What Rights Do Students Have During School Disciplinary Hearings?
School disciplinary hearings can carry significant consequences for students, ranging from short-term suspension to expulsion. These proceedings often raise serious concerns about fairness, especially when students or parents aren't familiar with the rights students have during the process.
In Maryland, public school students are protected by both state and federal laws when facing disciplinary action. At Advocates for the Voiceless in Riverdale, Maryland, we’ll outline what student rights exist during disciplinary hearings, how they can be exercised, and what families should know when preparing for these situations.
Right to Notice Before the Hearing
Students facing suspension or expulsion are entitled to timely written notice that describes the alleged violation. This notice should include specific information about what rule was broken and the evidence supporting the claim.
Maryland law requires that students and their parents receive this notification before the disciplinary hearing takes place. It must include:
A clear statement of the charges
The date, time, and location of the hearing
A summary of the evidence to be presented
Information about the student’s right to present their side
This notice allows families to prepare appropriately and prevents last-minute surprises that can hinder a fair defense.
Right to Be Heard
At the core of student rights during disciplinary hearings is the principle of due process. Public school students are protected by the Fourteenth Amendment, which prohibits the government from depriving any person of life, liberty, or property without due process of law.
Due process in this context includes the right to tell one’s side of the story. Students must be given a meaningful opportunity to respond to the charges against them. This includes:
Presenting their own version of events
Bringing in witnesses
Submitting relevant documents
This right applies whether the disciplinary action is for a short-term suspension or something more serious like expulsion.
Right to Representation
While Maryland schools aren't required to provide legal counsel to students at disciplinary hearings, students may choose to have a lawyer or advocate present. Having legal representation can help students and families understand the school’s procedures and exercise their rights more effectively.
In some cases, especially when the disciplinary action could affect a student’s academic future, college admission prospects, or even criminal liability, having a lawyer present may make a significant difference. Attorneys can review the school's code of conduct, examine evidence, and question witnesses to support the student's defense.
Even when families choose not to hire a lawyer, they still have the right to bring another adult—such as a parent, guardian, or educational advocate—to support the student during the hearing.
Right to Examine & Challenge the Evidence
Another key aspect of student rights during disciplinary hearings is the ability to review and challenge the evidence being used. Schools must disclose the evidence before the hearing so students have a chance to prepare a response.
This includes access to:
Witness statements
Video footage (if available)
Written reports or incident logs
Copies of any physical evidence
Students also have the right to question the credibility and accuracy of the information being used. They may cross-examine witnesses, offer rebuttals, or point out inconsistencies in the narrative being presented by the school.
Right to an Impartial Decision-Maker
A fair disciplinary hearing depends on the impartiality of the individuals making the decisions. Student rights include protection from biased or conflicted decision-makers. The administrator or hearing officer shouldn’t have a personal or professional stake in the outcome.
For example, if a teacher involved in the incident is also helping decide the student’s punishment, that could raise serious concerns about impartiality. Families have the right to ask whether the hearing official has any prior involvement with the case and to raise objections if they believe the process is unfair.
An impartial hearing officer increases the likelihood of a decision based on the facts rather than preconceived notions or disciplinary quotas.
Right to Appeal Disciplinary Decisions
In Maryland, students and parents can appeal a disciplinary decision if they believe the process was unfair or the punishment inappropriate. The school system must provide a clear explanation of the appeals process, including the deadline and format for submitting an appeal.
Appeals can be filed with the local board of education, which is required to conduct a thorough review. In some cases, the board may overturn the decision, reduce the penalty, or order a new hearing.
A strong appeal typically includes:
A written statement explaining the grounds for appeal
Documentation that supports the student’s argument
Any new evidence not available during the original hearing
The right to appeal gives students and families a second chance to correct errors made during the original proceeding.
Special Protections for Students With Disabilities
Students who receive special education services or have an Individualized Education Program (IEP) or 504 Plan have additional rights during disciplinary proceedings. Federal law, including the Individuals with Disabilities Education Act (IDEA), provides specific procedures that must be followed before certain disciplinary actions can be taken.
Before a student with a disability can be suspended for more than 10 days or expelled, schools must conduct a Manifestation Determination Review (MDR). This process assesses whether the behavior in question was caused by the student’s disability or a failure to implement the IEP.
If the behavior is related to the disability, the school must take steps to support the student rather than remove them from the educational setting. These protections reflect the principle that students with disabilities shouldn’t be punished for conduct they can’t control.
Confidentiality & Privacy Rights
Students also have the right to privacy during the disciplinary process. Schools must follow federal privacy laws, such as the Family Educational Rights and Privacy Act (FERPA), which restrict access to educational records without parent consent.
During disciplinary hearings, schools shouldn’t publicly disclose a student’s name, disciplinary history, or other personal information. Disciplinary records must be handled with discretion and only shared with individuals who have a legitimate educational interest.
If a student’s records are released improperly, parents have the right to file a complaint with the U.S. Department of Education.
Procedural Standards in Prince George’s County
In Riverdale Park and throughout Prince George’s County, public school disciplinary procedures follow the policies set by the Prince George’s County Public Schools (PGCPS) system. These policies must align with Maryland state law and the Code of Maryland Regulations (COMAR).
PGCPS outlines clear steps for different types of disciplinary actions, including suspensions of 1–3 days, long-term suspensions, and expulsion. While the level of formality may differ depending on the severity of the alleged violation, student rights must be respected in every case.
Families should request and review the school’s discipline handbook to understand the steps and timeframes involved. This helps prevent delays and allows students to be fully prepared when attending a hearing.
Preparing for a Disciplinary Hearing
Because these proceedings can move quickly, it's important for students and parents to prepare in advance. A well-organized defense can have a meaningful impact on the outcome of the case.
Key steps include:
Reviewing the school's code of conduct
Gathering any documentation or witnesses
Writing down the student’s version of events
Preparing questions for witnesses or school officials
Consulting with a lawyer if possible
Preparation gives students confidence when presenting their case and shows the hearing officer that the matter is being taken seriously.
Final Decision & Its Impact
Once the hearing concludes, the school will issue a decision based on the evidence and testimony presented. In Maryland, schools must provide written notice of the outcome, including any penalties and the reasoning behind the decision.
This decision becomes part of the student’s educational record and may follow them if they transfer schools. For this reason, it’s important to correct any factual errors or procedural flaws through the appeal process, if necessary.
A disciplinary outcome can influence not only a student’s immediate academic standing but also their future access to extracurricular programs, college admissions, and scholarships. Protecting student rights during the hearing process can help minimize these long-term consequences.
Working With Legal Support in Maryland
Although Maryland schools don't provide public defenders for students, families may choose to work with a lawyer to protect their child’s interests. An attorney familiar with school disciplinary rules in Prince George’s County can help review the evidence, attend the hearing, and file appeals if needed.
Legal support may be especially valuable when students face allegations of serious misconduct or when they’re also involved in juvenile court proceedings. Having an advocate who understands both the education system and Maryland’s legal requirements can lead to more informed decisions.
Parents in Riverdale Park and surrounding areas may also consider contacting local legal aid organizations for guidance if hiring private counsel isn’t feasible.
Student rights during disciplinary hearings are grounded in state and federal protections that aim to keep school environments fair and accountable. These rights—ranging from the right to notice and the opportunity to be heard, to the right to an impartial decision-maker and appeal—aren’t optional.
When exercised correctly, these protections can make a critical difference in the outcome of a school disciplinary case. Families who understand these rights are better positioned to advocate for their children and support them through a difficult process.
Protect Your Family's Rights
Whether the student attends public school in Riverdale Park or anywhere else in Maryland, protecting their rights means being prepared, asking the right questions, and knowing when to seek support. Keeping student rights at the center of the conversation is key to maintaining fairness in every disciplinary hearing. Contact our staff at Advocates for the Voiceless today.
