US Rights Guide
Child Expelled from School in the US — Your Due Process Rights
The Supreme Court (Goss v. Lopez) requires due process before any school suspension or expulsion. You have the right to a hearing, notice, and appeal in all 50 states.
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Direct Answer
The Supreme Court ruled in Goss v. Lopez (1975) that students have a property interest in their education protected by the 14th Amendment's Due Process Clause. Before any suspension of more than 10 days or expulsion, a school must give notice of the charges, explain the evidence, and give the student an opportunity to tell their side. You have the right to appeal and may have additional rights under IDEA (disability) or Title VI (discrimination).
What the Law Says
Your Legal Foundation
US Constitution — 14th Amendment
“No State shall deprive any person of life, liberty, or property, without due process of law.”
Goss v. Lopez, 419 U.S. 565 (1975)
“Students have a protected property and liberty interest in public education. Due process requires notice and an opportunity to be heard before significant exclusion from school.”
Individuals with Disabilities Education Act (IDEA)
20 U.S.C. § 1415
“A student with a disability may not be expelled for behaviour that is a manifestation of their disability without a Manifestation Determination Review (MDR).”
What to Say
Exact Words to Use
“"Under Goss v. Lopez and the 14th Amendment, our child is entitled to due process before expulsion. We are requesting written notice of all charges, all evidence to be used, and a formal hearing before the expulsion takes effect. We are also requesting a Manifestation Determination Review [if child has a disability]."”
Tone: Written — to the school principal and district office
Common Questions
Frequently Asked Questions
My child has an IEP — can the school just expel them?
No. IDEA requires a Manifestation Determination Review within 10 school days of any decision to expel a student with a disability. If the behaviour is found to be a manifestation of the disability, the school cannot expel — they must instead conduct a functional behavioural assessment and revise the behaviour intervention plan.
My child was suspended for zero-tolerance policy — can I challenge it?
Yes. Zero-tolerance policies do not override constitutional due process rights. Courts have invalidated automatic zero-tolerance suspensions where there was no hearing. Challenge both the process and whether the policy was applied fairly.
Our school district has disproportionate expulsion of Black students — is there a legal remedy?
Yes. Title VI of the Civil Rights Act prohibits discrimination based on race in any federally funded program, including public schools. File a complaint with the DOE Office for Civil Rights at ed.gov/ocr. The OCR investigates systemic discrimination patterns.
Can a private school expel a student without due process?
Private schools are not bound by the 14th Amendment (which applies to state actors). However, they must follow their own stated disciplinary policies (a breach of contract claim if not followed) and still comply with federal anti-discrimination laws if they receive federal funds.
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