Education Law for Parents and Students

The Washington State Constitution guarantees children in the state a public education. This means that a school district cannot remove a child from a public school setting without giving the parent and child an opportunity to object.

A child may be excluded from a public education when suspended or expelled from school. However, the School District must afford the child an opportunity to be heard at an administrative hearing. The administrative process can be confusing and school law can be confusing and complex. Children are suspended or expelled from school for all kinds of offenses. A child may be expelled for something as serious as bringing a weapon to school or for merely being suspected of doing wrong doing.

Types of school suspension/expulsion cases we have handled

A student, Rob*, found a wallet that had been lost by a classmate and turned it into the teacher. Even though Rob did not steal the wallet and the School District had no evidence that Rob stole the wallet, he was suspended from school for an entire semester. Rob was not liked by school administrators because he led a "gang" of children in school and danced at lunch hour. Cloutier & Engle PLLC successfully defended Rob at an administrative hearing. Rob was immediately reinstated in school and was allowed to make up the work he missed.

Paul* was summarily expelled from school for fighting after defending himself from being jumped by a group of kids after school. Paul was known as a bit of a trouble maker in school; he left campus without permission and was often caught smoking. However, he had never been in trouble for fighting and certainly did not deserve to get expelled for protecting himself. Cloutier & Engle PLLC successfully represented Paul and the expulsion was lifted.

* Names have been changed to protect confidentiality.

Individuals with Disabilities Education Act (IDEA)

When a child with a disability is expelled or suspended from school, Federal law and statutes make the administrative process more complex.

The Individuals with Disabilities Education Act (IDEA) is a federal law guarantees a free appropriate public education for students with disabilities in the least restrictive environment. IDEA requires that public schools provide necessary learning aids, testing modifications and other educational accommodations to children with disabilities. IDEA also establishes due process in providing these accommodations. Children, whose learning is hampered by disabilities not interfering with his/her ability to function in a general classroom, may qualify for similar accommodations under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act (ADA).

Sometimes, school districts do not do what is required by law because of financial or political considerations, causing children with disabilities to fail in an academic setting. Other times, school districts may suspend or expel a child from school for behaviors caused by the child's disability.

Contact us 

Cloutier & Engle PLLC can help you negotiate your child's educational placement with a school district. If your school district is unable or unwilling to do the right thing, Cloutier & Engle PLLC has the experience to navigate the web of administrative procedures required to litigate your case.

E-mail us or call us at (425) 275-9457 to discuss education law with a trusted Washington state attorney.