SCHOOL DISCIPLINE DEFENSE

Connecticut School Expulsion Lawyer

Q: What is a school expulsion in Connecticut?

Under C.G.S. § 10-233d, expulsion is an exclusion from school for ten or more consecutive school days. It is the most serious form of school discipline in Connecticut and can only be imposed by the board of education or an impartial hearing board after a formal hearing. A student in grades three through twelve can be expelled if their conduct on school grounds violates board policy and is seriously disruptive of the educational process or endangers persons or property.

Q: What are a student's rights at an expulsion hearing?

Students facing expulsion in Connecticut have the right to written notice at least five business days before the hearing, the right to be represented by an attorney, the right to postpone the hearing for up to one week to obtain representation, the right to present evidence and call witnesses, the right to cross-examine witnesses the school presents, and the right to a written decision from the board. If the school retains an attorney for the hearing, that attorney cannot also represent the board of education.

Q: How long can a student be expelled in Connecticut?

For mandatory offenses involving weapons or controlled substances, the default expulsion period is one calendar year, though the board can modify this on a case-by-case basis. For discretionary expulsions, the length is determined by the board based on the circumstances. The board reviews the student's disciplinary history to determine the length of expulsion but cannot use past history to decide whether to expel in the first place. For first-time offenses, the board has discretion to shorten or waive the expulsion period.

Q: What happens if a student with a disability faces expulsion?

If a student has an IEP or 504 plan, the school must conduct a manifestation determination before proceeding with expulsion. The team must determine whether the behavior was caused by the disability or resulted from the school's failure to implement the IEP or 504 plan. If the behavior is a manifestation of the disability, the student cannot be expelled through the standard process and must be returned to their placement. The school must also conduct a Functional Behavioral Assessment and implement or revise a Behavior Intervention Plan.

Q: Can I appeal an expulsion decision in Connecticut?

Yes. You can appeal an expulsion decision to the Connecticut State Board of Education within 20 days of the decision, or to the Superior Court under the Uniform Administrative Procedure Act. If the decision was procedurally flawed, based on insufficient evidence, or disproportionate to the conduct, an appeal may result in the expulsion being overturned or modified.

Maya Murphy, P.C. defends students facing expulsion in Connecticut. Expulsion hearings move fast and the consequences can follow your child for years. We fight to protect your child's rights, challenge unfair discipline, and keep your child's educational future on track.

Schedule a Consultation →(203) 221-3100

Is Your Child Facing Expulsion?

The Connecticut Education Lawyers at Maya Murphy, P.C. defend students in expulsion hearings throughout Connecticut and New York.

Schedule a Consultation →Call (203) 221-3100

Key takeaways

Under C.G.S. 10-233d, expulsion is an exclusion from school for ten or more consecutive school days. A student cannot be expelled without a formal hearing unless an emergency exists. You must receive written notice at least five business days before the hearing.
Expulsion proceedings are mandatory when a student is believed to have possessed a firearm, deadly weapon, or dangerous instrument on school grounds, or offered a controlled substance for sale or distribution. The mandatory expulsion period is one calendar year, though the board can modify it case by case.
Your child has the right to be represented by an attorney at the expulsion hearing. You also have the right to postpone the hearing for up to one week to obtain representation.
If your child has an IEP or 504 plan, the school must conduct a manifestation determination before proceeding with expulsion. If the behavior was caused by the disability, the student cannot be expelled through the standard process.
You can appeal an expulsion decision to the Connecticut State Board of Education within 20 days, or to the Superior Court under the Uniform Administrative Procedure Act.

What Is a School Expulsion in Connecticut?

Under C.G.S. 10-233d, expulsion is an exclusion from school for a period of ten or more consecutive school days. It is the most serious form of school discipline in Connecticut and can only be imposed by the local or regional board of education or an impartial hearing board.

A student in grades three through twelve can be expelled if their conduct on school grounds or at a school-sponsored activity:

Violates a publicized policy of the board of education, and
Is seriously disruptive of the educational process, or
Endangers persons or property

For conduct that occurred off school grounds, the behavior must both violate board policy and be seriously disruptive of the educational process. The board may consider whether the incident occurred near the school, whether other students or gangs were involved, whether violence or weapons were involved, and whether alcohol was involved.

No student can be expelled without a formal hearing unless an emergency exists. If an emergency does exist, the hearing must be held as soon after the expulsion as possible.

What Conduct Requires Mandatory Expulsion Proceedings?

Under C.G.S. 10-233d(a)(2), expulsion proceedings are mandatory when there is reason to believe a student:

Possessed a firearm, deadly weapon, dangerous instrument, or martial arts weapon on school grounds or at a school-sponsored activity
Possessed a firearm off school grounds in violation of C.G.S. 29-35, or used a firearm, instrument, or weapon in the commission of a crime off school grounds
Offered for sale or distribution a controlled substance on or off school grounds

For mandatory offenses, the default expulsion period is one calendar year. However, the board of education or hearing board has discretion to modify the expulsion period on a case-by-case basis. This is where effective legal representation can make a significant difference in the outcome.

What Are Your Child’s Rights at an Expulsion Hearing?

Connecticut law provides specific procedural protections for students facing expulsion:

Right	Details
Written notice	The school must provide written notice at least 5 business days before the hearing, not including the day of the hearing. The notice must include the date, time, charges, and information about legal rights and free or low-cost legal services.
Attorney representation	Your child has the right to be represented by an attorney or other advocate at the hearing.
Postponement	You have the right to postpone the hearing for up to one week to obtain representation (except in emergency situations).
Present evidence	Your child can present evidence, call witnesses, and submit documents in their defense.
Cross-examine witnesses	Your child (or their attorney) can cross-examine any witness the school presents against them.
Written decision	The board must issue a written decision explaining the basis for its findings.
Appeal	You can appeal the decision to the Connecticut State Board of Education within 20 days, or to the Superior Court.

If the school retains an attorney to represent the administration at the hearing, that attorney cannot be the same attorney who represents the board of education. The administration and the board are treated as separate parties.

How Does the Expulsion Hearing Process Work?

The expulsion hearing is a formal proceeding governed by the Connecticut Uniform Administrative Procedure Act (UAPA). Here is what to expect:

Step	What Happens
1. Notice	The school sends written notice at least 5 business days before the hearing, including the charges, your child’s rights, and information about legal services.
2. Pre-hearing	You review the charges, gather evidence, identify witnesses, and retain an attorney. You can request a postponement of up to one week if you need time to find representation.
3. The hearing	The hearing is conducted by at least 3 members of the board of education or by an impartial hearing board. The administration presents its case first, including evidence and witness testimony. Your child and their attorney then present evidence, call witnesses, and cross-examine the administration’s witnesses.
4. Deliberation	The board or hearing board deliberates. Board members and hearing officers cannot discuss the case outside the hearing. A majority vote is required to expel, with at least 3 affirmative votes.
5. Decision	The board issues a written decision. If the student is expelled, the decision addresses the length of the expulsion and whether an alternative educational opportunity will be offered.
6. Appeal	You can appeal to the Connecticut State Board of Education within 20 days or to the Superior Court under the UAPA.

What Are the Possible Outcomes?

The hearing board can reach one of three outcomes:

No expulsion. The board finds the evidence does not support expulsion. Your child returns to school immediately.
Expulsion. The board expels the student for a specified period. During the expulsion, the student is ineligible to attend any school in the district or participate in school activities. The board reviews the student’s disciplinary history to determine the length, but cannot use past history to decide whether to expel in the first place.
Suspended expulsion. The student is legally expelled but is permitted to remain in school on probationary status. This is often the best realistic outcome in cases where some discipline is warranted but full removal is disproportionate.

For first-time offenses, the board has discretion to shorten or waive the expulsion period. An experienced attorney can present mitigating evidence and argue for the least restrictive outcome.

What If Your Child Has a Disability?

If your child has an IEP or 504 plan, the school must follow additional procedures before proceeding with expulsion.

Manifestation Determination

Before a student with a disability can be expelled, the school must conduct a manifestation determination. The PPT or 504 team must answer two questions:

Was the behavior caused by the student’s disability?
Was the behavior a direct result of the school’s failure to implement the IEP or 504 plan?

If the answer to either question is yes:

The student cannot be expelled through the standard process
The student must be returned to their placement (unless the parent and school agree to a change)
The school must conduct a Functional Behavioral Assessment and implement or revise a Behavior Intervention Plan

If the answer to both questions is no:

The school may proceed with expulsion
But the school must continue to provide educational services so the student can continue to participate in the general education curriculum and progress toward IEP goals

Special Circumstances Exceptions

Even when behavior is a manifestation, the school can place a student in an interim alternative educational setting for up to 45 school days if the student:

Brought a weapon to school or a school function
Knowingly possessed, used, or sold illegal drugs at school or a school function
Inflicted serious bodily injury on another person at school or a school function

If your child has a disability and is facing expulsion, contact an attorney immediately. The manifestation determination timeline is tight and the outcome directly affects whether the expulsion can proceed.

Can Your Child Still Receive Education During Expulsion?

Whether your child receives an alternative educational opportunity during expulsion depends on the circumstances:

Students with disabilities: The school must continue to provide educational services during the expulsion, regardless of the offense.
Students ages 16-18 expelled for mandatory offenses: The board is not required to offer an alternative educational opportunity.
Other expelled students: The board may offer an alternative educational opportunity at its discretion. Many districts do offer alternative programs, but they are not legally required to in all cases.

If an alternative educational opportunity is offered, the school may consider the student’s past disciplinary history in deciding the type and scope of the program.

How Does Expulsion Affect College Admissions?

Most college applications – including the Common Application – ask whether the student has been disciplined, suspended, or expelled. An expulsion on your child’s record can significantly impact admissions decisions, scholarship eligibility, and athletic recruitment.

This is one of the most important reasons to fight an expulsion aggressively. Even when the underlying conduct is not disputed, an experienced attorney may be able to negotiate:

A shorter expulsion period
A suspended expulsion (probationary status instead of full removal)
Alternative language on the student’s record
A stipulated agreement that limits the long-term impact on the student’s academic record

What Defense Strategies Can Be Used?

Every case is different, but common defense strategies in Connecticut expulsion hearings include:

Challenging the evidence. Cross-examining witnesses, questioning the reliability of evidence, and identifying inconsistencies in the school’s account of events.
Procedural challenges. If the school did not follow proper procedures – insufficient notice, failure to provide required information about legal rights, or failure to allow postponement for representation – the expulsion may be challenged on procedural grounds.
Proportionality. Arguing that the proposed discipline is disproportionate to the conduct, particularly for first-time offenses or where mitigating circumstances exist.
Mitigating evidence. Presenting evidence of the student’s character, academic record, community involvement, and any circumstances that explain or mitigate the behavior.
Disability-related defenses. If the student has a disability, challenging the manifestation determination or arguing that the behavior was related to the disability or the school’s failure to implement the IEP.
Negotiation. Working with the school to reach a resolution before or during the hearing that minimizes the impact – such as a suspended expulsion, shortened period, or alternative program.

Common Mistakes in Expulsion Cases

Mistake	Why It Hurts Your Case
Waiting until the hearing to get an attorney	The notice period is short (5 business days). An attorney needs time to review the case, gather evidence, identify witnesses, and prepare a defense strategy. Contact an attorney as soon as you receive notice.
Having your child give a statement without an attorney	Anything your child says to school administrators can be used at the expulsion hearing. Do not let your child give a written or recorded statement before consulting with an attorney.
Assuming the school has already decided	The hearing board is required to be impartial. A well-prepared defense with strong evidence and effective cross-examination can change the outcome.
Not requesting a postponement	You have the right to postpone the hearing for up to one week to obtain representation. Use this time to find and prepare with an attorney.
Ignoring the manifestation determination	If your child has a disability, the manifestation determination is the most important step. If the school skips it or conducts it improperly, the entire expulsion may be challengeable.
Not appealing	You have 20 days to appeal to the State Board of Education. If the decision was wrong or the procedures were flawed, do not let the deadline pass.

Why Choose Maya Murphy, P.C.?

The Connecticut Education Lawyers at Maya Murphy, P.C. defend students facing expulsion throughout Connecticut and New York. We handle cases involving weapons allegations, drug offenses, violence, threats, and other conduct that has put a student’s education at risk.

Expulsion hearings move fast. The notice period is short, the stakes are high, and the consequences can follow your child through college admissions and beyond. We review the evidence, prepare a defense strategy, represent your child at the hearing, and pursue every available option to protect your child’s educational future.

Recognized by Best Lawyers for Education Law
30+ years of experience representing families in Connecticut and New York
Evening and weekend appointments available
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What is a school expulsion in Connecticut?

Under C.G.S. 10-233d, expulsion is an exclusion from school for ten or more consecutive school days. A student can be expelled if their conduct on school grounds or at a school-sponsored activity violates a publicized board policy and is seriously disruptive of the educational process or endangers persons or property. For off-campus conduct, the behavior must both violate board policy and be seriously disruptive of the educational process.

What conduct requires mandatory expulsion proceedings in Connecticut?

Expulsion proceedings are mandatory when there is reason to believe a student possessed a firearm, deadly weapon, dangerous instrument, or martial arts weapon on school grounds or at a school-sponsored activity, possessed a firearm off school grounds in violation of C.G.S. 29-35, or offered for sale or distribution a controlled substance. The mandatory expulsion period is one calendar year, though the board can modify it case by case.

What are a student's rights at an expulsion hearing?

Students have the right to written notice at least five business days before the hearing, the right to be represented by an attorney or advocate, the right to present evidence and call witnesses, the right to cross-examine witnesses, the right to postpone the hearing for up to one week to obtain representation, and the right to a written decision. If the student is a minor, notice must also be given to the parents or guardian.

How long can a student be expelled in Connecticut?

For mandatory expulsion offenses (weapons, drugs), the default period is one calendar year, though the board can modify it on a case-by-case basis. For other offenses, the board determines the length based on the circumstances. For first-time offenses, the board has discretion to shorten or waive the expulsion period. A suspended expulsion, where the student remains in school on probationary status, is also possible.

What happens if a student with a disability faces expulsion?

The school must first conduct a manifestation determination to decide whether the behavior was caused by the student's disability or was a direct result of the school's failure to implement the IEP or 504 plan. If the behavior is a manifestation, the student cannot be expelled through the standard process. If it is not a manifestation, the school may proceed but must continue to provide educational services.

Can my child still receive education during an expulsion?

Students with disabilities must continue to receive educational services during expulsion. For other students, the board may offer an alternative educational opportunity at its discretion. The board is not required to offer alternative education to students ages 16-18 expelled for mandatory offenses involving weapons or drugs.

Can I appeal an expulsion decision in Connecticut?

Yes. You can appeal to the Connecticut State Board of Education within 20 days of the decision. The State Board reviews the record and can uphold, modify, or reverse the expulsion. You can also appeal to the Superior Court under the Uniform Administrative Procedure Act.

Should I hire a lawyer for an expulsion hearing?

Yes. Expulsion hearings are formal legal proceedings with rules of evidence and procedure. The school administration is often represented by an attorney. Having an experienced education lawyer significantly improves your ability to challenge the evidence, cross-examine witnesses, present mitigating factors, and negotiate a better outcome for your child.

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