Assisting Students Facing Expulsion & Criminal Charges-Assisting Students Facing Expulsion & Criminal Charges

Video Transcription

Video Summary

The transcript is a discussion between an education attorney and a school law attorney about how to handle students facing both school expulsion and criminal charges. They explain that school discipline and criminal proceedings are separate systems with different timelines, standards of proof, and consequences. School discipline moves quickly and uses a lower “more likely than not” standard, while criminal cases move more slowly and require proof beyond a reasonable doubt.<br /><br />A major focus is the tension between helping a student defend against expulsion and avoiding self-incrimination in a criminal case. The speakers advise coordinating early with criminal defense counsel and school district counsel when possible. If defense counsel is not available, they recommend protecting the student by avoiding testimony on contested facts that could be used criminally. Instead, attorneys can rely on parents, documents, video, witness statements, and mitigation evidence.<br /><br />They also discuss how the process affects students with disabilities and students of color, who are disproportionately represented in exclusionary discipline and juvenile justice systems. For students with IEPs or 504 plans, a manifestation determination review may be required before a disciplinary change of placement.<br /><br />The speakers emphasize practical strategies such as apologies without factual admissions, abeyance agreements, alternative placements, counseling, restorative practices, and preserving appeal rights. Their overall message is that attorneys should balance educational consequences with criminal risk, while focusing on the student’s long-term future and support needs.

Keywords

school expulsion

criminal charges

education attorney

school law attorney

self-incrimination

disciplinary proceedings

burden of proof

manifestation determination review

students with disabilities

restorative practices