No parent sends their child to high school thinking they'll end up in big trouble. You have dreams of your child succeeding, graduating on time, and then moving on to either a career or higher education afterward. Unfortunately, some students get caught in tricky situations, and they end up with a disciplinary record from high school. For what seems like ordinary school misconduct, a student in a public high school in Arkansas can get expelled or sent to an alternative education program.
Your goal should be to prevent your child from attending an alternate learning environment as much as possible. These programs can have lasting effects on your student that may make it harder for them in the future. We've answered all your questions about disciplinary placement in Arkansas high schools so you know what to expect if your child gets in serious trouble.
What Is Disciplinary Alternative Education in Arkansas?
In Arkansas, all school districts must provide an alternative learning environment. This program may cater to children with special needs and disabilities, but it may also be an educational option for kids who have supposed problems with behavior and misconduct. When a student is deemed too "unruly" or "disruptive" for their regular school, they may be suspended or expelled and sent to an alternative program.
Although the intention behind a referral to an alternative learning environment isn't always punitive, it's likely you and your student will feel that way. Being removed from your regular school and sent to another is an exclusionary measure. It's hard for kids and teens not to feel like they've done something wrong when they're isolated from their peers in this way.
Arkansas has many alternative learning programs throughout the state. Some are well-staffed and provide a positive experience for their students. Others are underfunded and understaffed and leave a negative impact on students and their overall education.
If your child is about to be sent to an alternative education program in Arkansas, you shouldn't assume that it's for the best and that their assigned program will be beneficial for them. While some programs are acceptable, you can't take the risk that your district's alternative learning environment is one of the neglected ones in the state. You should act quickly to prevent your student from being sent to an alternative education program.
What Rules Do Disciplinary Alternative Education Programs in Arkansas Have to Follow?
Each alternative learning environment in Arkansas must meet a set of standards. They must re-submit a description of their program, including goals for student learning, every three years for re-approval.
Some of the rules these programs must follow include:
- Assessing every student before they enter the alternative learning environment
- Providing intervention services that address each student's specific educational or behavioral needs
- Providing intervention services that are not punitive in nature
- At least one alternative learning environment in each school district in Arkansas
- Partnering with state-supported institutions of higher education and technical institutes to provide concurrent courses for students in grades 8-12
- Mandatory reporting on the student population in the alternative learning environment once per year
Although Arkansas law (Title 6, Subtitle 3, Chapter 48) states that alternative education programs should not use punitive measures to correct student behavior, students can still feel like they're being punished when they're sent to alternative programs. Getting sent away from their regular school for any period of time can be detrimental not only to their learning but also to their mental and emotional health.
What Type of Discipline Do Arkansas Schools Use?
Arkansas schools use exclusionary discipline, such as suspensions and expulsions. According to the organization Arkansas Advocates, the state has one of the highest rates of school exclusionary discipline in the country. Arkansas is also one of only 19 states that still use corporal punishment.
The specific methods of discipline may vary by the school district, but some of the most common disciplinary actions Arkansas students might face include:
- Warning or reprimand from a teacher
- Removal from the classroom by a teacher
- Extra assignment
- Detention
- In-school suspension
- Out-of-school suspension
- Expulsion
Can High School Students Be Expelled in Arkansas?
Yes, students in grades 6-12 in Arkansas can be expelled if they violate the school district's written policies. The Arkansas State Board of Education has a rule stating that any student who is expelled from a public school in Arkansas must be provided with either digital learning courses or alternative educational courses to fulfill their academic credit requirements. If your child gets expelled from their public school, therefore, they are entitled to another educational option.
Keep in mind that any school district may prohibit students from enrolling in their schools if that student is expelled from another district. This prohibition can only last as long as the expulsion period. If your student was expelled from their regular high school for a period of one year and you are considering transferring to another district so your child doesn't have to do an alternative program, check to see if the other district has a rule in place about expelled students.
What Happens to Students Who Get Expelled in Arkansas?
Students who get expelled from Arkansas public schools may have to go to an alternative education program. Every school district in the state is required to have one of these alternative learning environments. Students who are to be removed from their regular school for more than ten consecutive days may have to attend one of these programs. While it may be possible for an expelled student to transfer to a regular school in another district, not all districts allow expelled students to transfer in until the expulsion period is over.
These alternative programs are generally designed for students who:
- Have shown a pattern of disruptive or dangerous behavioral issues in their regular school setting
- Have dropped out of school or skipped school more than their regular school allows
- Have failed to keep up with the academic standards at their regular schools
Most of the time, a referral to an alternative program comes as the result of a disciplinary process at your child's regular school. For example, if your school principal deems that your child is too disruptive in the classroom and wants to expel them from school, there should be a hearing that takes place before the expulsion is final. You and the principal should also discuss the referral to an alternate program to determine the length of the expulsion and if your student must meet other requirements before they can be readmitted to a regular school again.
Although you and your child should be consulted before the expulsion takes place, schools do have the right to do emergency removals. If school officials consider your child's presence at school to be a danger to their peers or faculty and staff, they can remove your child from the school immediately. Neither you nor your child would receive much notice about the removal in this case. Even if a school does an emergency removal, however, you and your child are still entitled to a hearing after the fact. Federal law dictates that students always have the right to know what rules they have allegedly violated when a school wants to exclude them from classes for more than ten days.
Whatever situation you're in, you should consult with a student defense attorney-advisor as soon as you learn that your child may have to go to an alternative education program.
How Does a Student Get Sent to Disciplinary Alternative Education in Arkansas?
Actions that may trigger a student's removal from school depend largely upon the rules in each school district. Arkansas Administrative Rules 005.15.022 leaves it up to each district, saying that "School district discipline policies shall include provisions for placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a handicapping condition in an alternative learning environment provided by the district."
To know which actions may result in the removal to an alternate learning environment for your student, you should consult the discipline policies for your district and your child's school.
Although it differs by school, some of the most commonly cited behaviors that could result in exclusionary discipline or removal to an alternative program are:
- Alcohol use
- Controlled substance use
- Bringing a weapon to school
- Bullying or cyberbullying
- Misusing a school computer or school technology
- Vandalizing school property
- Assault on another student, teacher, or staff member at school
In addition to listing the types of behavior that result in disciplinary action, your school district's conduct policies should also list the punishments that result from these behaviors. Some of the most common are:
- Expulsion
- Detention
- Referral to an alternative program
- In-school suspension
- Out-of-school suspension
- Loss of student privileges
- Mandatory behavioral contract
- Community service
Some behaviors (and their consequences) are more severe than others. Schools generally suspend or expel students that are found responsible for more serious offenses. Students may even be sent to alternative education, at least temporarily. Some schools resort to exclusionary punishments more readily than others, and if that's the case at your child's school, an alternative learning environment may be the only option.
When Are Arkansas Schools Required to Expel Students?
Arkansas schools are required to recommend expulsion for any student that brings a firearm or other prohibited weapon to school. The expulsion must last for one year. The Arkansas Code Section 6-18-507 also requires all school districts to have a written policy about expelling students who possess a firearm on school grounds. However, the superintendent can modify the expulsion, such as shortening the duration, on a case-by-case basis.
If a student gets expelled for bringing a gun or weapon to school, it goes on their permanent record. The student's name, address, and Social Security number also go into a district-wide registry which any school principal in the state can access.
Can My Student Get Expelled for Bringing a Gun to School in Arkansas?
Yes. Bringing a gun or other prohibited weapon to school is one of the only offenses that results almost automatically in expulsion in Arkansas schools. Although the school district's superintendent may modify the terms of the expulsion based on the particular situation, it is almost certain that your child will be expelled from their school if they are found with a weapon at school.
Each district has its own policy concerning firearms and weapons at school, including which weapons are considered "prohibited" apart from guns. Little Rock School District, for example, lists the following as weapons:
- Any firearm
- Knife
- Razor
- Ice pick
- Dirk
- Box cutter
- Nun chucks
- Pepper spray
- Mace or other noxious spray
- Explosive
- Taser or other device that uses electrical current to cause neuromuscular incapacitation
- Any other instrument or substance capable of causing bodily harm
Any Little Rock School District student found on school grounds with these weapons in their possession may be subject to automatic expulsion by their school. According to the district's handbook, "possession" is having the weapon on the student's body or in an area under their control.
It's crucial that you and your student read your district's handbook to understand the behavior and discipline policies. Simply not knowing the rules may not be a strong enough defense if your student is found with a prohibited weapon at school.
A student defense attorney-advisor can help you and your child understand the rules and ensure that the school provides due process during the disciplinary procedures. They can also help you understand the charges your student is facing to determine if they are legitimate according to the district policy or if the school is taking too much liberty with its punishment of your child.
What Are the Downsides of Disciplinary Alternative Education Programs in Arkansas?
Some Arkansas alternative education programs may offer the appropriate support for students, but they're certainly not the ideal option for everyone. Alternative learning environments are overseen by the government, so they have a responsibility to provide adequate educational resources.
Unfortunately, not all programs have the resources to deliver the standard of education you and your child might be used to at their regular high school. In general, you should avoid having your child sent to one of these programs as they raise several concerns.
Criminalization of School Misconduct
Most parents think that infractions at school should be handled at the school—not outsourced to an alternative learning program. Your child's teachers, principal, and peers will understand them and the situation better than in an alternate environment your child has never set foot in. Excluding a student from their regular classes and sending them off to a different program may make them feel like a criminal when in reality, they only broke school rules.
Inability to Keep Up with Peers
When young people have a huge shift in their routine, it can have a major impact on all areas of their lives. Switching schools is one such big change. Rather than focusing on their grades, students spend their energy simply trying to adapt to their new circumstances, and they end up falling behind. If your student gets sent to an alternative program and ultimately is allowed to return to their regular school, they might not be in the same place academically as their peers.
Unexpected Logistical Issues
All school districts are required to have an alternative education program, but there's no law dictating how many they need. As long as a district has at least one, they fulfill the legal requirement. If your child gets assigned to an alternative learning environment, it may mean a longer commute to school. It could upend your family's routine just so you can ensure your student gets to where they need to be on time. Having to travel further to get to school every day can result in lower attendance, despite your family's best efforts. Lower attendance can mean falling behind even further.
High Recurrence Rate
In most cases, students in Arkansas are sent to alternative learning programs temporarily and re-enter their regular schools after a determined period of time. It's likely, therefore, that your student can go back to their normal school. However, the rate of recurrence for alternative education programs is high. They may end up back in the same program a second or even a third time. The school administration will be quick to judge your child's behavior as "misconduct" now that your kid has a disciplinary record.
Since referral to an alternative learning environment was their punishment last time, why wouldn't school officials resort to that a second time? Getting sent back to alternative learning programs can mean delayed progress toward graduation, poor mental health outcomes for your child, and difficulty applying to colleges or jobs after high school.
These reasons are only a few among many as to why you should avoid sending your child to an alternative education program. The negative effect can be long-lasting, and it may be difficult for your child to recover. If your student is facing a referral to an alternative program, you should do everything you can to stop it from happening.
Can Students Appeal an Alternative Education Referral in Arkansas?
Yes, you should be able to appeal the decision to send your student to an alternative education program in Arkansas. Each district should have a process in place allowing students and parents to file formal appeals for serious disciplinary action, such as expulsion and referral to alternate learning.
Although the process might vary, you'll most likely have to work quickly if you want your appeal to go through. As soon as you receive notice of the decision, contact your student defense attorney-advisor so you can work together on creating an appeal. They'll be able to help you search through your student's code of conduct or work on finding a precedent to support your arguments.
Typically, the appeals process resembles the following:
- You and your student receive notice of the decision, and you disagree with it.
- You have about 7-10 days to write an appeal.
- You submit the written appeal to the school's administration, the school district, or the superintendent.
- The relevant school officials review your appeal, which could take 30 days or more. Some districts will put a hold on the student's punishment until the appeal is resolved—meaning your child may be able to stay in their normal school while it's ongoing.
- A final decision is made on the appeal. If you still disagree with the decision, your next option might be filing a formal complaint with the district or even pursuing litigation. Your attorney-advisor can help you understand your options.
Even if your student is sent to an alternate program as part of an emergency removal, you still have the right to appeal. It's important that you keep a detailed log of every interaction you and your child have with school officials concerning the matter. Also, save all your correspondence with the school. This type of documentation will be important both for the expulsion hearing and the appeal.
Can a Student Defense Legal Team Help Students Sent to Alternative Education in Arkansas?
When you're dealing with the stress of your child's disciplinary situation at school, what can a Student Defense legal team do to help? By hiring a professional, you can get your child's school to take you more seriously. You can also ensure that the school follows its own policies concerning discipline. You can also have them negotiate with your kid's school to try and reach a more favorable solution for your family.
The Lento Law Firm Student Defense Team can help you protect your child's academic future. We've assisted families all over the country with student disciplinary matters, and we understand how difficult this process must be for you. If you're interested in learning more about how the Lento Law Firm can help you, call 888-535-3686 or contact us online.
