Wrongful Suspension & Expulsion Defense

A wrongful suspension or expulsion can follow your child for years. It may appear on transcripts, trigger college admissions scrutiny, lead to athletic disqualification, or even attract attention from law enforcement. Yet, in many cases, schools impose these harsh penalties without following their own disciplinary procedures—or without giving the student a fair chance to defend themselves.

Our firm provides aggressive legal representation to students facing suspension or expulsion across public, charter, and private schools in New Jersey and Pennsylvania. Whether the issue involves alleged violence, drugs, academic misconduct, or disruptive behavior, we step in early to challenge unfair disciplinary actions and protect your child’s record.

When Schools Cross the Line

Under both New Jersey and federal law, students are entitled to specific due process protections. But many school districts violate these rights by:

• Issuing long-term suspensions without proper notice or hearings
• Failing to allow students to present witnesses or evidence
• Relying on unsubstantiated teacher reports or secondhand allegations
• Disregarding disability protections for students with IEPs or 504 Plans
• Using vague codes of conduct to punish protected speech or self-defense

We routinely represent students in proceedings involving:

• Out-of-school suspensions (OSS) exceeding 10 days
• Expulsion recommendations by school administrators or boards
• Superintendent-level hearings and board of education appeals
• Manifestation Determination Reviews (MDRs) under IDEA
• Alternative school placements that function as de facto expulsions

Our job is not just to represent your child—we hold school systems legally accountable when they violate procedure, ignore mitigating circumstances, or impose excessive penalties.

Legal Grounds for Challenging Suspensions and Expulsions

You have more power than you think. Students cannot be suspended or expelled without:

• Advance written notice of the allegations
• An opportunity to be heard, typically through a formal hearing
• A decision based on the weight of evidence, not rumors or bias
• Compliance with federal disability laws if your child has an IEP or 504 Plan

The following state and federal laws may apply:

• N.J.S.A. 18A:37-2 (Authorized Student Discipline in NJ)
• N.J.A.C. 6A:16-7.2 through 7.5 (Procedures for short- and long-term suspensions)
• IDEA (20 U.S.C. § 1400 et seq.) for special education discipline
• Section 504 of the Rehabilitation Act (29 U.S.C. § 794)
• Goss v. Lopez, 419 U.S. 565 (1975) – Students are entitled to due process before suspension

We combine these protections with school district policies to evaluate whether the suspension or expulsion is legally enforceable. In many cases, it is not.

What Makes a Suspension or Expulsion “Wrongful”?

A suspension or expulsion may be unlawful if:

• The offense was minor or first-time, yet extreme punishment was imposed
• The student acted in self-defense but was disciplined as if they were the aggressor
• The evidence is weak, contradictory, or circumstantial
• Other students were treated more leniently for similar behavior (disparate discipline)
• The punishment targets protected speech, such as political statements, clothing, or social media posts
• Your child was removed from school before any investigation or hearing occurred

In each of these scenarios, we build the strongest possible legal and factual record to challenge the school’s decision and pursue reversal, record-clearing, or appropriate accommodation.

We Represent Students at Every Stage of the Process

Our firm intervenes early and forcefully. We provide full-scope legal representation for:

• Disciplinary Hearings at the school, district, or superintendent level
• Board of Education Appeals
• Negotiations to rescind or modify suspensions
• Reinstatement petitions following expulsion
• Administrative complaints with the NJ Department of Education
• Federal civil rights litigation under 42 U.S.C. § 1983 in extreme cases

We also ensure compliance with special education discipline procedures, including Manifestation Determination Reviews, which can stop expulsions or alternative placements for students with disabilities.

Frequently Asked Questions: Suspension & Expulsion Defense

1. Can my child be suspended without a hearing?

Only for short-term suspensions (10 school days or fewer), and even then, the student must receive notice of the charges and an informal opportunity to respond. Long-term suspensions or expulsions require a formal hearing under N.J.A.C. 6A:16-7.3.

2. Does the school need proof before suspending my child?

Yes. While school discipline hearings don’t require proof “beyond a reasonable doubt,” schools must still provide reliable, corroborated evidence before issuing long-term penalties. We challenge vague or unsupported accusations aggressively.

3. What if my child was acting in self-defense?

New Jersey law does not clearly exempt self-defense from school discipline, but the context matters. We use witness statements, video, and policy analysis to argue that self-defense should mitigate or eliminate punishment.

4. Can I attend my child’s suspension or expulsion hearing?

Yes. In most cases, parents have a right to attend and should be given notice in writing. If your child has an IEP, you have additional rights under federal law.

5. Can my child be expelled for something that happened off school grounds?

Only under certain conditions. If the conduct off-campus substantially disrupts the school environment (e.g., threats, violence), the school may have jurisdiction. But this is often misapplied—and challengeable.

6. Does the school have to consider my child’s disability?

Yes. If your child has an IEP or 504 Plan, the school must hold a Manifestation Determination Review before any long-term suspension or expulsion. If the behavior was related to their disability, different rules apply.

7. Can I appeal a suspension or expulsion decision in New Jersey?

Yes. You can request a review by the board of education and, in some cases, escalate to the New Jersey Commissioner of Education or file a federal lawsuit for due process violations.

8. Will the suspension appear on my child’s transcript?

Often yes, unless it is reversed, sealed, or expunged through legal intervention. We help families petition for the removal of harmful records, especially when schools acted improperly.

9. Can the school suspend my child without calling me?

In short-term suspensions, parents must be notified “as soon as practicable.” However, many schools suspend students without parental involvement or adequate notice, which may violate policy and due process.

10. Do I need an attorney for a school suspension hearing?

If the suspension could impact your child’s record, graduation, or college prospects—the answer is yes. A lawyer ensures your child’s voice is heard, the school follows its procedures, and harmful outcomes are avoided or reversed.

Take Action Before It’s Too Late

Do not assume the school has your child’s best interests in mind. Many disciplinary decisions are rushed, biased, or based on incomplete facts. Your child deserves a real defense.

 Call (856) 209-3111 to speak directly with a student defense attorney or request a confidential consultation now