Cleveland K-12 Student Misconduct Lawyer


Suspension and expulsions are sanctions used as a last resort by schools to address students who violate school policy. Removal of a student from an educational environment can significantly impact their educational future, decrease their academic performance, and might not even help in improving behavior.

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If you are a faculty member or graduate student who has been accused of research misconduct, learn more about how our Academic & Scientific Research Misconduct group can help.

If your child is facing suspension or expulsion, a Cleveland K-12 student misconduct lawyer will work to ensure your child’s rights and access to their education are protected. A trustworthy attorney has the resources and experience to advocate for your child in front of a school’s disciplinary committee.

Suspension and Expulsion Overview

Ohio Revised Code § 3313.66 – 3313.661 governs the suspension and expulsion of students in Cleveland public schools. Suspension is the temporary removal of a student from the school for violation of a school policy, while expulsion is a lengthier (but not always permanent) removal of the student from school for serious violations of school policies. A suspension cannot exceed ten school days, and an expulsion typically does not exceed 80 days.

Disciplinary codes are guided by that school’s specific policy, while the student handbook governs the disciplinary codes for private schools. A skilled K-12 student misconduct attorney in Cleveland with knowledge of the various disciplinary codes for local schools might help the student and parents better understand the specific violation the child is accused of, and formulate a defense in order to prevent suspension or expulsion.

How Punishments Work in K-12 Schools

Under Ohio law, a public school student can be suspended for violation of a school policy for up to ten days. The school must give written notice which states the reason for the suspension and schedule an informal hearing regarding the incident. A student has a right to make up the school work he or she misses during the suspension; however, partial credit may be given for their homework.

A student may be expelled for up to 80 days for certain offenses, and up to one year if the student brings a firearm to school, makes a bomb threat, or commits an act that would be considered criminal if an adult committed it. The school must give notification within one day of the discipline and invite the student and parents to a hearing with the superintendent within five days of the notification. If the school decides to expel a student, it must notify the parents in writing of how they can appeal the decision.

If a student receives notice for an expulsion hearing, a Cleveland K-12 student misconduct attorney can help the student and the parents prepare for the hearing and make the case against these drastic measures.

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Suspension and Expulsion for Younger Children

There are few situations where a student in third grade and below can be issued an out-of-school suspension or expulsion, which is reserved for serious cases like making a bomb threat, bringing a knife or firearm to school or school-sponsored program, or causing physical harm to another in such a way that would be considered a crime if done by an adult. These students require the aid of a lawyer who could urge school administrators to come to a different resolution that does not lead to expulsion.

Private School Policies

The rules surrounding private schools and their usage of suspension and expulsion are laid out in that school’s student handbook and not by statute. Statutes do not apply to private schools which operate independently. A lawyer who has experience handling cases in Cleveland’s private schools could provide counsel, ensure that the student’s rights are protected in hearings, and make sure that their right to an education does not suffer in the process.

Teenager sitting on a railing

Contact a Cleveland K-12 Student Misconduct Attorney to Protect Your Child’s Education

While suspension or expulsion may be appropriate in some circumstances, it should only be a last resort. Many children and teenagers could benefit more from counseling and therapy rather than disrupting their education.

If your child is facing suspension or expulsion in a public or private school, a Cleveland K-12 student misconduct lawyer can review all facts of your case, determine if the school erred in implementing this punishment, and work tirelessly to fight for your child’s right to receive his or her education in school. Call a lawyer from KJK today and protect your child’s future.

Important to Know:

COVID-19: Cheating & Plagiarism

Allegations of cheating and plagiarism are skyrocketing due to virtual learning environments imposed by COVID-19. If you’ve been accused of academic misconduct during this time, please don’t hesitate to contact us.

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Enough cannot be said for how helpful KJK was ...

for me during my allegation process. Susan and Kristina were extremely knowledgeable and passionate toward my specific case. They consistently had steps of action to take in my defense and were extremely flexible when working with me. They helped prepare me, both mentally and emotionally, prior to my hearing. Thanks to their hard work, I now have my future back.”

– Successfully defended a pre-med undergraduate student for alleged cheating on a physics lab report and showed that the professor had made a critical error in basic mathematics

Susan and Kristina are great lawyers.

They helped me resolve an extremely difficult academic dishonesty accusation case against me at the university level. They had helpful ideas and were persistent in making sure my defense was the best it could be. They were creative in their way of utilizing outside resources that helped achieve a positive outcome. Good, prompt responses to my questions. I highly recommend them!