School Suspension and Expulsion Defense Lawyers Serving New Jersey and Pennsylvania

Our school suspension and expulsion defense lawyers represent students and families when a school district in New Jersey or Pennsylvania moves to suspend, expel, or otherwise remove a student from the classroom. A disciplinary record can affect college admissions, scholarship eligibility, and future opportunities, and both states give students specific procedural rights before a school may impose serious discipline. At Ratliff Jackson LLP, we hold districts to those requirements at every stage: the initial notice, the informal hearing, the formal board hearing, and any appeal. Because the two states follow different rules, this page walks through each framework in turn.

Suspension vs. Expulsion Under New Jersey Law

New Jersey draws sharp legal lines between short-term suspension, long-term suspension, and expulsion. Each carries different procedural requirements, and the correct defense strategy depends on which category the district is pursuing.

Short-Term Suspension (10 Consecutive School Days or Fewer)

Under N.J.A.C. 6A:16-7.2, before a short-term suspension the district must give the student oral or written notice of the charges as soon as practical, and if the student denies the charges, an explanation of the evidence supporting them. The student is entitled to an informal hearing with a school administrator before the suspension begins, where the student may present his or her version of events. A student may be removed immediately only if his or her presence poses a continuing danger or an ongoing threat of disruption, and even then the informal hearing must be held as soon as practical afterward. Parents must be notified before the end of the school day on which the decision to suspend is made, and academic instruction must resume within five school days of the suspension.

Long-Term Suspension (More Than 10 Consecutive School Days)

N.J.A.C. 6A:16-7.3 imposes a far more demanding process. The district must notify the student of the charges before removal, hold an informal hearing before the suspension, immediately notify the parents, and provide written notification to the parents within two school days of the start of the suspension. A formal hearing before the district board of education, or a committee, administrator, or impartial hearing officer to whom the board delegates the fact-finding role, must take place no later than 30 calendar days after the student is removed. The board's decision must rest on a preponderance of competent and credible evidence, and the board must provide a written statement of its decision to the parents within five school days after the hearing closes. Under N.J.S.A. 18A:37-5, a suspension may not continue beyond the board's second regularly scheduled meeting following the suspension unless the board itself so determines.

Expulsion

Expulsion is the cessation of a student's educational program, the most severe sanction available to a district. Under N.J.A.C. 6A:16-7.4, a board of education may expel a general education student, pursuant to N.J.S.A. 18A:37-2, only after it has provided the full set of long-term suspension due process rights and an appropriate educational program or service in the interim. Even after an expulsion decision, the district must continue providing an appropriate educational program or service until a final determination is made on any appeal.

What Conduct Can Lead to Suspension or Expulsion in New Jersey

N.J.S.A. 18A:37-2 lists the categories of conduct that constitute good cause for suspension or expulsion, including continued and willful disobedience, open defiance of school authority, conduct posing a continuing danger to other students, physical assault, taking property by force or fear, and possession or use of alcohol or controlled substances on school premises. The list is not exhaustive, but discipline must still be tied to the district's code of student conduct adopted under N.J.A.C. 6A:16-7.1, and the district bears the burden of proving the charged conduct with competent evidence. Our school suspension and expulsion defense lawyers test whether the charged conduct actually fits the cited rule, whether the evidence supports the charge, and whether the penalty is proportionate.

New Jersey's Special Rules for Young Students and Staff Assault Cases

Two situations follow their own statutory tracks. First, under N.J.S.A. 18A:37-2a, a preschool student may not be suspended or expelled, and a student in kindergarten through second grade may not be expelled except under the Zero Tolerance for Guns Act, N.J.S.A. 18A:37-7 et seq., and may not receive an out-of-school suspension unless the conduct was violent or sexual in nature and endangered others. Districts sometimes impose removals on young children that the statute simply does not permit.

Second, under N.J.S.A. 18A:37-2.1, a student alleged to have committed an assault on a teacher, administrator, board member, or other district employee must be immediately suspended pending board proceedings. Those proceedings must occur no later than 30 calendar days after the suspension, the board must decide within five days after the hearing closes, and any appeal must be filed with the Commissioner of Education within 90 days of the board's decision. These cases move fast, and early representation matters.

Suspension vs. Expulsion Under Pennsylvania Law

Pennsylvania regulates school exclusion through 22 Pa. Code Chapter 12, and the framework differs from New Jersey's in several ways that matter to a defense.

Suspension (1 to 10 Consecutive School Days)

Under 22 Pa. Code § 12.6, a suspension may be imposed by the principal or person in charge of the school. The student may not be suspended until he or she has been informed of the reasons for the suspension and given an opportunity to respond, unless the health, safety, or welfare of the school community is clearly threatened. The parents and the district superintendent must be notified immediately in writing. When a suspension exceeds 3 school days, the student and parent must be given the opportunity for an informal hearing under § 12.8(c), which the district must offer to hold within the first 5 days of the suspension. At the informal hearing, the student is entitled to written notice of the reasons for the suspension, notice of the time and place of the hearing, the right to question any witnesses present, and the right to speak and produce witnesses. Students also retain the right to make up exams and work missed during a suspension.

Expulsion (Exclusion Beyond 10 School Days)

In Pennsylvania, expulsion is exclusion from school by the governing board for a period exceeding 10 school days, and it may be permanent removal from the school rolls. Under 22 Pa. Code § 12.6 and 24 P.S. § 13-1318, only the board may expel, and only after a prior formal hearing. Before the board's hearing and decision, the student generally must remain in his or her normal class. A student may be excluded longer only if, after an informal hearing, the district determines the student's presence would threaten the health, safety, or welfare of others and a formal hearing cannot be held within the suspension period, and even then the exclusion may not exceed 15 school days without a formal hearing unless both sides agree. Any student excluded in this posture must be provided alternative education.

Formal Hearing Rights Under 22 Pa. Code § 12.8

Pennsylvania's formal hearing rules give students concrete, enforceable rights: notice that includes a copy of the expulsion policy and the hearing procedures, the right to be represented by counsel, the right to be presented with the names of the witnesses against the student and copies of their statements and affidavits, the right to request that witnesses appear in person and be cross-examined, and the right to testify and present witnesses. The hearing is held in private unless the student or parent requests a public hearing, and notice of the right to appeal must be provided with the expulsion decision. Districts that cut corners on any of these requirements expose their decisions to challenge.

Students with Disabilities: The Manifestation Determination

Federal law adds a separate layer of protection for students with disabilities. Under 34 C.F.R. § 300.530(e), within 10 school days of any decision to change the placement of a child with a disability for a code of conduct violation, the district, the parent, and relevant members of the IEP team must review the student's file and determine whether the conduct was caused by, or had a direct and substantial relationship to, the child's disability, or was the direct result of the district's failure to implement the IEP. A change of placement includes a removal of more than 10 consecutive school days or a pattern of shorter removals under 34 C.F.R. § 300.536. If the conduct is found to be a manifestation of the disability, the district generally may not proceed with the disciplinary removal and must instead address the behavior through the IEP process. These federal protections apply in New Jersey and Pennsylvania alike, and they run alongside each state's own procedures. Our practice spans both special education law and disciplinary defense, which allows us to press these protections when the two areas overlap.

Appealing a Suspension or Expulsion Decision

New Jersey: The Commissioner of Education

An appeal of a long-term suspension decision is made to the New Jersey Commissioner of Education under N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17, and an appeal of an expulsion decision under N.J.S.A. 18A:6-9 and the same procedural rules. Procedural violations are often decisive on appeal. In a 2024 final decision, the Commissioner expunged a student's expulsion where the district failed to provide an informal hearing, missed the two-day written notice deadline, held the formal hearing more than 30 calendar days after removal, and omitted the required summary of testimonial evidence from its decision letter. The district must continue providing an appropriate educational program or service while an expulsion appeal is pending.

Pennsylvania: The Court of Common Pleas

In Pennsylvania, notice of the right to appeal must accompany the expulsion decision under 22 Pa. Code § 12.8. School boards are local agencies, and expulsion decisions are challenged in the Court of Common Pleas under Pennsylvania's Local Agency Law, with further review available in the Commonwealth Court. Because the appeal reviews the record the board created, the formal hearing itself is where the case is won or preserved, which is why we treat every hearing as if the appeal has already begun.

How We Defend Students

Our approach in suspension and expulsion matters includes:

• Reviewing the district's notices, timelines, and hearing procedures against the requirements of N.J.A.C. 6A:16-7.2 through 7.4 or 22 Pa. Code §§ 12.6 and 12.8, and identifying every procedural defect.
• Representing students at informal hearings and formal board hearings, including presenting witnesses, challenging the district's evidence, and building a record for appeal.
• Requesting and litigating manifestation determination reviews for students with IEPs or 504 plans.
• Negotiating alternative resolutions, including reduced penalties and alternative educational placements, where that serves the student's interests.
• Filing and litigating appeals, before the New Jersey Commissioner of Education or in the Pennsylvania Court of Common Pleas, including requests for interim relief where appropriate.

We represent students in public, charter, and private schools throughout New Jersey and Pennsylvania. Private school discipline follows different rules, typically grounded in contract and the school's own handbook, and we evaluate those cases on their own terms. For college and university disciplinary matters, including academic integrity and Title IX proceedings, our higher education practice represents students in campus proceedings nationwide.

Frequently Asked Questions About School Suspension and Expulsion