Procedures for Short-term Suspensions

The United States Supreme Court has ruled that students have a right to attend school and involuntary removal from school triggers due process rights.  At a minimum, this means notice and an opportunity to be heard.  For short-term suspensions (defined in North Carolina as ten school days or less), students are entitled to be confronted with the charges against them and given an opportunity to respond.  This opportunity can be very informal — an oral conversation with the principal will suffice – but must occur prior to the suspension except in situations where harm may occur if immediate removal is delayed.  Some districts afford more rights, such as the opportunity to present evidence in one’s defense, limited time to prepare such evidence, the right to have a parent present, or written notice to the parent before a hearing.

In most districts, a short-term suspension is not appealable beyond the level of the school principal, although there may be an internal grievance process that can be pursued.  Short term suspensions are not reviewable in court.  Unless the suspension violates the described minimal due process protections, or otherwise violates the student’s constitutional rights, attorneys have little role in cases involving short-term suspensions. 

Except in very exceptional circumstances, a student removed from the classroom by the classroom teacher, principal or other authorized school personnel for the remainder of the subject period or school day and/or moved to another room or place in the school premises has no “rights” to any due process.  In-school suspension generally does not trigger any procedural or substantive rights, although there may be an internal grievance procedure offered by the school board policies.