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A 14-year-old in Kenosha gets sent home after a fight in the hallway. The principal says she is suspended. Her mother wants to know how long it can last and whether anyone will listen to her daughter's side. Wisconsin law answers both questions, and the answers are more specific than most families expect.
Who has to be in school
Under Wisconsin's attendance law, a child between 6 and 18 must attend school regularly, unless excused or already a high school graduate. The duty lasts until the end of the term, quarter, or semester in which the student turns 18.
That is why a suspension matters so much here. Time away from class is time the law otherwise expects you to be there.
Suspension and expulsion: the rules on paper
A suspension (being kept out of school for a short time) can last no more than 5 school days. The one exception: if the school has sent notice of an expulsion hearing, the suspension can stretch to 15 school days in a row. Before any suspension, the school must tell you the reason. Your parent or guardian must get prompt notice of the suspension and why.
You also cannot be blocked from taking tests or making up the work you missed.
An expulsion (being removed from school for a longer period) can only come from the school board, after a hearing. The family must get written notice at least 5 days before it. The notice has to list the specific reasons and the time and place. You can ask for the hearing to be closed to the public, and you can bring a lawyer. The board must keep written minutes.
This follows Goss v. Lopez (1975), where the U.S. Supreme Court ruled that a public school must give a student notice of the charges and a chance to tell their side before a suspension of 10 days or less.
Bullying: every district must have a policy
Wisconsin law requires every school board to adopt a policy that prohibits bullying by students. The board must give a copy to anyone who asks, and it must hand the policy out every year to students and their parents.
The Wisconsin Department of Public Instruction (DPI) wrote a model policy that districts can adopt. It includes a way to report bullying confidentially, a ban on retaliation against the student who reports, a named staff member in each school who investigates, and notice to the parents of every student involved. Your district may use the model or its own version, so ask for the actual text.
How to push back
After a suspension, you or your parent can ask for a conference within 5 school days. It is with the district administrator or someone they choose, and that person cannot work at your school. If they find the suspension was unfair or too harsh, it gets erased from your record. They must decide within 15 days of the conference. Ask for it. You are allowed to.
After an expulsion, the family can appeal to the state superintendent, who leads DPI. The superintendent has 60 days to approve, reverse, or change the decision. The expulsion stays in effect during that review. After that, a family has 30 days to take it to the circuit court in the school's county.
For bullying, start by asking your school for its policy and the name of the person who investigates. Put your report in writing and keep a copy.
Lembre-se disto
- Wisconsin students ages 6 to 18 must attend school, through the end of the term in which they turn 18.
- A suspension can last 5 school days at most, or 15 if an expulsion hearing notice has been sent.
- Ask for a conference within 5 school days of a suspension; an unfair one is erased from your record.
- Expulsion needs a school board hearing with 5 days' written notice, and it can be appealed to the state superintendent.
Fontes
- Wisconsin State Legislature: Wis. Stat. 120.13, School board powers (abre em uma nova aba)
- Wisconsin State Legislature: Wis. Stat. 118.15, Compulsory school attendance (abre em uma nova aba)
- Wisconsin State Legislature: Wis. Stat. 118.46, Policy on bullying (abre em uma nova aba)
- Cornell LII: Goss v. Lopez, 419 U.S. 565 (1975) (abre em uma nova aba)
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