Legal Question in Discrimination Law in Kentucky

expelled from school, Kentucky

Your question involves an area that has been rapidly changing over the past few years. First off, I don't know of any federal law that mandates a child attend school. Compulsory education laws are the responsibility of the states. This is also true for school discipline issues.

Not being familiar with Kentucky (I am in Ohio), I can't advise specifically as to what your school district can and can't do. I can however present some general informatin on the topic.

First, there are certain requirements set down by the courts as to what a school has to do before they can expel a student. Most importantly, it must be established that the child violated a published rule that allows expulsion. Then the school must provide a hearing. In Ohio, at least, you can file an appeal in court.

Other than that, schools historically have had broad discretion (depending on state law) to set their own standards for expulsion even for first offenders. One exception to this is if a child is receiving any kind of special education. In that case there are federal laws that apply and there are many restrictions. These restrictions could prevent expulsion; and even if it didn't, would require the school to continue to provide services. These additional protections can also apply to a student who is "suspected" of having a disability but who is not yet being given services by the school.

Getting back to general guidlines, until a few years ago, schools in Ohio could not prevent an expelled student from enrolling in another district during the period of an expulsion. That changed recently to provide a bar to a student from enrolling in another Ohio public school. I don't think, however, that unless there is a state law to the contrary, a school could refuse to accept credits earned elsewhere. I did prevail in a case I tried based on that situation where a student who had been expelled from a public school enrolled in a private school. When the expulsion period ended and she attempted to have the credits applied, the district refused to accept them.

There is more information needed to determine what options you may have. If nothing else, I might be able to stear you in a direction to consult someone local