It's only natural to want your kid to succeed at school. It may be difficult, however, when the school takes serious disciplinary action against them. In Ohio, students can be sent to alternative education programs if they get expelled from their regular school. This placement can have negative consequences for students that could end up severely impacting their future.
We answered all the questions you might have as a parent about disciplinary placements in Ohio schools. If your child is about to be removed from their Ohio school, consider contacting a student defense attorney-advisor.
What Kinds of Behaviors Lead to Expulsion in Ohio Schools?
Students in grades six through 12 may be suspended or expelled and placed in alternative education for misconduct, according to the Ohio School Boards Association. School districts are allowed to make their own codes of conduct and decide which behaviors constitute suspension or expulsion, to a degree. For serious disciplinary action, they must follow certain rules as well.
Examples of behavior that might lead to suspension or expulsion from an Ohio school are:
- Causing damage to school property
- Skipping school (truancy)
- Cheating
- Gambling
- Possessing, selling, buying, or even smelling like drugs and alcohol
- Disruptive or disrespectful behaviors
- Wearing clothing considered “sexually explicit”
- Extortion
- Possessing weapons such as firearms
Some school districts also suspend or expel students for continued truancy or poor academic performance. While these offenses seem minor, and alone they might warrant less severe discipline, multiple minor offenses may compel school districts to take more serious disciplinary action.
Your child's school district may be well within its authority to decide that expulsion and reassignment to an alternative education program is the right solution for your child. To protect your child's rights and keep their academic future intact, you can hire a student defense attorney-advisor for when your child gets in trouble with their school.
Who Is Responsible for Discipline at Ohio Schools?
Superintendents are usually the school officials who deal with serious disciplinary matters but they do not have total authority in this area. They must follow statutory parameters when it comes to suspending or expelling students.
The Ohio Revised Code Section 3313.66 does not allow a superintendent or principal of a public school to impose a suspension beyond 10 school days. They are within their power, however, to:
- Expel a student for a period of one year or longer
- Extend or renew disciplinary measures multiple times, including expulsion and placement in an alternative education program
- Readmit a student into the Ohio high school system after the conditions of the disciplinary action are fulfilled
- Make decisions that significantly impact a student's future
Although it seems like superintendents have a great deal of authority when it comes to discipline, remember that they must follow due process. No public school in Ohio may expel your child or reassign them to an alternative education program without providing you with adequate notice and giving you the chance to defend your child.
What Is an “Emergency” Expulsion or Removal in Ohio Schools?
In certain situations, school officials in Ohio may be allowed to take “emergency” disciplinary action, including expulsion or removal to an alternative education program. The student must pose an immediate threat to the safety of other students and teachers or school property in order for the emergency removal to be carried out.
According to Ohio Revised Code Section 3313.662, a school district may permanently expel a student from all public schools in the state if they are over 16 and convicted of the following criminal offenses:
- Possession of a firearm (concealed or exposed) or an object that is indistinguishable from a firearm in a school safety zone
- Possession of a controlled substance on school property or at a school-sponsored event
- Murder or manslaughter
- Sexual offense
- Assault
If a superintendent wants to expel a student based on one of the above offenses, they must obtain proof that the student has been convicted and forward that proof to the Ohio Board of Education. Keep in mind that the law in Ohio does not require schools to permanently expel students for these criminal offenses, it only allows them to.
Your child is also entitled to due process even in the case of an emergency removal. They still have a right to an expulsion hearing, no matter what they've been accused of and even if the hearing takes place after the removal.
Will My Child Get a Hearing Before They Get Expelled?
Before a student in an Ohio school can be expelled and sent to an alternative placement program, the student must be granted a hearing. It's possible the expulsion will only last one year and then the student can return to a regular school. In some cases, however, students can be permanently expelled.
In order for a student to be permanently expelled, there must be an adjudication process. Ohio Revised Statutes Section 3301.121 states what this process must look like.
- Notice of adjudication hearing. The school district must provide a notice to the student and their parent or guardian to inform them of the date, time, and location of the hearing. The hearing must be scheduled far enough in advance to allow you and your student to prepare for it adequately.
- Notice of the student's rights during the hearing. You and your child will receive notice of your child's rights—the most important one being your child has the right to legal counsel for the hearing. You also have the right to record the hearing and review any written findings related to the hearing.
- The adjudication hearing. At the hearing itself, the student (or their attorney) has the right to present evidence, testimony, and information to argue against permanent expulsion. They can also ask witnesses to be present, question witnesses, and cross-examine witnesses.
If your child does not attend the hearing, they essentially forfeit their right to defend themselves from the allegations against them. You should contact the superintendent if your child will be unable to attend the hearing on the scheduled date. The school official may be able to move it to another date.
The adjudication process above is only for permanent expulsions, but students facing out-of-school suspensions and non-permanent expulsions still have certain rights. Ohio Revised Statutes 3313.66 states that no student can receive an out-of-school suspension without:
- Written notice of the school district's intention to suspend the student, including the reasons for the suspension
- An informal hearing with the superintendent and other decision-makers so the student has a chance to explain themselves
The hearing usually takes place before placement in an alternative education program. This hearing can determine how long your student must remain outside of regular school programs or what behavioral or academic targets they must meet to fulfill their disciplinary obligation. It is crucial to have legal representation with you at the hearing, even if it's informal. An experienced student defense attorney-advisor can help set the course for your child's academic future.
How Long Can a Student Be Expelled from School in Ohio?
Students in fourth grade and above can be expelled from school for up to 80 days for behavioral issues. They can be expelled for one year if they bring a gun or knife to school, make a bomb threat, or commit a crime that results in physical harm. Students who are 16 and older can be expelled permanently if they are convicted of a serious criminal offense in court.
Schools must notify parents or guardians within one day of the expulsion decision. They must also invite parents and students to a hearing with the superintendent within five days.
Keep in mind that although an expulsion and removal to an alternative education program can be temporary, the chances are high that your student will be sent to an alternative school a second time. Once a student has been expelled one time for behavioral issues, school administrators may not hesitate to do it again.
How Do Alternative Education Programs in Ohio Work?
Most alternative education programs in Ohio are for students who have been suspended or expelled from their regular school. Children have the right to an education in Ohio, so there must be an alternative option for them if their school removes them. Your child may have to attend one of these alternative education programs for the duration of their suspension or expulsion, or until they've met the school board's criteria for readmission.
Each program differs slightly but the main goals are:
- Keeping a disruptive student away from the general population of students
- Helping a student learn to curb disruptive or troublesome behaviors
- Improving the student's academic performance so they can re-enter a regular high school at the same pace as their peers
- Helping a student develop positive habits at school
- Disciplining a child for behavior that violates Ohio law or the school district's code of conduct
- Helping a student obtain their GED or prepare for trade school
When a student gets sent to an alternative program for disciplinary reasons, they may have to fulfill certain requirements before they can be allowed to attend regular school again. These activities could be related to:
- Academic work
- Community service
- Physical activity
- Counseling
- Group activities
- Trade-school coursework
Each alternative school differs slightly in curriculum and how to manage student behavior. While you may find some aspects of an alternative education program positive, remember that your child will almost certainly be treated like a “problem student.”
Do Ohio Alternative Education Programs Have Standards to Follow?
Yes, Ohio alternative schools must follow certain standards set by the board of education according to Ohio Revised Code Section 3313.533. When school boards deny or approve alternative education programs, they consider the following:
- The stated mission of the program and if it aligns with the school board's vision
- The program's grade levels and whether they truly fill an educational need in the area
- The entry criteria for accepting students into the program
- The standards for deciding if students can re-enter the general high school population
- The curriculum
- Other program-specific criteria
The school board in your city, village, or school district ultimately holds a lot of sway over the quality of the alternative education programs in your area.
Can My Child with Disabilities Be Sent to an Alternative Education Program?
Children with disabilities, an Individualized Education Program (IEP), or 504 plan have special rights within the Ohio school system when it comes to suspension and expulsion. Disabled students can still be disciplined, and may be suspended or expelled. However, schools that intend to take disciplinary action against a disabled student that amounts to more than a 10-day suspension must hold a meeting called a Manifestation Determination Review.
At the Manifestation Determination Review, the school will have its special education professionals decide if the child's disability was the cause of the behavior that prompted the disciplinary action. If it was, the child cannot be suspended for more than 10 days in most cases. If the offense involved drugs, weapons, or serious physical injury to another person, then the school is allowed to suspend your child for more than 10 days.
Removal from school, for any length of time, is a serious matter in Ohio schools. If your disabled or special needs child is facing suspension, expulsion, or removal to an alternative school, you should contact a student defense attorney-advisor for assistance.
Will My Child Be Sent to an Alternative Education Program If They Unintentionally Broke the Rules, or Were Just Defending Themselves?
Students who violate school rules unintentionally or when they are defending themselves shouldn't be sent to an alternative education program. It's important to know which offenses could result in a student's expulsion or removal from school.
Under some circumstances, students' actions may not warrant removal to an alternate school:
- A student was defending themselves: Students have the right to defend themselves from physical harm, including on school property. If your child's school tries to expel them for what was self-defense, our Education Law Team can help.
- Difficult home situation: If a student is experiencing homelessness, neglect, or other difficult personal circumstances, kicking them out of school is not a good course of action. The school should resort to other methods, such as counseling, first.
- No prior disciplinary record: A student with no history of disciplinary problems shouldn't be expelled and sent to an alternative school after their first offense.
- A student unintentionally violated the rules: Although students are responsible for knowing the code of conduct at their schools, intent matters when it comes to serious discipline. It should be factored into the process.
There could be other circumstances that warrant leniency from your child's school. Our team can do a full assessment of the situation to help identify those factors and bring them to the school's attention.
Does Alternative Education Have Long-Term Effects on Children?
Placements in alternative learning environments may be temporary, but they can have lasting consequences for your child:
- Behavior stigma: When kids get sent to an alternative school for disciplinary reasons, it labels them with “behavior problems.” They may be treated differently in the alternate school, or their regular school when they're allowed to go back. Being dealt with like a miscreant can significantly affect a child's mental and emotional health, as well as their personal relationships.
- Lower quality of education: When schools put outsized focus on discipline and behavior, academics fall through the cracks. Your child may spend less of their time and energy on learning and advancing in their classes if they attend an alternative education program in Ohio.
- Future reputational harm: Assignment to an alternative high school sits on a student's record forever. It may make getting into a good college or finding employment more difficult.
- Falling behind academically: With lower standards of education, alternative programs can easily let students fall behind their peers in academics. Once a student is let back into a regular school, they may have no hope of catching up.
Alternative education programs can alter your child's career path, put them at risk of worse behavior, and generally lead to a poorer quality of life as an adult. You must take action now to avoid these outcomes. If you want your child's future to remain bright, you should contact a student defense advisor for legal assistance.
Can My Child Appeal Their Expulsion Decision?
Yes, students in Ohio are allowed to appeal an expulsion decision, per Ohio Revised Code Section 3301.121. The process for appealing a permanent exclusion decision involves going to the Court of Common Pleas in your jurisdiction. Going to a court of law for a school appeal may sound intimidating, but our Education Law Team has ample experience with expulsion appeals at this level. We can assist you at every step in the process.
When facing serious disciplinary action from their schools, Ohio students have a right to due process. Ohio Revised Code Section 3313.66 states that your child must receive written notice when the school district wants to suspend them. The notice must include a list of reasons for the suspension and must be sent before the suspension takes place.
If you work with our team on your child's disciplinary removal from their Ohio high school, we'll ensure their rights are protected and that the school uses the due process.
Do I Need an Attorney for My Child's Disciplinary Procedures?
An attorney isn't necessary to deal with your child's disciplinary procedures at school, but having one is certainly recommended. The process isn't taking place in a court of law, but it can still be complex and overwhelming for you and your child. An attorney who understands these complexities can be extremely beneficial.
The major advantages of having an attorney are:
- You have someone on your side who understands the nuances and frequent changes in Ohio education law.
- You can help preserve your child's academic future and chances of succeeding later on in life.
- You have an empathetic guide who not only advises you on the best course of action but also supports you and your child as your struggle through this difficult process.
- Your attorney can stand up for your child's rights with the school district and deal with the district's team of lawyers.
- You don't have the time or the knowledge to defend your child as well as they deserve, so an attorney can do it for you.
Ohio made recent changes to its student disciplinary policies with House Bill 318. It affects who and how Ohio school districts can discipline students. If you're not up to date on the new legislation, you may not be well-equipped to get a favorable outcome at your child's expulsion hearing. The Lento Law Firm Team is fully aware of these changes and ready to devise a defense strategy for your child's discipline procedure.
What Can an Attorney Do for a Student Who Is About to Be Expelled?
Our team handles many student discipline cases, including ones in Ohio. With our experience helping students and parents with suspensions, expulsions, and removals to alternative education programs, we can help you fight for a better outcome for your child.
A student defense legal advisor can:
- Secure evidence relevant to the matter that prompted the disciplinary action as well as evidence demonstrating your child's positive character
- Contact witnesses to testify on your child's behalf
- Accompany you and your child to meetings and hearings and represent your child
- Present evidence and question witnesses during the hearing
- Negotiate with school officials on your child's behalf
Call the Lento Law Firm to Protect Your Child's Future
If your child is facing placement in an alternative education program in Ohio due to disciplinary reasons, contact the Lento Law Firm Team by calling 888-535-3686. We'd be happy to discuss your situation.
