Expulsion Decisions and Criminal Charges: Balancing School Safety and Student Rights

When a student is expelled from school, it is often seen as a final and definitive action. However, it is important to understand that criminal charges and school penalties are distinct and separate matters. Each carries its own set of consequences and regulations that are not directly connected. Understanding these distinctions is crucial for ensuring fair and just outcomes for students and their communities.

Separate Entities: Criminal Liability vs. School Penalties

Criminal charges refer to whether a person is criminally liable for their actions. Legal procedures and trials determine guilt, and if convicted, the outcomes can include penalties such as fines, community service, and imprisonment. The outcome of a criminal trial does not automatically dictate the actions of a school.

School penalties are governed by the school's internal policies and the state or local education department. These policies can include expulsions, suspensions, and sanctions based on the school’s discretion. The school's actions are often guided by the safety of its students and staff, and the overall well-being of the school environment. The two systems are independent, and a student can be responsible for criminal charges without necessarily facing school penalties, and vice versa.

A Real Case: Balancing School Safety and Student Rights

I recently worked with a student who, at the age of 12, put a pencil through another child's hand during a moment of mental instability. Despite a notable incident, the student was found not guilty due to a plea of insanity. The student was then returned to school, under the directive of the State Education Department, which recognized the student's condition and prohibited the school from penalizing a child who is legally determined not to understand the severity of their actions.

The student was diagnosed with schizophrenia, similar to their father, and their condition did not respond to medication. Additionally, the student heard voices that instructed harmful actions and saw things that others could not perceive. Given these circumstances, the school's decision to keep the student in a mainstream setting despite the obvious risks might seem concerning. However, the legal and educational policies in place prioritize the student's rights and safety over the potential risks to others.

Expulsion Decisions: Navigating the Landscape of Legal and Educational Policies

Expulsion decisions by schools can be complex and multifaceted. Schools must consider various factors, including the incident's nature, the student's history, and the potential impact on the school community. While a single incident may be a critical factor, the school's ability to expel a student can be influenced by legal frameworks and departmental guidelines.

Each state government's Department of Education provides guidelines and laws that local school districts must follow. These guidelines are designed to ensure a balanced approach to student safety and the fair treatment of students. School districts have some leeway in interpreting these laws, allowing them to tailor their policies to meet the unique needs of their communities.

For a more detailed understanding of these policies, students, parents, and educators can visit the Department of Education's website to review student expulsion guidelines and laws. Alternatively, consulting an attorney can provide personalized guidance based on specific circumstances.

Conclusion

Expulsion decisions and criminal charges are indeed separate processes, each governed by distinct legal and educational frameworks. It's crucial to understand that while a criminal trial may exonerate a student, school policies can still determine whether a student is expelled. This complex interplay between legal and educational policies underscores the importance of comprehensive policies and understanding, ensuring that both student rights and school safety are upheld.