As a parent, you don't want to see your child end up in trouble at school. No parent does. If your student does misbehave, you certainly don't expect them to be removed from their school entirely. What happens if your kid gets expelled? Most of the time, expelled students get sent to an alternative education program (AEP).
You want to avoid having your child sent to an AEP in Utah. But how can you prevent their expulsion and removal from happening? We've answered all of your questions about AEP disciplinary placements in Utah so you know what to expect if your child ends up in this situation.
What Is Alternative Education Placement in Utah?
Utah Code 53G-8-208 states that when a student gets expelled or suspended from school for more than 10 consecutive days in Utah, parents must make arrangements for alternative education. They may enroll them in an alternative education program (AEP) or find a private education solution. Students can also be sent to AEPs for violating their school's code of conduct. There are also laws in Utah that require schools to expel students who have committed certain crimes or very severe violations.
Most of the time, students are able to re-enter their old school after their disciplinary placement in an AEP is over. It's not supposed to be a permanent solution. For some students, however, it ends up becoming permanent, and they may have to stay until graduation.
Most AEPs do not have adequate curriculums and are not up to the standards of a traditional high school in Utah. However, school administrators often fail to mention the downsides of AEPs and insist they are an acceptable option for students who have been identified as having “behavior” or “disciplinary” problems.
As these programs have more negative than positive effects on your child, you should try at all costs to avoid having to send your kid to an AEP. You might hear the word “alternative” and think it's simply a different academic program or that your student will get more individualized attention. The reality is that students sent to AEPs are treated like criminals—even when they've done nothing wrong—and they have a hard time keeping their grades up.
With the help of a student defense attorney-advisor such as Joseph D. Lento and the Lento Law Firm Team, you and your child can avoid a disciplinary placement in Utah.
What Type of Discipline Do Utah Schools Use?
Utah schools usually have codes of conduct that contain standards of behavior for students and consequences for breaking these standards. Although they may vary slightly by school, most codes of conduct require school administrators to take action or discipline a student in the following situations:
- Violent acts and assault
- Destruction and defacement of property
- Use of e-cigarettes
- Profane language
- Cyberbullying
- Bringing weapons to school
- Bringing alcohol or drugs to school
- Academic misconduct
- Title IX violations and other sexual misconduct
The consequences for violating the student code of conduct are supposed to be in line with the severity of the act. Often, however, students receive harsh punishment such as removal from school for what are seemingly minor offenses.
Some examples of disciplinary measures Utah schools might take include:
- A written warning to the student and notifying the parents
- Extra homework for the student
- Loss of computer or internet privileges at school
- Signing a behavior contract
- Putting a remedial disciplinary plan in place
- Detention
- In-school suspension
- Out-of-school suspension
- Expulsion
- Removal to an AEP
You and your student should carefully read the code of conduct so you know what behavior is considered a violation and what might happen if your student is accused of breaking the rules. The last thing you want is to expect your student to receive detention or extra homework, when instead the school decides to expel them.
Joseph D. Lento and his Student Defense Team can also review the code of conduct with you to help determine which rules your child was supposed to have broken. They can also help you ensure that due process is upheld by the school at each step of the process.
Can High School Students Be Expelled in Utah?
Yes, high school students in Utah can be expelled if they meet the grounds for expulsion set out in the Utah Code 53G-8-205. This behavior includes flagrant, willful disobedience, willful destruction of school property, behavior that poses an immediate and significant threat to others, possession or use of an alcoholic beverage, behavior that does or threatens harm, possession or use of pornographic material, the possession or use of a fake or real weapon, and the sale or distribution of a controlled substance. Students may also be expelled for lesser offenses, such as causing frequent disruptions at school. School handbooks typically explain what these lesser offenses are.
Once a student is expelled, they may have to attend an alternative education program. As a parent or guardian, you are responsible for finding adequate education for your student, whether that means private lessons or enrollment in an AEP. If you choose a private education option, you're responsible for the financial cost as well. Utah Code 53G-8-207 explains parents' responsibilities after a student has been expelled.
Can a Student Get Expelled for Bringing a Gun to School in Utah?
Yes, bringing a gun or a look-alike gun to school in Utah is grounds for immediate expulsion. A student who brings a weapon, explosive, or noxious or flammable material to school or a school-related activity must be expelled for at least one year. Students expelled for gun and weapons violations must also meet other specified conditions before they can return to regular public school at the end of their one-year expulsion. The rules for expulsion regarding weapons at school are stated in the Utah Code 53G-8-205.
How Long Do Expulsions and Disciplinary Placements Last in Utah?
An expulsion can last up to one year for students accused of bringing weapons to school. For less serious offenses, an expulsion and disciplinary placement may be shorter than one year. Typically, you and your student will learn how long the placement will last at the expulsion hearing. This hearing takes place so you and the school administrators can discuss your student's supposed violation, give you and your student a chance to refute the allegations, and determine what conditions must be met, if any, before your student can return to regular school.
Can Students Be Sent to AEP More Than Once in Utah?
Yes, students are not limited to only one AEP placement throughout their academic careers. There is no limit, in fact. Placement in an alternative program for disciplinary reasons is often up to the discretion of the school principal or superintendent. Unless your student is accused of committing a statutory violation that automatically results in expulsion, it's up to your child's school or school district on how harsh the punishment is.
Schools are usually more severe with repeat offenders. Once a student has been sent to an AEP, a teacher or administrator is more likely to think that the student has behavior problems—even if the student completed all their AEP requirements to be readmitted to regular school. Unfortunately, many school officials unconsciously adopt the mindset of, “Once a troublemaker, always a troublemaker,” and don't give your child the benefit of the doubt if they have any kind of disciplinary history.
You shouldn't leave your child's future up to a single school official's judgment. If your child is about to be sent to an AEP in Utah, consider consulting with the Student Defense Team at the Lento Law Firm. They can help you negotiate with your child's school and look out for your family's best interests.
Do Students Get a Hearing Before They Get Expelled from a Utah High School?
Yes, high school students in Utah are entitled to a hearing or conference with school officials and their parents (or guardians) before the expulsion decision is final. Even students who are removed from school for emergency reasons must have a hearing after the fact.
This hearing gives the accused student a chance to know exactly which rules or laws they supposedly broke, in a formal setting. It also lets you and your student have a chance to argue against the expulsion decision. Typically, schools allow accused students and their parents to present evidence or documentation to help prove the student shouldn't be expelled. They may also allow witnesses or character witnesses to testify on the student's behalf. Most schools and districts also allow students and parents to have an attorney-advisor present with them at the hearing, and may even let the attorney-advisor speak on their behalf.
As soon as you learn about your child's misconduct and possible expulsion at school, you should locate the school handbook and read what it has to say about expulsion hearings. You should also try to contact a student attorney-advisor like Joseph D. Lento as soon as you can so they can begin working on your case promptly. The expulsion hearing takes place within a matter of days after the alleged misconduct incident, so you and your child have little time to prepare.
What Are Emergency Removals in Utah Schools?
Utah schools may remove students from the premises immediately in some cases. This is known as an emergency removal, which is allowed per Utah Code 53G-8-207. If a student's actions are considered destructive and they put other students, faculty, or staff in danger, the school has the authority to remove the student and send them to an AEP on the spot. An emergency removal can happen without the school consulting with the student's parents or the school board.
An emergency removal does not mean that your child gets denied a removal hearing, however. Any time a student is denied access to school for more than 10 consecutive days, that student is entitled to due process per federal law. The student has a right to know why they are being removed and the right to defend the accusations against them. This process typically takes the form of a hearing with the student, school principal, teachers (if any were involved), and parents. Even in the case of emergency removals, students should be granted a hearing.
Some behaviors that might warrant an emergency removal from a Utah school include:
- Rioting or picketing
- Gang-related activities
- Sit-ins or walk-outs
- Bomb threats
- Terrorist threats
- Trespassing
- Inciting violence
- Serious disruptions to the school's normal operations
- Pranks or acts that cause major disruptions
Some of the above-listed behaviors seem like legitimate concerns, such as bomb threats. A prank or “disruption,” however, is incredibly vague. What could be harmless behavior may actually end up sending a student to an AEP unjustly. If your student has been sent to an AEP in an emergency removal, Joseph D. Lento and the Lento Law Firm Student Defense Team can help. They'll be able to negotiate with the school's administration on your behalf.
Is AEP a Last Resort for Utah Schools?
Yes, students are only supposed to be sent to an AEP for frequent and serious behavior violations. Students should only be sent to these alternative programs if their behavior warrants an expulsion or suspension of more than 10 days.
Schools typically must exhaust other avenues of discipline before choosing AEP; with the exception being an emergency removal situation. As a parent, you are supposed to receive notification about your child's behavior before they are sent to an AEP. You should have a conference with officials from the school, where you can discuss other options besides an AEP.
If the school doesn't provide you with a conference, request one. If they deny your request, appeal to the school board. With the help of an attorney-advisor like Joseph D. Lento, you hold your child's school to account to ensure they follow the right process. Our Student Defense legal Team can also help you discuss other disciplinary options with the school and determine if the school overstepped their limitations when choosing to send your child to an AEP.
Can Utah Students Appeal an Expulsion?
Yes, high school students in Utah who have been expelled may appeal the expulsion decision. Schools must provide your student with a hearing before the decision is final. If this hearing does not result in the solution you want, you can appeal to the school board or superintendent, depending on the district.
You usually have less than seven business days to write an appeal letter and send it to whoever is responsible for reviewing appeals. Once it's received, the superintendent or board will review your child's case. They will most likely have a recording or transcript of the hearing, as well as any evidence or documentation presented in your child's favor at the hearing.
Each district has a different timeline for appeals, so it's difficult to say when you will receive the appeal decision. Once you do, and it's still not the resolution you're seeking, you may still be able to take further action.
At this point, you might be able to submit a formal complaint to the school board (which is separate from the appeal process). If the case goes far enough, you may also be able to start litigation against the school district.
Throughout this process, it's important to have an attorney-advisor like Joseph D. Lento by your side. He and his Student Defense Team at the Lento Law Firm can let you know which options are best for your child's situation. They can also help you draft the appeal letter and ensure the school follows its own policies.
What Are the Grounds for Expulsion in Utah Schools?
Utah state law allows schools to expel students if they commit certain acts. Once expelled, the student may have to attend an AEP.
The statutory grounds for expulsion in Utah are:
- Defacing or damaging school property
- Bringing a weapon or an object that resembles a weapon to school
- Bringing an explosive or flammable material to school
- Committing an act of violence against another student, teacher, bus driver, or other school official on school property or during a school activity
- Flagrantly willful disobedience
- Disruptive behavior
- Possession of a controlled substance or alcohol
- Possession of pornographic material on school property
If a student is accused of committing one of the violations listed above, they may end up staying in an AEP until graduation.
What Are the Downsides of Alternative Education Programs in Utah?
Utah school officials will say that AEPs are up to the same standards as regular high schools and consider them an adequate substitute for students who have been identified as having behavior problems. The truth is that AEPs have several downsides and long-term consequences for the students who attend them.
Lower Quality of Education
The state of Utah is supposed to maintain the same quality of education in AEPs as in regular schools, but that's not always the case. Without a sufficient number of educators and a modified curriculum that puts an oversized focus on behavior, students have a hard time keeping their grades up after going to an AEP. If they do re-enter their regular school again, they will most likely be behind their peers when it comes to schoolwork.
Attendance Problems
Since AEPs are fewer in number than traditional high schools in Utah, they are less accessible. If your child gets reassigned to an AEP, it may be at a further distance from where you live, and there may not be a bus available to take your child to school every day. When getting to school becomes a challenge, many students simply don't attend. This lack of attendance also affects the quality of their education.
Treating Students Like Criminals
Students can be sent to an AEP for a variety of reasons, but they're all treated like troublesome, “problem” students once they're there. Excluding students from their regular environments already isolates them; when the curriculum at an AEP also emphasizes students' behavior problems, it makes them feel like a criminal. In reality, students may have ended up in an AEP unjustly for what should be considered typical classroom misconduct.
Repeat Sessions
Students who go to alternative education schools for disciplinary reasons are more likely to have to attend the alternative program a second time. If going to an AEP once is enough to hamper a student's academic progress, imagine what the effects of going twice or multiple times would be.
Dropout Rates
Once students are placed in an AEP, and their grades start slipping, the risk of their dropping out increases. Many students who attend alternative programs end up not finishing the high school diploma. Dropping out this way can prevent a student from getting into college, obtaining gainful employment, and have other disastrous consequences on their future.
Contact with the Juvenile Justice System
Students who have been suspended or expelled are generally more likely to misbehave outside of school. The toll that exclusionary discipline takes on a student is not merely academic. It also prevents healthy social, emotional, and mental development. All of these factors can lead a student to act out and get in trouble with the law.
To prevent any of these negative consequences from affecting your child, you should work as hard as you can to prevent their placement in an AEP. Our Student Defense Team can help you defend your child's right to stay in their regular school.
Can a Student Defense Attorney Advisor Help with Expulsion in Utah?
If your child has been referred to an AEP for disciplinary reasons, an attorney-advisor like Joseph D. Lento can help. He and his Student Defense Team can negotiate with the school on your behalf and explain why exclusionary punishment is not the best option for your child. We can also assist you with the expulsion hearing and writing the appeal letter, if you have to submit an appeal. If you decide to take further action after the appeal, an we can also let you know what your options are and assist you with them.
Attorney Joseph D. Lento and the Lento Law Firm Team have helped many students across the country with expulsion and disciplinary placements. We can help your family prepare a solid defense and ensure your child's rights are protected. Don't let an AEP placement ruin your child's future. Call 888-535-3686 today or contact us online.
