ND Disciplinary Placement FAQ

Detention. Reform school. Correctional school. Alternative education. We call it many things, but no matter the name, we all know it's where you can be sent if you get into serious trouble at school. But kids make mistakes. They're young and impulsive and still learning. Several decades ago, schools handled most disciplinary issues internally. But as times have gotten more dangerous and stakes have increased, schools are more likely to treat youthful mistakes with serious consequences. Sometimes, this is to the detriment of our children.

Zero-tolerance policies can lead to detentions and expulsions for what is age-appropriate misbehavior. But a simple disciplinary matter can also have long-term consequences for your child. If a child is suspended or expelled, research tells us they are more likely to drop out of school or fail to go to college or trade school. That's why it's important to understand what can happen if your child is expelled or removed to an “alternative education program” (AEP). If your child faces a serious disciplinary matter, you need help from the National Education Law Team at the Lento Law Firm. Call them today at 888-535-3686.

Can My High School Student Be Expelled in North Dakota?

Your student can face expulsion in North Dakota for many reasons. North Dakota law allows a school district to expel any student for “insubordination, habitual indolence, or disorderly conduct.” State law also grants school districts wider authority to discipline students by adopting “rules regarding the suspension and expulsion of a student.” Students can face long-term suspension or expulsion for violating the student code of conduct or handbook. Problem behaviors such as:

Truancy,
Alcohol or drug possession and use,
Bullying,
Vandalism,
Misuse of computer networks and devices,
Sexual assault or harassment,
Violence against students, staff, or administrators, and
Other criminal behavior in or out of school.

Each school district will adopt its own conduct codes for its schools. For example, the Dickinson High School student handbook prohibits many activities that are cut and dried, such as drug violations, alcohol and tobacco possession, and weapons possessions. But the school also prohibits more vaguely defined actions such as threatening behavior, bullying, and harassment. Your student could be suspended, expelled, or placed in an AEP because of poorly defined “bullying” behavior with little to no evidence.

At Fargo North High School, the student handbook prohibits student misconduct, including:

Hazing,
Bullying,
Harassment,
Discrimination,
Possessing a weapon on campus,
Misusing technology or using it irresponsibly,
Repeated absences or tardiness,
Gang behavior,
Academic dishonestly like cheating, copying, and plagiarism,
Not completing make-up work,
Failure to complete assigned detentions,
Misusing school identification,
Profane or abusive language,
Disrupting the class environment,
Dress code violations,
Damaging school property or textbooks,
Assaulting another student or a staff member,
Extortion or attempts to extort other students,
Insubordination that becomes dangerous to the welfare and safety of others and
Any behavior the administration deems disruptive or detrimental to the classroom environment.

Many of these infractions are subjective. In some cases, a student may even be disciplined more seriously for multiple small infractions. That's why it's important to consult a legal advisor before your student faces serious long-term consequences. The Education Law Team at the Lento Law Firm can help protect your student's rights.

How Does a Suspension or Expulsion Happen in North Dakota?

North Dakota law gives school districts wide latitude to develop student conduct codes and guidelines and to discipline students for violations. Fortunately, school districts must also provide students with due process before expelling or suspending students long-term or sending them to an alternative education program. North Dakota law requires that a school board have a hearing within ten days after a suspension or expulsion with witness testimony and evidence:

But if you disagree with the decision of the hearing officer, you can seek a review of the decision based on the record from the original expulsion hearing:

If a designated hearing officer orders that a student be expelled, the student may seek a review of the decision by the school board, based on the record of the expulsion hearing.

Moreover, a student's parent or representative must be allowed to participate in the expulsion hearing. That means an advisor from the Education Law Team at the Lento Law Firm can represent your student in the process.

Despite due process for students, North Dakota law also allows school districts wide latitude to suspend and expel students for code of conduct violations, including:

Expulsion for up to ten days for “insubordination, habitual indolence, disorderly conduct, or for violating a school district weapons policy,”
Suspension from an AEP for up to 20 days for “insubordination, habitual indolence, disorderly conduct, or for violating a school district weapons policy,
Expulsion for “insubordination, habitual indolence, or disorderly conduct” from a traditional or AEP school “provided the expulsion does not last beyond the termination of the current school year,” and
Expulsion for up to 12 months for violating a district weapons policy.

What Happens if My Student is Expelled from High School in North Dakota?

If your student is expelled or faces a long-term suspension, they won't be able to sit at home until the expulsion ends. Under North Dakota law, truancy laws require that students still attend school. As a result, the state allows district alternative disciplinary schools, also known as alternative education placement (AEP) programs. The state oversees, certifies, and monitors these alternative programs and helps establish cooperative programs between districts to allow a single school to be shared between multiple districts.

Your student may be placed in an AEP as part of a suspension or expulsion. Because not every district has its own program, you may have to travel to another district. AEPs in North Dakota are overseen by the state and must lead to graduation, but they are not required to meet the state's minimum required curriculum:

If an alternative high school is authorized by the superintendent of public instruction under this chapter, courses in the alternative high school need not meet the minimum curriculum in North Dakota Century Code section 15.1-21-02, but all courses must lead toward graduation for each of the participants.

As a result, your student in an AEP setting may fall behind academically.

Some examples of alternative education programs in North Dakota include the Community Alternative High School in Grand Forks, the Woodrow Wilson Alternative High School in Fargo, and the Southwest Community High School in Dickinson. Dickinson's AEP notes that it is intended for “students who have had difficulty learning in the traditional high school setting.”

AEPs in North Dakota also have much lower graduation rates. Grand Forks' Community Alternative High School has only a 35% graduation rate, possibly because of the at-risk population, the subpar educational standards, and a lack of commitment and funding to the schools and the children attending.

Will My Student Face Expulsion if They Bring a Gun to School in North Dakota?

North Dakota law prohibits anyone from possessing a dangerous weapon on school property without permission, including “a school or school-sponsored event on school property.” It is a criminal infraction in North Dakota, which can be punished by up to a $1,000 fine. However, the school-based penalties are more serious for students. State law mandates that each school district adopt policies prohibiting weapons on campus and expel any student who does so for at least one year:

The board of each school district shall adopt a policy governing the possession of weapons and firearms on school property or at a school function and provide for the punishment of any student found to be in violation of the policy.

The policy must:

Prohibit the possession of a dangerous weapon or a firearm by a student on school property and at school functions and provide for the punishment of any student found to be in violation.
Require a student who possesses a firearm in violation of this section to be expelled for at least one year.

If a school expels a student under this section of the law, “the district may authorize the provision of educational services to the student in an alternative setting.”

In special cases, the superintendent can modify an expulsion on a case-by-case basis:

Before expelling a student, a school board or its designated hearing officer, within ten days of the student's suspension, shall provide the student with a hearing at which time the school board or its designated hearing officer shall take testimony and consider evidence, including the existence of mitigating circumstances. If a designated hearing officer orders that a student be expelled, the student may seek a review of the decision by the school board, based on the record of the expulsion hearing.

However, any student who possesses a firearm in school that violates this law will also face criminal charges or a referral to the juvenile delinquency system.

What if My Child Has a Disability That Impacts Their Behavior?

While students with disabilities are still held to the same rules and standards as all students, federal and state laws exist to ensure that all children have access to a free and accessible public education. Under the Individuals with Disabilities Education Act (IDEA), if a student with a disability faces disciplinary action that may remove them from school for a cumulative total of ten days or more, the school must first complete a Manifestation Determination Review (MDR). As part of the MDR, a panel of administrators, educators, and parents will first determine if the child's conduct may have been caused partly or in whole by their disability or the school's failure to implement an Individual Education Plan (IEP) appropriately. If your child sees a doctor, therapist, counselor, or psychologist, they may participate in the MDR, along with teachers who know them well and administrators.

As part of the MDR, the team will examine whether a disability affected your student's behavior, including diagnosed and undiagnosed disabilities. They will also examine whether the school's failure to implement an IEP properly contributed to the behavior. If so, the school will adjust your student's IEP or begin to implement one if needed. Your child will then return to school. But if the MDR finds that your student's behavior wasn't the result of a disability or the school's failure to implement an IEP, they may place them in an alternative education program.

Disabilities that can require the implementation of an IEP can include:

Physical limitations,
Visual, hearing, or speech problems,
Learning disabilities,
Behavioral issues, and
Mental health issues.

Can I Challenge an MDR Decision in North Dakota?

Yes, you can appeal an MDR decision, a placement decision that is the result of disciplinary action, or a removal from your child's current placement by requesting a due process hearing. A hearing officer can return your child to their earlier placement or order a change in their placement to an AEP. The hearing officer must believe that your child's current placement is “substantially likely” to injure your child or others.

When you or the school appeal, your child must remain in their interim AEP placement until the hearing officer decides the issue unless you and the school decide otherwise. An expedited due process hearing must happen within 20 school days of the date the State Education Agency receives the complaint, and the hearing office must decide within 10 school days of the completion of the hearing.

In some cases, you must use a resolution session as part of the process unless you and the school agree to waive or agree to use mediation. The resolution meeting happens within seven calendar days of the SEA receiving your complaint. Unless this meeting resolves your complaint, the due process hearing will happen within 15 calendar days after the SEA receives your complaint.

If you want to appeal an expedited due process hearing, you can do so with a lawsuit within 90 calendar days of the hearing officer's decision. The Education Law Team at the Lento Law Firm can help you with the due process hearing, a resolution meeting and negotiations, mediation, any appeal, and a lawsuit if necessary.

Can I Challenge an Expulsion in North Dakota?

Yes, you can challenge an expulsion in North Dakota. State law provides due process protections for high school students who face expulsion or long-term suspension, usually longer than ten cumulative days. These protections allow you to appeal to another decision-maker. North Dakota law provides due process protections for an initial hearing and allows you to appeal any decision using the record of your student's hearing: “If a designated hearing officer orders that a student be expelled, the student may seek a review of the decision by the school board, based on the record of the expulsion hearing.”

These appeal rights can ensure that you and your student have a second set of eyes reviewing any possible bias, conflict of interest, procedural error, or misinterpretation of state or federal law. The Education Law Team at the Lento Law Firm has helped hundreds of students nationwide through the disciplinary hearing and appeals process, protecting their rights and helping to defeat unfair expulsions.

What Should I Do If My Child Faces Expulsion or Suspension in North Dakota?

If your child is facing serious disciplinary action that could result in a suspension or expulsion, there are some things you can do to prepare for the road ahead:

Talk to your student and get their side of the story. You can record their version of events or take detailed notes. Ask for specifics about who was involved, what happened, where it happened, when it happened, and who may have witnessed the incident. You should also ask your child about the time or days leading up to the event, including whether teacher or staff actions or bullying may have contributed to the circumstances or if your child's actions were in self-defense.
Talk to the school and find out the school's version of events. Be sure to ask for specifics about what happened, who was involved, who witnessed the event, when, and at what time. If the school has cameras, ask for any video footage that exists.
If it's possible, communicate with the school in writing. When you must meet in person or speak on the phone, follow up each conversation with an email summarizing your understanding of the conversation. You'll create a written record of what happened and how the school handled it.
Collect and save any relevant information you have at home, including report cards, progress reports, emails or notes home, teacher comments on work, and voicemails.
If the school sends anything home, be sure to save it. Watch carefully for written notices about disciplinary action, hearings, appeals, and potential punishments. Save any relevant screenshots if your school has a messaging app for communication between teachers, administrators, and parents.
If your child has injuries, take them to the doctor for treatment. Note any scratches, bruising, redness, or swelling. You or your physician can also take photos, ensuring your child's injuries are memorialized in their medical records.
Look through the school's student handbook or code of conduct. Note any sections regarding conduct violations, potential punishments, and procedures for investigating and disciplining code of conduct violations.
Contact the Education Law Team at the Lento Law Firm. We work with families nationwide on student disciplinary matters and can discuss your options and how best to protect your child's rights.

Can Expelled North Dakota Students Still Go to College?

Yes, if your student is expelled from a North Dakota high school, they can still attend a college, university, or trade school. However, if your child is facing a potential expulsion and AEP placement, you should go into the process understanding the potential long-term consequences. If your child has an expulsion on their record, many colleges will request additional information from your child and the school. Colleges have a duty to keep their students and staff safe, so they must investigate potential safety risks.

A serious disciplinary matter that results in an AEP placement can also lead to:

Your child is losing academic opportunities, AP, honors, IB classes, and academic rigor. In North Dakota, alternative education programs aren't required to meet the same core curriculum standards of traditional schools. As a result, your child can fall behind academically, and it can be challenging to catch up.
Losing out on school involvement and community, including athletics, extracurricular activities, clubs, drama, band and chorus programs, and art.
Losing out on friendships, a social life, and a normal high school experience.
A lack of IEP services, counseling, therapy, and special education support.
Mental health issues, including depression and anxiety.

Unfortunately, some schools will also immediately decline to admit any student with a serious disciplinary matter on their record.

You Need an Experienced Education Legal Advisor for Your Student's North Dakota Disciplinary Process

When your child faces a serious disciplinary matter, it can be frightening. You may not know where to turn for help, how to determine what will happen next, or the potential consequences your student may face. Navigating the North Dakota education disciplinary process can be challenging without the legal background and know-how to fight the system. However, the experienced Education Law Team at the Lento Law Firm can help. They've helped hundreds of families nationwide through the student disciplinary process. They can evaluate your case and advise and guide you, protecting your student's rights and ensuring they get the education they deserve. Call today at 888-535-3686 or contact the Lento Law Firm online to schedule a consultation.

FAQ: Expulsion and Disciplinary Placement in North Dakota High Schools