In Mississippi, if a high school student is removed from the classroom and expelled from school, they may be placed in an alternative education program. As a parent or guardian, you may have questions about how alternative schools work and the consequences of these disciplinary placements.
We have compiled answers to common questions about disciplinary placements below, but please call the Lento Law Firm at 888.535.3686 if you need legal assistance.
How Do Mississippi Schools Discipline Students?
The rules and regulations for disciplining students in Mississippi are outlined in the Mississippi Civil Code. School districts have some flexibility in determining how to discipline students, but there should be an emphasis on remedying and correcting behavior rather than punishment.
Students could be issued warnings, placed in detention, removed from the classroom, or awarded no credit for certain assignments. For more serious disciplinary violations, they may be suspended or expelled.
When Can Mississippi Students Be Expelled?
In Mississippi, schools can expel students if the principal or superintendent determines that the student's conduct:
- Is disruptive and detrimental to the best interests of their classmates and teacher; and
- The best way to remedy the situation is to remove the child from the classroom.
The state's conduct codes don't provide many examples of behavior that could merit expulsion. However, your school's handbook may outline more specific examples and punishments which may apply.
Expulsion in Mississippi can be temporary – meaning the child can return to the school – or permanent, meaning the child can't return to that school. Before expelling your child, the school must make it clear what type of expulsion they are proposing and why.
Suspension
In Mississippi, suspension is the temporary removal of a child from the classroom. They might remain on campus but in a different classroom, or they may be unable to return until the suspension ends. Suspension can be for a few days or longer, depending on the circumstances.
As with expelled students, suspended students could be placed into temporary education, especially if the suspension is for longer than 10 days.
When Is Expulsion Not an Option?
Schools can't normally expel students unless there's an attempt made to correct the student's behavior first. This usually means making an intervention plan for the student to monitor their behavior and progress. If the student doesn't comply with the plan – or they commit an act that merits automatic expulsion – then they could be removed from campus.
When Are Students Expelled Automatically?
Schools may automatically expel children in the following circumstances:
- Possession of a firearm or other dangerous weapon, e.g., knife.
- Behaving violently on school property, e.g., assaulting a teacher.
“School property”, for the purposes of disciplinary action, includes school buses, campus grounds, and any other property owned or used by the school board (Mississippi Code 97-37-17).
Will a School Expel My Child for Disruptive Conduct?
There are usually more proportionate ways to handle one-off incidents or occasional disruptive behavior. However, students who demonstrate a pattern of disorderly conduct may face expulsion.
To be considered habitually disruptive, students must meet the definition outlined in the Code (Section 37-11-18.1).
Disruptive behavior is any conduct that is significant enough to either:
- Affect a teacher's ability to teach the class; or
- Interfere with a child's ability to learn; or
- Affect the day-to-day running of school activities.
A student is habitually disruptive if they:
- Act disruptively at least twice in a school year; and
- Require intervention from school staff; and
- Have failed to follow a behavioral intervention plan set by the school to improve their conduct.
Schools cannot consider a student habitually disruptive unless they first set a behavioral intervention plan and the student fails to follow it. The student may then be considered for expulsion.
Can Mississippi Schools Expel Students for Absences?
In Mississippi, school-aged children are legally obliged to attend school or enroll in homeschooling. Parents or custodians have a duty to ensure their child attends school regularly. However, unauthorized absences don't usually result in expulsion. Children at risk of dropping out of school could be placed in alternative education to reduce the risk, though.
Can My Child Be Expelled for Cheating or Plagiarism?
It depends on the school's conduct rules. Mississippi education law gives some flexibility here. Some schools may allow students to be expelled for cheating or plagiarism. This is especially true for repeated or more serious offenses, e.g., breaking into a school office and damaging property to steal test papers.
In many cases, cheating won't automatically result in expulsion. Expelling a child should be a punishment of last resort, given how severe the consequences can be for the child in question.
Will My Child Be Expelled for Possession?
Yes. As defined in the Mississippi Code Section 37-11-18, a child will be expelled for a calendar year if they possess a dangerous weapon, firearm, or controlled substance on campus. The expulsion takes effect immediately, although the child is still entitled to a hearing and due process.
In some scenarios, the school superintendent may be able to change the duration of the expulsion so that students can return quicker. This is entirely at the superintendent's discretion, though – it's not an automatic right.
How Do Alternative Education Programs Work?
Alternative education programs serve students who are struggling with behavioral, social, emotional, or academic issues in regular school. They aim to help students find more positive ways to deal with their problems and challenge problematic behavior.
- Students should each receive individual learning plans tailored to their needs. Their performance should be reviewed daily to allow for early intervention if needed.
- A school can oblige students to remain in alternative education until their behavior improves or they make sufficient academic progress.
- Every child will have their own achievement level. Staff should work directly with students to ensure they have the best chance of meeting their learning outcomes and academic obligations.
When the program ends, students are encouraged to return to school gradually to make the transition back to regular schooling more manageable.
What Is Teaching Like in Alternative Education Programs?
Students in alternative schools are expected to study the same curriculum and have access to the same learning materials as their peers in regular school. Theoretically, then, they should receive the same education. However, classrooms in alternative schools are quite different.
For one thing, students in alternative schools have vastly different needs, and disruptive students may take up a significant amount of a teacher's time. There's also no guarantee that the curriculum will be as rigorous as your child's regular school program, and your child might struggle to adjust or lose motivation.
Put simply, teaching staff may simply not have the resources – or the capacity – to give your child the attention they need to thrive. The goal should always be to avoid disciplinary placement.
Can I Homeschool My Child Instead?
You're legally entitled to homeschool your child in Mississippi. To comply with the state's compulsory school attendance laws, you must complete and file a certificate of enrollment and withdraw your child from their current school.
Choosing to homeschool a child is a big decision. If you do decide to homeschool your child, note that it may not be possible for your child to return to their old school if they wish to do so at another time. However, for some families, homeschooling makes more sense than alternative school programs.
Can Students Be Placed in Alternative Education More Than Once?
Yes. If a child returns to school and they're suspended or expelled again, they may be placed on another disciplinary placement. This may create a destructive cycle of children returning to school, encountering the same behavioral issues as before, and ending up back in alternative education. It's crucial that schools and parents work together to monitor the well-being of pupils and support them through whatever challenges they're facing.
Otherwise, there's a risk an otherwise bright or promising student will lose out on crucial academic and social progress. And on the other hand, vulnerable students will become even more likely to drop out or struggle to complete the high school program.
Are Alternative Schools Required to Accept Students?
No. Schools are not required to admit students into alternative schools if their behavior poses a significant risk to the safety of others. So, for example, students who are expelled for a very serious matter, such as brandishing a firearm on campus, may not be guaranteed a place in alternative school. They may also face criminal penalties or attend youth court, depending on the circumstances.
Complete removal from a school setting – including disciplinary placements – is a severe punishment reserved for exceptional circumstances. Given how serious the long-term consequences may be for the child in question, schools and parents should take all possible steps to avoid this outcome.
What Are the Consequences of Alternative Education Programs?
In some cases, students may benefit from a temporary removal from a specific classroom environment. However, it's important that you're aware of what alternative school placements could mean for your child in the short and long term.
In the short term, your child may act out, or their behavior may become more worrying. They'll lose privileges such as participating in school activities and playing on school sports teams. They may lose contact with their friends and feel alienated from their peers. Social exclusion, at this stage in a child's development, can be just as problematic as academic exclusion.
Longer term, expulsion may cause a variety of consequences.
- If a student feels they've been unfairly treated, they might lose motivation. This could lead to a pattern of destructive behavior and a failure to make academic progress.
- A student may struggle to catch up with their peers and fall significantly behind in their studies, which could jeopardize their college ambitions.
- Students may find it harder to apply to college or pursue the career they want if there's an exclusion or disciplinary placement on their record.
- Young people need stability. An expelled student is at risk of developing long-term mental health issues, such as stress or anxiety, after the trauma of being removed from campus and sent to alternative school.
How Long Do Disciplinary Placements Last in Mississippi?
There's no single answer to this question. It depends on how long your child is suspended or expelled from their regular school. Some disciplinary placements might only last a few weeks or a semester, whereas others could last the full school year. In serious cases, children will remain in alternative school until they complete their high school education.
What Are the Pros and Cons of Disciplinary Placements?
Although there are some drawbacks to alternative education, it can be a positive move for the right student. Here are the pros and cons of disciplinary placements for high school students in MS.
Pros of Disciplinary Placements
- Children remain in a learning environment, so they can still make progress with their studies.
- Getting a break from a certain trigger – whether it's a teacher, a student, or a class – can give your child the space they need to reflect on what happened and return with a more positive outlook.
- Teachers at alternative schools may have more experience dealing with behavioral and social problems than teachers in regular schools.
Cons of Disciplinary Placements
- Alternative schools may not have the same academic resources as regular schools; despite a teacher's best intentions, it may be more challenging to educate your child.
- If the school is not local, it's tiring and stressful for your child to travel longer distances every day.
- Children may struggle to readjust to regular school after being alienated from their friends – even if only for a couple of weeks.
- Not all colleges look favorably on students placed in alternative schools due to behavioral, social, or academic issues. The placement could affect your child's chance of securing their ideal college place.
Although alternative school offers students the chance of a fresh start, it's usually best to help them stay in regular school where they're among friends. Attorney-advisor Joseph Lento and his Student Defense Team will endeavor to keep your child in the classroom where they're most comfortable, but we'll help you understand what to expect from alternative school if necessary.
What Is the Process for Placing Students in Alternative Education?
If a student is removed and expelled or suspended, the school should arrange for the child to enter an alternative program (Mississippi Code 37-13-92). The student can't be placed into alternative school until the school:
- Notifies the parents or legal guardians of the decision; and
- Determines how long the placement will last; and
- Sets a schedule for reviewing the child's behavioral and academic progress.
In certain circumstances, the school superintendent may arrange for a child to undertake a High School Equivalency Diploma program rather than an alternative school. The program must meet strict educational standards, though, and it should be in the child's best interests to enter this program rather than undertake a disciplinary placement.
Can an Alternative School Expel My Child?
Technically, yes – a child can be expelled from a disciplinary placement in MS if they behave violently or commit a criminal act (Mississippi Code, 37-13-92-9). In these circumstances, the child will typically be referred to the youth court for processing.
Removal from a disciplinary placement is a serious matter. Your child's academic and professional future could be at risk. Call the Lento Law Firm immediately for help if your child is facing removal from alternative school.
Can I Appeal Expulsion?
In MS, according to Section 37-9-71 of the Mississippi Code, parents or legal guardians have the right to challenge certain disciplinary sanctions. Specifically, you can appeal a suspension of more than 10 days or expulsion.
- The school board should hold a hearing. The child and their parents or legal custodians should attend.
- Students are entitled to legal representation at the hearing. It's recommended that you take advantage of this right to give your child the best chance of a positive outcome.
- The standard of proof is “substantial evidence.” “Substantial” means there's enough evidence for a reasonable person to reach a certain conclusion.
- Following the hearing, the school principal or superintendent will advise you of the outcome.
“Substantial evidence” is a low standard of proof. Put simply, if the school has more evidence to support its position than the child in question, then the suspension or expulsion may be upheld.
How Do I Prepare for School Meetings?
When it comes to disciplinary hearings, the more prepared you are, the better. Although every student – and every case – is unique, there are steps that every family can take to prepare for a school meeting.
- First, contact the school. Make sure you know when and where the hearing will take place.
- Ask your child what happened. It's important to understand their version of events so you can support them at this time.
- Gather any evidence you can find. Evidence could be, for example, an email from a teacher, homework feedback, or a school letter. Other evidence could include social media posts and photographs. If in doubt, gather it at this stage. Remember, it's better to over-prepare.
- Contact an attorney-advisor to discuss your options. They can explain the strengths and weaknesses of your position, evaluate the evidence, and explain how you might negotiate a more positive outcome with the school.
- Understand what you're hoping to achieve at the school meeting. Do you believe the whole matter should be dropped, or do you believe there's a more proportionate measure the school could use rather than expulsion? Have a clear sense of the outcome you're working towards.
Above all, stay calm and level-headed throughout the process. Your child will be stressed and anxious right now. Ensure they feel supported rather than judged and help them understand what consequences they might face depending on the action taken against them.
Do I Need an Attorney-Advisor to Appeal Disciplinary Placements in Mississippi?
It's advisable that you consult an attorney-advisor before meeting with the school or challenging a disciplinary arrangement. Here's why.
- An attorney-advisor will ensure that the school upholds due process and treats your child fairly at every stage of proceedings.
- Disciplinary matters can be complex. An attorney-advisor understands how the proceedings work and will advise you fully on what to expect.
- It's not always obvious what evidence might be helpful to your case. An experienced attorney-advisor will consider all available evidence to determine how to build the strongest possible case in your child's favor.
A knowledgeable attorney-advisor understands how to negotiate with school officials. They will do everything possible to mitigate the impact of disciplinary action on your child. Attorney-advisor Joseph Lento and his Student Defense Team have the experience to guide you through the disciplinary process and any appeal proceedings.
How the Lento Law Firm Can Help with Disciplinary Placements in MS
Serious disciplinary action, such as expulsion, puts your child's academic and professional future at risk. And although temporary education programs have their place, every step should be taken to avoid this outcome for your child.
That's where attorney-advisor Joseph Lento and his Student Defense Team come in. At the Lento Law Firm, we've helped numerous students and their families negotiate disciplinary action. We will do everything we can to help you present a compelling case, and we'll hold the school to account to ensure that they follow their own rules and processes fairly.
Your child deserves a quality education with as little disruption as possible. And at the Lento Law Firm, we believe every student deserves a second chance. Call now at 888.535.3686 to schedule a consultation or complete the contact form – a member of the team will get back to you promptly.
