High school is an important time in any kid's life. They receive an education to make the transition to college, a vocational school, or the workforce easier. Students also develop important social and behavioral skills that teach them how to get along with their peers and function in collaborative environments.
Ideally, your student will finish their high school career without many major disciplinary issues on their record. In reality, that's not always the case. Students may end up in serious trouble for what is either minor classroom misconduct or a misunderstanding. Being in the wrong place at the wrong time or behaving just a bit differently than other students can lead to a punishment for your child that effectively ruins their high school career.
Your child might end up suspended or, worse, expelled from their Vermont high school. They may then have to attend an alternative learning program for the duration of their expulsion. Going to an alternate program might not sound like a big deal, but it can have huge impacts on your child's education—and not for the better.
In this guide, we've answered many of the questions our Student Defense Team gets concerning expulsion and disciplinary placements in Vermont high schools.
What Is AES in Vermont?
In Vermont schools, a student who misbehaves or violates their school's conduct policy may be relocated to an alternative education setting (AES). An AES is for students who don't benefit from a traditional school setting. They aren't just for students with disciplinary problems, although that's often the reason a student gets sent to one.
If a student has a long-term suspension or expulsion, they may end up going to an AES. Suspensions and expulsions aren't permanent, so it's common for students to return to their regular school after the disciplinary period is over.
However, even 30 days spent in an AES program can be detrimental to a child's education. The goal of these programs may be to help your child reform their behavior and reintegrate into a regular school, but there's no guarantee that your student can pick up where they left off when they get back to their normal school. Also, time spent at an alternative school for disciplinary reasons stays on a student's record permanently. It may hinder their chances of getting into a good college or finding employment after high school.
Often, public schools don't have the resources to help struggling students. Their solution is to send them to an AES instead. As a parent, you should be fully aware of the potential consequences your kid faces at school for misconduct. You should also know that AES might not be the best solution for your child at all.
How Do Students Get Sent to AES in Vermont?
High school students in Vermont may be sent to an alternative learning environment for disciplinary reasons if they break the school's code of conduct. Typically, the infraction must be serious enough to warrant a suspension of more than 10 days or an expulsion. If your child gets in trouble for a classroom disruption and it's their first offense, they may not be sent to an AES.
Schools have broad authority when it comes to disciplinary placements, however, so it's not guaranteed that your child will avoid an AES for a first offense. Placement in an AES can be used as a punishment for students who are found responsible for the following:
- Bullying
- Harassment
- Habitual truancy
- Hazing
- Threats of violence
- Possession of weapons or look-alike weapons
- Using tobacco, narcotics, or other prohibited substances on school premises
- Unlawful conduct
The type of behavior that can get your student sent to an AES varies depending on your school or district. It's important that you go over the student handbook to understand what the behavior expectations are and ensure your child understands the rules as well.
In the Essex Westford School District Handbook, for example, students who possess drugs or alcohol at school may not necessarily be suspended or expelled for a first offense. Instead, they must stop participating in all extracurricular activities for three months. On the other hand, bringing a weapon to school could result in a long-term suspension (which the handbook defines as an out-of-school suspension lasting more than 10 days).
What Is the Goal of AES in Vermont Schools?
Placement in an AES is supposed to help students change their negative behavior patterns. They're not supposed to switch to an AES permanently and finish their high school education there. The goal is to have the student return to their regular school after the placement is over. Ideally, the student's behavior has improved as a result of attending classes at the AES.
However, exclusionary punishment isn't always an effective tool for students with misconduct problems. It's an out-of-sight, out-of-mind approach that makes it easier for administrators to deal with students, but it's much more impactful on the disciplined student. An AES program might not meet its goal of helping your child with their negative behavior. In fact, an AES could have:
- Less-than-adequate teaching methods that aren't up to state standards
- Outdated subject matter and learning materials
- No supportive resources for students
With these limitations, it's possible that an AES could harbor adverse behavior in its attendees rather than eradicating them. By sending your child to an alternative program, it could brand them as a troublemaker. They could experience unjust treatment because they are considered “problematic” and unable to attend classes in a traditional high school setting. It could ultimately slow down your child's progress toward their high school diploma.
If your student is facing placement in an AES for disciplinary reasons, consider contacting a student defense advisor like Joseph D. Lento. He and his team at the Lento Law Firm can help you deal with your child's school.
Can High School Students Be Expelled in Vermont?
Yes, superintendents and principals in Vermont schools are allowed to expel students. They must get approval from the board of the school district first, however.
Students can be suspended for up to 10 days without school board approval by either a principal or superintendent. School administrators can expel a student for up to 90 days (or the remainder of the school year, whichever is longer). The student's misconduct must meet certain criteria as well:
- Students can be expelled for misconduct that “makes the continued presence of the student harmful to the welfare of the school” and if the misconduct takes place on school property, a school bus, or at a school-sponsored activity.
- Students can be expelled for misconduct not on school grounds if the school official can demonstrate that the student's conduct poses “direct harm to the welfare of the school.”
- Students can also be expelled for misconduct not on school grounds if the conduct poses a “clear and substantial interference with another student's equal access to educational programs.”
If a student is expelled, school officials are “authorized and encouraged” to send students to an alternative education program such as AES. They are not required to send students to AES, however.
Will My Kid Be Expelled for Bringing a Gun to School in Vermont?
Yes, Vermont law requires superintendents or principals to expel students for at minimum one calendar year if they are found with a firearm at school. There are exceptions to the law, and the expulsion period may be reduced or the penalty modified if:
- The student is unaware that they brought a firearm to school.
- The student didn't intend to use the firearm to threaten or endanger others.
- The student has a disability, and their misconduct is related to their disability.
- The student isn't an ongoing threat to others, and a lengthy expulsion wouldn't be in their best interest.
Is There a Hearing Before My Child Gets Expelled from High School in Vermont?
Yes, students in Vermont have a right to due process before being excluded from school for more than 10 consecutive days. Due process includes a hearing where your student can formally hear the charges against them. They should also be able to defend themselves. At this hearing, you can bring an attorney-advisor to represent your child.
The formal expulsion hearing before your child's school board must include the following:
- Written notice of the charges
- Written notice of the date, time, and place of the hearing
- The right to legal representation
- Potential penalties if the charges prove true
- The opportunity for both sides to present evidence
- The opportunity to cross-examine witnesses
- A final decision is sent to the student's parent or guardian in writing
Since your student has the right to legal representation at the expulsion hearing, you should strongly consider working with an attorney-advisor like Joseph D. Lento. You won't have to handle the hearing or preparation for the hearing yourself. You can let your student defense attorney-advisor and his team take care of everything.
The decision made by the school board concerning expulsion is final. If your child has a disability, you may still be able to ask for an independent review of the decision, however. Students on 504 plans or Individualized Education Plans (IEPs) must have a Manifestation Determination Review (MDR) before being expelled. You can challenge the results of the MDR if you don't agree with them by submitting a complaint to the Vermont Agency of Education.
What Is an Emergency Removal?
In some cases, a student may be removed from their classroom or school immediately for discipline reasons. School principals and superintendents can remove a student from school immediately in the following situations:
- The student poses a continuing danger to other people or property.
- The student poses an ongoing threat of disrupting the academic process of the school.
- The student has brought a weapon to school.
You might notice that the first two reasons provided for emergency removals at Vermont public schools are a bit vague. State law does not define a “continuing danger,” so it's up to the discretion of the principal or superintendent. The same goes for “disrupting the academic process.” It's not defined in the law, nor is it clear what this means. It could mean that if your child speaks out in class at the wrong time, they are expelled and removed immediately. Your child could be removed from school for 90 days due to a classroom misunderstanding.
During an emergency removal, your child may be asked to leave the school right away. They still have the right to due process, however. Even if your child has been removed from school in this way, they must still have a hearing after the fact explaining the reasons for the expulsion and allowing them a chance to defend against the charges. If your child's school does an immediate removal or expulsion and does not schedule a hearing, ask for one.
Can a Vermont High School Student Be Expelled for Drugs and Alcohol?
It's possible for a Vermont high schooler to be expelled for having drugs and alcohol at school. State law does not require students found with drugs or alcohol to be expelled; it's left up to school districts to adopt a discipline policy concerning this matter. You'll have to check your school's handbook or district's policies to know for sure what actions the school may take if your child is implicated in a situation involving drugs and alcohol at school.
At Burlington High School, for example, the student handbook states that any student found on school premises or at school-sponsored or school-related events in possession of a controlled substance may be subject to expulsion from the school or the school district entirely. The handbook also cites theft or possession of drugs as an infraction that can lead to out-of-school suspension.
Knowing exactly what might happen in a misconduct situation isn't easy. As a parent, you don't want any surprises when it comes to your child and their schooling. It's important to read and understand the handbook at the beginning of each school year and to ask school officials for clarification if you don't understand something. If your student is accused of a code of conduct violation that could have serious consequences like suspension or expulsion, you will need to familiarize yourself with the relevant passages in the handbook. A student defense attorney-advisor like Joseph D. Lento and his team can help you go through the handbook and use it to ensure the school principal and school board are following their own rules when it comes to disciplining your child.
Will a High School Student in Vermont Be Expelled for Bullying?
It's possible a student in Vermont could be expelled from their high school for bullying. Specific bullying policies are left up to individual schools and school districts. Vermont state law requires districts to have a policy about bullying, which must include the following:
- A procedure for reporting incidents of bullying
- A procedure for investigating bullying
- A process for reporting bullying to law enforcement when necessary
- Consequences or remedial action for students who commit bullying
- Training for teachers and staff on bullying prevention and how to handle bullying incidents
At Champlain Valley Union High School, for example, students who violate the hazing, harassment, and bullying policy may have their class schedule modified or be suspended. Punishments might also include restorative justice. Another example is Thetford Academy, which lists bullying as one of the grounds for suspension in its student handbook.
Checking the handbook for your child's school is crucial. These handbooks or codes of conduct often list all the behavior that can lead to suspension, expulsion, or placement in AES. Familiarize yourself with these infractions and their potential punishments so you know what you're up against if your child gets accused of misconduct at school.
Can Vermont High School Students Be Expelled for Hazing?
Vermont high school students might be expelled or suspended for hazing, but it depends on your school or school district. State law requires schools to create disciplinary and prevention policies concerning hazing. Your child's school might list suspension or expulsion as a penalty for students found guilty of hazing. Hazing in Vermont schools is an intentional act that one student commits against another related to initiation in a student organization and is meant to endanger the mental or physical health of another student.
You and your student should refer to your school's handbook to know what the penalties for hazing are. At Burlington High School, for example, any student found responsible for a hazing violation will be suspended for 10 days.
In the Essex Westford School District, there's no clear penalty spelled out for hazing. The consequences are left up to the discretion of the district's superintendent. The handbook emphasizes restorative justice, which could take the form of a warning, suspension, long-term suspension, cancellation of school-related privileges, or whatever the superintendent deems appropriate.
Can Expelled Students in Vermont Transfer to Another Public High School?
Yes, if a student in Vermont gets suspended or expelled from their high school, they can transfer to another school. An expulsion period could last 90 days—that's a long time for your child to be away from school. Although the state law requiring children to attend school doesn't apply during periods of suspension or expulsion, you may still want your child to receive an education.
Your child may apply to another Vermont public or independent school. If they are accepted to another school, they are also allowed to attend. Keep in mind that principals and superintendents are “authorized and encouraged” to have alternative education programs for kids who have been suspended or expelled, but they are not required to have them. Transferring to a different school might be a more viable option for you and your child.
You could also try to avoid the expulsion altogether by consulting with a student defense attorney-advisor. They could help you negotiate with your child's school and seek another solution besides expulsion.
Can a Student Defense Team Help?
Joseph D. Lento and his Student Defense Team at the Lento Law Firm have worked on many cases helping students who faced disciplinary placement. You might wonder why you need a legal advisor to help you with the process if your child isn't charged with a crime. If you're just dealing with the school or school board, you shouldn't need any assistance, right? Facing school administrators or going up against the school board may end up being harder than you think.
With the help of an attorney-advisor like Joseph D. Lento, you can ensure that your child's school takes your case seriously. He can speak to the school district's legal team for you; he and his team will know how to handle negotiations and work to find a more favorable solution for your child. They can also help you with the expulsion hearing by gathering evidence and documentation, speaking on your child's behalf, and cross-examining any witnesses the school board puts forward.
If you're unsure about your ability to handle any part of the expulsion process—the hearing, evidence-gathering, negotiating with school officials, submitting an appeal, etc.—you should seriously consider hiring an attorney-advisor from the Lento Law Firm. Don't let your child's school exert authority they don't have. Take a stand and protect your child's right to stay in their regular school.
Joseph D. Lento and his Student Defense Team have helped many families in similar situations before. They understand what you're going through and can offer support, guidance, and advice as you navigate this process. Stand up for your child's right to a proper education and contact the Lento Law Firm today. Call 888-535-3686 or fill out our online form.
