A parent is not required to have their own lawyer at an expulsion hearing, but parents should not let the School District discourage them from seeking legal representation. The School District will have its own lawyer at the hearing. An expulsion decision can be appealed to the Philadelphia Court of Common Pleas within 30 days of the decision. However, it is quite difficult to get an expulsion determination overturned by a court, so it is important to present the best possible defense at the expulsion hearing. If the student is under the age of 17, he or she must be provided an education, even if permanently expelled from school.
Parents have the duty to make reasonable efforts to find another education program for their child.
If they cannot do so within 30 days of the expulsion, they must let the School District know in writing. School authorities then have the duty to make some provision for the child's education. In general, there is no minimum length for an expulsion. However, Act 26 also allows the superintendent to recommend a shorter period of expulsion, or no expulsion at all. There also is no maximum on expulsions.