My Child Was Expelled From School — Now What?

My child was expelled from school — now what?

The word expelled is used loosely, even by schools. Three different removals can feel the same at home — your child is out of their normal school — but they follow different rules, hearings, and clocks.

Step 1: Classify the removal

Expulsion means the board, or someone acting for the board, has removed the child from school for a set period under the state's expulsion law. In California, for example, an expulsion follows a hearing under Education Code §48918, and the order comes with a plan for review and return under §48916.

An alternative placement is not always an expulsion. In Texas, a Disciplinary Alternative Education Program placement, often called DAEP, is ordered under Texas Education Code §37.009. A conference must be held not later than the third class day after the removal under §37.009(a). A DAEP order can last a long time, but calling it an expulsion does not make it one, and the appeal rights are different.

A long-term suspension is a longer removal that is still called a suspension. In New York, a suspension of more than five school days requires a superintendent's fair hearing under Education Law §3214(3)(c). New York does not have permanent expulsion of a compulsory-age student in the way California or Texas parents mean the word. The district must take immediate steps for the student to attend instruction elsewhere under §3214(3)(e).

Ask for the order in writing: the name of the removal, the code used, start and end dates, where your child will learn, and the next appeal step.

Step 2: Protect the hearing

In California, written notice of an expulsion hearing must be sent at least 10 calendar days before the hearing under Education Code §48918(b), and the hearing itself must be held within 30 school days of the determination that the student violated §48900, not counting a postponement the student requests under §48918(a).

Bring a simple packet: the notice, your child's dated account, any video request you sent, witness names, and any prior record the school gave you. The forum usually decides: did the act happen, does it fit the code cited, and is the length fair under that law?

Step 3: Watch the two clocks

There are often two clocks, and only one is in state law.

The law clock exists in some states. In California, a parent may appeal an expulsion to the county board of education within 30 calendar days after the governing board's decision to expel, under Education Code §48919. In New York, after appealing a long suspension to the local board, an appeal to the Commissioner of Education must be started within 30 days from the decision or act complained of, unless the Commissioner excuses a delay for good cause, under 8 NYCRR §275.16.

The district-book clock is the other one. In Texas, Florida, and Illinois, state law does not give one number of days for the ordinary parent appeal of most discipline decisions. The number, if there is one, is in the district's grievance policy, student code of conduct, or handbook. In Texas those documents are often the board policies and the code of conduct adopted under §37.001. Do not wait for a state deadline that does not exist.

If your child was in a private school

Most statutes above govern public schools. For a private school, the contract you signed and the family handbook usually govern. Read their discipline and appeal sections first and hold the school to that promise in writing.

Practical next steps

1. Get the written order today and label it correctly: expulsion, DAEP or alternative placement, or long-term suspension.
2. Write down the hearing date, the appeal deadline in law if your state has one, and the deadline in the district book — as two separate dates.
3. Send a short written appeal or request for review before the earliest date, and keep proof of delivery.
4. Ask where your child will receive instruction during the removal, and, if your child has an IEP, about services and whether a manifestation review is required.

Go to the checker: The school punished my child

Rules checked October 2026 — every rule on this page is cited to its source. Verify day counts against your district's official calendar.