The United Nations International Covenant on Economic, Social and Cultural Rights treaty, enforced from 1976, aims to safeguard a child's right to education. Article 13.2 (a) states: "Primary education shall be compulsory and available free to all." Article 13.2 (b) says that secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education." The United States signed, but never ratified, the treaty, meaning they are not entirely bound to it. However, the U.S. does have compulsory education up to secondary level.
The 14th Amendment to the U.S. Constitution contains a "due process" clause. Section one of the amendment states that no state is permitted to "deprive any person of life, liberty, or property, without due process of law." This has become relevant to school in the 21st century and ensures that any student is protected by the U.S. Constitution to ensure the student is not expelled unfairly. This includes a right to a hearing and the right to legal representation.
Any school believing a student has committed an offense severe enough to warrant expulsion must provide a written explanation stating the school's reasons for expulsion. If the student denies the allegations made by the school, the authorities must give an explanation of their evidence and how they obtained it. Should the parent, and child, decide to take the decision to a hearing, the school must also provide any documents they plan to present, according to the Connecticut Network for Legal Aid website.
The 14th Amendment of the U.S. Constitution ensures any child expelled from a public school has the right to a hearing as part of due process. This should be a formal expulsion hearing no more than 11 school days after the expulsion. The hearing takes place in front of a Board of Education panel, often comprised of three members, as noted by the Connecticut Network for Legal Aid website. You may bring an attorney to the hearing and can cross-examine any of the school's witnesses. If it is believed the child may pose a threat to others or himself, he will not be allowed a hearing.
If a student is disabled, she cannot be expelled if the cause of the problem is as a result of her disability. The same applies if the school fails to implement an appropriate individualized education plan. The school must hold a planning and placement meeting to discuss these factors before the administration attempts to expel a disabled student.
If a student is ultimately expelled, he will probably have to find a new school. In the majority of cases, a school district is not permitted to reject a student based solely on his record. If he attempts to move to a new school before an expulsion hearing has taken place, the new school has the option of holding its own hearing.