While all parents wish for their children to succeed, some high school students may encounter challenges that their schools categorize as disciplinary problems. In such cases, the student might be subjected to suspension or expulsion measures, which could lead them to attend an alternative education program. These programs aim to provide every student in Oklahoma with an opportunity for education regardless of their behavior. However, these disciplinary placements could have adverse effects on the child's future and hinder their academic progress.
Below you will find the answers to all the questions you might have about your student getting a disciplinary placement in Oklahoma. But remember, if your child is facing such disciplinary actions, it is crucial to seek assistance from a student defense attorney-advisor as soon as possible.
What Type of Discipline Do Oklahoma Schools Use?
Usually, schools discipline students with detention or suspensions, which excludes them from the rest of the student population. Additionally, minority students tend to be disproportionately disciplined in such exclusionary ways. To combat this discrepancy, Oklahoma has adopted a restorative justice approach to deal with disciplinary actions.
Instead of being excluded, schools may require students to restorative justice asks students to engage in one of the following:
- Counseling
- Community service
- Repayment
- Verbal or written apologies
The idea is to respond to harm and conflict in a way that fosters community, restores relationships, and builds an environment where every student thrives.
While Oklahoma is committed to the restorative justice approach, there are instances where suspension and expulsion are the only options. Generally, this happens when students engage in seriously dangerous behavior, like bringing a dangerous weapon to school, or if restorative justice has already been exhausted. To combat behavioral issues and ensure students still have access to education, Oklahoma has adopted alternative education programs.
Being expelled from school is an overwhelming experience, and when alternative education programs are presented, they sound like a suitable alternative. The reality is, though, that alternative high schools will have greater negative effects on your student's physical, emotional, and academic well-being.
Can High School Students Be Expelled in Oklahoma?
Students in Oklahoma can be expelled or suspended, but only for specific reasons, including:
- Creating or attempting to a disturbance in the classroom.
- Willfully disobeying a school teacher.
- Using profanity or vulgar language.
- Assaulting or battering a student or school employee, student, or volunteer.
- Possessing or using any dangerous instrument or dangerous weapon.
- Possessing, using, transmitting, or selling an illegal drug, prescription drugs, tobacco, marijuana, or alcohol.
- Vandalizing or damaging school property.
- Consistently violating the school's rules and regulations.
- Stealing school property.
- Sexually harassing a school employee, whether on or off campus.
- Harassing, intimidating, or bullying a school employee, volunteer, or student.
It is important to remember that if a student gets expelled from one school district, other school districts can bar them from matriculating there. Thus, forcing the student into an alternative placement program. Working with an attorney-advisor is the best way to prevent this from happening, allowing your child to continue their education where they feel most comfortable.
What Happens to Expelled High School Students in Oklahoma?
When a student is expelled from an Oklahoma high school, they tend to be sent to alternative education programs. In Oklahoma, there are only eight alternative public high schools to serve nearly 1,800 public schools. This means that students have very little choice in where they end up for their disciplinary placement.
Furthermore, alternative education programs are not intended for students to complete their entire high school education. They are designed to serve as a temporary placement for disciplinary reasons, after which students are expected to return to a traditional high school.
How Does a Student Get Sent to Alternative Education in Oklahoma?
For the most part, if a student is placed on suspension or expulsion for violating the school's code of conduct, they will be sent to an alternative education program. Certain violations will result in suspension or expulsion only after the school attempts the restorative justice approach, including:
- Assault or battery.
- Using or possessing drugs on campus.
- Willful defiance of school administration or classroom teacher.
Additionally, Oklahoma will bypass the restorative justice model if the misconduct includes any of the following issues:
- Dangerous weapons or firearms.
- Possession, sale, or use of a dangerous drug.
- Immediate danger to student's health and safety.
- Not removing the student immediately will cause immediate danger to others.
- Adjudicated as a delinquent or adult for a violent crime listed in Section 571 of Title 57 of the Oklahoma Statutes.
- Suspension or removal for acts that were violent or showing deliberate reckless disregard for the health or safety of school staff or students.
- Removal from public or private school in any state for using electronic communication to harass or intimidate school staff or other students.
When it comes to protecting the emotional and physical safety of their faculty, staff, and students, Oklahoma schools will expel any student involved – even those who have been unfairly accused.
Will My Student Get Expelled for Bringing a Gun to School in Oklahoma?
In short, yes. In Oklahoma, students can be expelled for bringing a dangerous firearm onto school grounds. Additionally, students who try to use, sell, or display a firearm will be subject to an expulsion proceeding. Being accused of having a firearm on campus can have serious consequences outside of expulsion, including federal, state, or local criminal charges.
How Many Alternative Education Programs Are There in Oklahoma?
There are eight alternative education programs in Oklahoma. The eight programs are meant to address the needs of hundreds of thousands of students. Sadly, the current enrollment is comprised of 79% minorities, which is significantly lower than the 53% at traditional public schools. It makes you wonder if minority students are being treated as fairly as their white counterparts.
How Long Do Oklahoma Expulsions or Disciplinary Placements Last?
Many states have specific lengths of time that a student can stay in a disciplinary placement, but Oklahoma does not. Instead, students in Oklahoma are sent to alternative education programs for however long the school board deems necessary. Additionally, it is up to the school to provide alternative education programs for students who are suspended out of school for five or fewer days.
In any case, if services are not offered by the school, the parent or guardian becomes responsible for providing out-of-school education, supervision, and structure to the student. Your attorney-advisor will be able to negotiate with the school on behalf of you and your child to hopefully have the length of placement mitigated or ensure that services are provided.
What Is a Rehabilitation Plan?
Once a student is expelled from the traditional high school setting in Oklahoma and placed into an alternative education program, they may be required to complete a rehabilitation plan before being allowed back into their original school. Additionally, students with disabilities who are suspended or expelled must have an individualized education plan (IEP) prior to being displaced.
While IEPs are typically only available to students with disabilities, some schools will be able to use them as a pseudo-rehabilitation plan. Though the IEP, or the rehabilitation plan, will differ from student to student, they tend to include:
- Teacher's aide requirements
- Extra testing time
- Access to snacks
- Unrestricted bathroom access
- Minimum GPA requirements
- Minimum attendance rates
- Therapy
- Community service
- Drug tests
- Annual goals
- Letters of recommendation from alternative education teachers stating the student is ready to head back to their original classes.
Whether your student was given an IEP or a rehabilitation plan, they may find it hard to complete the stipulations. Some students, especially those who are unjustly adjudicated, will have a difficult time overcoming the initial accusations and consequences associated with the incident. When this happens, trying to complete the rehabilitation plan can actually be a triggering experience, lowering their self-esteem further. However, rehabilitation plans, and IEPs, can be negotiated, which can inhibit any further negative consequences from affecting your child.
Will My Student Have a Hearing Before They Get Expelled?
In Oklahoma, students are generally suspended for a short period of time after an incident while the district administrators investigate the situation. If they determine suspension or expulsion are necessary to correct the issue, the student has every right to ask for them to review the punishment.
If, after their review, the administrators decide the disciplinary placement is appropriate, they will notify the student immediately. The student has every right to appeal this decision as well.
Disciplinary hearings are usually incredibly stressful experiences. Working with an attorney-advisor will ensure your child is not subjected to unnecessary punishments like suspension or expulsion. Additionally, your attorney-advisor will be able to pinpoint the regulations and policies that your child's alleged behavior violated, allowing for the creation of a specific and strong defense.
When Are Oklahoma Schools Not Allowed to Expel a Student?
Oklahoma students must be expelled because of a particular action, and it must fall under the state's rules and regulations for expulsion. When a student's conduct does not fall within that umbrella, they should not be expelled by their school unless restorative justice approaches are unsuccessful.
Education defense attorney-advisors understand how nuanced the district's policies and procedures can be, and district administrators can sometimes let their own biases creep into their decisions. Your attorney-advisor will ensure your school is held accountable and that they provide your child with the appropriate due process rights.
Can My Student Appeal Their School Expulsion?
In Oklahoma, if a student is found responsible for the accused misconduct and consequently expelled, they still have every right to appeal the decision.
Your education defense attorney-advisor will reach out to the district administrators and ask for a review of the expulsion. If the administration reviews the expulsion and does not withdraw the suspension, you can then appeal the decision to the district board of education.
Appeals are a very important step in protecting your child from unnecessary hardship. Unfortunately, many families find them difficult to pursue, especially after having already pursued the original defense. The benefit of having an attorney-advisor in your corner is that they can file the appeal on your behalf. Moreover, if your appeal is unsuccessful, having one on the record can help bolster a civil lawsuit if you decide to sue the school later.
Does Disciplinary Alternative Education Have Downsides for My Student?
The purpose of alternative education programs is to provide students with the same education as their peers, just in a different environment. However, these types of placements are not adequate substitutions for the traditional high school setting. Moreover, the fact that your child was placed in an alternative education program can affect their ability to get into college or secure employment later in life.
Generally, disciplinary placements have the following issues:
- Instructors in disciplinary placement programs have less experience or knowledge than traditional high school teachers.
- Students have fewer resources than their counterparts in their original high school.
- There are fewer alternative high schools than public high schools in Oklahoma. As such, transportation to and from school can become unreliable, or commute times can increase. When students have a harder time accessing their education, they are less likely to try, which could lead to truancy and increased misconduct.
- Often, schools are quick to punish students for behavior that is easily explained. When they are unjustly placed in an alternative education program, it can seriously affect their mental health, self-esteem, and social development, putting them at risk for future misconduct.
Can My Child Be Sent to Alternative Education in Oklahoma More Than Once?
Many families find that once their student is sent to an alternative education program once in Oklahoma, they will be sent back at some point before graduation. The reason for this is that when students are initially attending their alternative education program, they end up falling behind due to the lack of effective education they are receiving. Once they return to their original classes, they might feel embarrassed or ashamed of their lack of progress, which can lead to further behavioral and academic misconduct.
In Oklahoma, school administrators can use alternative high schools to remove troubled students without providing them with the educational support they need. Instead of trying to fix the issue, they ship the student off to their disciplinary placement.
What Should I Do if I Know My Child is About to Be Expelled?
Once you learn that your child is facing an expulsion hearing, there are a few steps you should take:
- Contact the school right away and find out what happened. Make sure to ask for specific facts and what the school's intended disciplinary action might be.
- Reach out to an education defense attorney-advisor and start collaborating on a defense strategy for your child.
- Ask your child to explain what happened; write it down.
- Document evidence and take pictures, especially if there is a physical altercation at issue. Make copies of teachers' notes.
- Schedule meetings with school officials and take notes to keep track of what was discussed.
- Make sure you have hard copies of anything you receive from the school.
- Familiarize yourself with the school's code of conduct. Review the sections on the alleged misconduct that your child committed and the disciplinary procedure the school will use.
This list is, of course, not exhaustive. If you are feeling overwhelmed by the idea of keeping track of everything, your attorney-advisor can help shoulder that burden. Attorney-advisors can attend every aspect of the negotiation process, from initial contact with the school to appeals. Hiring an attorney-advisor the moment you learn of the allegations will ensure they are on the ground, ready to help, right from the start.
Unfortunately, many parents tend to defer to whatever the school says to do. Instead of acting proactively and hiring an attorney-advisor for help, they follow the school's orders. These children are then subjected to unfair alternative education placements that put them at a disadvantage from their peers. All students make mistakes, but when schools fail to see what is actually causing the misconduct and instead punish the student, they miss an opportunity to make a real impact on the student's life. Education defense attorney-advisor Lento and the Lento Law Firm Education Law Team will be able to work with the school to find an amicable solution that protects your child.
What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?
Unfortunately, many alternative education programs treat students like criminals, which can have a significant impact on the student's mental, emotional, and even physical health.
Once a student enters the disciplinary placement, they are exposed to other students with major behavioral issues. If they've been unjustly referred to these programs, being around students with such issues can be very scary and overwhelming. Combine this fear with the lack of resources and low-quality education, and it's no wonder most students have a hard time reintegrating into their original classes when the placement ends. This difficulty can then push students to misbehave again, leading to further disciplinary placements or to actual juvenile justice system adjudication.
Alternative high schools are supposed to be helping students, but instead, they are having a huge impact on the student's ability to heal.
Can Expelled Students Go to College in Oklahoma?
Students in Oklahoma who have been punished with an expulsion still have every right to attend college. Of course, they will still have to complete the requisite application items, including the high school diploma requirement. If an expelled student is unable to graduate from an alternative education program, they can still pursue a General Education Development (GED) test or a High School Equivalency Test (HiSET).
Even though previously expelled students can apply to college, the mere fact that they were expelled could have a negative impact on their ability to get into college. For instance, suspension and expulsion punishments tend to show up on a student's transcripts. Every college requires prospective students to submit transcripts when applying for admission. They will see the notation of disciplinary punishment and placement. Some of the time, they will ask the student to elaborate on the incident, but often they immediately deny admission without inquiring.
Having an attorney-advisor in your corner during the disciplinary placement hearings will protect your child from being excluded from the college experience.
Can an Attorney Help With a High School Expulsion?
Though misconduct in school is not usually a criminal offense, the prospective punishment your child faces still warrants the help of an experienced attorney-advisor. Attorney-advisors are proficient in procedural due process and have extensive legal knowledge, making them the perfect advisors for disciplinary placement defense. Additionally, they will be able to attend the expulsion hearing with you and help present a concrete defense that guarantees the best possible outcome for your child's case.
Get the Help You Need to Deal with a High School Disciplinary Placement in OK
Education defense attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team understand how overwhelming misconduct accusations can be for families. The procedures are complicated, anxiety-filled, and uncomfortable. Not to mention, school administrators can have a significant bias that influences how they see the case. Working with Attorney Lento and the Lento Law Firm Education Law Team will ensure your child's due process rights are upheld, thus protecting them from unnecessary punishments. Call 888-535-3686 today or schedule a consultation online.
