Appealing a School Board Expulsion Decision to the New Hampshire State Board of Education
If a local school board expels your child, state law allows you to appeal to the New Hampshire State Board of Education at any time while the expulsion remains in effect. You must prove the local board's decision was arbitrary, capricious, or legally flawed.
Losing an expulsion hearing at the local school district level is devastating, but it is not necessarily the end of the road. New Hampshire provides a specific administrative pathway to challenge an unfair disciplinary ruling. If you believe the local school board in Manchester, Nashua, or any other district violated your child's rights or made a decision not supported by evidence, you can take the fight to the state level. The appellate process is highly technical, and strict adherence to timelines and formatting rules is required.
Step-by-Step Appellate Process in New Hampshire
Appealing an expulsion is very different from the initial hearing. You are no longer presenting raw facts to a local board; you are arguing legal and procedural errors to a state-level appellate panel. The process is governed by the state's administrative rules.
The 20-Day Filing Deadline Under N.H. Admin. Code § Ed 317.04
While administrative rules like N.H. Admin. Code § Ed 317.04 reference a 20-day timeline for local discipline appeals and N.H. Admin. Code § Ed 206.01 provides a general 30-day window under N.H. Admin. Code § Ed 200, state statute provides broader protection for expulsions. Under N.H. Rev. Stat. Ann. § 193:13, III-b, parents or guardians have the statutory right to appeal an expulsion to the New Hampshire State Board of Education, Concord at any time while the expulsion remains in effect, which supersedes shorter regulatory deadlines. The appeal is initiated by submitting a written notice of appeal in accordance with N.H. Admin. Code § Ed 206.01 along with a copy of the local board's decision.
Drafting the Appellate Brief and Requesting a Stay of Removal
Once the appeal is filed, you will need to submit a written brief. This document must clearly articulate why the local board got it wrong based on the record from the first hearing. Additionally, parents often file a motion for a 'stay of removal'. If granted, a stay temporarily pauses the expulsion, allowing the student to return to class or an alternative educational setting while the State Board reviews the case. Getting a stay requires showing that the student will suffer irreparable harm if kept out of school during the appeal process.
Standard of Arbitrary, Capricious, or Unlawful Decisions
When the State Board reviews your case under N.H. Admin. Code § Ed 317, they do not simply substitute their judgment for the local board's. Instead, they use a specific legal standard. You must prove that the local board's decision was 'arbitrary, capricious, or unlawful'. This means you must show that the school board ignored the facts, applied the wrong rules, violated due process (such as failing to give proper notice), or issued a punishment that is wildly disproportionate to the offense.
The Hearing and Record-Review Standard
State Board appeals are primarily record reviews. The board will examine the transcripts, documents, and written findings from the original local hearing. In most cases, you cannot introduce new evidence or call new witnesses at the state level unless you can prove that this evidence was unavailable during the initial hearing due to no fault of your own (de novo evidence). The state hearing is focused on oral arguments regarding the law, making it highly advisable to secure a local lawyer from our directory who handles administrative appeals.
How Much Does an Appeal Cost in New Hampshire?
Filing an administrative appeal involves several costs. While the State Board does not currently charge massive filing fees, preparation expenses can add up.
- Filing Fees: There is typically no formal fee to file the notice of appeal with the State Board, though you must pay for serving copies to the school district.
- Transcript Costs: You are responsible for providing the written transcript of the local board hearing. Hiring a court reporter to transcribe the audio can cost between $300 and $800, depending on length.
- Attorney Fees: Drafting appellate briefs and arguing before the State Board requires specialized legal skills. Lawyer fees for an appeal generally range from $3,000 to $8,000.
How Long Does the Appeal Take?
The administrative appellate process is not instantaneous. After filing the notice of appeal, the State Board will schedule a hearing, which usually takes place within 30 to 60 days. After oral arguments, the Board must deliberate and issue a written final order. The entire process, from filing the appeal to receiving the final decision, typically takes between two and four months.
Frequently Asked Questions (FAQ)
Can my child go to a different public school during the appeal?
Generally, an expulsion from one New Hampshire public school district is honored by all others. Unless you obtain a stay of removal or enroll the child in a private institution, they cannot attend another public school during the expulsion period.
What happens if the State Board rules in our favor?
If the State Board finds the expulsion unlawful, they can reverse the decision, order the local district to reinstate the student, and require the school to clear the expulsion from the student's permanent academic record.
Can we skip the local board and go straight to the State Board?
No. You must exhaust your administrative remedies at the local level first. The State Board functions as an appellate body and only reviews cases that have already been decided by a local school board.
Is the State Board's decision final?
The State Board of Education's ruling is the final administrative step. If you lose, you cannot appeal to the Superior Court. Under N.H. Rev. Stat. Ann. § 193:13, III-b, all appeals of final action by the State Board must follow the statutory procedures of N.H. Rev. Stat. Ann. § 541. You must first file a motion for rehearing with the Board pursuant to N.H. Rev. Stat. Ann. § 541:3. If rehearing is denied, an appeal petition must be filed exclusively with the New Hampshire Supreme Court, Concord under N.H. Rev. Stat. Ann. § 541:6 and N.H. Sup. Ct. R. 10.
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