Every parent dreams about their child being successful in school, academically and socially. But we know that we don't all sail through high school collecting As and Bs, signing up for extra credit, starring in the musical, making the winning touchdown, and presiding over the student council. In reality, the teenage years are a time for growth, testing limits, making mistakes, and learning from them. Sadly, some mistakes can have a serious negative impact on a student's future.
Even just one bad decision or day could call for disciplinary consequences – whether suspension, expulsion, and/or an assignment to an alternative school.
Although alternative education programs serve a need in Illinois, helping ensure all students can access educational programs, as is their right, such disciplinary placements can have a deleterious effect on a student.
Families understandably have many questions about what it will mean for their students if they are facing expulsion and being assigned to an alternative program as a result of discipline. We have developed these frequently asked questions and answers for parents and guardians seeking answers. We encourage you to consider consulting a student defense attorney-advisor if you feel you need additional support in this area. A legal advisor with experience defending high school students from disciplinary placements can be of great help to you and your child.
What Do Disciplinary Consequences Look Like in Illinois Schools?
Like many districts across the country, Illinois schools typically begin with a restorative response, if possible, when there is an incident of bad behavior. This approach is popular today because it veers away from removing students from learning opportunities, which is harmful and has been shown to disproportionately impact students of color.
A restorative approach to discipline involves moving away from purely punitive consequences such as suspensions and expulsions and toward discipline that is designed to restore and repair harm. Restorative practices may include mediation, counseling, community service, or restorative circles.
While these approaches are promising, it doesn't mean discipline will not take more traditional forms if warranted. Serious offenses, particularly behaviors that pose a danger to the school community, may result in removal and reassignment. But Illinois schools must exhaust other interventions and determine that the student's presence poses a threat to the school.
Illinois high schools have a variety of disciplinary strategies at their disposal that, in most cases, should be exhausted before moving toward exclusionary practices. These include:
- Teacher-imposed sanctions: Your child's teacher may handle a disruptive outburst, for example, by requiring them to complete additional work or assigning them to work with a different partner or group.
- Detention: Detention is a commonly used strategy when a student's behavior warrants discipline but does not meet the threshold for suspension or expulsion.
- In-school suspension (ISS): In an in-school suspension, a student is removed from their regular coursework and isolated, perhaps in the principal's office or a counselor's office, where they may be required to complete work.
- Disciplinary contract: A disciplinary contract outlines formal goals that a student must work toward in order to have certain privileges restored.
- Out-of-school suspension (OSS): This is a common penalty for more serious offenses such as fighting, frequent disruptions, bringing inappropriate items to school, or using racist or bigoted language. 105 ILCS 5/10-22.6 (b-20) notes that "Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities."
- Fines and tickets: Students can face monetary fines and tickets for bad behavior in school, though this measure is controversial and often hurts the parent more than the child.
What Types of Offenses Can Warrant Serious Consequences?
Schools in Illinois are permitted to exercise some discretion in punishments, but the following behaviors often result in suspension, expulsion, and/or transfer to an alternative education program:
- Possessing a firearm, knife, brass knuckles, or other weapons on school property
- Possessing illegal drugs
- Possessing any other item or substance that poses a danger to others
- Engaging in physical violence with another student, teacher, staffer, security guard, or another party on school grounds
- Engaging in consistent or particularly egregious bullying
- Possessing alcohol on school grounds or being intoxicated on school grounds
- Theft
- Vandalism
- Using school computers for inappropriate means
Keep in mind that false allegations can also trigger a reassignment of your child.
If your student faces disciplinary action related to violence, weapons, drugs, or another serious allegation, Joseph D. Lento and the Lento Law Firm Student Defense Team can help.
Can My Student Be Expelled From Their Illinois High School?
Yes. When restorative approaches don't adequately address a student's behavioral issue, a school can remove a student from the classroom or school.
105 ILCS 5/10-22.6 notes that students found responsible for "gross disobedience" may be investigated, expelled, and "may be immediately transferred to an alternative program."
Illinois Compiled Statutes (ILCS) Sec. 13-43.11 states that the Illinois State Board of Education "shall have the power and the authority to assign to schools within the district and to expel or suspend pupils for disciplinary purposes or to assign or reassign them as the needs of the district or the pupil shall be determined best."
Be sure to consult Joseph D. Lento and the Lento Law Firm Student Defense Team to make the case that the charges your student is facing do not pose a detrimental effect on your school community.
What Behaviors Commonly Result in an Expulsion Referral?
Illinois high schools may expel high school students for a number of reasons. These are specified in each school or district's code of conduct or student policy guide. As an example, the Chicago Public Schools' student code of conduct groups behaviors into six groups, ranging from "inappropriate" behaviors (e.g., running the hall or leaving class without permission) in group one to "illegal and most seriously disrupt" (e.g., making a bomb threat or bringing a weapon to school) in group 6.
A Chicago Public Schools principal can request that a student be assigned to an intervention program as well as request an expulsion hearing beginning with group 5 offenses. Examples include:
- Stalking, harassing, or bullying someone online
- Hacking into the district's network to access student records
- Willful destruction of property
- Participating in a large or disorderly group using force to cause injury
Group 6 behaviors that may result in an expulsion hearing in Chicago Public Schools include:
- Unwanted bodily contact
- Causing or attempting to cause the district's network to become inoperable
- Robbery
- Arson
- Sex acts
- Possessing a weapon on school grounds (a one year expulsion is mandatory for bringing a weapon to school or a school-related event)
- Selling or distributing drugs or alcohol
If your child is facing a potential expulsion, consider enlisting the help of a competent and experienced student defense attorney-advisor.
What If My Child Is Facing Expulsion, But I Believe the Expulsion Is Unwarranted?
Perhaps your child is facing expulsion, but you feel strongly that they are being unfairly punished.
Has your child been truant?
According toIllinois Public Act 100-0810, "no punitive action, including out-of-school suspensions, expulsions or court action, shall be taken against chronic truants for such truancy unless appropriate and available supportive services and other school resources have been provided to the student." It goes against logic to punish a student for missing school by removing them from school entirely, further causing learning losses and alienating them from peers and supportive adults.
Was your student involved in a fight because they were practicing self-defense or standing up for another student?
Schools in Illinois may label two students who fight as "violent." If your child got into a physical altercation while defending someone else, defending themselves, or for other justifiable reasons, this might not be an expellable offense.
Was your student wrongly accused?
Students do get expelled as a result of false allegations. Whether your child was falsely accused of having drugs or alcohol, bringing a weapon to school, or another offense, they deserve a strong defense.
Did the school try other interventions first before making the expulsion referral?
Schools must make reasonable efforts to resolve threats, address disruptions, and minimize a student's exclusion from school, with the exception of bringing a weapon to school, which will result in a mandatory expulsion.
Did a school staff member encourage your student to "drop out"?
This is prohibited. If a staff member made any remarks to your student about dropping out voluntarily because of academic or behavioral difficulties, your student can not be expelled for doing so.
What Should I Do If I Fear My Child Will Be Expelled?
If you become aware of anything that indicates your child will soon face a major disciplinary event at school, we recommend the following:
- Call your child's school right away and get the facts. Learn what has happened and what kind of disciplinary action your child is facing.
- Consult with a student defense attorney-advisor. Once you have the information you need, you can start working with an experienced professional to devise a strategy.
- Talk with your child to see how they are feeling. Ask about recent events that may have made them feel uncomfortable at school, and write down what they say.
- Take pictures and document evidence, including notes from teachers, feedback on homework, or injuries.
- Keep records of communication with school administrators. Take notes on what was said and write down the date the conversation took place.
- Keep hard copies of all letters, emails, or messages you receive from the school, as well as anything you send to the school.
- Find the school's code of conduct and the rules your child has supposedly violated.
Trust attorney Lento and the Lento Law Firm's Student Defense Team to protect and defend your student's rights.
How Long Can My Child Be Expelled from School?
In Illinois, high school students can be expelled from schools generally for a period not exceeding two years. For less serious misbehavior, the expulsion could last the duration of the school year or less.
Are Students Offered a Hearing Before They Get Expelled?
Students will be notified of an opportunity for a hearing, which is an opportunity to bring legal representation and present evidence and witnesses.
Public schools are required to grant students due process when they are being expelled or suspended from school for more than 10 days, per federal law. Due process usually involves a hearing, at which the student (and you, as a parent) can hear what rules the school thinks your child has broken and what the possible next steps are. The school should provide explanations for the charges against your child, cite the parts of the code of conduct that have been supposedly violated, and provide evidence to back up their claims.
How Will I Be Notified My Child Is Being Considered for Expulsion?
Illinois statutes are clear about due process: "Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior."
Who Can Be Present at the Expulsion Hearing?
You should be able to attend this hearing with your child and bring a "representative," or "support person" with you. With an attorney-advisor present, you can negotiate with your school about the disciplinary action the school will take and ensure that the school is actually within its rights to expel your child.
Your advisor can also help you keep accurate records of your documents and evidence. They'll have the experience needed to hold your child's school accountable.
If your child's behavior was caused or influenced by a mental health issue, the school board is required to invite a representative from a local mental health agency to consult with them.
During the expulsion hearing, you may have an attorney-advisor:
- Respond to the allegations against your child
- Present any evidence that contradicts allegations against your child
- Argue that your child is not responsible for the allegations against them and, therefore, should not be expelled
- Present the case that your child has made mistakes but deserves leniency
Following the hearing, you will receive a decision from the board, including the reasoning behind the board's decision. If the board decides to expel your child, then you'll be informed of your right to review the decision.
What Does the School or District Legally Have to Provide My Child if They Are Expelled?
The School Board must give your student an Expulsion Decision in writing that includes the specific reasons that removing them is in the school's best interest, the rationale behind the length of the expulsion, and a description of other interventions that were attempted.
Can My Student Appeal Their School Expulsion?
Parents of children expelled from high school in Illinois have the right to request a review of the decision. Our team can lead the review process on your behalf. Once the school board receives your review notice, you will:
- Receive a date and time to meet with the school board
- Have the chance to defend your child and plead for a reversal of the initial decision
Your attorney-advisor may be able to attend this review meeting with you and your child.
It is essential that you are as prepared as possible for this review process. Having an attorney-advisor organize your case, prepare you, and provide advice can make or break your case—and may ultimately mean the difference between your child remaining in their current school or transferring to an alternative education program.
If you've hired a student defense attorney-advisor, they can put together a compelling argument asking for an appeal and submit it to your school's administrators. You may also be able to appeal more than once, depending on the processes in your district.
Your first appeal will likely be to the school, but if you don't receive the resolution you're seeking, you can look into filing an appeal with your school district's board of education or the Illinois State Board of Education.
Filing appeals shows the school that you understand the seriousness of the situation. Your attorney-advisor can also use the appeal as a foundation for later negotiations. It's possible you may end up filing a lawsuit, and having these appeals on file will help your case.
What Are the Educational Options for a Student Who Has Been Expelled?
Illinois School Code Section 13A-3 called for the establishment of at least one "alternative school education program" per "educational service region." Students may be assigned to an alternative program based mainly on geography.
Illinois wields a great deal of power in determining where your child goes to school, especially if there's a history of problematic behavior. Still, you may be able to save your student from being reassigned to a reform-style program in Illinois.
The language used to refer to students in the statute referenced above is unfortunate and telling. No student should be labeled as an "inmate" because they are enrolled in an alternative school. It's no wonder there is a stigma around these institutions and those they serve.
The state of Illinois generally has the discretion of what type of facility to send your child to. The National Center on Safe Supportive Learning Environments explains that students disciplined by their school district may be required to take their courses in the form of:
- Evening school
- Summer school
- Vocational training courses
- Community college courses (if applicable)
- GED preparation courses
- Work experience courses
The options that the Board of Education considers for your child may be specific to your child's circumstances. Illinois' Regional Safe School Program (RSSP) serves as an example of one type of alternative program your child may be assigned to. Established in 1997, RSSP is "a system of alternative education programs for disruptive students."
RSSP programs are guided by a "set of guidelines" steered towards outcomes like:
- Ensuring regular course attendance
- Reducing disruptive behavior
- Ensuring completion of coursework
- Moving the student toward graduation
While RSSP and other alternative education options in Illinois may have positive results for certain students, that doesn't necessarily mean it's right for your child. Enrollment in an alternative education program may leave a lasting mark on your child's educational record, potentially hurting their chances of being accepted into a reputable university.
Does Disciplinary Alternative Education Have Downsides for My Student?
The Transforming School Discipline Collaborative (TSDC) is an organization that has been vocal about the deficiencies in Illinois' educational policies. It notes that Illinois' tendency to suspend or expel students and place them in alternative educational programs is quantifiably damaging: These policies reduce the chances that a disciplined student will graduate, let alone attend a post-secondary institution.
There are also practical consequences of enrolling in an alternative education program in Illinois. These include:
- Stigma: Your child may feel stigmatized for having to leave their current school and attend an alternative program, potentially leading to a lack of self-esteem. This is exactly what your child does not need at a time in their life when they are already struggling. Students need to know that they can make mistakes and then make up for those mistakes and move on. Other students, families, staff, and future employers or universities may perceive your child (fairly or not) as a "troubled" child. When students are treated like criminals, their self-confidence suffers. It's not uncommon for kids who have gone through an alternative education program to enter the juvenile justice system as well. Attending an alternate high school with fewer resources can feed into the school-to-prison pipeline.
- Fewer chances for attending college: It's not true in every case, but some colleges and universities rate students who must attend an alternative education program rather than graduating from regular public high school lower.
- More limited career options and opportunities: It follows that fewer options for higher education can result in fewer opportunities for careers.
- A diminished quality of life: Between having fewer educational opportunities and possibly being relegated to lower-paying careers, an expulsion and assignment to an alternative school could diminish your child's quality of life.
These effects may impact your child years after they attend the alternative education program. As a parent or guardian, we know you want to do everything in your power to help your child avoid these short- and long-term consequences. Consider consulting with a legal advisor such as Joseph D. Lento and his Student Defense Team.
Can My Child Be Sent to Alternative Education in Illinois More Than Once?
Yes, students can have more than one disciplinary placement in Illinois high schools. There is already a chronic shortage of qualified teachers throughout Illinois and nationwide. Alternative programs are not immune to these issues.
What's more, at the end of the placement, if a student returns to their former high school, they may have difficulty catching up. Trouble in the classroom puts more stress on a student, which can eventually lead to more behavior problems.
Can Expelled Students Go to College in Illinois?
Yes, a student may still be able to be admitted to a college or university after attending an alternative program. But keep in mind an expulsion will not look favorable on their record. Most schools will also look closely at the circumstances of the expulsion and may admit a student who was expelled for a serious offense.
Can an Attorney Help with a High School Expulsion?
While an appeal may be your student's best chance at overturning an Illinois disciplinary placement, you don't need to attempt that appeal on your own or without skilled and experienced school discipline defense attorney-advisor representation. An appeal requires a strategic approach to presenting evidence and arguments, which is logical considering an appeal happens only after a student has been unsuccessful in their hearing.
An appeal needs to demonstrate convincing grounds that would reverse the school board's decision. It may not be prudent to trust your student's appeal to a local criminal defense attorney or civil litigator without academic administrative experience. National school discipline defense attorney Joseph D. Lento and the Student Defense Team have the skills and discernment for a winning appeal.
Get the Help You Need to Deal with a High School Disciplinary Placement in Illinois
For years, Attorney Joseph D. Lento and the Education Law Team at the Lento Law Firm have helped students across the country navigate disciplinary matters. They understand that you and your student may be going through a challenging time and can provide advice. Don't let a mistake or misunderstanding come between your child and their success in school.
The Lento Law Firm is a premier national education law firm serving students and their families. They are passionate and experienced advocates who will protect your or your student's rights. Call 888-535-3686 for a consultation now, or use the online service.
