School Suspension

Your RIGHTS If You Are Being Suspended
You must be told what you are being accused of doing wrong.

You have the right to agree or disagree with what the school tells you happened.

The school must tell you about all of the negative information.

You must be given a chance to tell your side.

The School Will Make A Decision
Parents and legal guardians will be given the decision in writing. It will explain why your child was suspended.

The school will tell you with whom, when and where you can meet to talk about the suspension.

The school will meet with a parent to discuss the decision no later than three days after the suspension begins.

If You Have Been Suspended…
You may appeal the suspension to the school board or to someone that the school board appoints to handle this type of problem.

If you lose this appeal, you can ask to change the record if it is false or misleading.

Special Education
There are more rules for children who receive special education.

The additional rules benefit children that receive special education.

Please call us for more information.

Changing School Records

  • To change a record it must be “inaccurate, misleading, or violate the student’s right to privacy.”
  • Tell the school that you want to change the record because it is misleading or breaks the student’s right to privacy.
  • The school must make a decision in a fair amount of time.
  • If the school board agrees it must correct the record.
  • The school board must tell you what changes it makes to the record.
  • If the school disagrees, the school must tell you about your right to a hearing.
  • You have a right to ask for a hearing.
  • You have a right to be represented by an attorney at that hearing. If you cannot afford an attorney you may be eligible for free legal services.
  • If you lose at the hearing, then you can place a statement of what you believe on the record. Your statement will be attached to the information
    that you wanted removed or changed.

    • South Carolina Law

    A school board can give any administrator the power to suspend a student.

    The school board cannot suspend a student for more than 10 days for one offense without a due process hearing.

    The school board cannot suspend a student for more than 30 days in a school year.

    The school board cannot suspend a student during the last 10 days of the school year if the suspension would keep the student from receiving credit for the school year.

    The school board must specifically approve any suspension at the end of the year that would keep the student from getting credit.

    If the school board grants special approval, then the school board must give the student a hearing within 24 hours.

    Education Cases Accepted:

    • Access to Education
    • Access to School Records
    • Bullying/Harassment
    • Individualized Education Plans (IEP)
    • School Attendance
    • School Enrollment & Fees
    • School Record Disputes
    • Special Education
    • Suspensions/Expulsions
    Other Legal Representation

    • Consumer & Bankruptcy
    • Employment
    • Family
    • Federal Income Tax
    • Housing
    • Migrant Farm Workers
    • Probate
    • Public Benefits

    Additional information may be found at:
    LawHelp.org/SC
    South Carolina’s guide to free legal resources

    This brochure was prepared by South Carolina Legal Services and is provided as a public service.
    Copyright retained by South Carolina Legal Services
    Printed January 2010

    Mission

    South Carolina Legal Services is a statewide law firm that provides civil legal services to protect the rights and represent the interests of low-income South Carolinians.

    Vision

    All low-income South Carolinians will have full and fair access to justice.

    Contact Us

    1-888-346-5592
    Apply Online
    www.sclegal.org
    www.lawhelp.org/sc
    www.probono.net/sc

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