Suspension, Expulsion, & Alternative School Placements

Riding the bus is considered a privilege, not a right. In general, students do not have strong legal protections or rights specifically tied to challenging bus suspensions.  

However, schools cannot punish students in a discriminatory manner and must still make sure that students’ disability related behaviors – including those that occur on the bus – are being addressed in a supportive way. Schools must also take steps to address and prevent bullying and harassment on the bus. 

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story.  If your student denies what the school is accusing them of, write to your student’s principal to request copies of all statements or investigation notes related to your student’s bus suspension.  If there is video footage of the incident, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Click to see an example email you can use to request this information. 
2. Ask for an alternative. Just because a school can suspend your student from the bus, it doesn’t mean that it should.  You can write to your principal to ask for a different consequence (e.g. peer mediation, letter of apology, in-school consequence, etc.). Click to see an example email you can use to ask for an alternative consequence.   
3. STUDENTS WITH DISABILITIES: Prepare for your manifestation determination review if one is required. If your student has missed more than ten days total of school in a particular school year due to suspensions, including being suspended from the special transportation services required in their IEP, make sure that their IEP or 504 Team timely meets to hold a Manifestation Determination Review (MDR).  Before that meeting, take all necessary steps to prepare fully for the MDR. 
4. Identify possible paths to challenge the bus suspension. Review your school board policies to see if the bus suspension may have been given in violation of your local policies. Consider filing a grievance if the suspension violated your local school board policies. NOTE: Most grievances must be submitted to your principal within 30 days (often school days) of the incident.  Review your local board policies to verify the specific requirements of your local process.      
5. Prevent future bus suspensions.  Identify what may be causing the misbehavior and ask for individualized supports to prevent future issues.  
   • If your student has an IEP or 504 Plan, request a Team meeting to discuss your concerns and request, if needed, (1) a functional behavioral assessment (FBA) and behavior intervention plan (BIP); and/or (2) special transportation as a related service.  Click here for an example email to request an FBA and BIP. 
   • If your student with a disability doesn’t get special education services at school but might need them, consider writing to the principal to ask for your student to be evaluated.  For more information about the special education eligibility process, visit the special education section of our website.  
   • If your student doesn’t have a disability, but needs help to support their behaviors in school, request that an MTSS team meet to discuss putting in place a behavior intervention plan (BIP) for the bus. Click here for an example email to request an MTSS meeting.  
   • If your student’s behaviors at school are related to unaddressed bullying, write to your principal to describe the bullying, the harm to your student, and any steps you believe the school should take to protect your student.  For more information about protections for students facing bullying, including sample emails, visit the Bullying and Discrimination section of our website. 
6. Build your team.  Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to help. We recommend letting the school know ahead of time if you will be bringing someone with you.     
7. Learn more.  Review our guides to School Discipline, Special Education, and Behavior Interventions for All Students for more information. 
8. If these steps don’t resolve your problem, contact LANC for help.   Call the LANC Helpline if the bus suspension was imposed in a discriminatory manner and/or your student’s disability-related services and accommodations, like bus transportation, are being denied. 

Request Video Footage and Documentation of Incident 

Request a Meeting to Discuss Alternative Discipline Measures for Your Student 

Request an FBA and BIP 

Request an MTSS Meeting

In general, students do not have strong legal protections or rights specifically tied to challenging in-school suspensions.  

However, schools cannot punish students in a discriminatory manner and must ensure that a student’s disability-related behaviors do not interfere with their ability to access school or their learning.  Schools must also take steps to address and prevent bullying and harassment that is triggering student misbehavior.

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story.  If your student denies what the school is accusing them of, write to your student’s principal to request copies of all statements or investigation notes related to your student’s bus suspension.  If there is video footage of the incident, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Click to see an example email you can use to request this information. 
2. Ask for an alternative. Just because a school can suspend your student, it doesn’t mean that it should.  You can write to your principal to ask for a different consequence (e.g. peer mediation, letter of apology, etc.). Click to see an example email you can use to ask for an alternative consequence.  
3. Request the educational supports your student is entitled to. In-school suspensions should not be academic punishments.  For all students, request all classwork and homework so that your student can try to stay caught up with their work.  For students with IEPs, ensure that they are also receiving the services required under their IEP. Click to see example emails regarding educational supports.  
4. STUDENTS WITH IEPs: Prepare for your manifestation determination review if one is required. If in-school and/or out-of-school suspensions have forced your student to miss the special education and related services required under their IEP for more than ten days total in a particular school year, make sure that their IEP or 504 Team timely meets to hold a Manifestation Determination Review (MDR).  Before that meeting, take all necessary steps to prepare fully for the MDR. 
5. Identify possible paths to challenge the in-school suspension. Review your school board policies to see if the in-school suspension may have been given in violation of your local policies. Consider filing a grievance if the suspension violated your local school board policies. NOTE: Most grievances must be submitted to your principal within 30 days (often school days) of the incident.  Check your local board policies to verify the specific requirements of your local process.      
6. Understand your school climate. The North Carolina Department of Instruction publishes data regarding in-school suspensions—disaggregated by race, sex, and disability—for every public school in North Carolina.  Find your school’s report card to identify whether your student’s suspension may be part of a larger concerning pattern and practice at your school.   
7. Prevent future suspensions.  Identify what may be causing the misbehavior and ask for individualized supports to prevent future issues.  
   • If your student has an IEP or 504 Plan, request a Team meeting to discuss your concerns and request, if needed, a functional behavioral assessment (FBA) and behavior intervention plan (BIP) to make sure the school provides accommodations or other supports that can address your student’s behavior in a supportive way. Click here for an example email to request an FBA and BIP. 
   • If your student with a disability doesn’t get special education services at school but might need them, consider writing to the principal to ask for your student to be evaluated.  For more information about the special education eligibility process, visit the special education section of our website. (See “Is your student struggling in school with academics, attendance, or behaviors, and do you think they might have a disability that is causing their struggles?”)  
   • If your student doesn’t have a disability, but needs help to support their behaviors in school, request that an MTSS team meet to discuss putting in place a behavior intervention plan (BIP) for the bus.  Click here for an example email to request an MTSS meeting. 
   • If your student’s behaviors at school are related to unaddressed bullying, write to your principal to describe the bullying, the harm to your student, and any steps you believe the school should take to protect your student.  For more information about protections for students facing bullying, including sample emails, visit the Bullying and Discrimination section of our website. 
8. Build your team.  Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may could help. We recommend letting the school know ahead of time if you will be bringing someone with you.     
9. Learn more.  Review our guides to School Discipline, Special Education, and Behavior Interventions for All Students for more information. 
10. If these steps don’t resolve your problem, contact LANC for help.  Call the LANC Helpline if the in-school suspension was imposed in a discriminatory manner and/or your student’s disability-related services and accommodations are being denied.  

Request Video Footage and Documentation of Incident 

Request a Meeting to Discuss Alternative Discipline Measures for Your Student 

Request an FBA and BIP 

Request an MTSS Meeting

All students facing an STS have the right to:

Under North Carolina law, a short-term suspension is defined as a disciplinary exclusion from a student’s assigned school for less than 10 school days.   

1. An explanation of why they are being suspended (what school rule they broke and the evidence the school has);

2. An opportunity to tell their side of the story, which can be a very informal conversation between a student and administrator; and

3. An opportunity to, upon request, take books home, get homework and make up missed tests.

4. In certain counties* and under certain limited situations, appeal their STS.

Students with IEPs and 504 Plans, and students with disabilities who the school knows or should know need an IEP or 504 Plan, have extra protections when facing STS. Those students cannot be STSed for more than 10 total days in a school year for behaviors that are related to their disabilities. Once a student with a disability has been suspended from school for more than 10 days in the same school year, the student’s IEP or 504 Team must hold a special meeting called a manifestation determination review (MDR) to discuss the student’s disability and the behavior that led to their suspension, and decide whether the behavior was either related to the student’s disability or caused by the school’s failure to implement their IEP or 504 Plan. If the behavior was disability-related or caused by the school’s failure to provide required supports, then the student cannot be suspended and must be allowed to return to school.

Schools should, and in some cases must, conduct functional behavioral assessments (FBAs) and create behavior intervention plans (BIPs) to prevent future misbehavior. Students with IEPs have the additional right to receive uninterrupted access to educational services once they have been suspended for more than 10 days in a particular school year. Beginning on day 11 of suspension and continuing for any additional suspensions that same school year, a student with an IEP must receive the services listed in their IEP and any additional instruction and support needed to continue to make progress in their classes. These services during suspensions can be provided in an alternative setting.

*As of February 2023, the school districts that give students the opportunity to appeal short-term suspensions in some or all cases are Catawba, Cumberland, Charlotte-Mecklenburg, Dare, Guilford, Halifax, Hoke, Jones, Lexington City, Madison, Martin, Pamlico, Weldon City, and Whiteville City. Read the linked policies to learn more.

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story.  Write to your student’s principal to request copies of all statements or investigation notes related to your student’s suspension.  If there is video footage of the incident, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Click to see an example email you can use to request this information. 
2. Ask for an alternative. Just because a school can suspend your student, it doesn’t mean that it should.  You can write to your principal to ask for a different consequence (e.g. peer mediation, letter of apology, in-school consequence, etc.). Click to see an example email you can use to ask for an alternative consequence.  
3. Request the educational supports your student is entitled to. Suspensions should not be academic punishments.  For all students, request all classwork and homework so that your student can try to stay caught up with their work.  For students with IEPs who have reached 11+ days of out-of school suspension in a particular year, ensure that they are also receiving the services required under their IEP. Click to see an example email requesting educational supports. 
4. STUDENTS WITH DISABILITIES: Prepare for your manifestation determination review if one is required. If your student’s out-of-school suspension total for this school year is more than 10 days, make sure that their IEP or 504 Team timely meets to hold a Manifestation Determination Review (MDR).  Before that meeting, take all necessary steps to prepare fully for the MDR. 
5. Identify possible paths to challenge the suspension. Review your school board policies to see if (a) the suspension may have been given in violation of your local policies; and/or (b) your local policies provide an opportunity for a student to appeal short-term suspensions. 
   • For the districts listed above, follow the steps outlined in your board policies’ short-term suspension appeal process.  
   • For all other districts, consider filing a grievance if the suspension violated your local school board policies (e.g. your student didn’t receive notice/the opportunity to tell their side of the story/access to schoolwork and/or the school didn’t follow its own code of conduct/board policies when imposing the suspension). NOTE: Most grievances must be submitted to your principal within 30 days (often school days) of the incident.  Check your local board policies to verify the specific requirements of your local process.      
6. Understand your school climate. The North Carolina Department of Instruction publishes data regarding short-term suspensions—disaggregated by race, sex, and disability—for every public school in North Carolina.  Find your school’s report card to identify whether your student’s suspension may be part of a larger concerning pattern and practice at your school.   
7. Prevent future suspensions.  Identify what may be causing the misbehavior and ask for individualized supports to prevent future issues.  
   • If your student has an IEP or 504 Plan, request a Team meeting to discuss your concerns and request, if needed, a functional behavioral assessment (FBA) and behavior intervention plan (BIP) to make sure the school provides accommodations or other supports that can address your student’s behavior in a supportive way. Click here for an example email to request an FBA and BIP. 
   • If your student with a disability doesn’t get special education services at school but might need them, consider writing to the principal to ask for your student to be evaluated.  For more information about the special education eligibility process, visit the special education section of our website. (See “Is your student struggling in school with academics, attendance, or behaviors, and do you think they might have a disability that is causing their struggles?”)  
   • If your student doesn’t have a disability, but needs help to support their behaviors in school, request that an MTSS team meet to discuss putting in place a behavior intervention plan (BIP) for the bus.  Click here for an example email to request an MTSS meeting. 
   • If your student’s behaviors at school are related to unaddressed bullying, write to your principal to describe the bullying, the harm to your student, and any steps you believe the school should take to protect your student. For more information about protections for students facing bullying, visit the Bullying and Discrimination section of our website. 
8. Build your team.  Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may could help. We recommend letting the school know ahead of time if you will be bringing someone with you.
9. Learn more.  Review our guides to School Discipline, Special Education, and Behavior Interventions for All Students for more information. 
10. If these steps don’t resolve your problem, contact LANC for help.  Call the LANC Helpline if the short-term suspension was imposed in a discriminatory manner and/or your student’s disability-related services and accommodations are being denied.  

Request Video Footage and Documentation of Incident 

Request a Meeting to Discuss Alternative Discipline Measures for Your Student 

Request IEP or 504 Plan Educational Supports 

Request an FBA and BIP

Request an MTSS Meeting

Under North Carolina law, a long-term suspension is defined as a disciplinary exclusion from a student’s assigned school for more than 10 school days. Long-term suspensions can only be given for violations of the Student Code of Conduct that include long-term suspension as a possible consequence.   

Length of long-term suspension:

If an incident happens in the first three quarters of a school year, the longest period of time a student could be suspended would be for the remainder of that school year.  If an incident occurs in the final quarter of the school year, a student may be long-term suspended for the remainder of that school year and the first semester of the next school year.   

Due process protections:

The first 10 days of a student’s long-term suspension is considered to be a “short-term suspension.”  During that period of time, the student has the same rights as other short-term suspended students, including the right to informal notice, the opportunity to be heard, and the opportunity to take books home and make up work.   

Before a student can be long-term suspended, they must be provided with formal due process, including written notice and the right to a formal appeal.  If a student requests an appeal hearing within the timeframe set forth by school board policies (typically 2-3 days), the appeal hearing must be held before the student’s long-term suspension goes into effect on day 11 of the suspension.  Even if the student doesn’t request a hearing within that timeframe, they must still be given an opportunity to have a hearing if they request one. In that scenario, however, the school is allowed to start the long-term suspension before the hearing happens. 

Written notice of the long-term suspension recommendation must be provided to the student’s parents on the same day as the LTS recommendation, or as soon thereafter as possible.  Information about the long-term suspension and the process for appealing it must be provided in the parent’s native language and the written notice must include contact information for school employees who can assist the parent in understanding any parts of the notice not provided in their native language.  The written notice must describe the following items: 

1. the underlying incident and the student’s specific conduct that triggered the suspension recommendation. 

2. the Code of Student Conduct provisions the student is accused of violating. 

3. the specific process through which a parent can request an appeal hearing, including any relevant deadlines. 

4. an overview of the appeal hearing process. 

5. notice of the parent’s right to retain an attorney. 

6. notice of whether local school board policies permit the parent to bring a non-attorney advocate to the hearing.  

7. notice that the parent has the right to review and get copies of the student’s educational records before the hearing, which includes all statements and other evidence to be used against the student in the appeal hearing.  

8. a reference to the local school board policy that governs when and how discipline records may be expunged.   

Students who are facing a long-term suspension have the following rights related to appealing their long-term suspension:  

1. The right to a hearing before an unbiased decisionmaker who is not under the supervision of the principal recommending the long-term suspension. 

2. The right to attend the hearing with their parent(s), and to be represented by an attorney. 

3. The right to review before the hearing any audio or video recordings of the incident and any information supporting the suspension that may be presented as evidence at the hearing (e.g. investigation notes, witness statements, etc.). 

4. The right to question witnesses appearing at the hearing. 

5. The right to present evidence on their own behalf. 

6. The right to have a record made of the hearing, and to make their own audio recording.   

7. The right to a written decision, based on substantial evidence presented at the hearing, that either approves, modifies, or rejects the principal’s long-term suspension recommendation.  The written decision must describe the basis for the decision, including the rule or policy the student was found to have violated; notice of what information will be maintained in the student’s official record; and the procedures for further appeals.  

8. The right to appeal the decision to the local school board (or charter school board of directors) if the initial hearing was not before that board.  

9. The right to appeal to superior court to challenge a local board’s decision to uphold a long-term suspension.  

Access to alternative education:

While serving a long-term suspension, students must be given access to alternative education services unless the superintendent provides a significant or important reason why those services cannot be provided (e.g. the student poses a threat to staff or other students, etc.).  A superintendent’s decision to deny alternative education services can be appealed to a local school board or charter school board of directors.   

Students with IEPs cannot be denied access to alternative education services.  Those students have the right to, beginning on the student’s 11^th total day of suspension in a given school year, begin receiving the services listed in their IEP and any additional instruction and support needed to continue to make progress in their classes.  The 11-day total takes into account all previous suspensions from that same school year.  Services provided during suspensions can be provided in an alternative setting.   

Additional protections for students with disabilities:   

When a student with a disability, including students with IEPs or 504 plans and students the school should know need an IEP or 504 plan, is facing a long-term suspension recommendation, the student’s IEP or 504 Team must hold a special meeting called a manifestation determination review (MDR).  In the MDR, the IEP Team discusses the student’s disability and the behavior that led to their suspension, and decides whether the behavior was either related to the student’s disability or caused by the school’s failure to implement their IEP or 504 Plan. This meeting must take place as soon as possible, but no later than 10 days after the long-term suspension recommendation is made.  If the school-based team determines that the student’s behavior was disability-related or caused by the school’s failure to provide required supports, then the student cannot be suspended and must be allowed to return to school.   In limited situations, a student may still be required to attend an alternative setting if their behavior involved a weapon or drugs, or caused serious bodily injury.   

Schools should, and in cases where the student’s behavior is disability-related must, conduct functional behavioral assessments (FBAs) and create behavior intervention plans (BIPs) to prevent future misbehavior.  

1. Submit your appeal request within the required deadline.  If you want to appeal your student’s long-term suspension recommendation, submit all required appeal request paperwork as soon as possible, and within the deadline set forth by the school district.  You can always request that the hearing be postponed so that you can better prepare and/or seek legal counsel, but meeting the appeal deadline is important for preserving your student’s right to have a hearing before their long-term suspension is imposed.  If the form asks you to admit guilt, answer “not guilty” or leave that portion blank. 
2. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story.  Write to your student’s principal to request copies of all statements or investigation notes related to your student’s suspension.  If there is video footage of the incident, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Click to see an example email you can use to request this information. 
3. Request the educational supports your student is entitled to. Suspensions should not be academic punishments.  For all students, request all classwork and homework so that your student can try to stay caught up with their work.  For students with IEPs who have reached 11+ days of out-of school suspension in a particular year, ensure that they are also receiving the services required under their IEP. Click to see an example email requesting educational supports. 
4. Begin gathering witnesses and letters of support.  In a suspension appeal hearing, you will have the opportunity to present evidence on your student’s behalf.  This could include having people come to the hearing to speak on your student’s behalf, or could include letters of support or statements provided by individuals who are familiar with your student and/or what happened.  As soon as possible, begin identifying who you want to write a letter of support for your student, who you want to provide statements or testimony to contradict the school’s version of events, and what other information you may want to share. Letters can be about (1) the incident itself or (2) about your student, their character, and their goals and dreams, and why the school should consider an alternate disciplinary measure that would allow them to stay in school.  
5. STUDENTS WITH DISABILITIES: Prepare for your manifestation determination review (MDR). MDRs are required for students who are facing long-term suspensions.  Make sure that their IEP or 504 Team meets as soon as possible but no later than 10 days to hold a Manifestation Determination Review (MDR).  Before that meeting, take all necessary steps to prepare fully for the MDR. 
6. Understand your school climate. The North Carolina Department of Instruction publishes data regarding short-term suspensions—disaggregated by race, sex, and disability—for every public school in North Carolina.  Find your school’s report card to identify whether your student’s suspension may be part of a larger concerning pattern and practice at your school.   
7. Build your team.  Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may could help. We recommend letting the school know ahead of time if you will be bringing someone with you.     
8. Learn more.  Review our guides to School Discipline, Special Education, and Behavior Interventions for All Students for more information. 
9. Contact LANC for help.  Call the LANC Helpline if your student is facing a long-term suspension and you want advice and/or representation navigating an appeal of that consequence.  

Request Video Footage and Documentation of Incident 

Request a Meeting to Discuss Alternative Discipline Measures for Your Student 

Request IEP or 504 Plan Educational Supports 

State policy on discipline states that schools can only issue 365-day suspensions for incidents involving firearms on campus. Students facing 365-day suspensions have all the same rights as students facing long-term suspensions. They have the additional right to request a reconsideration of their suspension after they have served 180 days.

1. Review our overview of School Discipline. Appeal the 365-day suspension according to the procedure outlined in the board policy that the school gives you. If you are unsuccessful, submit a request for readmission after 180 days of suspension.
2. For youth with IEPs or 504 Plans: Ensure an MDR is held and FBA/BIP completed if needed.
3. For youth with disabilities who don’t get special education services in school but may need them, consider writing to the school to ask for your student to be evaluated because you believe they need special education services. Ask for the evaluation to be expedited if the student is on expulsion.
4. Call the LANC Helpline if you need support in appealing the 365-day expulsion and/or requesting readmission.

State policy on discipline states that students facing disciplinary reassignment have the right to appeal the reassignment to the superintendent or a hearing officer, the board of education and the Superior Court. Students with IEPs and 504 Plans, and students with disabilities who the school knows or should know are in need of an IEP or 504 Plan, have extra protections when facing reassignment. Within 10 school days of deciding to reassign the student, the school must hold a manifestation determination review (MDR). Schools should, and in some cases must, conduct FBAs and create BIPs to prevent future misbehavior.

1. Review our overview of School Discipline. Appeal the reassignment according to the procedure outlined in the board policy that the school gives you.
2. For youth with IEPs or 504 Plans: Ensure an MDR is held and FBA/BIP completed if needed.
3. For youth with disabilities who don’t get special education services in school but may need them, consider writing to the school to ask for your student to be evaluated because you believe they need special education services. Ask for the evaluation to be expedited if the student is under on suspension or expulsion.
4. Call the LANC Helpline if you need support in appealing wrongful reassignment.

State policy on discipline states that students facing expulsions have all the same rights as students facing long-term suspensions, except schools are not legally required to offer alternative education services to expelled youth without disabilities. In addition to demonstrating that a student violated the alleged code of conduct provision, the school must also show that allowing the student to attend any school or program in the district would threaten the safety of others. Expelled students can petition for readmission every 180 days.

1. Review our overview of School Discipline. Appeal the expulsion according to the procedure outlined in the board policy that the school gives you. If you are unsuccessful, submit a request for readmission after 180 days.
2. For youth with IEPs or 504 Plans: Ensure an MDR is held and FBA/BIP completed if needed.
3. For youth with disabilities who don’t get special education services in school but may need them, consider writing to the school to ask for your student to be evaluated because you believe they need special education services. Ask for the evaluation to be expedited if the student is expelled.
4. Call the LANC Helpline if you need support in appealing the expulsion and/or requesting readmission.