Suspended in Pennsylvania? Chapter 12 hearings, bullying help, and your right to speak

Pennsylvania's compulsory school age, meaning the ages when the law requires a child to attend, runs from 6 to 18. A child who turns 6 on or before September 1 must enroll that year, in school or in a home school program. A student who has already graduated from high school is no longer covered.

That duty does not end with an expulsion. Chapter 12 says students under 18 who are expelled must still be given an education.

A suspension, which means being kept out of school, lasts 1 to 10 school days in a row. Before it starts, you must be told why and given a chance to respond, unless there is a clear safety threat. Your parents and the superintendent must be told in writing right away. Suspensions cannot be stacked back to back past 10 days.

If the suspension is longer than 3 school days, the school must offer an informal hearing, a meeting with a school official where you can explain what happened, within the first 5 days. You can question witnesses who are there and bring your own. Ask for it. You are allowed to.

An expulsion is being kept out for more than 10 school days, and it can be permanent. Only the school board can expel, and only after a formal hearing. The notice goes by certified mail at least 3 days ahead. You can have a lawyer (paid by your family), see the names and statements of witnesses against you, ask them questions, and testify. The hearing must be held within 15 school days of the notice unless both sides agree, and the decision must tell you how to appeal.

The U.S. Supreme Court set the federal floor in Goss v. Lopez (1975): a student facing a suspension of 10 days or less must get notice of the charges and a chance to tell their side.

The Pennsylvania Department of Education (PDE) tells schools to use their bullying prevention policy to decide who receives a report, then to investigate. If one-sided bullying may be happening, PDE says the school should act for the student being targeted without waiting for proof, and can write an action plan to keep that student safe.

Chapter 12 also protects speech. Students may express themselves, including with buttons, armbands, and handbills, unless it seriously disrupts school, threatens serious harm, encourages breaking the law, or interferes with someone else's rights.