Your Child’s Right to Education After Expulsion in South Carolina

In South Carolina, schools have a continued obligation to provide educational services to students who have been expelled, though this may occur in an alternative setting. According to , S.C. Code Ann. § 59-63-235. students expelled for bringing a firearm to school or other serious offenses are not precluded from receiving educational services in an alternative setting. Each local board of trustees is required to establish policies for such referrals, ensuring that expelled students have access to education in a different environment . S.C. Code Ann. § 59-63-235.

Additionally, S.C. Code Ann. § 59-63-1320. outlines the framework for alternative school programs, which are available for students in grades 6-12. These programs may serve students who are expelled as an alternative to traditional schooling. The statute mandates that districts establish clear guidelines and due process procedures for placing students in alternative school programs, ensuring that expelled students can continue their education in a structured manner . S.C. Code Ann. § 59-63-1320.

Furthermore, 43-243. Special Education, Education of Students with Disabilities.. specifies that a free appropriate public education (FAPE) must be available to all children, including those with disabilities, even if they have been expelled. This aligns with federal requirements under 34 C.F.R. § 300.530(d), ensuring that students with disabilities continue to receive necessary educational services despite expulsion . 43-243. Special Education, Education of Students with Disabilities..

In summary, while expulsion removes a student from the traditional school environment, South Carolina law requires that educational services, particularly through alternative settings, remain accessible to expelled students, with specific provisions for students with disabilities.

What to Do If Your Child Is Being Expelled in South Carolina

If your child is facing expulsion in South Carolina, it’s important to act quickly to protect their education rights. Schools are still required to educate students after expulsion, but parents often need to push to ensure appropriate services are provided. Taking the right steps early can make a significant difference in the outcome.

What parents should do immediately:

• Contact an education lawyer right away to review the expulsion notice, deadlines, and your child’s rights. You have a right to counsel at the expulsion hearing to protect your child’s rights. Having a knowledgeable attorney represent you can make a huge difference in the outcome for your child.

• Request the hearing packet, evidence, and all disciplinary documentation in writing, including incident reports and proposed consequences.

• Ask the school to explain what alternative education services will be provided in the event of expulsion.

• If your child has an IEP or 504 Plan, your child as a right to a Manifestation Determination Review before the expulsion can proceed.

• Keep all communication in writing and save copies of emails, letters, and disciplinary records.

• Make sure you understand your appeal rights and timelines, which move quickly in South Carolina.

Contact Jessica Holland Law today to discuss your child’s case.