New Hampshire RSA 193:13 Expulsion Defense Guide: Procedures, Rights, and Timelines
Under New Hampshire law, a student can be expelled for gross misconduct or weapons violations. However, parents have a legal right to a formal defense hearing before the local school board, and schools must provide advanced written notice of all charges.
Finding out that your child is facing expulsion from school is a terrifying experience for any parent. In New Hampshire, expulsion is the most severe disciplinary action a school can take, potentially altering a student's educational trajectory forever. Whether you live in Manchester, Nashua, or Concord, public schools must follow strict legal procedures before removing a student. Understanding your child's rights under the state's education laws is the first step to building a strong defense.
Step-by-Step Process in New Hampshire
The expulsion process in this state is highly regulated. Local school boards cannot simply kick a student out without due process. The procedural safeguards are designed to give families a fair chance to present evidence, call witnesses, and challenge the school's narrative.
Superintendent Referral vs. School Board Hearing Timelines
When a serious incident occurs, a school principal can generally suspend a student for up to 10 days. If the administration believes expulsion is warranted, the superintendent must step in. Under N.H. Admin. Code § Ed 317, the superintendent formally refers the case to the local school board. Families must receive a written notice of the hearing at least five days before it takes place. This written notice of disciplinary hearing issued by the school district pursuant to N.H. Admin. Code § Ed 317.04 must clearly state the time, place, and the specific charges against the student.
Standard of Gross Misconduct Under N.H. Rev. Stat. Ann. § 193:13, II
To expel a student, the school board must prove that the student's actions meet the legal threshold set by N.H. Rev. Stat. Ann. § 193:13. The statute allows expulsion for 'gross misconduct', neglect or refusal to conform to the reasonable rules of the school, or for bringing a firearm or dangerous weapon to campus. Gross misconduct is not just breaking a minor rule; it generally involves severe behavior that endangers the safety of staff or other students. Your defense strategy should focus on proving that the incident, while perhaps against school rules, does not rise to the extreme level of gross misconduct.
Parental Rights to Written Findings and Hearing Records
During the school board hearing, you have the right to be represented by a local lawyer from our directory. You also have the right to cross-examine the school's witnesses and present your own evidence. After the hearing, if the board votes to expel, they cannot simply give a verbal 'yes' or 'no'. They must provide a written decision detailing their factual findings. You are also entitled to an audio or written record of the hearing, which is critical if you decide to appeal the decision to a higher authority like the New Hampshire State Board of Education, Concord.
How Much Does it Cost in New Hampshire?
Defending an expulsion can involve several expenses, primarily related to legal representation. While school board hearings do not have court filing fees, you should consider the cost of hiring an attorney.
- Lawyer Fees: Depending on the complexity of the case, hiring a lawyer for a school board hearing generally ranges from $1,500 to $5,000.
- Records Requests: Requesting transcripts or copies of the student's disciplinary and academic files usually involves a small copying fee, typically under $50.
- Expert Witnesses: If you need a private psychologist or educational expert to testify about your child's behavior, their fees can add $500 to $2,000 to your defense costs.
How Long Does the Process Take?
The timeline for an expulsion defense moves very quickly. Once a student is suspended pending expulsion, the school board hearing typically happens within 10 to 20 days. If the board decides to expel the student, the written decision is usually issued within a few days of the hearing. Because the deadlines are so tight, it is crucial to consult with a legal professional immediately upon receiving a suspension notice.
Frequently Asked Questions (FAQ)
Can the school board expel my child for something that happened off-campus?
Generally, schools can only discipline a student for off-campus behavior if that behavior creates a substantial disruption to the educational environment or directly endangers the safety of students and staff on campus.
Do I need a lawyer for a school board hearing?
While you are not legally required to have an attorney, school district administrators will have their own legal counsel present. Having a professional advocate ensures your child's due process rights are protected.
What happens if my child has a weapon on campus?
Under federal and state law, bringing a firearm to school carries a mandatory expulsion of at least one calendar year, though the superintendent or local board may modify the penalty on a case-by-case basis.
Can we see the school's evidence before the hearing?
Yes. Parents have a right to review the student's educational records and the evidence the school plans to present. Request this information in writing as soon as you receive the hearing notice.
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