FAQs: Expulsion and Disciplinary Placement in Kentucky High Schools

Although parents want their children to succeed, sometimes high school students encounter challenges that their schools classify as disciplinary issues. In such cases, the student may receive suspension or expulsion penalties, which may result in the school board enrolling them in an alternative education program. The purpose of alternative education programs is to provide all Kentucky students with an opportunity to receive an education regardless of their behavior. However, in reality, these disciplinary placements often have negative consequences for the child's future and hinder their ability to thrive in school.

If your child is facing such a disciplinary placement, you probably have a lot of questions. Below, you will find the answers. Working with a skilled attorney-advisor from the moment you learn of the accusations is the best way to make sure your child's future is protected. Call today.

What Type of Discipline Do Kentucky Schools Use?

Kentucky has implemented a restorative justice model to address disciplinary actions, which contrasts with the traditional system that uses detention and suspension as punishment. However, marginalized students are often disproportionately affected by such disciplinary measures, and the restorative justice approach aims to address this imbalance and improve the school climate and graduation rates. Under this model, prohibited actions committed by students are addressed through therapy or counseling, community service, reparations, or apologies.

Although Kentucky is committed to this approach, there are situations where suspension or expulsion is necessary. For example, severe behavior, such as bringing a firearm to school and threatening a teacher, may result in removal or expulsion. To ensure access to education for all students, including those with behavioral issues, Kentucky offers alternative education programs.

While alternative education programs may seem like a better option than expulsion, they can have negative impacts on a student's education and well-being. As a parent, it is important to consider the potential consequences and seek guidance from a student defense attorney-advisor if your child is facing disciplinary action.

Can High School Students Be Expelled in Kentucky?

When the restorative justice approach is unable to make an impact, or the behavior is so extreme that the school administrators agree it should be bypassed, Kentucky students can be suspended or expelled. Suspension and expulsion, though, are only available if the student's behavior falls into one of the categories below:

• Possessing, selling, or distributing prescription drugs or controlled substances.
• Physical assault or battery on another student, faculty, or staff member.
• Bringing a weapon to school.

It should be noted that when students are expelled from one school district in the state of Kentucky, other school districts can deny them admission, which can make it hard for them to receive instruction in a traditional setting. In this way, school districts kind of force students into alternative education placements.

What Happens to Expelled High School Students in Kentucky?

When students are expelled from their high schools in Kentucky, they are often sent to alternative education programs. Normally, these programs are created to help students receive an education while they are performing their penance for misbehaving. There are 176 alternative public high schools in Kentucky that are expected to serve almost 13,000 students. As such, when a student is suspended or expelled, they do not have the choice of school to attend.

Further, alternative education programs are meant to be temporary. As is common in temporary programs, the student's success and ability to keep up with their course work is less important to the faculty. They are focused on keeping the student from misbehaving and having them re-matriculate once their disciplinary period ends.

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

In Kentucky, students are usually placed into an alternative education program if they are punished with long-term suspension or expulsion.

Depending on the high school's code of conduct, the reason a student would be sent to an alternative education program varies. Typically, though, students will be sent for one of the following incidents:

• Possessing, using, or selling prescription drugs or controlled substances.
• Damaging or defacing school property.
• Committing an act of physical violence against a student or teacher.
• Bringing firearms or other lethal weapons onto school premises or school-sponsored activities and events.
• Bullying students, faculty, or staff.
• Using technology while on campus in an inappropriate manner.
• Making threats of physical harm against a student or teacher.

Moreover, there are some actions that can immediately result in suspension or expulsion without a hearing. These are usually behaviors that place the school in serious danger, such as using a dangerous weapon at school or threatening to assault or abuse someone else. Decisions like these are made on a case-by-case basis by school board officials.

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

Under Kentucky law, any student in a public school who brings a gun or other dangerous weapon to school can be expelled. If you suspect that your child has been wrongfully expelled, contact a student defense attorney-advisor immediately. Student defense attorney-advisors will arrange for an immediate hearing to review the expulsion. Through this hearing, your attorney-advisor can offer pertinent evidence and testimony from witnesses to advocate for your child and hopefully reverse the disciplinary action.

How Many Alternative Education Programs Are There in Kentucky?

There are 188 alternative education programs in Kentucky, 176 of which are specifically used for high school students. Unsurprisingly, the graduation rate for alternative public high schools is nearly 30% less than that of traditional public high schools, which has a rate of 91%.

How Long Do Kentucky Expulsions or Disciplinary Placements Last?

Most schools in America have very specific lengths of time that students can be expelled or placed into an alternative education program. But in Kentucky, the length of expulsion will vary depending on the severity of the offense committed by the student. For instance, if a student brings a firearm or other dangerous weapon to school, the regulations say they must be expelled for at least one year, no less.

What Is a Rehabilitation Plan?

In Kentucky, high school students who are expelled may need to agree to a rehabilitation plan before being sent to an alternative education program. The state legislature ensures that all students are entitled to an education, even if they have faced disciplinary action such as suspension or expulsion. The school district can collaborate with public or private entities to provide alternative education programs or high schools.

To address the student's specific situation, as well as outline the consequences for failing to provide accommodations, the school district must create an individualized education plan (IEP). Whereas IEPs are mandatory for students with disabilities, rehabilitation plans are up to the discretion of the school board. Generally, though, they include such stipulations as:

• Keeping a minimum GPA.
• Showing up for classes consistently.
• Attending therapy or counseling.
• Following school rules and state laws.
• Completing community service hours.
• Taking randomized drug tests.
• Writing essays.
• Getting recommendation letters from their teachers or therapists that support their admission back into their old high school setting.

Meeting the requirements can be challenging for students, particularly if they are already traumatized by the allegations against them. Thus, it is essential to negotiate the rehabilitation plan with the school to protect your child from further negative consequences.

Will My Student Have a Hearing Before They Get Expelled?

All students in Kentucky have the right to a hearing before any suspension or expulsion takes place – unless their behavior is so egregious that it puts the students, faculty, and staff in immediate danger.

Normally, when a teacher or school administrator accuses a student of misconduct, which could lead to disciplinary action, they will inform the governing board of the school district and notify the student and their parents first. The school board will decide whether to conduct a hearing. If they decide a hearing is necessary, they will inform the family of a time and location so that the student has a chance to defend themselves.

While the exact hearing process is not published, most states allow the student – or their designee – to present evidence and witness testimony to aid their defense. They also allow the school district to present an argument. When both sides have been heard fully, they will be allowed to cross-examine one another. At the end of the hearing, the school board will discuss their decision in private and then notify the student later. More than likely, the decision will be mailed to the student and their parents.

It is not uncommon for disciplinary hearings to be stressful experiences for both the parent and child. You may not know where to turn or whom to ask for help. This is why it is so crucial to contact a student defense attorney-advisor before the hearing. An attorney-advisor will review the Kentucky legislature and the school's code of conduct to determine whether the school has the authority to expel the student for the alleged behavior. If they find that the school does not have the right to do so, they will support you in advocating for your child's case during the disciplinary hearing.

When Is a Kentucky School Not Allowed to Expel a Student?

Schools in Kentucky cannot expel students without a specific reason or cause of action. If the student's conduct falls outside the scope of disciplinary action, they should not face expulsions. A student defense attorney-advisor will hold the school accountable and ensure that they follow the proper procedures to resolve the matter instead of expelling students without justification.

For a Kentucky school to discipline a student through suspension or expulsion, the student must have engaged in conduct on school grounds that:

• Involves the possession of a dangerous weapon or firearm,
• Encompasses the possession, use, or sale of a dangerous drug (prescription or controlled substance),
• Immediately endangers the health and safety of others – like an assault or battery or other physical abuse, or
• If failing to remove the student would create a safety issue for others.

Can My Student Appeal Their School Expulsion?

Students have the right to appeal a suspension or expulsion decision made by the school board. Specific instructions for appeals will depend on the particular school district you are living in, but usually, you must notify the school board of your intent to appeal. A student defense attorney-advisor can assist in drafting a compelling appeal argument on your child's behalf. Appeals are typically only valid if made on certain grounds, so the attorney-advisor will ensure they inquire with the school board on what those grounds are, then they will tailor your appeal to match them.

Appeals are crucial steps in the disciplinary process. Not only do they offer you an additional opportunity to protect your child from unnecessary negative consequences, but they also create a trail of evidence for future lawsuits. For instance, if your case is unsuccessful in front of the school board, but there is evidence of bias or a conflict of interest, your attorney-advisor may suggest pursuing a civil suit on your child's behalf. Having evidence of an appeal shows you are not making frivolous claims in court. However, many families find the process overwhelming, but an attorney-advisor can ease the burden.

Does Disciplinary Alternative Education Have Downsides for My Student?

Alternative education programs were created to help troubled students, but they can have negative consequences. If your child is placed in one due to a disciplinary issue, it could harm their future opportunities by keeping them from the education they deserve.

Some common issues with disciplinary alternative programs include:

• Lower education standards: Alternative education programs in Kentucky often have lower standards of instruction and fewer resources than traditional high schools, which tend to have access to newer books and higher-quality presentations. Additionally, teachers in traditional high schools do not have to teach a classroom filled with students with disciplinary issues, giving them the space to actually teach instead of constantly babysitting their students.
• Fewer alternative high schools: There are fewer alternative high schools than regular public schools in the state, so students may have to travel long distances to attend school. Moreover, there is usually nothing similar to the bus system students have in the traditional high school. So, if a student does not have a ride to school, the school is farther than their traditional high school, and they are exhibiting behavioral issues, this placement is unlikely to help them succeed.
• Minor misbehavior is exaggerated: When schools use alternative education programs as punishment for minor misbehavior, it can harm a child's mental health, social development, and self-esteem.

Placing a student in an alternative education program should be a last resort and not used for minor infractions. It is important to consider the potential long-term consequences and ensure that the program is providing quality education.

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

A significant number of students in Kentucky who are placed in alternative education programs end up being placed again before they graduate high school. This is often due to inadequate education and difficulty in keeping up with coursework. Upon returning to their traditional high school setting, the shame of being left behind or struggling to catch up with peers can lead them to misbehave even more.

Unfortunately, alternative education programs and high schools are convenient ways for public schools to remove problematic students. While aware of the substandard education provided, school administrators justify the action by saying students are still receiving an education.

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

Generally, students end up telling their parents of disciplinary issues before the parents hear it from the school. Regardless of how you learn of your child's potential expulsion or significant disciplinary action, there are specific steps you must follow, including:

1. Immediately contact the school and inquire about the incident. Request detailed information about the events and the intended disciplinary action. It is advisable to document this information.
2. Retain the services of a student defense attorney-advisor and collaborate with them to develop a defense strategy.
3. Ensure your child is well, and have them describe the situation leading to the incident. Write everything down.
4. Photograph and document any evidence received from the school, including teacher notes, physical injuries, or other items.
5. Maintain a record of your conversations or meetings with school officials and make detailed notes regarding who said what.
6. Keep physical copies of any communication from the school.
7. Familiarize yourself with the school's code of conduct, including both the alleged misconduct and the disciplinary process.

Disciplinary actions are overwhelming processes for most families. Many feel as if everything is out of their control, but by following the list above, you are able to take some of your power back.

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

Unfortunately, alternative high schools often treat their students like criminals, which can damage their physical, mental, and emotional well-being. For example, transitioning back into a traditional high school after being placed in an alternative school for disciplinary reasons can prove challenging for many students, and they may end up back in a disciplinary program soon after. Furthermore, those who undergo alternative education programs are more prone to entering the juvenile justice system later on.

Although alternative high schools aim to assist struggling students, they often have an excessively negative impact that exacerbates the student's issues and leads to a significant decline in both their social and academic lives.

Can Expelled Students Go to College in Kentucky?

Despite being expelled, students maintain the right to pursue higher education, provided they fulfill the standard prerequisites. Nonetheless, gaining admission to a college or university in Kentucky may prove challenging, as educational institutions prioritize their reputation above all else when selecting applicants. If a student's history reflects disciplinary issues such as suspensions or expulsions, and the institution deems them inadequately reformed, they may reject their application.

Hiring an attorney-advisor to alleviate the consequences of suspensions or expulsions can help your child avoid being excluded from their desired college or university.

Can an Attorney Help With a High School Expulsion?

Although your child may not face criminal charges, the disciplinary consequences could still be substantial. So, it may be necessary to seek the guidance of a proficient attorney-advisor. Such advisors possess the necessary legal procedural experience to assist you and your child in handling disciplinary issues. They will not only accompany you to the expulsion hearing but will also aid you in devising a defense and negotiating with the school on your child's behalf, ensuring the most favorable outcome possible.

Get the Help You Need to Deal With a High School Disciplinary Placement in KY

Student defense attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team have dedicated years to assisting students nationwide in managing disciplinary matters. They recognize the challenges that many students face in school and are committed to offering the necessary assistance for their success. Additionally, the Lento Law Firm Education Law Team is acutely aware of the biased nature of school officials and will exert every effort to combat such prejudice and safeguard your child from unwarranted penalties. Contact the Lento Law Firm for assistance today at 888-535-3686 or online.