FAQs: Expulsion and Disciplinary Placement in Indiana High Schools

Parents want their children to grow up to be successful in all their life's pursuits. That usually begins with a strong and positive educational foundation culminating in a high school diploma.

But even students with the best intentions can be thrown off course if they get involved with the wrong people or wind up in the wrong place at the wrong time. And when these actions happen on school grounds, they can spell trouble for the student. Schools in Indiana may take disciplinary action, and sometimes the punishment can be severe, resulting in suspension or expulsion and possible placement in an alternative school.

Expelled students in Indiana may also lose their driving privileges or their ability to get a driver's license, have their work permit taken away, or face a juvenile delinquency petition in court. They may even end up in an alternative school. Being placed in an alternative disciplinary education environment can have life-altering consequences for your teenager.

According to a recent university study, more than one-third of students who entered alternative schools were there because they were disruptive at their previous school, and another third were failing academically. One-fifth of those students had dropped out of school or were on the verge of doing so.

If your child is facing disciplinary action you believe they didn't commit or you feel the punishment is too harsh for the misdeed, you should seek the advice of an experienced attorney-advisor.

What Type of Discipline Do Indiana Schools Use?

Each school district in Indiana is responsible for creating its own code of conduct that lists the prohibited behavior and its consequences. Schools should share their codes of conduct with students. You and your student should read through this policy at the beginning of the school year.

If your child faces school discipline, this document will be your first line of defense. Your second line is an experienced attorney-advisor. An advisor-attorney can review the school's policy to determine if the school is following its own rules regarding discipline.

Indiana schools typically prohibit behaviors such as the following:

• assault, battery, and other violent acts injuring or threatening others;
• bullying, cyberbullying, discrimination, or harassment of another student;
• sexual assault or sexual harassment;
• plagiarism, cheating, and other academic dishonesty;
• disrupting the classroom environment or school activities;
• other acts of insubordination toward school officials;
• endangering students, teachers, and others;
• violating student's religious and other freedom rights;
• violations of the school dress code;
• drugs, alcohol, or other illegal substances on school grounds;
• misuse of the internet and computer technology;
• misuse of personal electronic devices like sexting;
• trespassing and unauthorized use of school facilities;
• damaging school property and equipment;
• theft, misuse, or destruction of another's property;
• arson and misuse of fire alarms or equipment;
• possession of fireworks or explosives on school grounds;
• obscenity or pornography on school grounds;
• gang or other group activity coercing property or behavior;
• other criminal activity on school grounds; and
• excessive absences and tardiness.

While codes of conduct may vary slightly depending on the school or school district, they must follow the state's rules when it comes to suspension, expulsion, and the placement of a student in an alternative learning program.

What's the Difference Between Suspension and Expulsion in Indiana?

A suspension is the temporary removal of a student from school. Suspensions can only last up to 10 days.

An expulsion is the permanent removal of a student from a particular school. Expulsions can last until the end of the school year or up to a full calendar year for state-mandated offenses.

Can High School Students Be Expelled in Indiana?

According to Indiana Department of Education statistics, Indiana public schools issued in-school suspensions to nearly 4% of its students, and out-of-school suspensions to more than 5%, during the 2019-2020 school year. In Indiana, school principals or someone designated by the principal can expel students for behaviors such as:

• Assaulting a student
• Assaulting a teacher
• Bringing a weapon to school
• Bullying
• Cyberbullying
• Drug and alcohol use
• Theft
• Vandalism
• Computer misuse

Indiana schools can carry out a variety of lesser punishments than expulsion, including:

• Loss of classroom privileges
• Signing a behavior contract
• Detention
• In-school suspension
• Exclusion from the regular classroom
• Community service
• Out-of-school suspension
• Removal to an alternative school

Expulsion is the harshest form of punishment a public school can hand out. Schools usually reserve this punishment for the most serious offenses.

What Happens to Expelled High School Students in Indiana?

If an Indiana high school principal decides that a student's behavior is dangerous or disruptive to others, the principal must inform the student about their alleged offense, question them about it, and give the student the opportunity to explain what happened.

If the principal decides to suspend or expel the student, the principal must notify the student's parent or guardian, explain the situation, and inform them of the disciplinary action the child is facing.

Expulsion is the most serious disciplinary action a school can take. If a school expels a student, the principal may require the student to attend an alternative school.

Federal laws require schools to give students the right to a fair hearing before they are expelled. The process varies from state to state and district to district. In Indiana, this process should include an opportunity for both the school and your student to tell their side of the story. An experienced attorney-advisor can help you build a strong case if you believe your child didn't commit the alleged misconduct or the punishment is harsher than the transgression prescribes.

How Does a Student Get Sent to Alternative Education in Indiana?

Under Indiana Code 20-30-8-10, a high school may only place a student in an alternative education program if they meet at least one of the following criteria:

• the student intends to withdraw or has already withdrawn from the high school, effectively as a dropout;
• the student has failed to comply academically, meaning that the student is failing or has failed, and would benefit from alternative instruction not available in a traditional high school;
• the student is a parent or expectant parent who is unable to regularly attend the traditional high school program because of physical needs or parenting duties;
• the student is employed, the employment is necessary for the support of the student or the student's immediate family, and the employment interferes with the student's instruction; or
• the student is disruptive as the school discerns and defines behaviors for orderly learning.

According to Indiana code, high school principals must send students expelled for disruptive behavior to an alternative school. That means the principal must prove the student's disruptive behavior and that the misconduct warrants expulsion.

However, expulsion should be the last option in disciplining students as it is the harshest punishment a school can give. Unfortunately, that's not always the case in Indiana schools. Parents should seriously consider the right to appeal disciplinary actions that don't align with the severity of the student's transgression.

Will My Student Get Expelled for Bringing a Gun to School in Indiana?

According to Indiana school safety laws, students who bring a deadly weapon to school or onto school property, or possess a deadly weapon on school property, may be expelled for up to one calendar year.

How Many Alternative Education Programs Are There in Indiana?

Indiana boards of education establish alternative schools for students expelled due to disciplinary reasons. There are currently 192 alternative schools in Indiana designed to meet the needs of public-school students in grades 6-12 who have not been successful in the traditional setting.

How Long Do Indiana Expulsions or Disciplinary Placements Last?

Expulsions and disciplinary placement in an alternative school can last from 11 days to the end of the school year up to one full calendar year for more serious offenses.

Will My Student Have a Hearing Before They Get Expelled?

Federal laws state that students have a right to a fair hearing before being expelled. That means schools must notify the child's parent or guardian of the alleged offense and that they are considering disciplinary action against the child.

As the parent or guardian, you should meet with the principal to hear what evidence they have against your child, and your child should have the opportunity to tell their side of the story. You may also have the opportunity to bring witnesses, documents, or other evidence. Consulting with an experienced attorney-advisor before a hearing can help you and your student present their case and argue for a lesser punishment.

A skilled and experienced high school discipline defense attorney can assist you and your student through the disciplinary process in Indiana in the following ways:

• evaluate the school's notice and charges against Indiana requirements;
• discover and evaluate the school's evidence allegedly supporting charges;
• promptly answer and firmly deny false, unfair, and exaggerated charges;
• invoke your student's right to a hearing to present your student's side;
• identify, collect, and present exonerating and mitigating evidence;
• communicate, advocate, and negotiate for dismissal of false charges;
• appeal unfair and unsupported adverse decisions to higher authorities;
• identify and communicate with school oversight officials for special relief;
• evaluate, threaten, and, if necessary, conduct civil litigation enforcing rights.

When Is an Indiana School Not Allowed to Expel a Student?

Expulsion is the harshest punishment a public school can hand out. Schools in Indiana must have a good reason if they are to expel a student. Before expelling a student, principals must do the following:

• Exhaust all other means of discipline
• Consider whether the student does not have special needs or physical health limitations
• Ensure the student is responsible for the alleged misconduct
• Follow due process for determining responsibility for the alleged misconduct
• Provide sufficient options for alternative education for the student
• Provide the student with an expansionary hearing
• Ensure that the actions of the student resulting in the alleged misconduct were not committed as an act of self-defense or in defense of another individual

Can My Student Appeal Their School Expulsion?

Schools that expel a student must notify the student and their parent or guardian of their right to appeal the disciplinary action. The student or their parent has ten calendar days following notice of the action to file a written appeal.

Indiana high school disciplinary procedures allow students facing alternative school to appeal the decision. Appealing affords you a second chance to present arguments to a different set of school officials for a new decision. Appeal procedures differ from school district to school district.

An experienced school defense attorney-advisor can help you build a compelling argument for appeal and submit it to school officials. Depending on your school's processes, you may also have the opportunity to appeal more than once.

By taking these steps and hiring an attorney-advisor, you show school officials just how seriously you are taking this matter.

Does Disciplinary Alternative Education Have Downsides for My Student?

The short answer is yes. Students forced into alternative schools can face numerous challenges, including:

• Lower education standards: The standard of education in alternative schools tends to be lower despite the program requiring teachers to be licensed and assessments taken to evaluate student progress and overall effectiveness. When students return to their previous schools, many have difficulty catching up with the rest of their classmates.
• Poor attendance: With fewer alternative schools scattered across Indiana, students will likely have to travel farther to attend school. Poor attendance can be a deterrent to regularly attending. And when students don't attend school regularly, their education suffers.
• Diminished self-worth: Students sent to alternative schools and excluded from their regular classroom environment and their friends often feel like a criminal. These feelings can impact their emotional health long-term and adversely affect their ability to progress in school.
• More likely to return to alternative school: Students who are sent to alternative schools are at greater risk of committing repeat offenses and returning to alternative school. Being sent to an alternative learning program multiple times throughout high school can result in the need to repeat a grade.
• Higher dropout rates: Students who are expelled from school and sent to an alternative program are more likely to drop out of high school.
• More likely to end up in the juvenile justice system: Students who are expelled and sent to alternative schools are more likely to end up in juvenile detention. Being treated like a criminal can push students into actually behaving like one.

Your child's record will show any expulsions, which means it could hurt their chances of getting into a good college or obtaining employment after graduation.

Can My Child Be Sent to Alternative Education in Indiana More Than Once?

Unfortunately, yes. A student sent to an Indiana alternative school for disciplinary reasons is at greater risk of returning to alternative school in the future.

What Should I Do if I Know My Child Is About to Be Expelled?

If you think your child may be facing a major disciplinary action at their school, you must act quickly. Here are some steps to take if you suspect your child may be facing suspension or expulsion:

1. Contact the school as soon as possible and get the details of the misconduct the school alleges your child was involved in.
2. Once you understand the possible disciplinary action your child is facing, contact a student defense attorney-advisor to develop a strategy for getting the best outcome possible for your student.
3. Talk with your child about the incident and ask them about any recent events that may have contributed to the incident or may be bothering them in general. Be sure to write down everything they say.
4. Document everything. Take photos of injuries and gather notes from teachers or other witnesses of the alleged act.
5. Keep track of all correspondence with the school. Be sure to write down the date of the conversations and what was said.
6. Keep copies of all letters, emails, and messages you receive from the school and that you send to the school.
7. Gather a copy of the school's code of conduct. Look for the rule or rules your child has allegedly violated. A student defense attorney-advisor can help you determine if the punishment the school is threatening matches the alleged misconduct.

What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?

When a school sends a student to alternative school, that student faces lower education standards. They are also more likely to miss school, making it more difficult for them to keep up with their schoolwork when returning to their previous school.

These students are also excluded from their friends and usual learning environment, which can make them feel as if they are a criminal. Students who feel like criminals may begin acting like one.

Once a student has gone through alternative school for disciplinary reasons, they are more likely to return. They are also more likely to end up in the juvenile justice system.

Because alternative schools can adversely impact a child's emotional and educational well-being, you should do everything in your power to keep your child out of alternative school. An experienced attorney-advisor can help you advocate for your child if you believe your child is facing unjust charges or that the punishment the school is handing out is too harsh for the offense.

Can Expelled Students Go to College in Indiana?

Students expelled from high school in Indiana can apply for and enroll in college. However, having an expulsion on their record may keep them from getting accepted at their school of choice. Most college applications ask students whether they have committed any misconduct that has resulted in disciplinary action. If your student's school expelled your child, they must answer "yes." More likely than not, the school will want to know more about the incident that led to your child's expulsion before deciding whether to accept them.

Can an Attorney Help with High School Expulsion?

If your child is facing disciplinary action that could result in them being suspended or expelled and forced into an alternative school, you may think you have no grounds to fight the school's claims. You may feel as if you are defenseless against school officials and think it's best just to let the cards lie where they fall. But inaction could have detrimental effects on your child's well-being and future.

If you believe your child has been falsely blamed for the alleged misconduct or that the disciplinary action the school is threatening is much harsher than the punishment deserves, a student defense attorney-advisor can help you build a strong case to present to school officials.

Even if the school doesn't allow you to have a lawyer present at a hearing or an appeal, having an attorney-advisor experienced in student defense to consult with can greatly improve your chances of dismissing or reducing the charges against your child and the punishment they receive.

A student defense attorney-advisor can help you present your case to school administrators, keep track of communications with the school, and gather evidence to help should you need to appeal the school's decision.

An experienced attorney-advisor can help you prevent your child from being expelled or placed in an alternative school, giving them a better chance at a bright and successful future.

Get the Help You Need to Deal with a High School Disciplinary Placement in IN

National school discipline defense attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team have helped students nationwide build strong cases against the threat of expulsion and avoid alternative school. He and his team have the experience necessary to support you and your student through the disciplinary process. They will stand up for your child's rights and help ensure the best outcome possible.

Don't let a simple mistake or misunderstanding stand in the way of your child's future. Contact the Lento Law Firm by calling 888-535-3686 today for assistance and more information.