School Suspension Appeals in K-12

If your child is facing a suspension from a North Carolina K-12 public school, you need to act fast. A suspension—especially a long-term or 365-day suspension—can derail your child’s education and damage their future. These are serious matters that carry consequences far beyond missed school days. Schools have lawyers, policies, and procedures in place. You should too. A criminal defense lawyer experienced in school suspension laws can help protect your child’s rights, make sure the school follows proper procedures, and build a strong defense. Don’t wait for the school to escalate things. The earlier you bring in legal help, the better your chances of keeping your child in school or limiting the damage. In the sections that follow, Hubbard Law Firm explains what you need to know about K-12 suspension appeals and the role of a lawyer for school suspension in Raleigh.

What Is a Long-Term School Suspension in North Carolina?

A long-term suspension means your child is removed from school for more than 10 school days. According to North Carolina law (G.S. § 115C-390.1), this can stretch to the end of the current school year and even into the next semester if the offense happens late in the year. Unlike a short-term suspension, a long-term suspension has far greater effects on a student’s academic progress and future opportunities.

Why Long-Term Suspensions Matter — If your child is suspended for a long time, it can seriously impact their ability to graduate on time. It may also go on their school record, limiting future options. Even more concerning, the longer a student is removed from school, the more likely they are to fall behind or even drop out. That’s why North Carolina law (G.S. § 115C-390.2) says schools should use long-term suspensions only for serious violations, like those that pose a threat to safety or significantly disrupt the school environment.

What Triggers a Long-Term Suspension — Not every violation qualifies. Things like disrespectful language or breaking the dress code are not considered serious enough by themselves. But principals may consider a student’s behavior history or the situation around the offense and recommend a long-term suspension if they believe it’s justified (G.S. § 115C-390.2).

Do You Need a Lawyer to Help With a School Suspension Appeal in North Carolina?

When to Get a Lawyer for a School Suspension in Raleigh NC — If your child is facing long-term suspension, expulsion, or a 365-day gun-related suspension, you have the right to a hearing. During this process, your child has the right to be represented by a lawyer or non-attorney advocate (G.S. § 115C-390.8). You do not need to wait until the hearing is scheduled. The earlier a lawyer gets involved, the more they can help prepare, challenge the evidence, and protect your child’s rights.

Why Legal Representation Matters — School administrators already have rules and policies in place, and they know the process inside and out. Having someone on your side who understands student discipline law can make a real difference. A school suspension lawyer can help ensure your child isn’t unfairly punished, that you meet all deadlines, and that the school follows the law throughout the process.

How to Appeal a Suspension in Raleigh NC

Starting the Appeal — Once the principal recommends a long-term suspension, they must give written notice by the end of the day or as soon as possible afterward (G.S. § 115C-390.8). This notice explains what happened, what school rules were allegedly broken, and how to request a hearing. You must act fast. If you miss the deadline to request the hearing, your child could stay suspended without any chance to present their side.

What Happens at the Hearing — If you request a hearing on time, it must take place before the suspension can be imposed. The hearing may be conducted by the school board, the superintendent, or a designated hearing officer (G.S. § 115C-390.8). At the hearing, you can bring a lawyer or advocate, review school evidence, question witnesses, and present your own evidence.

Constitutional Due Process Still Applies — In Goss v. Lopez, the U.S. Supreme Court made clear that students facing even short suspensions are constitutionally entitled to notice and an opportunity to be heard. For long-term suspensions, those protections are more extensive—your child must be allowed to examine evidence, respond to allegations, and receive a decision based on the facts presented. These principles are echoed throughout North Carolina’s current law.

What if You Miss the Hearing or Decline It? — If you don’t show up or don’t request a hearing in time, the superintendent will decide the punishment based on the school’s review of the situation (G.S. § 115C-390.7). It’s possible the suspension will still be imposed unless there’s a strong reason not to.

What Are Your Rights During a Long-Term Suspension Hearing in North Carolina?

The school must give you a clear explanation of the charges and provide details about the appeal process. The hearing must allow you to challenge the school’s claims and offer your own explanation. You have the right to access your child’s records and any video or witness statements the school plans to use (G.S. § 115C-390.8).

Right to Be Heard and to Present a Defense — Just as recognized in Goss v. Lopez, the school must offer an opportunity for your child to present their side of the story. In North Carolina, this includes presenting written statements or oral testimony, as well as raising mitigating factors like intent, disciplinary history, or personal hardship (G.S. § 115C-390.8), G.S. § 115C-390.2).

Language Help for Non-English Speakers — If you or your child’s other parent speaks a language other than English, the school must provide notice in both English and your primary language, when resources are available.

What Happens After the Hearing? — After the hearing, you will receive a written decision. It must explain the reasons for the decision and tell you how to appeal if the decision isn’t in your favor. If the superintendent makes the decision, you can appeal to the school board. The school board must respond within 30 days (G.S. § 115C-390.8).

What to Do If Your Child Was Suspended for a Gun or Weapon

Handling a 365-Day Gun Suspension in NC Schools — North Carolina law (G.S. § 115C-390.10) follows federal requirements for gun-related school offenses. If your child brings or is found with a firearm or destructive device on school property or at a school event, the school must suspend them for 365 calendar days. The principal makes the recommendation, and the superintendent decides whether to impose the suspension.

Exceptions to the 365-Day Rule — The superintendent can choose not to impose the full suspension if your child found the weapon and quickly reported it to school staff or law enforcement—and had no intent to harm anyone (G.S. § 115C-390.10). The law allows for case-by-case exceptions.

Appealing a Gun Suspension and Seeking Readmission — Your child has the same hearing rights under G.S. § 115C-390.8. If suspended, they can ask to be readmitted after 180 days (G.S. § 115C-390.12). The superintendent or school board will consider whether your child still poses a threat and decide within 30 days.

Does Your Child Have a Right to Alternative Education During Suspension?

Getting Educational Services During Suspension in NC — If your child is suspended long-term, they should be offered alternative education unless the superintendent has a strong reason not to (G.S. § 115C-390.9). Reasons to deny services include violent behavior, serious misconduct, or lack of resources. If the school refuses, they must give a written explanation, and you have the right to ask the school board to review that decision.

Your Appeal Rights for Denial of Services — If your child is denied alternative education, you can request a review under G.S. § 115C-45(c). This doesn’t guarantee reversal, but it gives you a chance to make your case, especially with the help of a lawyer.

Involving a Lawyer for High School Expulsion in Wake County

What Expulsion Means — Expulsion is different from suspension. It is indefinite removal from school and is allowed only for students age 14 or older who are considered a serious threat to others (G.S. § 115C-390.11). The school board must hold a hearing and find clear and convincing evidence that the student is dangerous.

Expulsion for Certain Criminal Offenses — If your child is subject to certain sex offense laws (like § 14-208.18), the school board may expel them even without an additional threat analysis (G.S. § 115C-390.11).

Can Expelled Students Get Education Elsewhere — Even if expelled, the board can offer services off school property. The decision is left up to the board, which must consider safety (G.S. § 115C-390.11). You may request readmission after 180 days under G.S. § 115C-390.12, but the board has final authority.

What to Do If You Think the School Suspension Was Unfair

Challenging a School Suspension in Raleigh or Wake County — If your child was suspended for something minor, was treated differently than other students, or was misidentified, you may have grounds to challenge the decision. The school is not allowed to use long-term suspension for things like tardiness, dress code issues, or disrespect unless there are serious aggravating circumstances (G.S. § 115C-390.2).

How Legal Help Can Make a Difference — A lawyer can review the school’s conduct code and disciplinary history to see if the rules were applied unfairly. If your child has a disability or is receiving special education, federal law like IDEA and Section 504 also adds protections (G.S. § 115C-390.1). These factors should always be considered.

Rules for Short-Term Suspensions

Understanding Short-Term Suspensions in NC Schools — A short-term suspension is 10 days or fewer. You don’t get a formal appeal right under state law (G.S. § 115C-390.6, but you can still ask to speak with the principal or superintendent to challenge it informally.

What the School Must Tell You — The principal must notify you of the suspension and the reasons for it within two days, using certified mail, phone, email, or other reliable method (G.S. § 115C-390.6). If English isn’t your primary language, the school must provide notice in your language when possible (G.S. § 115C-390.6).

Legal Help for Student Suspension in North Carolina

Why Hiring a Raleigh NC Student Rights Attorney Makes Sense — A school suspension can affect your child’s entire future. A school discipline lawyer in Raleigh can help prepare your case, gather records, attend hearings, and negotiate better outcomes. They also help if your child was suspended unfairly, denied educational services, or expelled under questionable circumstances.

What to Expect From Legal Support — The right lawyer will listen carefully, review school policies and evidence, and act quickly to meet critical deadlines. A Raleigh student suspension appeal attorney can represent your child at hearings, appeal unfair decisions, and even guide you through readmission requests or claims of discrimination. When student rights are on the line, early legal help is the best protection.

If your child has been suspended or is facing a long-term or 365-day suspension in a North Carolina public school, you need legal help—now. This isn’t something you can afford to delay or try to handle on your own. Your child’s education, future, and record are on the line. A suspension appeal is a high-stakes process with tight deadlines, legal rules, and school administrators who aren’t always looking out for your child’s best interest. Hubbard Law Firm knows how to navigate school discipline systems and fight for your child’s rights. We will stand up for you and help you move quickly. Don’t let the school control the process without pushback. Get a lawyer for defending student rights at school. We’re here to give your child a voice and defend them every step of the way. Contact Hubbard Law Firm by calling (919) 961-4262 or contact us online for a consultation.