High school can be a stressful time for students as well as their parents and guardians. The school environment can be difficult to adjust to after grade school, and the academic and social pressures that students face during what is, for many, a critical period in the maturation process can sometimes result in misconduct that can land students in serious trouble. When the potential consequences of student misconduct include being expelled from school, parents and guardians, as well as students, have a right to be concerned. It's a serious step that can have a far-reaching impact on a student's present and future well-being.
If you are the parent or guardian of a student who may be facing expulsion for alleged or confirmed misconduct, you probably have a lot of questions about what may or will happen and whether there is anything you can do to help. While South Carolina's statutes set forth in detail what the disciplinary laws are, they can be hard to wade through. This set of frequently asked questions (FAQs) is designed to provide you with some of the answers you may be looking for. If you have other questions or are looking for an education law attorney-advisor with experience in this area, contact Joseph D. Lento and the Lento Law Firm Student Defense Team. They have advised and assisted high school students all over the country who have faced serious disciplinary challenges, and they can help you and your student as well.
What Type of Discipline Do South Carolina Schools Use?
South Carolina divides student misconduct into three categories or levels. The potential consequences grow more serious with each new level.
Level I misconduct covers relatively minor kinds of behavioral misconduct, such as tardiness, cheating, cutting classes, lying, and other kinds of behavior that tend to disturb the orderly operation of the school. This kind of misconduct can result in consequences such as verbal reprimands, demerits, detention, and a withdrawal of student privileges. There may or may not be a meeting with the student's parent or guardian, depending on the situation.
Level II misconduct includes disruptive behavior such as fighting, minor vandalism, theft, use of abusive or threatening language, possession of unlawful substances, and similar types of behavior that can endanger the health or safety of the student or others. Level II misconduct can result in a wide range of consequences, from the student's temporary removal from a class to in or out-of-school suspension to expulsion. In the case of Level II behavior, there will be a meeting between school personnel and the student's parent or guardian, as well as with the student. If the misconduct is confirmed, the administrator will “impose the appropriate disciplinary action.”
Level III misconduct essentially rises to the level of criminal behavior. It includes violent behavior, either to the student or to another person or someone else's property, that threatens the safety of the student or others at the school. In most cases, if an administrator believes that a student has engaged in Level III misconduct, the student will be immediately removed from school, and there will be a hearing held to determine what the final penalty should be for the student's misconduct. In addition, where the student's behavior rises to the level of a crime, the school is likely to refer the matter to the local police.
Can High School Students Be Expelled in South Carolina?
High school students can be expelled from school in South Carolina for Level II or Level III misconduct.
In the case of Level II misconduct, expulsion is the most serious potential consequence; others include temporarily removing the student from a particular class; an in or out-of-school suspension; a required transfer to another school; assignment to an alternative education program; or referral to an outside service agency.
For Level III misconduct, in addition to expulsion, a student could receive an out-of-school suspension or an assignment to an alternative school; and if the student committed a criminal act, the school would be required to refer the matter to local law enforcement.
In both Level II and Level III situations, school officials have the flexibility to impose “other sanctions.” They may also have the authority to consider “extenuating or mitigating circumstances” that could result in a lesser penalty being imposed on the student, as well as “aggravating circumstances” that should be considered when determining what sanctions to impose on the student.
What Happens to Expelled High School Students in South Carolina?
Expelled students are prohibited from appearing on the school campus except for meetings or hearings related to their disciplinary situation, attending certain school functions, or riding the student's assigned school bus. They may enroll in correspondence or online courses, evening courses, or in some cases, may be allowed to attend the Alternative Education school that serves their district.
How Does a Student Get Sent to Alternative Education in South Carolina?
Alternative Education is one remedy available to school administrators in the case of Level II or Level III misconduct. Depending on the student, being transferred to an Alternative Education school environment may provide the student with a better structure for learning and growth than would expulsion and enrollment in an online or correspondence course.
Assignment to Alternative Education is not always an option for a student facing expulsion in South Carolina. There are conditions that need to be met before a student may be assigned; school districts are encouraged by South Carolina law to develop clear guidelines and procedures that are to apply to situations where students may be assigned to Alternative Education in place of being expelled altogether.
This is a situation where an experienced student disciplinary attorney can help. Attorney-advisor Joseph D. Lento has advised high school students all over the country facing serious disciplinary situations and understands how these procedures work. He and the Lento Law Firm Student Defense Team can provide your student with the best defense in serious disciplinary situations and, in many cases, can work with school administrators to arrive at a result – such as an assignment to Alternative Education – that is beneficial to the student while still respecting the school's need to maintain discipline.
Will My Student Get Expelled for Bringing a Gun to School in South Carolina?
In most cases, yes. Expulsion for one year is mandatory for students who bring a firearm to a school in South Carolina. This can apply even if the student unintentionally brings a firearm on school property, which could happen if someone in the student's family forgets to remove a firearm from the vehicle the student drives to school (for example, after a weekend hunting trip). The student is entitled to a hearing before being expelled and may be referred to Alternative Education as part of the penalty. That said, the local superintendent does have the power to modify this “on a case-by-case basis.”
How Many Alternative Education Programs Are There in South Carolina?
At last count there were 69 Alternative Education schools in South Carolina.
How Long Do South Carolina Expulsions or Disciplinary Placements Last?
An expelled student – whether or not referred to an Alternative Education school -- may petition to be readmitted to their original school for the next school year. If the petition is rejected, the student will continue to be expelled (or attend the Alternative Education school) for another school year. So essentially, an expulsion or a disciplinary placement will last for at least the current school year but can be continued beyond that through the remainder of the student's enrollment through graduation.
Will My Student Have a Hearing Before They Get Expelled?
Yes. Hearings are a mandatory part of any disciplinary process that could result in the student being expelled. The student's parent or guardian will be notified by the school of when and where the hearing will be held. The hearing will be conducted by the board of trustees for the school's district or by a person or committee designated by the board. It will be held within 15 days of the date the student's parent or guardian is notified, and the decision will issue within ten days of the hearing.
The student has a right to legal counsel at the hearing and may question all witnesses who testify at the hearing. If the hearing is not conducted by the board of trustees, both the school and the student have a right to appeal the decision. Any decision of the board may be appealed in court.
Students facing a disciplinary hearing that could result in their expulsion or assignment to an Alternative Education school will, in almost all cases, be better off if they have the advice and assistance of an experienced student defense attorney. Joseph D. Lento is an attorney-advisor who has helped students involved in disciplinary hearings all over the US. He and the Lento Law Firm Student Defense Team know how to prepare for these kinds of hearings; how to gather evidence and witnesses that may help the student's case; how to question witnesses and test their recollection and biases; and most importantly how to make sure that the student's rights are respected during the entire process.
When Is a South Carolina School Not Allowed to Expel a Student?
South Carolina school districts have wide discretion when it comes to expelling students, and schools are allowed to consider “aggravating factors” when considering what sorts of discipline to administer. That said, it can generally be more difficult to expel special education students, particularly ones whose disability may have affected their behavior and contributed to the misconduct claims filed against them by school officials.
Can My Student Appeal Their School Expulsion?
Yes, students have the right to appeal expulsion decisions to the local circuit court. For more information about this process, contact attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team. They have the experience and understanding of the school disciplinary and appeal process to help you and your student in the event an appeal is necessary.
Does Disciplinary Alternative Education Have Downsides for My Student?
Of course, there are downsides to every school situation. One downside of a student being assigned to an Alternative Education program is perceptual – will the assignment be viewed by others as labeling a student as troubled or problematic? On the other hand, students assigned to Alternative Education schools may find that they thrive and actually perform better than at their old high school.
A small but recent study of South Carolina Alternative Education schools suggests that a good percentage of the students attending the particular program that was studied find the program to be supportive and helpful. Naturally, this can vary greatly from one school to another or even from one class to another. On the other hand, some public high schools are accused of abusing the Alternative Education option, using it as a “dumping ground” for students who don't get along with certain teachers or administrators or as a way to shed the school of underperforming students who could adversely affect the school's GPA and graduation statistics.
Because Alternative Education schools tend to be less regulated than traditional high schools, one significant danger is that students who attend these schools will not receive the same quality of education as they would in a traditional high school. The problem is that this may not always be the case; some Alternative Schools with smaller enrollments and caring staffs may provide an even better learning setting for their students than did the traditional high schools from where those students came.
This highlights the importance of working with an experienced student discipline attorney-advisor, who can help make sure your student's rights are respected in any disciplinary proceeding. Joseph D. Lento and the Lento Law Firm Student Defense Team have that experience; they regularly advise students from schools across the country who find themselves in the middle of potentially serious and sometimes frightening school disciplinary proceedings.
Can My Child Be Sent to Alternative Education in South Carolina More Than Once?
Ideally, of course, this would not happen. However, there is nothing in South Carolina's Education laws to prevent a disciplined student from being sent to Alternative Education, then readmitted to high school the next school year after successfully petitioning to return, and then being reassigned to Alternative Education as the result of new misconduct.
One danger is that once a student has been forced to leave a high school for disciplinary reasons, that student is likely to be labeled as a “problem student” when they return. As such, they are likely to face more scrutiny than the average student, which means they are more likely to be disciplined again. This highlights the importance of doing everything possible to avoid having the student sent to the Alternative Education program in the first place. And working with attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team can be one of the best ways to try to make sure your student is not forced to attend an Alternative Education school after being accused of Level II or Level III misconduct in South Carolina.
What Should I Do If I Know My Child Is About to Be Expelled?
While it depends on what stage of the process you're at, generally speaking, you and your child will benefit by having the advice of an attorney who has experience advising families of students facing serious disciplinary proceedings. This is particularly the case in South Carolina, where your student will not be formally expelled without a hearing. Having the assistance of an experienced attorney-advisor to help prepare for the hearing and to help defend your child during the hearing can, in many cases, make a significant difference in the outcome.
The time to contact an attorney-advisor is as soon as you are notified that your student has been accused of misconduct that could lead to a suspension or expulsion. In either case, South Carolina law requires the school to notify the student's parents or guardians, and that is when you need to start gathering as much information about the incident as possible, and it is where having a skilled attorney-advisor on board can make a significant difference in the outcome of any further interactions with school officials.
Attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team have years of experience advising students and families from all over the US who are facing serious school disciplinary proceedings. In many cases, they can help gather evidence that schools often miss that can help your student, and they can assist you at the hearing by helping present evidence in defense of your child and question witnesses who may be called to testify against your child. If the hearing panel rules against your student, Joseph D. Lento and the Lento Law Firm Student Defense Team can then make sure that any appeal of that decision is as strong and effective as possible.
What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?
The long-term effects of being assigned to an Alternative Education school can vary wildly. That's one of the main problems with the program. Some Alternative Education schools may provide a caring and nurturing educational atmosphere that can help students who have had disciplinary issues thrive and do better than they did at their former high schools. Others may be little more than a place to park “undesirable” students until they either drop out or graduate, and in that kind of situation, the long-term effects of Alternative Education placement can be devastating.
Being assigned to an Alternative Education school is likely to be a blow to the self-confidence of any student. When that happens at a vulnerable point in the student's development, the forced move to an Alternative Education school can be something that may take years for the student to get over.
Can Expelled Students Go to College in South Carolina?
Expelled students are not prevented from finishing high school in other ways. South Carolina law specifically allows expelled students to continue to learn in other ways, whether through night classes, correspondence courses, online high schools, or even home-school study. Another option is for the student to study and take the GED exam, which will be accepted by many colleges.
Whether the fact that a student has been expelled from high school will affect their ability to be accepted at a given college is something that will, of course, vary depending on the student and the school. If a student is able to demonstrate that the expulsion acted as a catalyst for positive change in their life and their post-expulsion records, support that, they may find that they are welcome at a number of colleges in and outside of South Carolina.
Can an Attorney Help With a High School Expulsion?
Because the expulsion process in South Carolina requires that the school conduct a formal hearing, having the help of an attorney-advisor who has experience representing students in similar disciplinary situations can be a great help. Joseph D. Lento and the Lento Law Firm Student Defense Team have that kind of experience.
They can help gather evidence and witnesses for the hearing that the school may miss, evidence and witnesses who may help your student avoid expulsion. During the hearing, they can make sure that information that helps your student is considered by the board or its designee who is conducting the hearing, and they can carefully question witnesses who may be called to testify against your student.
If there is a ruling against your student, they can also help appeal the decision, identifying any problems with the hearing process, the evidence considered by the hearing panel, and the decision itself.
In some situations, attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team may be able to negotiate on behalf of your student with school officials, to point out problems with the claims against your student, or to suggest alternative forms of discipline that would not include expulsion but would still respect the school's need to enforce discipline among its students.
Get the Help You Need to Deal With a High School Disciplinary Placement in South Carolina
If your student has been accused of Level II or Level III misconduct by their high school, don't wait to get the help of an attorney-advisor who is experienced in helping families deal with serious allegations that can lead to suspension, expulsion, or assignment to an Alternative Education program. Joseph D. Lento and the Lento Law Firm Student Defense Team have helped high school students all across the US who have faced these kinds of situations.
They will work with you and your student to gather as much information about the situation as possible and can negotiate with school officials where the facts suggest that the allegations against your student are not supported by the evidence. If a hearing is necessary, the Lento Law Firm Student Defense Team can be there for you and your student, making sure your student's rights are respected and that questionable evidence used against your student does not go unchallenged. If there is a ruling against your student, Joseph D. Lento and the Lento Law Firm Student Defense Team can help you review your appeal options and, where appropriate, can help prepare and submit appeals on your student's behalf.
Don't delay; contact attorney-advisor Joseph D. Lento today at 888.535.3686 or use the online contact form to schedule a consultation with the Lento Law Firm Student Defense Team today.
