The Process for Expulsions and Suspensions in Ohio

Ohio law mandates that schools have a written discipline policy, outlining the methods of Ohio school suspension, expulsion, and permanent exclusion. These policies must describe which behaviors result in Ohio suspensions for students, even when incidents occur off school but disrupt school activities.

Exclusionary Discipline means removing a student from their typical educational setting. This includes:

• In-School Suspension: The student remains in school but in a separate, supervised setting.
• Out-of-School Suspension: The student is temporarily taken out of school.
• Expulsion: A severe form of disciplinary action where the student is taken out of school by the superintendent for a period exceeding 10 days.

The Ohio Revised Code sets certain time frames for exclusionary discipline: schools can suspend a student for up to 10 days and expel for up to 80 school days which can extend beyond the term. However, Ohio law limits the use of exclusionary discipline for younger students (pre-K to grade 3) and federal law limits the use of exclusionary discipline for students with specialized plans.

In more extreme cases, the board of education of a city or local school district can expel a student for up to one year when the student poses a threat to the safety of others such as bringing a firearm or knife to school that can do substantial physical harm.

Term Removal: What to Expect

Provided are the typical steps for a suspension of up to 10 school days.

Steps for Suspension

1. Notice & Informal Hearing
   • Written notice must be given to the student by the superintendent or principal with the intent to suspend.
   • An informal hearing is held in front of an administrator for the student to explain their side of the story.
2. Parent Notification
   • Within one school day, the school must notify the parents/guardians in writing about:
     • The reason for the suspension.
     • The right to appeal to the school board (accept the punishment and conditions set forth).

3. Right to a Hearing with Representation (to fight the suspension).
4. Appeal Process (If suspended)
   • The student/parent can appeal to the school board or its designee.
   • The board is required to hold a hearing if requested.
   • The board’s decision can be challenged in court.

Provided are the typical steps for an expulsion of more than 10 days to a year.

Steps for Expulsion

1. Written Notice of Intent to Expel
   • Before expelling the student, the superintendent must give a written notice to both the student and parent/guardian.
   • The notice must include:
     • The reason for expulsion.
     • The student’s right to a hearing with the superintendent.
     • The time and place of the hearing.

2. Formal Hearing with the Superintendent
   • A formal hearing allows the student and parent to hire legal representation to present their side. They can also represent themselves.
   • The school can proceed with the expulsion if the student does not attend the hearing.
3. Written Notification of Expulsion (if enforced)
   • Within one school day, the superintendent must notify the parents in writing, including:
     • The length of expulsion (if upheld).
     • The right to appeal to the school board.
     • Information on alternative education options.
     • If applicable, a warning that the student may face permanent exclusion.

4. Appeal Process
   • The student/parent may appeal to the school board or its designee.
   • The board holds a hearing, which must be recorded.
   • If denied reinstatement, the student/parent can appeal to court under Ohio law.

If a student has an IEP or 504 plan, a formal manifestation hearing is required to determine whether the suspension or expulsion is related to behavior caused by the student’s disability.

Contact Us

If you are subject to a hearing for a suspension or expulsion and are looking for proven legal representation advocate for your student, submit a request to our “Contact Us” page. Attorney Brien Miller is a retired teacher and directs our Education Law Division. You can learn more about him on his page.