Michigan School Suspensions & Expulsion
Suspension v. Expulsion
Suspension: Exclusion of a student from school for a specific period of time or exclusion of a student from school which exclusion terminates upon the fulfillment of a specific set of conditions.
Expulsion: The permanent exclusion of the student from the school system.
Michigan Law Allows for the Suspension or Expulsion of a Student:
Under MCL 380.1311, a student may be suspended or expelled from school if he or she is found guilty of a gross misdemeanor or persistently disobedient, and the interest of the school is served by the suspension or expulsion.
If a student possess a dangerous weapon in a Weapon Free School Zone, commits arson in a school building or on school grounds, or commits criminal sexual conduct in a school building or on school grounds, the student shall be expelled permanently from the school district, and a permanent record of the expulsion shall be entered.
Rights of a Student
It is extremely important for students to understand that both the school administration and the police can take action against a student for “offenses” that may or may not have been committed on school property. Pro Tip: Anything you say (to school admin or the police) CAN and WILL be used against you! Always remain respectful when dealing with school officials and police officers, and if you’re not sure what to do, ask to call your parents, and have them call me.
3 Steps to Responding To Problems At School
First, talk to your kid BEFORE they talk to anyone else. The initial inquiry from school officials, in response to allegations of student misconduct will include an informal “opportunity to explain” that you, as a parent, may not be present for. For some this could be no problem, as the alleged violation of school rules is minimal and the consequence is appropriate. For others, with students facing allegations that ALSO have police involved, you can’t gamble on your son or daughter’s future. Insist to be present!
Second, if the alleged violation(s) of the student code of conduct prompt the involvement of a School Liaison (police) Officer or any other law enforcement officer, then you need help. Don’t assume honesty is the best policy, until you’ve consulted with a lawyer familiar with the school and court issues your student could be facing. If the offense could also be a crime, talking to any school administrator could also further expose your child to police and court involvement. Schools and Police have a legal duty to share information about “crimes” occurring at school/near school/or involving a threat to a student, teacher, or the school itself. Anything your child says at school, can and will be used against them by law.
Quick Tip: Drugs, fighting, property damage, stealing, sex, and anything posted on social media, CALL A LAWYER.
Third, remain proactive in aiding your son or daughter, and provide support. Your lawyer will now provide the roadmap for protecting your child and navigating the hurdles ahead. Trust is essential. At Kelly & Kelly, P.C., we provide a high level of service to a select number of clients. Defending your child from a permanent academic blemish and/or possible juvenile or criminal charges should never be taken lightly, and our firm has a track record of success in helping many families and students thru this difficult time.
Pro-Tip #1: Talk with your kids about what to do BEFORE facing a situation where they are being questioned by school officials or police officers without your knowledge.
Pro-Tip #2: (when possible) Your kid doesn’t talk without a parent present.
Pro-Tip #3: If you’re not sure how serious the situation is or could become, call a lawyer on behalf of your son or daughter and get the proper counsel ASAP!
The world is a different place now for our children; it’s time, we, as parents adapt and prepare for the unknown. If you have questions about what your son or daughter’s school problems may mean for their future, Call Mike Kelly!
Where We Serve Clients
The offices of Kelly & Kelly, P.C. is located in Northville, Michigan. Although this is our physical location, we represent clients all throughout Ann Arbor, Novi, Livonia, Wayne County, Oakland County, Macomb County, and many other locations throughout the State of Michigan. Our law firm is very familiar with the various court systems across the State.