School Expulsion

The right to attend school is very important!

In general, expulsions in South Carolina occur when a student is not allowed to go to school for the rest of the year. If the expulsion concerns a weapon or firearm, the school may expel a child for a full calendar year, not just the school year.

Each district has a code of conduct containing the school's expulsion procedure. School districts have the right to expel students who do not follow written rules or when the student's presence is detrimental to the school's best interest.

A student can be recommended for expulsion for a major offense or for committing too many small offenses.

Review the code of conduct each school year because it can change from year to year.

If your student receives special education services or has an accommodation plan, they have additional safeguards. Please see our brochure on Special Education & Discipline.

Expulsion Hearings

• A student has a right to DUE PROCESS when recommended for expulsion. The student is entitled to notice of what offense they are accused of and to a fair chance to challenge the recommendation.
• The school district must send the parent of a child recommended for expulsion a letter explaining the time, date, and place of the expulsion hearing.
• The hearing must take place within 15 days of the recommendation for expulsion.
• You have the right to bring an attorney to the hearing.
• You have the right to question all witnesses and to bring your own witnesses to speak.
• You have a right to review all the evidence that the hearing officer reviews at least 3 days before the hearing.
• The student and the parent have the right to speak at the expulsion hearing.
• The parent and student will receive a written decision from the hearing officer within 10 days of the hearing.
• The hearing officer can decide to return the student to school, to place the student in an alternative setting, or to expel the student.
• The parent or the school can appeal the decision of the hearing officer. Districts may have a two-step appeal process. First would be to a panel or a review officer. The second is to the school board. It is important that the appeal is filed within the deadline given in the district's appeal policy. At each step of the appeal, the officer may decide to uphold the decision, alter it, or reverse it entirely. If the school board upholds the expulsion, then you can appeal the decision to the circuit court.
• If the school board recommends an alternative school and your child is still receiving educational services, then you cannot appeal the decision to the circuit court just because you disagree. You would need constitutional challenges.

Examples of Things That Will Probably Cause a Request to Expel

• Bringing, having, or holding a firearm at school
• Bringing items that could be considered weapons (knives, screwdrivers, needles, etc.)
• Taking part in gang activity
• Sexual acts at school, school games, or in school parking lots
• Assaulting or threatening a school employee
• Bringing or having any type of drug, alcohol, or look-alike drug or alcohol
• Being under the influence of drugs or alcohol on school grounds, including school games, dances, or field trips
• Fighting with another student
• Cumulative infractions of violating school rules
• Being charged with a crime (The criminal case has a separate process.)

If your student is recommended for expulsion, STOP and get an attorney.