Your child will spend many years in school, as learning and growing are a natural and crucial part of life. However, if your child is accused of committing an offense and faces suspension or expulsion, their future, and education may be at risk.
If you and your child are scheduled for a superintendent hearing, you should exercise your right to obtain legal counsel. Our experienced South Carolina student defense attorney will fight to protect your child’s future. Contact the Law Office of Mo Abusaft today to learn how we can assist you.
Does your child face expulsion from school?
If your child has been suspended for a minor issue, that is one thing. But if your child is suspended from school and now faces expulsion, this could significantly threaten their ability to receive an education and, in turn, their future.
If your child is being threatened with expulsion, you have the right to fight for your child’s right to remain in school. An experienced attorney can assist with your case and help protect your child’s future.
Grounds for Expulsion in South Carolina
Generally, a child cannot face expulsion for just any offense. While expulsion should only be saved for the most serious offenses, unfortunately, South Carolina school districts have wide discretion when determining what they deem sufficient to expel a student.
When a student is reported to have committed a serious offense, the school’s first action is typically to immediately pull the student from their classes and initiate some sort of investigation into the allegations.
The child may be questioned or searched by school officials, and depending on the severity of the allegations, the investigation may involve law enforcement. When a child is under the age of majority, parents are notified right away.
Based on their findings, if a school administrator believes the student’s offense is serious enough, they may suspend the child effective immediately. When the situation is especially disturbing, they may suspend the student under a recommendation for expulsion.
You and Your Child Have the Right to a Hearing
When a student is suspended with a recommendation for expulsion, you have the right to a due process hearing or a superintendent hearing. These hearings are commonly scheduled quickly, making it critical to act right away and hire legal counsel.
Attending your superintendent hearing is crucial, as this is your only chance to question witnesses against your child and present evidence to help your child’s case.
What happens during a superintendent hearing?
A superintendent hearing is a disciplinary hearing to determine how to proceed with punishment for a student’s alleged offense.
Superintendent hearings in South Carolina take place either before a hearing officer, a hearing panel, or in some cases, before the board of trustees.
During the first phase of the hearing, the specifics of the student’s offense are established and explained. The school can start by presenting its case against the student, and subsequently, the student and their legal counsel will have the opportunity to present their argument as well.
Your child’s attorney can provide evidence and testimony to help fight against the allegations, and if the school has any witnesses, the attorney can also cross-examine.
Once both sides have had the chance to make their arguments and present their evidence, the hearing officer or panel can use the information to make their decision. They will consider several factors when determining the appropriate punishment, if any, including the child’s behavioral and academic history.
Your attorney can make a formal request to the panel to have your child immediately reinstated and have the suspension expunged from their student record.
How an Attorney Can Help During a Superintendent Hearing
Having a child suspended and facing expulsion can make you feel stressed and overwhelmed, especially if you do not know how to properly represent your child’s best interests. Fortunately, an attorney well-versed in superintendent hearings can represent your child and do everything possible to help your child remain in school.
Your lawyer can explain the school’s case to better help you and your child understand the allegations being brought. Your lawyer will also request and obtain important evidence to help disprove the allegations and strengthen the case for your child’s reinstatement.
While a suspension with a recommendation for expulsion can be challenging to comprehend and navigate, you should exercise your right to counsel and allow a lawyer to handle your child’s case and provide much-needed peace of mind.
Consult with a South Carolina Student Defense Attorney Right Away
If your child is suspended and faces expulsion, do not wait to consult with a qualified student defense lawyer. Time is limited to prepare your case, as hearings are often scheduled with little notice. Therefore, the sooner you hire an attorney, the quicker they can begin working on your case.
The legal team at the Law Office of Mo Abusaft understands the challenges you face as you fear your child’s potential expulsion. We have the right skills and tools to represent your child and build a substantial case. Contact us today to request a consultation with an experienced student defense attorney.