In New Mexico, students can be suspended or expelled and placed into alternative schools if they break certain school rules. The rules around how schools can discipline students, though, can be complex. Below, we have compiled answers to the most frequently asked questions about expulsion and disciplinary placements in NM, but call the Lento Law Firm at 888.535.3686 if you need more advice.
How Do New Mexico Schools Discipline Students?
The rules for how schools may discipline students can be found in the following document: the New Mexico Compilation of School Discipline Laws and Regulations. So long as schools comply with the rules as described in the Laws and Regulations, they have some freedom to set their own disciplinary processes.
Types of Punishment in New Mexico Schools
NM high schools can discipline students in a variety of ways. Typical sanctions include:
- Verbal and written warnings
- Zero credit for assignments
- Extra assignments
- Detention
- Temporary classroom removal, i.e., for one lesson only
In some cases, schools might suspend or expel a high school student.
When Are Students Suspended or Expelled in New Mexico?
Students may be suspended or expelled if they violate the school's code of conduct, or honor code, in an allegedly significant way. Title 6, Chapter 11 of New Mexico's Administrative Code sets out examples of behavior that may be prohibited, including:
- Disorderly conduct
- Sexual harassment
- Refusal to cooperate with school officials, e.g., teachers and administrative staff
- Violent or criminal behavior
Within certain legal limits, it's up to individual school boards to determine what type of conduct merits suspension or exclusion. In New Mexico, conduct that could lead to exclusion includes, but is not limited to:
- Bullying
- Fighting
- Possession of weapons or controlled substances
- Vandalism
Where possible, schools are expected to use less severe measures, such as secluding a child from class or issuing a failing grade for an assignment, before considering expulsion.
Does My Child Have a Right to an Education in New Mexico?
It's an interesting question. In New Mexico, there's no absolute right to a public education. Meaning although children should receive an education – and schools are required to do everything possible to facilitate a child's education – this right can be taken away.
There's no requirement for NM school districts to arrange alternative education placements for a suspended or expelled child. Children are not entitled to support from their local school district. Many schools will help parents and students find alternative schooling, but they're not obliged to do so. This means that children who are suspended or expelled may end up feeling rejected or adrift, which can lead to further behavioral problems.
Different rules apply to children with disabilities or those failing to make sufficient academic progress. The school may be expected to facilitate an alternative placement for the child in these circumstances.
What Happens to Expelled or Suspended Students?
It depends on the school district and whether it's an expulsion, short-term suspension, or long-term suspension.
For short-term suspensions (less than 10 days), children return to the classroom as normal. If there's a longer-term suspension, the child has not been formally excluded from school, so they should still be able to return to campus after the suspension ends.
If a child is expelled, they should be able to return to the same school district when the expulsion ends. However, this right is not guaranteed, as it depends on the nature of the student's conduct.
It's possible to homeschool your child in New Mexico as an alternative to them returning to school. Depending on your circumstances, this may be an option to explore.
When Are Students Expelled Automatically?
It's mandatory for a school to expel a student for at least one year if they bring a firearm or weapon onto school property, including the school bus (Chapter 22 of the New Mexico Revised Laws, Section 22-5-4.7).
It's common for schools to automatically expel students for other serious rule violations, such as drug possession and assaulting teaching staff. Your school's handbook or code of conduct should set out the grounds for automatic exclusion.
Will Schools Expel Students for Possession?
Schools in New Mexico will automatically expel a child for bringing a weapon, such as a knife, explosives, or gun, to school. They'll also often expel a child for possessing, selling, or distributing controlled substances on campus.
There are exceptions for children carrying controlled substances for medical use. If your child has a legal reason for carrying a controlled substance, e.g., they use cannabis for medical reasons, this should be discussed with the school so they apply the exception.
Can Students Be Expelled for Absenteeism?
Students should not be expelled for excessive absences. The school should investigate the reasons for the child's frequent absences and, where appropriate, refer the matter to the local probation service.
There are many reasons why a child is repeatedly absent from school. Every effort should be made to re-engage the child and support the family, if necessary, rather than excluding the child permanently from school.
Can a Student Be Expelled for Lack of Academic Progress?
Under Section 22-2C-6 of the NM Revised Laws, students who fail to make sufficient academic progress for a period of two years should be placed in an alternative program. This means they will be excluded from their usual school.
What Happens to Students on Alternative Programs?
Students undergoing remedial education, or a disciplinary placement, are expected to conform to the new school's honor codes. Returning to regular school may be conditional upon meeting certain behavioral and/or academic requirements. Students may be monitored closely to ensure they're meeting the required standards.
No two remedial programs in New Mexico are exactly alike. It's hard to predict what will happen to any student who enters a temporary placement, as a child's social and academic development are complex matters. It's not uncommon for students on alternative programs to lose their motivation or passion for learning – especially if they're an otherwise promising student who made an unfortunate error in judgment.
The emphasis should always be on avoiding alternative placements through negotiating matters with the school. Contact the Lento Law Firm to discuss your situation if your child is facing expulsion or suspension.
How Are Students Taught on Disciplinary Placements?
It depends on the school your child attends. Since schools aren't obliged to facilitate temporary schooling, there are no set teaching standards that such schools are required to meet. However, the emphasis is typically on:
- Helping students learn discipline and structure.
- Showing students how to take responsibility for their actions.
- Supporting students as they attempt to meet the same learning standards as their peers.
Students might have individualized education plans (IEPs). If your child has an IEP, it should be followed.
For the most part, teachers at alternative schools will do what they can to help your child make academic and behavioral progress. However, resources are often limited, and students may not have access to the materials they need to thrive. It's hard to ensure a consistent standard of teaching, and if any students are particularly disruptive, this could make it harder for your child to get the attention from the teaching staff they deserve.
Can Students Return to Mainstream School?
Usually, yes. A disciplinary placement is temporary in most cases, meaning the child can return to mainstream schooling after a certain length of time.
However, the child will normally be expected to meet certain academic and behavioral standards before they'll be readmitted to their old school district. These standards may be set out in a learning plan and should be agreed with the original school before they expel or suspend your child.
Students returning to school after expulsion may require extra help to ensure they reintegrate properly. Make sure your child feels supported and that they can talk to you about any concerns they have. This may help to prevent the same problematic behaviors from starting again.
Are There Benefits to Alternative Schooling?
Although there are many negative connotations associated with disciplinary placements, it's important to look at the possible benefits.
- Sometimes, an unruly or disruptive student just needs space from a certain classroom environment, teacher, or other student. Disciplinary placements can give a child space to work through their emotions and return with a more productive, positive mindset.
- Alternative schools focus on accountability and encourage students to take responsibility for their actions. Some students benefit from taking time to reflect on what makes them behave in a certain way.
- Students may, in some cases, have individualized study plans. Some students benefit from this tailored approach to learning, especially if they have specific behavioral or academic needs.
- Alternative schools create structure. Once the placement ends, a student may have more self-discipline and a willingness to follow school rules.
If a student knows there are consequences to their actions, they may be less likely to make the same mistakes when they return to the regular classroom.
Are There Downsides to Disciplinary Placements?
Disciplinary placements can be helpful to the right student. However, there are always drawbacks to any form of alternative schooling. And in some cases, disciplinary placements could do more harm than good.
- Punishing children by removing them from the classroom could cause them to view school settings in a negative way. In the long term, these negative feelings could result in a lack of motivation and failure to progress.
- Taking a child away from their peers could result in feelings of loneliness and social isolation. Expulsion and disciplinary placements can affect a child's social development.
- Students at alternative schools have various behavioral issues. Some are more serious than others. There's a risk of your child “falling in” with students who are a poor influence on them.
- Although teachers may want to push your child academically, they simply may not have the teaching materials – or the time – to do so in alternative settings.
- Students on temporary placements can't participate in school activities. They could miss major milestones like prom, and if they're on a sports team, they'll miss crucial matches and team training.
For most children, it's best to avoid disciplinary placements where possible. Schools should always consider what's in the child's interests when determining whether to expel a student and recommend a temporary placement.
Can My Child Still Go to College?
High school students are not prevented from applying to college just because they attend alternative schools. However, not all colleges will accept students who have significant disciplinary records, which includes time spent on disciplinary placement.
If your child decides to apply to college, they must be honest and upfront about their school record. Otherwise, they risk being accepted into a college program only to be dismissed at a future date for dishonesty or concealing relevant information.
Depending on the allegations against your child, and the extent of their disciplinary record, they may be unable to enroll in college. Or they might be unable to pursue the type of degree they want. Expulsion can result in severe long-term consequences, so every attempt should be made to mitigate the impact.
Can a Student Be Sent to Alternative School More Than Once?
Yes. Unfortunately, for some students, disciplinary placements are more than just a “one-time” event. If there's an underlying reason for the student's behavior, and the issue is not addressed, they could end up trapped in a cycle of destructive behavior.
- Repeated exclusion from school can damage a child's confidence and their trust in the education system.
- If a child loses contact with their peers, they may struggle to make friends and develop socially.
- Even students with the best intentions can struggle to motivate themselves academically if their education is constantly interrupted.
Where possible, it's best to keep a child in their usual school and work on reforming their behavior in a less disruptive way.
Can I Appeal an Expulsion or Suspension?
Yes. You have the right to challenge a school's decision to expel or suspend your child in the long term.
For long-term suspensions and expulsions, the school must provide a notice, in writing, of:
- The rule(s) which the student allegedly violated; and
- When the alleged incident(s) took place; and
- When the hearing will take place; and
- The right to representation by an attorney or other representative.
Students who face a short-term suspension don't have the same rights to a formal hearing. However, they should have at least a brief hearing outlining where they have the chance to admit or deny the allegations. The hearing may be brief, and although the school should try to notify parents or legal guardians, they're not required to do so before the hearing (NM Code 6.11.2.12 (D)(2)(c)).
How Do I Challenge Suspension or Expulsion?
Your opportunity to challenge a long-term suspension or expulsion is at the disciplinary hearing. Every school has slightly different procedures, so you should check the school handbook or conduct codes for any specific steps you need to follow.
At the hearing, you can challenge the proposed measures by showing why, either:
- The incident(s) did not occur as described; or
- The punishment is not justified in the circumstances.
You generally have the right to legal representation at the hearing. Contact the Lento Law Firm now to discuss how attorney Joseph Lento and his Student Defense Team can help.
What Is the Standard of Proof for School Hearings?
It's the school's responsibility to prove why suspension or expulsion is justified (NM Code 6.11.2.12(G)(4)(l)(i)). The school must show that:
- The misconduct took place as described; and
- The action proposed is proportionate to the circumstances.
If the school wishes to expel a child, it must be able to show that removing the child from the school is the only reasonable option given what happened.
What Rights Do Parents Have?
Parents and legal guardians have the right to attend the hearing. At the hearing, they have the following rights (NM Code 6.11.2.12(G)(4)(l)(i)):
- Representation by a legal representative or attorney.
- Present their own evidence (although not all evidence will be admitted).
- Challenge the school's evidence and school witnesses.
The school board must decide based on the facts and evidence presented at the hearing.
The standard of proof at a school hearing is “preponderance of the evidence.” This means that, given the evidence presented, it's more likely than not that the incident took place as described.
What Should I Do Before a School Hearing?
Although school disciplinary hearings are certainly not as formal as, say, court proceedings, they are still a serious matter. So, the best thing you can do is be prepared.
- Your first step should be contacting the school. Clarify when the hearing will take place and who is allowed to attend. Ask for confirmation in writing.
- Then, discuss the situation with your child. Ensure that they understand what's happening and what the consequences could be.
- Get your child's version of events. It's important that you know exactly what happened, at least in your child's opinion, so that you know how to proceed with the school.
- Gather any evidence which may be helpful. For example, ask your child if they have homework or assignment feedback from their teacher or if there's other evidence, e.g., social media posts or text messages. Photographs and other written evidence may also help.
When a school decides to expel a child or send them to an alternative school, it's not always possible to change their mind. However, the more prepared you are for a disciplinary hearing, the better chance you have at securing a positive outcome for your child.
Do I Need an Attorney-Advisor to Represent My Child?
You do not require legal representation at a school disciplinary conference. In many cases, though, it's helpful to at least consult an attorney-advisor who has experience handling student disciplinary issues. We are happy to evaluate your case and discuss the issues involved – call on 888.535.3686 to learn more.
How Can an Attorney-Advisor Help?
Attorney-advisors can represent your child at a formal school hearing. However, this is not the only way they can help you.
- An attorney-advisor will ensure that you understand the school's disciplinary procedures. This will help you feel empowered and more in control of the situation.
- Your attorney-advisor will help you gather any evidence which may be relevant in your child's defense. You may be able to use this evidence to explain why alternative school is unjustified.
- Schools must treat your child fairly. An attorney-advisor will hold your school accountable and ensure they uphold due process.
There are many ways that an attorney-advisor can support your family during this time. Do not hesitate to contact the Lento Law Firm to retain our services.
Get Help with High School Disciplinary Matters in New Mexico
Disciplinary placements can result in numerous short and long-term consequences. Not only are students isolated from their classmates and deprived of school privileges, but they could lose academic progress. In the worst cases, an otherwise bright and ambitious student may lose motivation and fail to reach their full potential.
At the Lento Law Firm, we understand that you want to do everything possible to protect your child's best interests. That's why attorney-advisor Joseph D. Lento and his Student Defense Team want to help you handle school disciplinary matters expediently. We can advise you on how to challenge disciplinary action and, where necessary, we'll help you mitigate the consequences of expulsion or alternative school on your child.
The Lento Law Firm is here for you in your family's time of need. Give your child the second chance they deserve – call now on 888.535.3686 to discuss your situation or contact us through our online form.
