Legal Question in Education Law in Missouri

Can a public school kick a student out?

I live in TN and my mom and brother live in Missouri. My brother, who is 15, soon to be 16, was just enrolled into a new school. The school admited him on a ''probation'' basis. Stating that if he did not shape up his academic act, they would terminate his position as a student in the school. I was just wondering what legal ability that have in that situation. I know in Missouri you are not required to go to school after the age of 16, but can they kick him out? They basically said they didnt want to waste their time. I just see it as this my mom, a tax payer, pays for the teachers, principals, what have you - to work at the school to educate my brother, and I dont care if it takes until hes 20, they shouldnt be able to kick him out.

Thanks for the help!


Asked on 3/16/04, 10:03 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Can a public school kick a student out?

Yes, a public school system can and in some cases should kick a student out. In most cases it has less to do with his own failures than it does with his impact on fellow classmates. Consider that if the student doesn't take notes, doesn't contribute, talks to other students, distracts them, becomes a discipline issue for the teachers, and in other ways takes time, energy, effort and education away from other students (all of whose parents are also paying taxes)he is doing more than simply harming himself.

If a kid shows up, tries, and simply fails, that's one issue. No child should be expelled for that reason. However, if a child doesn't want to be there, and inflicts his or her malignant attitude on everyone else, so as to take away from the educational experience of the other students, that is unfair to those students who are there to learn.

At 16 a child needs to become accountable for his actions. If he chooses the wrong path, he may need to be accountable for that choice.

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Answered on 3/17/04, 8:59 am


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