There are a number of important steps that need to be taken in order to prepare for an expulsion hearing. The first step is to gather all the records, including those pertaining to the alleged incident as well as the student’s cumulative education file. The parent should have been given an expulsion packet from the school, as well as notice of the recommendation for expulsion, and may have been given other papers as well. Although it is important to get everything that was given to the parent, it is also important to request the expulsion packet (and all other records related to the incident1 ) directly from the school district, as the school may not have provided the parent all the proper paperwork. It is likewise important to request the student’s other educational records including all previous discipline records, the student’s academic records, grades, progress reports, attendance records, and any special education/Section 504 records.2 Finally, it is important to establish as soon as possible if student has an IEP or 504 Plan because then there are important additional protections to which the student is entitled.3
Before the hearing, an attorney should research and become familiar with state law—La. R.S. § 17:416 in its entirety—as well as the specific school district’s handbook/code of conduct and its discipline policies and procedures. It is important to compare the law and policies to the facts in the case at hand and identify any procedural violations, as well as to look at what the code of conduct says about the alleged behavioral infraction of which the student is accused, how it is defined, and what types of disciplinary consequences the school can impose for the particular infraction.
In addition, hearing preparation must include interviews of both the parent and the child, including specific details such as: When and where did it happen? Who was involved? Were there any witnesses? Did any meetings take place with school officials afterwards? When did these meetings take place? Who participated in the meetings? Did the student write a statement about the incident? Were there any arrests as a result of the incident? When and how did you get notice of the expulsion? During the interview, an attorney should ask questions about the student’s general academic, disciplinary, and extracurricular history. In an ideal world, an attorney would have several opportunities to interview both the parent and student to develop a good rapport and relationship and get the necessary information, but because expulsion hearings are so time-sensitive, it is important to get as much information as possible in the first interview.
It is very important to interview the child separately from the parent when discussing the incident. No matter how good of a relationship the parent and student have or how forthcoming it seems like the student is being, it is best practices to ask the parent to leave the room at this point. A child may relate a very different story once the parent leaves the room. If the parent refuses to leave the room, the attorney should explain that speaking with the student alone is a crucial part of representation. When interviewing the child, it is important to remember that interviewing youth is different than interviewing adults. When interviewing a child, an attorney should explain the lawyer’s role, ask open-ended questions, and avoid interrupting the client or speaking too much about the attorney’s own perspective. In addition to the incident, the interview should also explore the child’s strengths and interests through questions about the child’s favorite school subject, participation in sports or other extracurriculars, hobbies, future plans, and anything of which the child is proud.
Another important part of the first meeting is to inquire about the clients’ goals, i.e., what outcome the clients want from the expulsion process. For example, the clients may want the student to stay at the student’s current school, but they may also be interested in transferring to a different school or placement. Note that although the student may be the client for the expulsion hearing, the parent/legal guardian is the educational rights holder and ultimately retains the authority to decide where the student goes to school. Thus, it is helpful to engage in a collaborative decision-making process with the student and the parent about the goals of the representation and any alternative resolution/placements. Then, in any advocacy with the school district, the attorney may be able to explore possible resolutions other than moving forward with the expulsion hearing or with an ultimate decision of expulsion.
Investigation of the incident is another necessary step. A student facing an expulsion has the right to present documentary evidence at the hearing and to bring witnesses to testify on the student’s behalf. An attorney should work with the parent and student to identify any possible witnesses for the hearing. This would include both witnesses to the incident/factual allegations, as well as witnesses who can testify to the student’s overall good character and commitment to obtaining an education. It may be helpful to have the student’s family make the initial contact with potential witnesses, particularly if the witnesses are other students or school staff, to see if they are willing to support the client at the hearing. A witness who is not available or who is unwilling to testify in person can submit a letter to the Hearing Officer in support of the client. It may also be helpful to read out loud particularly powerful or helpful letters or excerpts during the hearing.
Finally, the attorney will need to prepare all documentary evidence, client and witness testimony, and opening and closing statements. Documentary evidence may include relevant records from the expulsion packet and/or student’s education file and any letters of support or witness statements. An attorney should always bring copies for all parties present at the hearing; some districts require parents to provide this information in advance, so it is important to pay attention to district policies. Additionally, an attorney should prepare the clients and any witnesses to testify at the hearing and practice both direct and cross-examination questions. Any witness may be subject to cross-examination type questions from both the school district and the Hearing Officer.
- 1A template for requesting records related to a specific disciplinary incident is provided in Section 9. There is often video footage of incidents that occur at school. The U.S. Department of Education has issued specific guidance that video footage can be student records under FERPA. See FAQs on Photos and Videos under FERPA, U.S. Dep’t of Educ.
- 2A template for requesting a student’s cumulative educational file is provided in Section 9.
- 3For information on these heightened protections, see Section 8.5.