What remedies are available when a student is wrongfully expelled?
When a student is wrongfully expelled from school in Washington, they have several available remedies. Depending on the severity of the situation, the student may be able to appeal the expulsion decision. Appeals may be heard by the school, the school district, or the courts. Appealing an expulsion decision may mean the student can attend school while the process is ongoing, but the school or district may put certain restrictions in place. For example, the student may not be able to participate in any extracurricular activities such as sports or clubs. If the student’s appeal is unsuccessful, or if they’d prefer not to appeal, they may be able to seek damages through a civil lawsuit. The student or their parents may sue the school for the harm caused by the expulsion and seek money for tuition at a different school, attorney’s fees, and/or emotional distress. This option is best suited for serious cases of wrongful expulsion, such as those involving violations of the student’s civil, constitutional, or anti-discrimination rights. Finally, the student may be able to seek a remedy from an administrative agency, such as the Department of Education or the Office for Civil Rights. These agencies can investigate discrimination claims and ensure the school complies with the law. No matter the option, it’s important for students and parents to consult an attorney who is knowledgeable about student defense law if they believe their student has been wrongfully expelled.
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