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Do I Need a Lawyer?

Representation

A party to an expulsion hearing or a suspension appeal may be represented by counsel or an agent.

1. Counsel is a Lawyer
2. An agent may be a family friend, religious advisor or other person who can assist with the presentation of the case.

NOTE:  Representation is not a requirement.

While you are not required to have a representative (this may be a lawyer, friend, religious advisor or another person who can assist with the presentation of the case) in the hearing, you do have the right of representation should you desire to have it. A hearing is a quasi-judicial process very similar to appearing in a court. The Member(s) hearing the case must remain neutral and cannot help you present your evidence or give you advice. Ask yourself whether you will be comfortable enough with the process and issues in dispute to be a good advocate on your own behalf. If you do decide to represent yourself, consider consulting a representative before the hearing for advice on the strengths and weaknesses of your case and how to best present it to the Board.

Referral List

If you would like the opportunity to seek representation; for your convenience please see below a referral list of lawyers who have asked to have their names made available for referral to families engaged in education related matters; such as expulsion hearings and/or suspension appeal meetings.

DISCLAIMER: The names provided courtesy of this referral list do not constitute legal advice and do not in any way constitute a recommendation or endorsement of any name contained on this list.

Have you been expelled from all ³Ô¹ÏºÚÁÏÍø schools?

YOUR CHILD WILL CONTINUE TO HAVE ACCESS TO EDUCATION

Under section 311.5(b), the Education Act is quite clear that if a pupil is expelled from all schools of the board, that a program for expelled pupils must be provided to allow for the continuance of the pupils education. ALL SCHOOLS OF THE BOARD does NOT mean your son or daughter has loss their access to school. If your child is expelled from all schools of the board the board will immediately provide an alternative learning setting where access will be provided to a trained staff of teachers, child and youth workers/ counsellors, social workers, and psychologists; whose purpose is to support students and assist them to re-establish themselves academically in order to re-enter successfully into a regular school program at an appropriate time.

Alternative Programs have been shown to successfully assist and support a range of students. More than 95% of all students who are expelled from all schools of the board return to school without further incident once they have successfully completed one of these programs.

CAN MY CHILD EARN CREDITS AT AN EXPELLED STUDENTS PROGRAM?

The expelled students programs of the board supports the use of a variety of strategies aimed at prevention and the teaching and development of personal and social skills; within a framework that provides opportunities for students to complete high school credits towards the achievement of their diplomas, in a school setting following disciplinary action. Your child will have every opportunity to achieve credits.

CAN MY CHILD EVER RETURN TO A REGULAR SCHOOL PROGRAM?

Prior to attending the expelled students program of the board; a personalized Action Plan is developed with consultation that outlines key objectives that must be achieved by your child prior to being re-admitted back into a regular school of the board. Once your child has met the specific objectives of the Action Plan, application can be made for re-admittance to a regular school program of the board.

YOUR CHILD WILL CONTINUE TO HAVE ACCESS TO EDUCATION

Under section 311.5(a), the Education Act is quite clear that if a pupil is expelled from school only, that the school board shall assign the pupil to, another school of the board. After consultation; your child will be transferred to another regular school program of the board.