Suspension and Expulsion

Ohio law requires boards of education to adopt a written policy providing information to students, staff, and families on suspensions and expulsions and listing the types of student misconduct that would result in discipline or removal from the traditional learning environment.

When suspension and expulsion is necessary, Ohio law provides specific requirements and processes for districts and schools to follow to promote a safe and welcoming learning environment for students and staff. For discipline best practices and proactive approaches to student discipline see Ohio School Discipline.

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Suspension

Suspension is the removal of a student from the student’s normal educational setting for a disciplinary infraction. Ohio law allows a superintendent or principal to suspend a student for up to ten school days. Districts and schools can also adopt a policy allowing assistant principals and other administrators the authority to suspend.

In School Suspension and Alternatives

 In-school suspension occurs when a student is removed from regular class and assigned a special placement that allows for completion of schoolwork in a supervised learning environment due to disciplinary reasons.

To prevent learning loss and create opportunities for students to learn from their behaviors, schools and districts can create a list of consequences or community service that can be used instead of suspension. If a student does not complete the assigned community service or other consequences, the school district will determine the next steps. 

Schools can also establish and maintain alternative classes, programs, or buildings for suspensions, expulsions, or other behavioral problems.  Positive school climate best practices show students thrive when supported by caring adults, engaging curriculum, and targeted interventions that address behavioral needs. An alternative school setting can provide these supports while reducing chronic absenteeism caused by traditional exclusionary practices.

Out of School Suspension

Out of school suspension occurs when a student is not allowed to attend school, be on school grounds, or attend any school function due to disciplinary reasons. The length of suspension can vary based on the severity of the behavior or other mitigating factors and cannot exceed ten school days.

As a best practice, schools can consider chronic absenteeism when administering suspension or expulsion for students.  In Ohio, chronic absenteeism is defined as missing ten percent or more of the school year for any reason including excused, medically excused, unexcused, or due to suspension.  Schools and districts can reference the Department’s Attendance Support webpage for more information.

Before issuing an out-of-school suspension, the superintendent or principal must:

  • Provide written notice of the intention to suspend and the reasons for the intended suspension. If the proposed suspension is based on a violation listed in Ohio law and student if the is sixteen years of age or older, includes in the notice a statement that the superintendent may seek to permanently exclude the pupil if the pupil is convicted of or adjudicated a delinquent child for that violation;
  • Give the student an opportunity to challenge the suspension or explain their actions during an informal hearing; and
  • Provide the student an opportunity to complete missing assignments and receive at least partial credit to reduce chances of failing due to suspension.

If a student is suspended with less than ten school days left in the school year, the superintendent cannot extend the suspension into the next school year. The superintendent can require a student to complete community service or another alternative consequence for the remaining suspension period. If a student is assigned community service or another alternative consequence with fewer than ten days in the current school year student must complete it on the first full weekday of summer break. For guidance on alternative consequences, visit the Department’s Alternatives to Discipline webpage.

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Expulsion

Expulsion is when a student is removed from the learning environment for an extended period and involves going before the school board, superintendent, or other educational administrative personnel. A superintendent may expel a student for up to 80 school days or the remainder of the semester or term, unless the expulsion is extended. If fewer than 80 school days remain the expulsion may extend into the next school year.

Before issuing an expulsion, the superintendent or principal must:

  • Provide the family with a written notice explaining the reason for the student's expulsion.  If the expulsion is due to a serious offense and the student is at least sixteen years of age, the notice must state that the superintendent may seek to exclude the student permanently.
  • Provide an opportunity for the student, family, or representative to appear in person before the superintendent three to five school days after issuing the notice to discuss or explain the situation. If the superintendent grants a delay request from the student, parent, guardian, or representative, this meeting can be delayed. If delayed, the superintendent will inform the student and their parent, guardian, or representative of the new time and place to meet.
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Imminent Harm and Danger to Others

Ohio Law provides specific guidelines to schools and districts for expulsions related to guns, criminal activity, bomb threats, and behaviors that pose serious harm to a student or others. Under these conditions, a superintendent can create a policy that allows the superintendent a student for up to one year or longer if they commit a crime that causes serious harm to people or serious damage to property. This applies to incidents that happen at school, on school property, or at school-related events. Under these circumstances an expulsion can continue in the next school year if necessary.

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Expulsion Under Board Policy to Extend

Ohio law also allows public districts and schools to adopt a policy that authorizes the superintendents to expel a student for up to 180 days for actions determined to cause “imminent and severe endangerment to the health and safety” of students, staff, and faculty. This can happen even if the students’ actions do not meet the rules for permanent exclusion.

This type of expulsion should be coded in Education Management Information System (EMIS) as an “expulsion under board policy to extend” to allow for records sharing between schools and districts in the Ohio District Data Exchange system.

Imminent and severe endangerment includes:

  • Bringing a gun to school or anywhere place the school owns or controls;
  • Bringing a gun to a school event or activity;
  • Bringing a dangerous knife to school or a school event;
  • Doing something illegal that causes serious harm to people or property at school or at a school event;
  • Making a bomb threat to the school or a place where a school activity is happening; or
  • Making a serious threat, like writing a list of people to hurt or posting social media posts that makes others think the student is a threat to themselves, other students, staff or faculty.

Before issuing an expulsion under board policy, the superintendent must:

  • Provide a written plan of what student must complete before return to school.
  • Select a licensed professional to administer a psychiatric assessment in collaboration with the student’s parent or guardian.  If the psychiatrist, psychologist, or school psychologist does not work for the school, the cost of the assessment will be sent to the student’s health insurance to pay. Any costs not covered by the student’s health insurance must be paid by the district.
  • Develop a re-entry plan to determine what requirements a student needs to meet to return to the learning environment and provide a copy to family.
  • Provide a plan for the continued education of the student.
  • Consult with multi-disciplinary team at the end of the 180-day expulsion period or extended expulsion to determine whether the student is a threat to self, others and determine if student has shown significant improvement.  Decide if re-instatement is applicable or whether an expulsion extension beyond 180 days is necessary.

Extended Expulsion Period Beyond 180 days

Under district policy, Ohio law, allows a superintendent at the end of a 180-school day expulsion period, to extend an expulsion up to 90-school days, if student fails to meet established requirements or demonstrate significant improvement for actions that pose imminent harm or threat. The expulsion period can be shortened by superintendent on a case-by-case basis. However, prior to reducing an expulsion, a superintendent must defer to district policy.

Ohio law also gives clear guidelines for extended expulsion for students sixteen or older with pending litigation related to the violation that led to the expulsion.

Before the original expulsion time or any extended expulsion time ends, the student, parent, or guardian can ask the superintendent to do an early assessment of the student. If asked, the superintendent must assess the student and make decision based on Ohio law and local district policy regarding suspension and expulsion. The student or their parent, guardian, or caregiver can ask for a review of any decision made by the superintendent.

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Appeal Process for Parents and Guardians

When parents or caregivers know the discipline process, it lessens confusion, reduces the likelihood of future occurrences, and promotes consistency. Ohio has specific requirements for communication with families of students who face suspension or expulsion.  

The appeal process allows student and family an opportunity to share their perspective and experience. The school board can affirm, reinstate the student back into the learning environment, reverse, vacate, or modify, or cancel the suspension or expulsion. The board or designee must maintain a verbatim record of the hearing.

Ohio law states the parents and caregivers receive a written notice explaining why the student was suspended or expelled. If the student is 16 or older, the notice must state that the expulsion may be extended and that the superintendent may seek permanent exclusion.

Parents, guardians, and students may appeal disciplinary actions that remove students from the learning environment. If one wishes to appeal disciplinary outcomes, they should do so within the date and in the manner specified on the notice.

The student, parent, or guardian may be represented in all appeal proceedings and shall be granted a hearing before the board or designee. The student, parent, guardian, or attorney may request that they hold the hearing in an executive session, but the board or designee may only act upon the suspension or expulsion at a public meeting.

Special Circumstances

Out-of- District

If a student is expelled and moves to a new school district, then the student’s ability to return to the learning environment may depend on the new district’s policy.  If a student is denied temporarily admission, the student must be allowed to return to the learning environment under Ohio law at the end of exclusion period.

Out- of- State

Any school or district may, after providing a chance for a hearing, temporarily refuse to admit a student if they have been expelled or removed for disciplinary reasons from a public school in another state and the expulsion or removal period is still ongoing.  If a student is temporarily denied admission, the student must be allowed to return to school once the out-of-state exclusion period ends. The out-of-state exclusion period, beginning with the date of exclusion, cannot exceed what the new district would have given if the offense happened while the student was enrolled in the new district.  

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Return to School

When schools and districts prioritize an effective and strength-based return to school plan, they set the student and school on a path to success. The school team, student, parents and caregivers can work together to develop a plan to reduce the chance of future suspension or expulsion occurrences. The items below outline some steps to consider when creating a plan for reentry into the student’s learning environment.

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Steps for Effective Re-Engagement

  • Maintain engagement. Check-in with students and maintain communication. Ensure students have access to educational opportunities and other resources during expulsion. 
  • Set a meeting. Gather with the student, staff, family, and community partners to develop a plan to support the student. Include school staff that work regularly with the student and determine who can be a trusted adult in the learning environment.  
  • Identify the child’s strengths and areas for support. Schools have an opportunity to start with success by identifying the child’s strengths or existing positive connections in building. Ensure that the adults interacting with the student know how they can support the student and understand the student’s strengths and interests. 
  • Create a personalized re-engagement plan. Commit to a re-engagement plan for the team that includes needs, opportunities, and determines next steps for the student, family, and school staff as the student returns. Identify any external support needed for success, such as any treatment referrals needed. 
  • Monitor and check-in. Maintain a plan to check-in on the student’s plan and re-engagement for the days and weeks following the student’s return to school. Schedule student observations and check-ins to determine if student is making progress or if adjustments to plan are needed. Communicate with key staff members and ensure the school team knows where to go for support if student needs arise. Collect data and recognize success. Students, parents, caregivers, and the school team can benefit from receiving positive feedback throughout the student’s return. 
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Resources

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Last Modified: 5/6/2025 10:45:02 AM