School Expulsions in South Carolina

Understanding Expulsions in K-12 Schools: A Guide for South Carolina Parents

Expulsion from school can have long-term consequences for students and families. In South Carolina, expulsion means a student is removed from school for the remainder of the academic year or longer. This decision can affect a student's education, mental health, and future opportunities.

It is important for parents to understand the expulsion process, student rights, and how legal representation can help. An experienced education attorney can guide families through disciplinary hearings and advocate for fair treatment under South Carolina law.

What Is School Expulsion?

Expulsion is the most serious form of school discipline. It occurs when a school district removes a student from the educational setting for a significant period of time. Unlike suspension, which is temporary, expulsion can last for the rest of the school year or longer.

In South Carolina, school boards have the authority to expel students for serious misconduct. This may include violent behavior, possession of drugs or weapons, repeated code of conduct violations, or other actions deemed disruptive to the school environment.

In South Carolina, the legal requirements for student expulsion in K-12 schools are governed by S.C. Code Ann. § 59-63-240. A school board may expel a student for the remainder of the school year for reasons listed in S.C. Code Ann. § 59-63-210.

The Expulsion Process in South Carolina

If expulsion procedures are initiated, the school must notify the student’s parents or legal guardian in writing, providing the time and place of a hearing before the board or a designated person or committee. The hearing must occur within 15 days of the written notification, and a decision must be rendered within 10 days of the hearing. During the expulsion process, the student may be suspended from school and all school activities. The board’s decision can be appealed to the proper court.

Before a student is expelled, the school must follow specific procedures. These include:

• A formal written notice of the charges

• An opportunity for the student and parents to attend a disciplinary hearing

• A hearing before the school board or its designee

• A final decision regarding whether expulsion is appropriate

Parents have the right to receive notice in advance of the hearing. They also have the right to present evidence, question witnesses, and have legal representation during the hearing.

Student Rights During Expulsion Hearings

Students facing expulsion have the right to due process. This means schools must treat students fairly and follow the procedures outlined in South Carolina education law.

The procedural steps for expelling a student without an Individualized Education Program (IEP) include providing written notice to the parents or legal guardian, which must include the right to have legal counsel present at the hearing, the right to question all witnesses, and access to the investigative file at least three days before the hearing, subject to redactions required by the Family Educational Rights and Privacy Act (FERPA). If the hearing is conducted by an authority other than the board of trustees, either party retains the right to appeal the decision to the board. The expulsion process must comply with due process requirements, including notice of the charges, an explanation of the evidence, and an opportunity for the student to present their side of the story.

Parents should be aware of their child's rights, which include:

• The right to a fair hearing

• The right to review evidence

• The right to be represented by an education attorney

• The right to appeal the school board’s decision in some cases

If the student has a disability or an IEP, additional protections apply under the Individuals with Disabilities Education Act (IDEA). A Manifestation Determination Review may be required before a student with a disability can be expelled.

Consequences of Expulsion

Expulsion can disrupt a student's academic progress and social development. Students who are expelled may:

• Lose access to instruction and educational services

• Face delays in graduation or course completion

• Experience emotional or psychological harm

• Struggle to enroll in another public or charter school

Some school districts may offer alternative education programs during expulsion. However, these programs vary and may not provide the same level of instruction.

How an Education Lawyer Can Help

A lawyer with experience in school discipline cases can help parents:

• Understand the expulsion process

• Prepare for disciplinary hearings

• Protect the student’s rights

• Challenge unfair decisions

• Explore alternatives to expulsion, such as behavior plans or alternative placements

Legal guidance is especially important when the student has a disability, faces criminal charges, or is at risk of losing access to educational services.

Act Quickly. Contact Jessica Holland Law.

Expulsion is a serious decision that can affect a student's future. If your child has been recommended for expulsion in South Carolina, it is essential to act quickly. A qualified education attorney can help you navigate the legal process, ensure your child's rights are protected, and work toward the best possible outcome.