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Trustees weigh attorney attendance for expulsion hearings after staff cost estimate
Summary
Board members discussed having attorneys attend student expulsion hearings and reviewed a preliminary cost estimate of $275 per hour; trustees favored virtual participation to limit travel costs and emphasized the attorney’s role in reducing legal risk.
The Benton Harbor Area Schools board discussed whether to have attorneys present at student expulsion and re-entry hearings after staff provided a preliminary cost outline.
President Robinson introduced the topic and said staff had asked for a quick cost analysis. The staff summary included an attorney rate of $275 per hour, with travel billed from the time the attorney begins travel. Based on 2023–24 expulsion hearings, staff provided an estimated total of about $1,450 (the staff presenter said the figure did not include travel time and characterized the number as illustrative).
Several trustees supported virtual attorney attendance. Trustee Gavin said the attorney could join on Zoom and that having legal counsel present can help prevent costly mistakes: “The reason you have an attorney is to prevent you from spending, you know, making, you know, $100,000 mistakes,” Gavin said. Trustees also requested that any subsequent cost analysis include the option of remote participation and account for preparation time the attorney would need to review hearing materials.
Board members emphasized the district’s interest in reducing expulsions through mediation and better process, but said legal presence is important where procedural errors could expose the district to liability. Staff agreed to return with a more detailed cost analysis that includes virtual attendance and preparation-hour estimates.
