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Can a Florida School Expel My Child Without a Hearing?

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Can a Florida School Expel My Child Without a Hearing?

No. Under Florida law, expulsion can only be imposed by the school board, after notice and a hearing under the district's own procedures (Fla. Stat. 1006.09). A principal cannot expel a student. A principal's suspension is limited to 10 school days per incident.

What Florida Law Requires

Every district must adopt a code of student conduct with the rules, the consequences, and the procedures, and must notify parents of a suspension and the reasons (Fla. Stat. 1006.07). The U.S. Supreme Court's Goss v. Lopez (1975) requires notice and an informal chance to be heard before even a short suspension, with more formal process for longer removals.

• The code: your district's code of student conduct sets the rules, consequences, and procedures (Fla. Stat. 1006.07).
• 10 days: the limit on a principal's suspension per incident. Expulsion requires the school board and a hearing (Fla. Stat. 1006.09).
• Case by case: zero-tolerance policies must still allow individual consideration and can't require police referral for petty misconduct (Fla. Stat. 1006.13).
• Due process: notice and a chance to be heard before a suspension is the constitutional floor (Goss v. Lopez).

Suspension Is Not Expulsion

A suspension and an expulsion are handled very differently under Florida law. A principal can suspend a student for up to 10 school days for one incident. Anything beyond that — or a permanent removal from the school — requires the school board to act, and the student must get notice and a hearing first. The student also must be given the opportunity to present their side.

Zero-Tolerance Still Requires Individual Review

Fla. Stat. 1006.13 says zero-tolerance policies must still allow case-by-case consideration. They cannot require automatic referral to law enforcement for petty misconduct. If your child's case was treated as automatic, without individual review, that is worth raising in your written response and at the hearing.

If Your Child Has an IEP or a 504 Plan

Under federal IDEA rules, a removal of more than 10 consecutive school days — or a pattern of removals — is a change of placement. It requires a manifestation determination review within 10 school days. If the conduct was caused by, or substantially related to, the disability, or resulted from the school's failure to implement the IEP, the student generally returns to school and the team addresses the behavior instead (see the U.S. Dept. of Education — IDEA discipline procedures). Section 504 provides parallel protections. Services must continue during removals beyond 10 days.

If Police Are Involved

If a school resource officer or the police are involved, the school discipline process and any juvenile court process are separate. Your child should not give a statement to police without a parent present, and ideally an attorney. Contact the public defender or legal aid before that happens. This guide does not give criminal-defense advice.

What to Do Next

This is general information, not legal advice. It can be wrong, and every district's code of student conduct controls the exact procedure — confirm with your district's hearing office. For expulsion, arrest, or a special-education dispute, contact FloridaLawHelp.org or an attorney.

The free tool reads your own notice and your child's account. Paste them in, and it tells you which rule applies, the deadline to respond, the records to request, and — if your child has an IEP or 504 — the manifestation determination rules that apply to your case.

School Discipline Response FL explains Florida school-discipline law and district procedures in plain language; it can be wrong, and it is not legal advice. It never names other students. For expulsion, arrest or a special-education dispute, contact legal aid or an attorney. Nothing you paste is stored.