Parents want the best for their kids. They imagine their children succeeding in school, pursuing a prosperous occupation or college education, and enjoying a fulfilling life both professionally and personally. Regardless of their destination in life or the route they choose to take, those journeys usually begin with a strong and positive high school experience followed by a high school diploma.
But not all paths in life are as clear. Sometimes your child can get caught up in the wrong crowd or in the wrong place at the wrong time. These missteps can veer them off course. Schools may take disciplinary action, and sometimes the punishment can be harsher than the misdeed. The consequences can be severe and life-altering.
If your high school student is facing a suspension or expulsion in Tennessee — especially one that forces them into an alternative education program — their future could be at stake. Don't delay. Seek the advice of an experienced attorney-advisor.
What Type of Discipline Do Tennessee Schools Use?
Title 49 of the Tennessee Code dictates state laws regarding education. The Tennessee Board of Education and local school boards must follow these laws when preparing policies for student behavior, discipline, and alternative education for suspended and expelled students.
School districts are responsible for creating their own codes of conduct, which should state the behavior prohibited for students and the consequences of that behavior.
You and your student should read the school code of conduct at the start of each new school year. Should you face unjust school discipline, this policy is your first line of defense. A student discipline attorney-advisor can use your student's code of conduct to determine if the school is following its own rules about discipline.
Most Tennessee schools prohibit the following serious behaviors:
- Student assault
- Teacher assault
- Weapons at school
- Bullying
- Cyberbullying
- Drug and alcohol use
- Theft
- Vandalism
- Computer misuse
Punishment for misconduct in Tennessee high schools can vary in severity and may include actions such as:
- Loss of classroom privileges
- Signing a behavior contract
- Detention
- In-school suspension (ISS)
- Exclusion from the regular classroom
- Community service
- Out-of-school suspension (OSS)
- Removal to an alternative school
- Expulsion
Codes of conduct may differ slightly by school or school board, but they must follow the Tennessee Code when removing students from the classroom, suspension, expulsion, and alternative education programs.
What's the Difference Between Suspension and Expulsion in Tennessee?
A suspension is the temporary removal of a student from school and can only last up to 10 days.
An expulsion is the permanent removal of a student from a particular school. Expulsions can vary from 11 days until the end of the school year or up to one calendar year for state-mandated offenses.
Any single suspension longer than 10 consecutive days or multiple suspensions totaling 15 days in one month is expulsion.
Can High School Students Be Expelled in Tennessee?
Yes. Any principal, assistant principal, or school leader may expel a student from attending school or school-related activity on or off campus, provided they have good and sufficient reasons to do so.
According to Part 49-6-3401 of the Tennessee Code, those reasons include:
- Willful and persistent violation of school rules
- Immoral or disreputable conduct
- Profane or vulgar language
- Violence
- Threatened violence against anyone attending or assigned to the school
- Willful or malicious damage to real or personal property of another person attending or assigned to the school
- Marking, defacing, or destroying school property
- Possession of a pistol, gun, firearm, or another weapon on school property
- Assaulting a principal, teacher, or school personnel with vulgar, obscene, or threatening language
- Unlawful use or possession of drug
- Initiating a physical attack on an individual student on school property or at a school activity
- Making a threat or falsely reporting the use of a bomb, dynamite, chemical weapon, or another deadly explosive device on school property or at a school-sponsored event
- Conduct prejudicial to the good order and discipline in a public school
- Off-campus criminal behavior
Students can be expelled from Tennessee schools for one calendar year for the following acts:
- Bringing a firearm to school or possessing a firearm on school property
- Committing an aggravated assault or an assault that results in bodily injury to a teacher, principal, administrator, any LEA employee, or school resource officer
- Unlawfully possessing drugs, including controlled substances, on campus or at school-sponsored events
What Happens to Suspended and Expelled High School Students in Tennessee?
Students given an in-school suspension of more than one day must attend special classes attended by other students who have committed misconduct or be placed in an isolated area to study. Students in in-school suspension must complete assignments and receive credit for work completed.
If the school decides that the student poses a danger to himself or others, they can issue an out-of-school suspension or expel the student. However, they cannot do so until they have informed the student about the alleged misconduct, questioned them about it, and allowed the student to give an explanation. If the school leader chooses to move forward with suspension or expulsion, they must contact the student's parent or guardian within 24 hours and explain the reason for the disciplinary action and the conditions for readmission.
If the suspension is between six and 10 days, the school is required to develop and implement a plan for improving the student's behavior when they return to school. If the school finds that an offense justifies a suspension of more than ten days or an expulsion, and assignment to an alternative school, they must immediately notify the student's parent or guardian of their right to appeal the disciplinary action.
How Does a Student Get Sent to Alternative Education in Tennessee?
School leaders in Tennessee can send students who are suspended or expelled from school to an alternative school. However, the Tennessee Department of Education's Governor's Alternative Education Advisory Group discourages sending students to alternative schools for suspensions of 10 days or shorter.
Alternative education programs, or learning education agencies (LEAs), are an option that many schools use to force disruptive students out of their current school and out of the hair of school administrators.
Alternative education programs are intended to be a positive step for students accused of misconduct but often leave them feeling isolated, harshly judged, and branded as delinquent. Students often feel as if their school has given up on them. Separating a teenager from their friends and teachers at their regular high school and treating them like hardened criminals can harm their feelings of self-worth and dampen their future goals.
Thousands of students are involuntarily reassigned to alternative schools each year, often for seemingly minor offenses. And while these schools strive to help students keep up with their schoolwork and provide behavioral programs, many students who end up there never get back on track.
The punishment for any offense should always be in line with the severity of the transgression. Unfortunately, that's not always the case in Tennessee schools. Parents and guardians should seriously consider their right to appeal disciplinary actions that don't appear to align with the severity of the student's misconduct.
Will My Student Get Expelled for Bringing a Gun to School in Tennessee?
Yes. A student who brings a firearm into a Tennessee school or possesses one on school property may face expulsion for one calendar year.
How Many Alternative Education Programs Are There in Tennessee?
Local boards of education in Tennessee establish alternative schools for students who have been suspended or expelled from their regular schools. Alternative schools are either part of a local school, affiliated with a local school, or run by alternative education programs. There are currently 21 alternative public schools in Tennessee serving 576 students.
How Long Do Tennessee Expulsions or Disciplinary Placements Last?
School expulsions in Tennessee can vary in length from 11 days to the remainder of the school year or up to one calendar year for state-mandated expulsions. Any single suspension in excess of 10 consecutive days or multiple suspensions totaling 15 days in one month is expulsion.
Will My Student Have a Hearing Before They Get Expelled?
If the school decides that a student's offense justifies a suspension of more than ten days or that they should be assigned to an alternative school, the school must immediately notify the student's parent or guardian of their right to appeal the disciplinary action.
You must file an appeal must be filed within five days of receiving notice of your child's expulsion. A parent, student, or school system employee with a teaching license can file an appeal.
A disciplinary hearing authority must hold a hearing to discuss the appeal within ten days of the start of the suspension. The hearing authority can decide to:
- Affirm the principal's decision to suspend the student and send them to an alternative school
- Order the removal of the suspension unconditionally or with some conditions
- Assign the student to an alternative education program or night school
- Suspend the student for a specified period of time
When Is a Tennessee School Not Allowed to Expel a Student?
Tennessee schools can expel students, but they must have a reason. They also must follow certain requirements before expelling the student.
To require disciplinary action, schools must:
- 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 the 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?
If your school decides to expel your child, they will notify you within 24 hours, either in writing or by phone. The school will also tell you of your right to appeal the decision. You will have five days from that notification to file an appeal should you believe your child did not commit the offense or if you feel the punishment is too harsh for the alleged misconduct.
An attorney-advisor can help you put together a compelling argument for appeal and submit it to school administrators. Depending on your district's processes, you may also have the opportunity to appeal more than once.
Your first appeal will likely be to your student's school. If you don't receive the resolution you are seeking, you may be able to file an appeal with your school district's board of trustees or the Tennessee Department of Education. By taking these steps, you show the school that you are taking this matter seriously. Your attorney-advisor can also help you navigate the appeal process and build a paper trail that may be helpful should you need to file a lawsuit.
Does Disciplinary Alternative Education Have Downsides for My Student?
If your child's school sends them to alternative education, it is reflected on their record and could hurt their chances of getting into a good college or seeking employment after graduation.
But students forced into alternative schools can face more immediate effects on their well-being. Some common issues with alternative education include:
- Lower education standards: Teachers in alternative education programs must be licensed to teach in the state of Tennessee. The programs also undergo assessments to evaluate student progress and overall effectiveness. However, the standard of education in alternative high schools is generally lower than at the student's previous school. Many students have difficulty catching up with the rest of their classmates after returning to their previous school.
- Poor attendance: Tennessee currently has only 21 alternative learning programs, which means that there is a good chance students may have to travel farther to attend an alternative high school. Longer commutes could discourage students from showing up for class, which can adversely affect their academic performance.
- Can impact students' self-worth: Being sent to alternative education programs and excluded from the regular education environment for offenses often makes students feel like criminals and can have a long-term impact on the student's emotional health and behavior.
- Repeat students: Once a school sends a student to an alternative high school, the students are more likely to return. Being sent to an alternative education program multiple times throughout a high school career can have devastating consequences, including having to repeat a grade.
- High dropout rates: Students expelled from school and sent to an alternative high school are more likely to drop out or fail to finish high school.
- Higher risk of being in the juvenile justice system: Students who are suspended or expelled are more likely to end up in the juvenile justice system. Being treated like a criminal can lead a student toward criminal behavior.
If your child is facing suspension and expulsion and possible remand to an alternative high school, you should take steps to prevent it.
Can My Child Be Sent to Alternative Education in Tennessee More Than Once?
Your student can be placed in a Tennessee alternative high school more than once, and chances are they will. Once a school places a child in an alternative education program, they are at greater risk of returning to one in the future.
What Should I Do If I Know My Child is About to Be Expelled?
If you suspect that your child is facing a major disciplinary event at their school, you must act quickly.
- Contact your student's school and get the details of the action and what kind of disciplinary action your child is facing.
- Once you understand the alleged misconduct and the possible disciplinary action, consult with a student defense attorney-advisor to develop a strategy for your student.
- Talk with your child about the alleged incident and any other recent events that may have made them uncomfortable. Write down what they say.
- Document evidence by taking photos of injuries or gathering notes from teachers or other witnesses of the alleged misconduct, if possible.
- Keep track of any correspondence with school officials, noting the date of the conversation and what was said.
- Keep copies of all letters, emails, or messages you receive from the school, as well as any correspondence you send to the school.
- Find the school's code of conduct and the rule or rules your child has allegedly violated. A student defense attorney-advisor can help you better understand the violation and the possible punishment the school may levy against your child.
What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?
Students sent to alternative high schools face lower education standards and are at risk of poor attendance, making it more difficult for them to catch up with classmates after returning to their regular school.
Being sent to an alternative high school and excluded from their friends and their regular education environment for their transgressions can make them feel as if they are criminals. Teenagers treated like criminals often go on to become criminals.
Students sent to alternative schools are at greater risk of returning to an alternative education environment. They're also more likely to drop out of school and enter the juvenile justice system.
Alternative disciplinary placement can have both short- and long-term effects on high school students, which is why it is imperative that you consult with an attorney-advisor if you think your child has been falsely charged or that the punishment is too harsh for the offense.
Can Expelled Students Go to College in Tennessee?
Students expelled from a Tennessee high school can attend college, but the expulsion may affect which schools accept them. Most college applications ask students if they have committed any misconduct that has led to disciplinary action. If your student has been suspended or expelled, they must answer in the affirmative. The school will likely want to know more about the circumstances of your student's transgression before deciding whether to accept them.
Can an Attorney Help with High School Expulsion?
When your child is facing disciplinary action that could land them in alternative education placement, you may think you have no option but to accept the punishment the school decides for your student. But, removing a teenager from their regular educational environment and placing them in an alternative high school can have detrimental effects on your child's well-being and future.
If you believe your child did not commit the alleged misconduct or that the disciplinary action is harsher than the transgression permits, a student defense attorney-advisor can help.
Even if the school doesn't allow you to have an attorney present when you meet with school officials, having an attorney-advisor's support can help you prepare your argument as well as show your child how to best conduct themselves during meetings with administrators.
A student defense attorney-advisor can assist you in dealing with your student's school administrators, help you keep track of communications with the school, and gather evidence to help in your appeal to the school, school board, or board of education.
Most importantly, an attorney-advisor experience in student defense can help you prevent your child from being expelled or placed in an alternative education program, giving them a better chance at a prosperous and productive future.
Get the Help You Need to Deal with a High School Disciplinary Placement in TN
Attorney Joseph D. Lento and his team have helped students across Tennessee and the U.S. with a variety of high school disciplinary matters. He and his team are ready 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.
