What remedies are available when a student is wrongfully expelled?

In Massachusetts, if a student believes they have been wrongfully expelled, they have the opportunity to seek remedies. The process of seeking remedies typically begins by filing a complaint with the relevant school district or school committee. The complaint should include evidence supporting the student’s claim that they were wrongfully expelled. The Massachusetts Student Defense Law (S.D.L.) provides multiple means to challenge a wrongful expulsion. The student may request a hearing before the school district or school committee, in which the student can present evidence and testimony to support their case for a reversal of the expulsion. During the hearing, the school committee must deliver a decision in the student’s favor if it is found that the student did not commit the act for which they were expelled and/or would not have been expelled if school policy had been followed. The S.D.L. also allows the student to appeal the school committee’s decision to the state Board of Education. During the appeal process, the student may present new evidence or testimony to support their claim. If the Board of Education finds in favor of the student, they will order the school to reverse the expulsion and reinstate the student to their previous grade and educational program. Finally, depending on the facts of the case, the student may be able to file a lawsuit against the school or school district, claiming damages due to the wrongful expulsion. The student may be able to recover financial damages, such as tuition reimbursement for the period of expulsion, or even attorney’s fees.

What remedies are available when a student is wrongfully expelled?

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