no appeal for this.”→ Public school students often have a statutory or constitutional right to appeal serious discipline.

“The handbook says we can.”→ Policies must still comply with state law, federal law, and constitutional protections.

Pitfalls to Avoid

• Accepting punishment without reading the notice. Always request the written basis for the decision.

• Missing deadlines to appeal. Timeframes for contesting suspensions and expulsions can be short—sometimes just 5–10 days.

• Letting the school treat it as routine. Repeated suspensions or removals are a warning sign.

• Failing to raise disability concerns. If the behavior may be tied to a disability, manifestation determination rules apply.

Why Choose Congruence Law, P.C.

We believe students are more than the worst moment they’ve had. When schools rush to punish without fairness or legal compliance, we push back. Our goal is to keep students in school—or get them back there—with their rights and futures intact.

If your child has been suspended, expelled, or threatened with serious discipline, contact us today:

education@congruencelaw.com or at 202-630-8141.

Let us help you challenge unfair punishment, protect your child’s record, and ensure they stay on track.