Tips for Representing Students
Facing Expulsion
Recommended procedures for all attorneys:
- Check the notice to determine if the school district complied with
timelines and notice requirements.
- Request a copy of the record to be used at the expulsion
hearing.
- Request a complete copy of the student's records.
- Ask the student's parents about the student's behavior at home and
at school. Are there any indicators of special needs?
- Ask the student's parents about the student's medical history. Any
mental health issues? Behavioral issues?
- Contact potential witnesses to determine their appropriateness and
availability. Consider using character witnesses in addition to any
potential fact witnesses. Serve subpoenas or request affidavits or
letters of support, as necessary.
- Talk to the school district about its willingness to allow the
student to withdraw rather than face expulsion proceedings.
- Talk to the school district about its recommendation regarding
length of expulsion.
- Talk to the school district about availability and terms of early
reinstatement (for example, successful completion of community service
hours, or drug and alcohol assessment and classes).
- Discuss with the parents the alternative education options: private
school, home school, correspondence school.
- Obtain written terms of agreement or expulsion order.
Additional considerations for special education
students:
- Determine when the manifestation hearing will take place.
- Check the notice to determine if the school district complied with
special education notice requirements.
- Check the cumulative number of days the student did not receive
educational services during the current school year.
- Contact private health-care providers to obtain records relevant to
the manifestation determination and arrange for their attendance at the
hearing if possible.
- Consider contacting an educational consultant concerning the
appropriateness of the IEP, placement, and behavioral interventions.
- Attend and participate in the IEP meeting to obtain appropriate IEP
and behavioral interventions, placement, and manifestation
determination.
- Consider filing a due process hearing with the Department of Public
Instruction if no manifestation is found (placement is stayed pending
hearing).
Additional considerations if a regular education student may
be eligible for special education:
- Ask the student's parents, and possibly the student, for information
to determine whether the district had knowledge of the student's need
for special education.
- Submit the parents' referral for an expedited special education
evaluation to the district.
- Submit relevant information to the IEP team for a determination of
eligibility for special education. Consider asking experts to assist in
gathering, evaluating, or preparing such information.
- Consider filing a due process hearing request with the Department of
Public Instruction at any time along the continuum for the school
district's failure to find the student eligible for special education,
failure to find a manifestation, or inappropriate IEP or placement.
School Expulsions: Not all are
Equal 
Wisconsin
Lawyer
