Although every parent hopes for their children to excel, some high school students face obstacles that their schools consider disciplinary issues. In these cases, the student may face suspension or expulsion, leading to enrollment in an alternative education program. These programs in Iowa aim to provide educational opportunities for all students, regardless of their behavior. However, such disciplinary placements can negatively impact a child's future and hinder academic progress.
If you have questions about your child receiving a disciplinary placement in Iowa, you can find the answers below. It's important to remember that if your child is facing disciplinary actions, it's crucial to get the help of a student defense attorney-advisor as soon as possible.
What Type of Discipline Do Iowa Schools Use?
Typically, schools use detention or suspension to punish students, which separates them from their classmates. Regrettably, minority students tend to face these exclusionary measures disproportionately more than other students. To address this issue, Iowa has implemented a restorative justice approach to handle disciplinary actions.
The idea behind the restorative justice approach is to respond to behavioral, academic, and physical misconduct in a way that cultivates relationships, fosters community, and creates an environment where every student flourishes. So, instead of expulsion, suspension, or detention, schools using restorative justice may require students to engage in one of the following activities:
- Counseling
- Mediation
- Verbal apologies
- Written apologies
- Community service
- Repayment
Although Iowa is dedicated to the restorative justice approach, there may be cases where suspension and expulsion are the only viable options. This typically occurs when students engage in extremely dangerous behavior, such as bringing a lethal weapon to school, or when restorative justice efforts have been tried already. To address behavioral issues and ensure continued access to education, Iowa has implemented alternative education programs.
Expulsion from school can be a daunting experience, and alternative education programs may seem like a reasonable alternative. However, the reality is that attending an alternative high school can have significant adverse effects on a student's academic, physical, and emotional well-being.
Can High School Students Be Expelled in Iowa?
Students in Iowa can be expelled or suspended from their traditional public high school, but only if their behavior falls under a particular category including:
- Using or possessing tobacco, alcoholic beverages, or controlled substances.
- Possessing or using a dangerous weapon on school premises.
- Bringing or using a weapon at school.
- Assaulting a school employee in a school building, on school grounds, or at a school-sponsored function.
- Bullying or harassing other students or school employees.
- Chronic absences and truancy.
- Academic misconduct, such as cheating, plagiarism, and forgery.
- Gang-related activity.
- Hazing.
Remember that if a student is expelled from one school district, other districts can prevent them from enrolling, ultimately leading to the student's placement in an alternative program. To avoid this, it's advisable to work with an attorney-advisor, which can help ensure your child's continued education in a comfortable environment.
What Happens to Expelled High School Students in Iowa?
In Iowa, students who are expelled from high school are typically placed in alternative education programs, of which there are only 15. This severely limits the options available to students for their disciplinary placement.
Moreover, alternative education programs in Iowa are not meant as long-term educational solutions. Instead, they are supposed to act as temporary placements for disciplinary purposes, with the hope that students will ultimately return to a traditional high school.
How Does a Student Get Sent to Alternative Education in Iowa?
In general, when a student violates a school's code of conduct and is placed on suspension or expulsion, they are usually sent to an alternative education program. However, in some cases, the school will first attempt a restorative justice approach before resorting to suspension or expulsion for certain violations, including:
- Assault or battery.
- Using or possessing tobacco, alcoholic beverages, or controlled substances.
- Hazing, bullying, or harassing other students or school employees.
- Knowingly possessing a weapon on campus.
Sometimes, if the misconduct includes any of the following issues, Iowa schools will bypass the restorative justice model:
- Using or possessing dangerous weapons on school grounds or at a school-sponsored function.
- Possessing, using, or selling a dangerous drug on campus or at a school-sponsored activity.
- Causes immediate danger to the safety and well-being of others.
According to Iowa law, though, students cannot be suspended or expelled if it violates their federal rights under the Individuals with Disabilities Education Act. Additionally, the school district must approve a student to re-enroll in a traditional school, but not until all the requirements of the suspension or expulsion have been met.
Will My Student Get Expelled for Bringing a Gun to School in Iowa?
Under the Iowa School Discipline Laws and Regulations, students who bring a gun to school can be suspended or expelled. If a student uses the gun while on campus – or at a school-sponsored event – they will usually be expelled. Moreover, school boards can bypass the hearing process to immediately expel a student for this misconduct if it is in the best interest of the rest of the school.
These types of accusations can have a serious impact on a student's future and freedom. If a student uses a firearm, they will most likely be charged with violating local, state, or federal law.
How Many Alternative Education Programs Are There in Iowa?
There are 15 alternative education programs in Iowa, which are meant to address the needs of almost 1,300 public high schools. Unfortunately, the current enrollment is made up of 47% minority students, which is nearly double the amount that is in traditional public schools in Iowa.
How Long Do Iowa Expulsions or Disciplinary Placements Last?
In Iowa, expulsion timelines will vary based on the misconduct the student allegedly committed. For instance, students who bring a weapon to school or knowingly possess a weapon at another school in the district must be expelled for a year or more. Additionally, the superintended has the right to determine the length of all expulsions, though this is done on a case-by-case basis. Alternatively, when a student is accused of assaulting a school employee in a school building, on school grounds, or at a school-sponsored event, their suspension is up to the principal of the school.
The school or school district is supposed to offer the student an alternative education placement for this the time they are suspended or expelled. If they do not, the parent or guardian is responsible for pursuing the matter. An education defense attorney-advisor will contact the school and negotiate on your child's behalf to ensure their right to an education is upheld.
What Is a Rehabilitation Plan?
After a student in Iowa is expelled from a traditional high school and placed into an alternative education program, they may need to complete a rehabilitation plan before they can return to their original school. Moreover, students with disabilities who are suspended or expelled must have an individualized education plan (IEP) before being displaced. While IEPs are typically only available to students with disabilities, some schools may use them as an alternative to a conventional rehabilitation plan.
The rehabilitation plan, or IEP, will vary from student to student, but it typically includes:
- Necessitating a teacher's aide.
- Requiring extra testing time.
- Allowing the student to access snacks.
- Letting the student use the bathroom without restrictions.
- Maintaining a minimum GPA.
- Upholding minimum attendance rates.
- Therapy or counseling.
- Mediation.
- Community service.
- Drug tests.
- Labeling goals the student needs to complete each year to be considered "on track."
- Recommendation letters from alternative education teachers clarifying that the student is ready to return to their traditional high school setting.
Despite the rehabilitation plan's specifics, some students may find it challenging to meet the conditions outlined, especially if they feel they have been unjustly accused of misconduct. Attempting to fulfill the rehabilitation plan can become a triggering experience, lowering their self-confidence even further. However, it is important to note that rehabilitation plans and IEPs can be negotiated to mitigate any further damaging consequences that may affect the student.
Will My Student Have a Hearing Before They Get Expelled?
Generally, students in Iowa will have a disciplinary hearing prior to being expelled or suspended. The disciplinary hearing will give the school district a chance to hear the allegations against the student and offer a chance for the student to defend themselves. During the hearing, both sides will be able to present evidence and witnesses to bolster their arguments, and they will have the chance to cross-examine the other side's evidence and witnesses.
Disciplinary hearings can be highly taxing experiences. Hiring an education defense attorney-advisor can help prevent superfluous punishments, such as suspension or expulsion, from being imposed on your child. Furthermore, your education defense attorney-advisor can identify the regulations and policies that your child's alleged behavior violated, enabling the development of a strong and precise defense.
When Are Iowa Schools Not Allowed to Expel a Student?
In Iowa, a student can only be expelled for a specific action that falls within the narrow parameters of the state's rules and regulations that govern expulsion. If the student's conduct does not fall within this very narrow space, the school cannot expel them unless they have attempted a restorative justice approach first and it was unsuccessful.
Education defense attorney-advisors are familiar with the district's policies and procedures, which can be intricate, and district administrators may allow their personal biases to influence their decisions. Your education defense attorney-advisor will ensure that your child's due process rights are respected.
Can My Student Appeal Their School Expulsion?
Students who are expelled in Iowa have every right to appeal the decision. Appeals must be made by the parent or guardian to the state board of education within 30 days of receiving the district board's decision for suspension or expulsion. Moreover, the parent or guardian needs to include their reasoning for the appeal and follow the rules outlined in the Iowa Code.
Appeals play a crucial role in safeguarding your child from needless suffering. However, many families find them challenging to pursue, particularly because the initial defense tends to be a difficult and taxing experience. By having an education defense attorney-advisor in your corner, you can have the appeal filed on your behalf. Additionally, if the appeal is unsuccessful, having it on record will strengthen a civil lawsuit if you choose to sue the school later.
Does Disciplinary Alternative Education Have Downsides for My Student?
Alternative education programs are designed to offer students the same education as their peers, just in a different setting. However, such placements are often insufficient substitutes for traditional high school environments. Additionally, the fact that a student was placed in an alternative education program can negatively impact their future prospects for college or employment.
Disciplinary placements often have the following challenges:
- Instructors in disciplinary placement programs typically have less experience or comprehension than teachers in a traditional high school.
- Disciplinary placement students have fewer resources than their peers in traditional high schools.
- There are substantially fewer alternative high schools than public high schools in Iowa, making transportation to and from school unreliable or increasing commute times. This can result in students having difficulty accessing their education, leading to truancy and increased misconduct.
- Schools sometimes punish students for behavior that can easily be explained, leading to unjust placement in an alternative education program. This can significantly affect their mental health, self-esteem, and social development, increasing the risk of future misconduct.
Can My Child Be Sent to Alternative Education in Iowa More Than Once?
It is not uncommon for families in Iowa to see their children sent to alternative education programs more than once before finishing high school. This is because students usually fall behind academically during their time in the disciplinary placement, as the quality of education provided there is often inadequate. Upon returning to their original classes, these students may struggle to catch up and feel discouraged, leading to further behavioral and academic issues.
Sadly, in Iowa, alternative high schools are sometimes used to remove troublesome students without addressing the root cause of their behavior. Rather than providing them with the necessary support to overcome their struggles, they are simply sent away, which can ultimately do more harm than good.
What Should I Do if I Know My Child Is About to Be Expelled?
Many parents learn of their child's disciplinary hearing from the child before the school reaches out. There are a few steps you should take once you hear of the possibility of a hearing:
- Connect with the school immediately and find out what happened. Be sure to ask the administrators and teachers for particular facts and how they intend to move forward.
- Contact an education defense attorney-advisor and start working on your child's defense strategy.
- Sit down with your child and ask them to explain what happened. Make sure to write it down.
- Record evidence and take pictures, especially if there was a physical fight. Make copies of any notes from the teacher(s).
- Organize meetings with school officials and take notes to keep track of what was discussed at the meetings.
- Have hard copies of anything the school or the school district send you.
- Read the school's code of conduct, making sure to review the sections that discuss your child's alleged misconduct and the disciplinary procedure the school is supposed to use.
It's easy to feel overwhelmed when dealing with accusations of misconduct against your child. However, it's important to remember that you don't have to go through this process alone. By working with an education defense attorney-advisor, you can ensure that your child's rights are protected at every step of the way.
Unfortunately, many parents don't realize the value of having an education defense attorney-advisor on their side. Instead, they simply follow the school's instructions, even if they feel that their child is being treated unfairly. This can result in alternative education placements that put the student at a disadvantage and fail to address the underlying issues that led to the misconduct.
When you work with an education defense attorney-advisor, such as Attorney Lento and the Lento Law Firm Education Law Team, you can be sure that all your child's needs are being addressed. Attorney Lento will be with you every step of the way, from initial contact with the school to appeals, ensuring that your child's rights are protected and that an amicable solution is reached. Don't hesitate to seek out the help you need to protect your child's future.
What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?
Alternative education programs were created to help students, but unfortunately, many of them still treat students like criminals. This kind of treatment can have a serious impact on the student's physical, mental, and emotional health.
For instance, students who have been unjustly referred to these programs will now have to be around other students with serious issues, which can be very scary. Additionally, these negative effects can impact a student's ability to rejoin their original school when the placement ends, forcing them to misbehave again. Moreover, many students who attend alternative education programs are unable to catch up with their classmates when they rejoin their classes. This can have a major influence on their self-esteem.
Often, when students are forced to experience low self-esteem or uncomfortable situations, they end up committing repeat behaviors, landing themselves back in an alternative education program or, worse yet, a juvenile detention center.
Can Expelled Students Go to College in Iowa?
All students, no matter if they were suspended or expelled during high school, have the right to attend college. To be eligible for college, an applicant must either have a high school diploma or a GED. As long as your student achieves one of these things and takes the required standardized testing, they will be able to apply to the college of their choice. Whether they are admitted is another question.
While expelled students can apply to college, the expulsion or suspension is usually noted on their transcripts. When the administration reviews the applications, they will inquire into the incident, which, depending on the situation surrounding the incident, can make it even more difficult to gain admission. Working with an attorney-advisor will protect your child from being barred from experiencing college like other high school students.
Can an Attorney Help With a High School Expulsion?
Despite the fact that misconduct is not actually a criminal offense (most of the time), your child could still face harsh punishments. Thus, the best thing you can do to protect them is to work with an attorney-advisor who understands the procedures you are up against. Attorney-advisors will be able to attend the hearings with you and help present a strong defense that guarantees the best possible outcome for your child's case.
Without the help of an attorney-advisor, you will be forced to navigate the process alone. Given that most parents have other responsibilities, like maintaining their household, raising other children, and working, having the help of an attorney-advisor will make it all go more smoothly.
Get the Help You Need to Deal With a High School Disciplinary Placement in Iowa
Being in high school can be incredibly overwhelming for any student, but add in behavioral issues, special needs, and any other learning difference, and classes become even more difficult to manage. Unfortunately, many schools do not see these types of differences, or behavioral misconduct, as calls for help. Instead, they view them as matters that need to be dealt with quickly and, sometimes, not so efficiently.
Education defense attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team understand how frustrating misconduct accusations can be for students and their families. Working with Attorney Lento and the Lento Law Firm Education Law Team will not only ensure your child's due process rights are upheld but that their behavioral and educational needs are going to be met. Call 888-535-3686 today or schedule a consultation online.
