NORTHVILLE, Mich., Oct. 26, 2022 (GLOBE NEWSWIRE) — In response to the growing number of students accused of school offenses, the law firm of Kelly & Kelly PC announces that they will represent students who have been suspended, expelled . , or face disciplinary action. Attorney Michael B. Kelly of Kelly & Kelly PC has been involved in over 40 school board hearings and represented hundreds of students accused of school-related disciplinary issues. These offenses include drugs, academic dishonesty, threats, social media/cybercrime, Title IX Complaints and Defenses, suspension/expulsion, etc.
Before discussing current issues with school discipline, it is important to understand the process for suspension/expulsion.
If a student is suspended for 10 days or less, it is considered a “short-term suspension.” In short-term suspensions, the student only has minimal due process protections and does not have the right to appeal a disciplinary decision to the District School Board. Likewise, a student facing a short-term suspension is not entitled to legal representation as they would be in a long-term suspension appeal hearing.
On the other hand, if a student is suspended for more than 10 days, it is considered a long-term suspension and the student will have an opportunity for a student disciplinary hearing.
In the event that a school suspends a student for 50-180 days, this is considered a long-term exclusion/expulsion.
The removal of a student from school creates a significant gap in the educational level, which in turn leads to more behavioral problems. These are unintended consequences associated with taking action first and asking questions later and giving school administrators the freedom to suspend students at their discretion.
There is a lack of uniformity among school administrators. School discipline used to be governed by State law; now it is voluntary. They are quick to punish, they would rather be “safe than sorry”. Unfortunately, this results in an unfair perception of misconduct patterns and puts a target on the students’ backs.
For example, some schools intentionally suspend children for 10 days, which is the maximum length of time for “short-term suspensions.” In these cases, students are suspended for 10 days without the right to due process.
Mike Kelly believes that schools should return to having parameters and guidelines when disciplining a student. These guidelines must be actively updated and shared with parents and students. At the end of the day, we should be providing guidance and education to help correct wrongful behavior as opposed to sweeping problems under the rug to protect a school’s reputation.
To learn more about Mike Kelly and Kelly & Kelly PC, visit their website below.
Image 1: Defense Attorney Mike Kelly
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Defense attorney Mike Kelly