FAQs: Expulsion and Disciplinary Placement in Wyoming High Schools

Parents dedicate much time and effort to helping their children succeed in school. Yet, some adversity high school students face can be tougher to fully address, like serious school disciplinary action. With the stresses of adolescence, balancing classwork with extracurricular activities, and preparing for college, well-meaning students can make mistakes or even get caught in a bad situation, leading to suspension or expulsion.

Often, suspended or expelled students are remanded to schools in alternative settings. The State of Wyoming leaves this as an option to rehabilitate disciplinary issues when a school district finds a student's needs "are not appropriately met by other schools" and their traditional methods. Although these programs exist in Wyoming to ensure all students have the right to a "free and appropriate education" (FAPE) regardless of behavioral issues, alternative placements can negatively impact your child's future.

Understanding the consequences is critical before your high school child is threatened with a suspension or expulsion. So, we answered all the questions you may have about Wyoming school disciplinary measures and the paths toward alternative placements for punishment. Afterward, you may want to consider consulting a professional student defense attorney-advisor to protect your child's reputation and academic future.

What Type of Discipline Do Wyoming Schools Use?

Wyoming high schools predominantly adopt a reparative justice model for disciplinary actions. This strategy seeks to address difficult circumstances without turning to temporary or permanent removal from the system. The focus is on fostering relationships, giving a voice to students encountering life challenges, and facilitating the mending of misbehavior.

In cases where a student has engaged in punishable behaviors, they may experience one or more of the following processes as components before an alternative placement initiative:

• Counseling or therapy sessions
• Adopting an Individualized Education Plan (IEP), if applicable
• Community service
• Seclusion or isolation
• Reparations as a result of the student's actions
• Written or verbal apologies to the wronged parties
• In-school suspension
• Short-term out-of-school suspension

When schools exhaust the above tactics, students are at risk of being separated from the school for a long-term period. Nevertheless, there are some instances wherein students can be expelled for a first-time offense. Even though Wyoming schools must make plans to address education for children who get expelled through alternative placements, it doesn't mean their academic future remains intact.

Can High School Students Be Expelled in Wyoming?

High school students in Wyoming can be suspended and expelled for a myriad of behavioral issues. However, there are limits. The state explains the following actions are subject to punishments that include suspension and expulsion:

• Continued willful disobedience or open defiance of the authority of school personnel.
• Willful destruction or defacing of school property.
• Use of foul, profane, or abusive language or habitually disruptive behavior.
• Torturing, tormenting, or abusing a student or maltreating a student or a teacher with physical violence.
• Possession, use, transfer, carrying, or selling a deadly weapon on any property the school district uses for education.
• Any behavior which, in the judgment of the local board of trustees, is clearly detrimental to other students' education, welfare, safety, or morals.

As mentioned before, there are limits to how a school may levy its exclusionary discipline policies. Students cannot be suspended or expelled as an additional punishment for offenses managed by law enforcement unless the punishable act is carried out under the following conditions:

• School functions
• Against school property
• Detrimental to the education, welfare, safety, or morals of other students

What Happens to Expelled High School Students in Wyoming?

Wyoming students who get expelled from their high schools are still required to attend school; thus, the state provides alternative options for them. Typically, this consists of alternative high schools that enroll students deemed "at risk" for exhibiting behavior problems and various other reasons.

Given the state's dispersed population, it's no surprise there are fewer alternative settings than high schools—30 across Wyoming serving less than 1,500 students. When a student gets expelled, their choices are much more limited.

Students don't necessarily stay at alternative education programs for the remainder of their high school career. The placement is usually temporary, intending to enroll the student in a traditional high school again after the placement ends. The maximum duration of one of these disciplinary placements is one calendar year, and the minimum is 45 days.

How Does a Student Get Sent to an Alternative Setting in Wyoming?

If a student is being sent to an alternate high school as a punishment, it's generally—but not always—because they've been expelled from their current school. Each school has a code of conduct or behavior procedures to follow, but the most common prohibited behaviors in Wyoming schools are:

• Assaulting students or teachers
• Bullying and cyberbullying
• Computer misuse
• Alcohol or illegal substance use
• Theft
• Title IX misconduct
• Vandalism

The aforementioned activities could result in either a temporary removal or a permanent exclusion from school. Nevertheless, your child's educational institution may opt for alternative reparative justice measures prior to invoking expulsion. It should be noted that under Wyoming statutes, certain conduct will initiate a student's mandatory expulsion. For instance, the following:

• Possession of a firearm or explosives
• Brandishing a knife in the direction of a person
• Carrying controlled substances
• Committing sexual battery or assault

These behaviors often trigger emergency removal protocols involving local law enforcement. Yet, students who are unjustly associated with such a situation could end up getting expelled, too. When serious misconduct occurs that the school believes threatens the safety of others, they may choose to act with more caution and expel everyone believed to be involved. Unfortunately, it may mean your child faces unfair disciplinary action.

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

No student has authorization to carry a firearm, concealed or otherwise, on or into any school district facility. Students will be subject to scrutiny from the superintendent and the board of trustees in terms of how long the expulsion will last, which is no longer than one calendar year. If your child gets expelled based on an unfair accusation, you shouldn't simply give up and accept the punishment. Even if an expulsion is triggered, you should still request a hearing with the school district officials. Then, you and your attorney-advisor can work to negotiate the terms of your child's expulsion alternative placement or even submit an appeal to the charges.

How Does Education in an Alternative Setting Stack-Up Against Traditional Environments?

The 30 alternative high schools dotting the Wyoming landscape are split between outdoors-driven programs, faith-based initiatives, and vocational pursuits. Yet, some drawbacks exist for students attending an alternative school instead of a traditional educational setting.

• Wyoming alternative high schools have an average math proficiency score of 20% (versus a 44% public high school average).
• Wyoming alternative high schools have an average reading proficiency score of 29% (versus a 53% public high school average).
• Wyoming alternative high schools have a graduation rate of 56% (versus an 81% public high school average).

How Long Do Wyoming Expulsions or Alternative Placements Last?

In Wyoming schools, the maximum timeframe for expulsion is one full calendar year. The duration and subsequent alternative placement will greatly depend on the alleged offense, however. Typically, parents and their attorney-advisors can negotiate the length of the placement during the expulsion hearing.

For a shortened expulsion to be granted, it will take some type of initiative on the part of the student. Your child may have to agree to create and implement a rehabilitation plan, which states the objectives your child needs to meet before the end of their alternative placement. If your child fails to meet the terms laid out in the plan, their expulsion and alternative placement can be extended beyond one full calendar year in some cases. Therefore, brokering an acceptable but attainable rehabilitation plan during a hearing is essential.

Will My Student Have a Hearing Before They Get Expelled?

Wyoming's public schools are required to grant students due process rights when facing a potential separation from studies for more than ten consecutive days. Students are afforded a hearing in accordance with the Wyoming Administrative Procedure Act. The school should explain the charges against your child, cite the applicable policies of the code of conduct that have been allegedly violated, and deliver evidence to substantiate their claims.

You should be able to attend this hearing with your child and bring your attorney with you. There, you will have the opportunity to engage in discussions with disciplinary officials concerning the punitive measures they intend to implement while verifying that they are operating within a legal purview to remove your child from school.

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

Although Wyoming schools have the authority to expel students, they cannot do so arbitrarily. The school must also meet certain requirements before expelling the student, and you and your attorney can hold the school accountable to ensure the proper steps are followed.

Expulsions are prohibited until the following are fulfilled:

• The school has exhausted all other means of discipline.
• It's determined the student does not have a qualifying disability for an IEP.
• The school has followed due process for determining responsibility.
• The student is provided with an expulsion hearing.

Can My Student Appeal Their School Expulsion?

You should have the opportunity to contest the outcome of a school expulsion hearing. If you have engaged the services of the Lento Law Firm's Education Law Team, they can assemble a persuasive case advocating for an appeal and present it to the school or district's administrative personnel. The option to pursue multiple appeals may be available to you, contingent on the specific procedures followed in your district.

Your initial appeal will most likely be directed towards the school itself. However, should that not yield the desired outcome, you may have the option to escalate the appeal to the county's district court or the Wyoming Department of Education (WDE).

Submitting appeals serves to signify your serious commitment to the issue at hand. Your legal representative can utilize the appeal as a basis for subsequent negotiations with the school. Furthermore, you may eventually decide to initiate legal proceedings; in such an event, the existence of prior appeals can fortify your case.

Does An Alternative Placement Have Downsides for My Student?

Should your student be assigned to an alternative school setting as a disciplinary measure, such an action could have enduring ramifications on their academic and employment prospects. The long-term consequences may persist years after the completion of the alternative education, while immediate impacts on your child's well-being are also possible. Among the most prevalent concerns associated with disciplinary alternative educational settings are:

• Inferior educational standards: Often, the quality of education in alternative placements in Wyoming—and many other states—tends to be subpar, regardless of whether the courses are delivered in person or online. The criteria may be less stringent, or the program might have fewer resources than your child's prior, more traditional educational setting.
• Limited availability of alternative placements: Should the alternative educational program necessitate physical presence and be situated at a more distant location than your child's previous school, logistical challenges in commuting may arise. Given the scarcity of such alternative high schools, longer travel times could deter consistent attendance, thereby undermining the purpose of transferring to an alternative setting.
• Overemphasis on minor infractions: Alternative education programs are frequently employed to penalize what may essentially be minor classroom misconduct. In such scenarios, your child is displaced from their customary setting, distanced from their peer group and educators, and relocated to an alternative institution for less severe infractions. Such a move can inflict lasting and damaging consequences on a child's psychological and social development.

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

Per federal law, every student must be provided FAPE. Therefore, habitually offending students may be remanded to a Wyoming alternative setting more than once. The state has a compulsory attendance provision for all children to attend school until completing the 10th grade or reaching age 16.

Unfortunately, once a high school has been placed into an alternative setting, it's highly likely that they'll return. Many students in these programs fall behind academically because of a lack of qualified teachers and resources needed for student success. When their term in an alternative setting is complete, they often have difficulty catching up, which increases stress loads that can trigger further behavior problems.

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

Even in emergencies, the school must inform parents and guardians of an impending separation from studies. Regulations explain that for suspensions or expulsions lasting beyond ten consecutive school days, parents will be notified of the opportunity for their child's hearing no later than 72 hours after removal from the school—not counting Saturdays and Sundays.

You will have little time to craft a strategy, but the following steps will help you defend your child against disciplinary officials:

1. Talk with your child to ensure their safety and well-being. Ask them about the particular instance, including factors that may have led to the alleged situation, and log what they say.
2. Contact school authorities immediately to learn their side of the story and what kind of disciplinary action your child is facing.
3. Consult with a student defense attorney to start devising a defense strategy.
4. Find the school's code of conduct and the rules your child has supposedly violated. It may be a long and confusing document that you have trouble navigating, but a student defense advisor can help you decipher it.
5. Gather evidence that may include pictures, notes from teachers, other feedback, and witness statements.
6. Document all correspondence with school officials, including transcribing what was said and the date the conversation took place. Also, compile all physical copies of letters, emails, or messages you receive from the school, as well as anything you send to the school.

As a parent, it's essential to understand what to do when your child faces severe punishment at school. While administrators act in the school's best interests, their decisions weigh heavily on a student's academic and even professional future.

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

Alternative placements undoubtedly affect children in the short term, but not always in a positive way. Inclusion into a program often causes undue stress, inhibiting a student's physical, mental, and emotional health. Moreover, the transition back to a traditional education setting can have the same effects, with teenagers working to push through differing academic loads and the implications their absence has in the social environment.

Parents must anticipate the difficulty of their child re-entering high school once their disciplinary placement has ended. If they do manage, the likelihood that they'll be put back into an alternative setting is very high. Regrettably, this can make students feel like criminals, thus impacting their self-confidence and willingness to strive toward higher education.

Furthermore, placement in an alternative high school could be the first instance of a downward spiral that may not end at graduation. Such disciplinary action could hinder access to some job opportunities, lasting for many years after high school.

Can Expelled Students Go to College in Wyoming?

There is no statute that prohibits expelled students from attending college in Wyoming. However, an expulsion could indeed be the reason a student fails to be accepted.

Colleges and universities will look at all aspects of a prospective student's life, from academics and extracurricular activities to personality traits and previous disciplinary action. Most schools will also look closely at the circumstances surrounding the expulsion and may not admit a student who was expelled for a serious matter.

Can a Student Defense Attorney Help with a High School Expulsion?

With the risk to your child's future, an attorney with experience defending high school students from Wyoming alternative placements is a worthwhile option. Even though deliberations will occur with the school in an administrative setting and not a courtroom, the potential punishments mean a professional student defense attorney is a must.

A student defense attorney can assist with the following:

• Keeping track of documentation and evidence
• Negotiating with school district officials
• Attending meetings and hearings
• Coaching you and your child on the best practices of defense
• Filing appeals with the school board, local court jurisdictions, or the WDE

Most importantly, a student defense attorney will have the experience needed to hold your school accountable. This includes understanding a school's code of conduct, district policies, and state-specific education statutes.

Get the Help You Need to Deal with a High School Disciplinary Placement in Wyoming

For years, the Education Law Team at the Lento Law Firm have helped countless students across the nation deal with disciplinary matters. He and his team understand how burdensome school disciplinary action can affect student success, especially when alleged misconduct comes from a misunderstanding or an unfair accusation.

With deep empathy for dedicated parents, the Education Law Team will help you provide support to your child while creating a defense strategy. Don't let a mistake your child's education, and contact the Lento Law Firm now at 888-535-3686 or go online.