Can a School Suspend My Child Without a Hearing?

When That Call from the School Comes
It’s a moment that can stop you in your tracks — getting a phone call that your child has been suspended from school. Whether it’s for fighting, disrespect, or something that feels completely out of character, your first instinct is often to ask: Can they really do that? Can the school just suspend my child without even hearing their side of the story?
In Washington, the answer depends on the situation — but the good news is, students do have rights. And schools are legally required to follow specific procedures when it comes to suspending or expelling a student. At the Law Office of Erin Bradley McAleer, we regularly help families protect their children’s rights and navigate these stressful and often confusing situations.
What the Law Says About Short-Term Suspensions
For suspensions lasting 10 school days or less, Washington law does allow schools to take fairly quick action — but that doesn’t mean they can do whatever they want. Before any short-term suspension is imposed, the student must be given notice of what they’re accused of and the opportunity to explain their side of the story.
This conversation typically happens with a school administrator, such as a principal or assistant principal. It’s not a formal hearing, but it does have to happen before the suspension is enforced — unless the student is posing an immediate safety threat. Parents are also supposed to receive written notice of the suspension shortly after it’s issued, usually within 24 hours.
So, while schools can suspend a student without a full hearing in some cases, they cannot do it without first giving the student a chance to be heard. Skipping this step is a violation of due process.
Longer Suspensions and Expulsions Require More
If the school is considering a long-term suspension (more than 10 days) or an expulsion, the protections for the student are much stronger. In those cases, schools must provide written notice of the proposed discipline, explain the reasons, and inform both the student and parent of their right to request a formal hearing.
That hearing is an important part of the process. It gives the family an opportunity to challenge the school’s version of events, present their own evidence, and, if desired, bring an attorney. If you believe your child has been unfairly punished or that the school didn’t follow the rules, the hearing is your chance to make that known.
Emergency Removals: An Exception, Not the Rule
There are some situations where a school can remove a student from campus immediately — usually when the student is seen as posing a serious and immediate danger to others or to school property. This is called an “emergency removal.”
But even in these cases, the removal is supposed to be temporary — typically no more than one school day — and the school still has to follow proper procedures to initiate suspension or expulsion afterward. It’s not a free pass to remove students without accountability.
What Parents Should Do
If your child has been suspended or is facing expulsion, the best thing you can do is stay calm and ask questions. Request a copy of the written notice, the school’s code of conduct, and any records related to the incident. Don’t assume that the school’s decision is final or that your child’s voice won’t matter.
You also have the right to request a hearing — and you should, especially if the punishment is serious or based on facts you disagree with. An attorney who understands school discipline laws in Washington can help you prepare, represent your child at the hearing, and ensure that your child’s rights are respected every step of the way.
Your Child Deserves Fair Treatment
Every student deserves to be treated fairly — and to have their side of the story heard. School discipline should never feel one-sided or rushed. If your child is facing suspension or expulsion, you don’t have to go through it alone.
At the Law Office of Erin Bradley McAleer, we help parents understand their rights and advocate for their children. Whether you need guidance or representation, we’re here to make sure your child is protected — in school and beyond. Contact us today to learn how we can help. Your child’s future is worth fighting for.