Author: Wallace C. Winter, Supervising Attorney for the Legal Assistance Foundation of Metropolitan Chicago
Last updated: April 2007

This booklet is written as a guide for parents.  It describes procedures that public schools must follow when suspending or expelling students and explains the rights parents have when their child is suspended or expelled.  Procedures specific to the Chicago Public Schools (CPS) are described when appropriate.  School districts throughout the state may differ significantly in the substantive and procedural provisions contained in their student handbooks.  Parents are strongly advised to consult their district’s handbook first and to use this Guide as a supplemental aid.

The booklet is divided into two parts.  The first part describes procedures for non-disabled students, and the second part describes procedures for students who are receiving special education services.  Each part is further divided into two sections.  One covers suspensions and the other covers expulsions.  Each section is designed to be read separately, so that you may read only the section that applies to your situation.

Table of Contents

Part 1: Procedures for Non-Disabled Students
Suspensions of non-disabled students
Expulsions of non-disabled students
If you think your child might need special education

Part 2: Procedures for Students with Disabilities
Suspensions of students with disabilities
Expulsions of students with disabilities
Requesting a due process hearing

The information in this booklet is not intended as legal advice and only summarizes relevant state and federal laws. This booklet is not a substitute for advice from an attorney about your specific case.  The booklet takes into account Congress’ amendments to the Individuals with Disabilities Act (IDEA) that took effect on July 1, 2005. As of July 2005, final regulations have not been promulgated for the IDEA amendments.  Nor has the Illinois Legislature or Illinois State Board of Education passed legislation or regulations respectively to implement the IDEA amendments. This booklet was prepared under the supervision of Wallace C. Winter, Supervising Attorney for the Legal Assistance Foundation of Metropolitan Chicago (LAF), who wishes to acknowledge the assistance in researching and editing provided by law student interns Ann Krasuski (DePaul), Donna Harnett (John Marshall), and Rachel Shapiro (Ohio State University).