Disciplinary appeal deadlines in schools

The deadline to challenge a disciplinary decision from a public college or high school before the academy's head is 8 days from the written notification, and this appeal is required. If the deadline is missed, the sanction can no longer be effectively contested.

Legal options for disciplinary decisions

A disciplinary decision can be legally appealed to an administrative court within two months. This applies to public middle and high schools. Kindergartens and elementary schools, where disciplinary actions are rare, are not covered in this article.

Guarantees in disciplinary proceedings

All individuals facing disciplinary actions are guaranteed legal protections such as the rule of non bis in idem, the right to be heard, and the proportionality of the sanction. The education code also mandates informing students of their right to remain silent, effective July 4, 2025.

Sanctions in middle and high schools

The head of a public middle or high school can impose five types of sanctions: warning, reprimand, responsibility measure, temporary class exclusion, and temporary institution exclusion. Only the disciplinary council can impose a definitive exclusion. The disciplinary process is mandatory in specific cases, such as physical violence or weapon possession.

Procedural requirements for disciplinary councils

Students must be informed of the alleged facts without delay and given at least two working days to prepare their defense. If a student is a minor, their legal representatives are also notified. Before a disciplinary council meeting, a student may be excluded temporarily, but this is not considered a sanction.

Disciplinary council procedures

The disciplinary council must be summoned at least five days in advance, by registered letter or hand delivery with a signature. The council must meet with a quorum, or a new meeting must be held within 5 to 10 days. The student, and upon request, their legal representative or defender, are heard, along with two teachers and other relevant parties.

Consequences of definitive exclusion

If a student is definitively excluded from a public middle or high school, the academy head or the director of national education services must ensure they are enrolled in another institution. Since May 2026, enrollment in the National Center for Distance Education is no longer an option. The same decree also simplified the composition of the academic disciplinary appeal commission.

Disciplinary procedures in universities

In universities, the law of July 31, 2025, and a 2026 decree have revised disciplinary rules, focusing on issues like antisemitism, racism, and fraud. Three bodies can impose sanctions: the university president, the disciplinary section of the academic council, and the regional academic disciplinary section.

Rights and procedures for university students

Students are informed of their rights, including the right to remain silent, and are summoned at least 15 days before a disciplinary session. They can consult the instruction report 10 days in advance. The university president can temporarily restrict access to premises for acts like violence or harassment.

Private institution disciplinary procedures

Private institutions follow their internal regulations, which are part of the schooling contract. Disputes are handled by the judicial court, not the administrative court. However, fraud in private higher education can still be sanctioned, especially if it affects public examinations or national diplomas.

Sanctions in public middle and high schools

Public middle and high schools have a limited range of sanctions defined by the education code. These include warnings, reprimands, and temporary or definitive exclusions. The responsibility measure was recently modified to allow it to be carried out in other educational institutions without the student's agreement.

University disciplinary sanctions

Universities have a more severe range of sanctions, including temporary exclusion for up to five years and definitive exclusion from all public higher education institutions. Fraud in exams or enrollment leads to the nullity of the exam or enrollment, and the heaviest sanctions prevent future enrollment in public programs or national diploma exams.

Appeals in public middle and high schools

Any disciplinary decision from a council in public middle or high schools must be submitted to the academy head within 8 days. This appeal is mandatory, and without it, the administrative court cannot be approached. The appeal is not suspensive, and the student can also pursue a discretionary or grace appeal.

University and private institution appeals

In universities, disciplinary decisions can be appealed directly to the administrative court within two months. In private institutions, exclusions are considered breaches of contract, so the judicial court is the only authority. The competence clause is often unwritten and must be carefully considered.