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A 16-year-old at a high school in Lewiston is sent home after a fight in the cafeteria, and the principal mentions the word 'expulsion'. Maine law gives that student and their family specific steps before an expulsion can happen, and it caps how long a principal alone can keep a student out. School is required in Maine until age 17, so these rules touch almost every teenager in the state.
Suspension: up to 10 days, and your side of the story
A suspension is a period when you are kept out of class or out of school as discipline. In Maine, a school board may let a principal suspend a student for up to 10 days for breaking school rules. The school must give parents written notice of any suspension, in school or out of school.
The U.S. Supreme Court set the national floor in Goss v. Lopez (1975). It held that before a suspension of 10 days or less, a public school student must be told what they are accused of and, if they deny it, hear the evidence and get a chance to tell their side. Tell your side. You are allowed to.
Younger students get more protection in Maine. A student in grade 5 or below cannot get an out-of-school suspension unless the principal finds an imminent danger of serious physical injury and less restrictive steps would not work. Even then it may not last more than 3 days, and recess cannot be taken away as punishment.
Expulsion: only the school board, and only after a hearing
Expulsion means being removed from school for a longer time, and in Maine only the school board can do it. Before the hearing, the superintendent must send written notice with the date, time, and place, a description of the incident, and an explanation of what an expulsion would mean. The notice also says you and your parents may review your school records first, and it invites you to a meeting to go over how the hearing works.
At the hearing, you may bring an attorney or another representative, present your own witnesses, and question the school's witnesses. Witnesses are sworn in. The board sends its decision by certified mail. It may include a reentry plan, which lists what you must do to come back. A student can be readmitted by showing the behavior is not likely to happen again.
If you are bullied: report it, and ask what happens next
Maine's anti-bullying law requires every school board to have a written policy. Students, parents, and staff must be able to report bullying, and reports can be anonymous. Coaches and staff must pass reports to the principal or the person the superintendent names. The school must investigate promptly, write down the outcome, and tell the parent of the bullied student what it is doing to keep them safe. Punishing someone for reporting, called retaliation, is also banned.
Find the policy in your student handbook or on the district website, where the law says it must be posted. If you disagree with what the principal decided, the policy must include a way to appeal, which may go to the superintendent. Put your report and your appeal in writing and keep a copy.
記住這些
- A Maine principal can suspend for up to 10 days, and Goss v. Lopez gives you the right to hear the charges and tell your side first.
- Only the school board can expel, after written notice and a hearing where you may have a lawyer and question witnesses.
- Students in grade 5 or below face out-of-school suspension only for serious danger, and for no more than 3 days.
- Bullying reports can be anonymous, must be investigated promptly, and the principal's decision can be appealed.
資料來源
- Maine Legislature: Title 20-A, §1001, Duties of school boards (在新分頁開啟)
- Maine Legislature: Title 20-A, §6554, Prohibition on bullying in public schools (在新分頁開啟)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (在新分頁開啟)
- Maine Department of Labor: Maine Laws Governing the Employment of Minors (在新分頁開啟)
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