FAQs: Expulsion and Alternative Education Disruptive Youth in Pennsylvania Schools

Parents naturally want the best for their kids when it comes to their education. As much as you want them to succeed, though, sometimes kids have problems at school. They might get caught in a bad situation that results in serious disciplinary action, like suspension or expulsion. When a student gets expelled in Pennsylvania, they may very likely end up in an alternative education program. These programs are meant to rehabilitate students with behavior issues, but being placed in one of these alternative schools for disciplinary reasons can have damaging long-term effects.

We asked and answered all your questions about students getting expelled and sent to alternative schools in Pennsylvania. If your child is facing placement in one of these programs, you should consider consulting a student defense attorney.

What Is Pennsylvania's Alternative Education Disruptive Youth Program?

The Alternative Education Disruptive Youth (AEDY) program allows Pennsylvania schools to send students to alternative schools for disciplinary reasons. When a student gets expelled from their school or must be removed from their school for behavior that violates the Pennsylvania School Code, they typically must be sent to an AEDY program before returning to a regular school.

Placements in AEDY schools are only supposed to last about 45 days. Unfortunately, many students who get placed in alternative education programs for discipline end up staying for much longer. They may also get sent to an AEDY program more than once throughout their school career.

Some important things to keep in mind concerning AEDY programs are:

• AEDY schools are for middle and high school students. If your child gets expelled from elementary school, you may have to seek out other educational options.
• Many of Pennsylvania's AEDY programs are private, and parents are responsible for the costs. This can put a heavy financial burden on families that previously sent their children to a public school.
• The goal of enrolling a student in an AEDY school is to eventually send them back to their original school. Their original school may not agree with this plan, however.

AEDY programs are approved education programs by Pennsylvania, but that doesn't mean your student will have access to the same standard of education as their original school. If your child is facing expulsion and removal to an AEDY program, you should both fight for their right to stay at their regular school.

What Procedures Does a PA School Have to Follow to Suspend a Student?

If a Pennsylvania school wants to suspend a student for more than three consecutive days, the school must provide the student with an informal hearing. Both the student and their parent or guardian must also receive written notice of the proposed suspension. They also have to have adequate advance notice for the date, place, and time of the suspension hearing.

At the hearing, the student or their attorney may cross-examine any witnesses who are present at the hearing and give testimony. The student or their attorney may also speak during the hearing, as well as present evidence and question their own witnesses.

The same hearing rules apply for in-school suspensions, but only if the in-school suspension is to last ten consecutive days or more. Also, students must be allowed to make up work or exams they missed during the suspension, according to the school board's guidelines.

What Procedures Does a PA School Have to Follow to Expel a Student?

If a school wants to exclude a student from school for more than ten consecutive days, it is no longer considered a suspension; it's an expulsion. To expel any student, the school district must provide the student with a formal hearing. Students also have the following rights if they are facing expulsion in Pennsylvania:

• Representation by an attorney
• Obtaining the names of witnesses against the student and copies of their written statements
• Requesting that witnesses against the student attend the hearing in person to answer questions or be cross-examined
• Speaking and presenting witnesses or evidence during the hearing
• Having the hearing recorded
• Having a hearing within a reasonable timeframe
• Having a public hearing if requested; hearings are private otherwise
• Appealing a decision against the student in court

Do Expelled Students in PA Have a Right to Education?

Yes, all students under age 17 have a right to education in Pennsylvania, even if they've been expelled from their previous school. The responsibility to provide an education falls on the parent's shoulders, however, after a student has been expelled. Parents must seek out other options, such as placement in AEDY, hiring a tutor, or setting up an alternative education program that is approved by the school district's superintendent.

Although parents must take up this responsibility, they can provide evidence to the school district stating that they are unable to arrange an alternate education program for their expelled student. In this case, the school district must step in.

Will My Child Get a Hearing Before Being Expelled from School in PA?

Pennsylvania school districts are required by law to give students a hearing before being expelled and sent to AEDY. Ideally, the hearing takes place before placement in the program. However, according to the Pennsylvania School Code, students can be removed from their regular school immediately if they are considered a danger to other people or an ongoing threat of disrupting the academic process. Even if your child experiences an emergency removal from school, they still have a right to a hearing after the fact.

Can My Student Appeal Their Expulsion?

Yes, students in Pennsylvania are allowed to appeal school discipline decisions, including expulsions exceeding ten days. 2 Pa.C.S.A. § 555 states that expulsion appeals must be filed within 30 days from the entry of the expulsion decision. You have to file the appeal in a court of law, typically in the local court of common pleas. After the court of common pleas, the appeal may go on to the Commonwealth Court, and then to the Pennsylvania Supreme Court.

If you want to appeal an expulsion from your child's school, it's recommended that you work with a knowledgeable student defense attorney. You and your student should have the chance to attend a hearing before the expulsion is final, and your attorney can represent your child during the hearing as well. If the decision is not in the student's favor, you and your attorney can begin work on appealing it.

What Are the Requirements for Sending a Child to AEDY in PA?

Per 24 P.S. § 19-1902-C(5), students in Pennsylvania must only be sent to an AEDY program as a last resort. They may only be placed in an alternative education program if they meet one of the following criteria:

• They pose a clear threat to the safety and welfare of other students and staff.
• They create an unsafe school environment.
• Their behavior materially interferes with the learning of other students or disrupts the overall educational process.

In addition to meeting one of the above criteria, the student must also be considered “disruptive” per Article XIX-C, Act 30 of 1997 of the Pennsylvania School Code. A student is considered disruptive and, therefore, eligible to be removed to an alternative education program if they exhibit any or all of the following conditions:

• Disregard for school authority, including persistent violation of school policy and rules
• Display or use of controlled substances on school property or during school-affiliated activities
• Violent or threatening behavior on school property or during school-affiliated activities
• Possessing a weapon on school property
• Committing a criminal act on school property or during school-affiliated activities
• Misconduct that would merit suspension or expulsion under school policy

Although the Pennsylvania School Code has specific requirements for sending children to AEDY programs, it can, in some way, still be up to the school. The last criterion for being considered disruptive is simply misconduct that merits suspension or expulsion under the school's policy. This criterion gives schools an enormous amount of leeway. It also potentially allows for students to get sent to an alternative high school if their behavior would normally get them a suspension—which is hardly fair for the student.

Can AEDY Programs Use Physical Restraint?

Yes, AEDY programs in Pennsylvania are allowed to use physical restraints on students if they follow the proper guidelines. Programs that use physical restraints must:

• Only use physical restraints as a last resort, after less restrictive measures have been tried
• Adjust the physical restraint policy for students with disabilities in compliance with federal and state laws
• Ensure physical restraints are only used by staff trained to use such restraints
• Ensure the use of restraints is not discriminatory on the basis of disability and does not violate state laws that prohibit the use of corporal punishment
• Report the use of restraints on students with Individual Education Programs (IEPs) to the Bureau of Special Education
• Maintain a log of restraints used

What Are Alternative Education Programs in PA Required to Do?

AEDY programs in Pennsylvania must be designed to serve students' academic and behavioral needs. To that end, the Pennsylvania School Code and Department of Education set forth guidelines and responsibilities for AEDY programs to be approved and to maintain their status.

Some of the responsibilities of AEDY programs in Pennsylvania, per the School Code, include:

• The program is developed in consultation with the faculty and staff of the school, parents, and members of the community.
• The program has clear policies for identifying students who are eligible for placement.
• The school personnel working in the program must have at least a Level I or Level II Pennsylvania certificate.
• The program must design a curriculum that takes into account the students' special needs and prepares them for a successful return to a regular school curriculum or the completion of graduation requirements.
• The program is only used when other established methods of discipline have been exhausted.
• The program must determine the scope, type, and severity of student disruption for program eligibility.
• The program must describe the details of the educational program, including the number of days and hours of instruction, how students will make academic progress, and how students will meet graduation requirements.

Although these alternative education programs must create and maintain certain academic and behavioral standards, it doesn't always happen in practice. Pulling a student from their normal high school environment and placing them in an AEDY program can have far-reaching consequences for the student's academic progress and emotional well-being.

Are AEDY Programs as Good as Regular High School?

If you learn that your child is to be placed in an alternative education program in Pennsylvania, you may not feel worried at first. Alternative education has become much more popular since the COVID-19 pandemic, so the program your child is going to could be just as good as their regular school.

When it comes to AEDY in Pennsylvania, however, that's not always the case. Getting sent to AEDY for disciplinary purposes can have long-term consequences for your child.

Some of the more serious effects of getting sent to alternative programs for disciplinary reasons include:

• Lower standards of education. AEDY programs focus on reforming students' behavior so they're no longer considered disruptive and able to return to their regular academic community. When time and resources are spent on behavior, it means that academics get less attention. The quality of education in AEDY may not be the highest possible.
• Disruption to routine. Having to switch schools and commute to a different location every day can put stress on young people. If the AEDY program is further away from your home than the student's previous school, it disrupts their routine and may even discourage them from attending regularly. Having to learn new procedures while also maintaining good grades is a lot of pressure for students.
• Misconduct stigma. Generally, students are only sent to alternative schools for severe misconduct. However, a student who has repeated, less-severe infractions may end up being sent to an alternative education program as well. These students get labeled as “disruptive” and must attend a school that could put too much focus on their misconduct. This sort of stigma can be hard to shake if it's assigned at such a young age.
• Repeat placements. Once a student is sent to AEDY once, it's highly likely they'll be sent again. Trying to transition back to regular school after spending a few months in AEDY can be rough, and students may fall behind or get in trouble again. After a student has been sent to an alternative program once, school officials won't hesitate to send them again.

What Are My Options if Your Child Is Placed in AEDY?

As soon as you find out that your child could be facing expulsion or placement in an AEDY program, you should contact a student defense attorney. They will have the experience necessary to negotiate with your school as well as provide you with guidance on how to handle your situation.

Before your child is placed in an alternate school for discipline, make sure you ask for and go to a hearing with your child's school:

• Exercise your right to a hearing with your student's school before they get placed in an alternative program.
• During the hearing, provide evidence as to why your child should not be placed in AEDY. This evidence can include pieces of information to support your child's side of the story, like witness statements or character references from teachers and counselors.
• If the AEDY your child is about to be sent to doesn't meet state requirements for education, demonstrate this fact during the hearing.
• Bring an attorney with you to the hearing with your child's school. The attorney can help you negotiate and present your arguments.
• If your child had an emergency placement and there was no time to hold a hearing, request one. The school must still provide one after the fact.

After your student has been placed in AEDY, you can try to do the following:

• With the school, come up with a clearly defined list of goals for your child to achieve while they are in the program.
• Note anything outside the norm that your child experiences at the alternative program, such as not receiving 20 hours of instruction per week or no access to counseling. You can use these notes as evidence that the AEDY program is not sufficient for educational purposes.
• Continue to work with your student defense attorney to ensure your child doesn't stay in the program any longer than absolutely necessary.

Can I File a Complaint About an AEDY Program?

If your child has been placed in an alternative education program in Pennsylvania for disciplinary reasons and you feel it's unwarranted, you can challenge the decision. The best way to do this is by filing a complaint—with either the AEDY program or the school that's sending your child to AEDY.

A student defense attorney can help you draft and file the complaint. They should be familiar with the process and know what to include in the complaint. After you have submitted a first complaint, you should also consider filing a second one with the Pennsylvania Department of Education.

It's possible that submitting complaints won't lead to a resolution, but you should still do it anyway. It shows the school district that you're serious about opposing their decision. Having formal complaints on file is also a good basis for filing a lawsuit later on if it comes to that. For now, have your attorney speak with the district's general counsel and try to negotiate a better outcome for your child.

If submitting complaints and negotiating don't end up working out in your favor, you can discuss the next steps with your attorney.

What Should I Do if My Child Has Disciplinary Issues at High School?

An AEDY placement process can escalate quickly. One day you hear about troubles your kid is having at school, and the next, they're branded as “disruptive” and kicked out of school. As soon as you learn about any potential disciplinary issues involving your child at school, you should take action.

1. Call the school to get more information. Get your information directly from the school's administration. Ask exactly what's going on and take notes on everything they say.
2. Call a student defense attorney. As soon as you have a clearer picture of what's going on at school, contact a defense attorney. Even if the school told you it's “not a big deal,” you should be prepared.
3. Talk with your child. Get the whole story of what happened from your child and ask if there's anything at school that's made them feel uncomfortable. Take notes.
4. Start logging evidence. Keep documents, correspondence, emails, social media posts, and anything else that seems relevant. Log the date and time of all your phone calls with the school.
5. Find and download a copy of the school's code of conduct. Locate a copy of the school's code of conduct online and save a copy for later. Then, ask your student defense attorney to go over it with you to see which rules your child has allegedly broken.

When you take an active stance on your child's disciplinary issues at school, you stand a better chance of avoiding their placement in AEDY.

Get the Help of a Student Defense Attorney in Pennsylvania

When your child is facing expulsion, they're not in trouble with the law, but it's still highly recommended to have an attorney. A lawyer who specializes in student defense issues can help you gather evidence to argue in your child's favor, attend the expulsion hearing with you, and provide you with guidance at each step of the process.

For years, LLF Law Firm and the Education Law Team have helped countless students nationwide with disciplinary matters at their schools. You and your child are having a difficult time, and we can provide the support and guidance you need. Don't let a misunderstanding ruin your child's education. Contact the LLF Law Firm at 888-535-3686 for assistance and more information about your situation.