As a parent of a child in the North Carolina school system, you expect your child to graduate high school and perhaps attend college. You want them to find a good job and have a good life, so you were likely alarmed to learn they got in trouble at school.
Many kids make mistakes in high school, but when some get caught, they might be referred to an alternative learning program. These programs are designed to provide a safe, orderly, inviting, and caring learning environment for students. Students who attend alternative learning programs may be at risk of academic failure, have a history of behavioral problems, or need assistance overcoming challenges.
North Carolina calls its program Alternative Learning Programs and Schools (ALPS). Although intended to help students obtain a quality education despite their behavioral and learning issues, ALPS can have quite the opposite effect. In some cases, students suffer long-lasting consequences that include reduced feelings of self-worth and apathy toward school—which stalls their academic progress. Some students become even more rebellious, obstinate, and destructive from being in the environment.
The following Frequently Asked Questions will hopefully address some questions and concerns you may have if your child received an ALPS referral. You should also consult an experienced North Carolina student attorney-advisor for an objective review of your case and advice regarding your options.
What Is Alternative Learning Program and Schools (ALPS) in North Carolina?
North Carolina's “alternative learning program and schools” (ALPS) is designed to help struggling or misbehaving students excel in a different setting. Every district designs its own ALPS so that students find refuge. The duration of an ALPS is meant to be temporary. Instead of being suspended or expelled in the traditional sense, the student is given time to work on their behavior, with the hopes that once the ALPS period ends, the student will be able to return to their normally assigned classes. If they are unable to, the initial ALPS period could be extended.
What's the Purpose of ALPS?
The main goal of North Carolina's public school system is to empower its students with the tools necessary to be successful citizens and leaders in a global economy. Alternative learning programs and schools are meant to help students stay on track while they are unable to attend their regular classes and to keep the rest of the school safe from their antics.
Is ALPS Open to All Students?
In North Carolina, students can be sent to an ALPS any time between kindergarten and twelfth grade. But usually, students between eighth and eleventh grade are sent to them.
What Are ALPS Requirements for Teachers and Administration?
For any ALPS program, the administration and teaching staff must have the following skills:
- Conflict management and resolution
- Differentiated learning styles
- Understand diversity and be culturally literate
- Understand the principles of child development
Teachers must also master the North Carolina Standard Course of Study.
Where Are ALPS Classes Located?
The ALPS classes and programs are offered outside of the student's regular classes. They may be located on or off campus. Some school districts in North Carolina have come under fire because their ALPS programs take place on special campuses located in relatively remote rural areas, and parents struggle with transportation back and forth.
Are ALPS Classes Voluntary?
No. If your child is placed in ALPS, they must attend or face additional administrative consequences.
What Does ALPS Offer Students?
ALPS programs are designed to provide the safest and most effective learning environment for students despite any academic or behavioral challenges. Educators also realize that many ALPS students may be dealing with personal, emotional, or mental issues that exacerbate their problems. Although ALPS programs can vary from district to district, all ALPS programs must:
- Separate disruptive kids from non-disruptive kids in the ALPS environment
- Provide counseling
- Maintain small teacher-to-student ratios
- Encourage a high level of student and staff engagement
- Create a safe and orderly environment that invites learning
Are All ALPS Programs the Same?
Each school district will differ in the particulars of what their ALPS will have, but to be a valid ALPS--according to the state policies and procedures--it must include the following requirements:
- maintain emotionally and physically safe, orderly, and caring learning environments
- increase parental input and involvement
- reduce dropout and suspension rates
- increase student attendance
- provide a smaller teacher/student ratio
- advance the concept of alternative learning programs as avenues of opportunity for positive student outcomes
Is the ALPS Program Good for Students?
While some students benefit from ALPS, others do not. Not all ALPS are what they are meant to be. Because they are referred to as “alternative,” some parents think the student has a choice to attend, as if students who behave differently can leave the regular education track and choose to attend one that is more specific to their needs.
In reality, students who are referred to ALPS can have their entire lives flipped upside down. Some students may even have harsher behavioral issues after entering an ALPS because their self-esteem and identity suffer. Moreover, ALPS are not these perfect programs – they have their own problems with curriculum and low-rated educators.
What kinds of behavior can send me kids to ALPS?
Anything that would result in long-term suspension or expulsion can result in an ALPS referral. ALPS is meant to offer an alternative to expulsion so that students can finish their academics and eventually graduate.
In most school districts in North Carolina, students will only be sent to an ALPS if they have consistently violated the school's rules and all other avenues of punishment were exhausted.
Can a Minor Offense Get My Child an ALPS Referral?
Minor offenses such as talking in class, not doing homework, or tardiness, are usually not grounds for ALPS referral.
What Are Student Codes of Conduct in North Carolina Public Schools?
North Carolina allows school districts to devise their own codes of conduct, and the exact language may vary. However, all districts must identify what behavior is appropriate for a school setting and what is not. Districts must publish this information in a student code of conduct and provide a copy to students and their parents. Many districts require students to sign the code within the first few days of school.
Although districts may use their own language, they must clearly define all student expectations, and their codes must contain provisions for the following:
- Disciplinary matters for things like violence or assault
- Bullying or harassing behavior
- Prohibiting tobacco use in school buildings, grounds, and at school-sponsored events
- Title IX or other types of sexual misconduct
- Academic misconduct like cheating, plagiarism, or helping others perform academic misconduct
- Accommodations for disabled students
- Consequences for disruptive behaviors
- Consequences that match the students' actions
- Cyberbullying, theft, or vandalism
- Students who bring weapons to school
- Students who misuse computers
These codes of conduct will list the exact ramifications that will happen if a student violates them. Your attorney-advisor will review this code of conduct to make sure your child is not exposed to any unnecessary penalties.
How Do Schools in North Carolina Determine Discipline?
In North Carolina, if your child is accused of violating their school's code of conduct, or of disobeying a faculty member at their school, they can be punished with anything from a written warning to suspension or expulsion.
The penalty they incur is supposed to fit the accused behavior, but sometimes those students are punished with a much harsher reality. For example, if a North Carolina high school student is found responsible for disobeying the conduct rules, whether it is multiple times in their high school career or just once in a huge way, they might be referred to an ALPS.
What Kinds of Punishment or Penalties Can My Child Receive?
Students can face any of the following penalties for violating their school's code of conduct:
- Signing a behavior contract so that the student and parents understand their behavior was inappropriate.
- Detention
- Saturday school
- In-school suspension: a student is removed from their classroom and sent to another room with other students on in-school suspension. During the day, they do assignments from their missed classes or other assignments the school assigns.
- Out-of-school suspension
- Being removed from class and sent to another classroom for a time.
- Community service
- Removed to an ALPS
- Expulsion from the school district altogether
What's an Emergency Removal in North Carolina Schools?
There is no definitive law about the emergency removal of a student to an ALPS in North Carolina. Students can be removed in an emergency on a case-by-case basis. This means, essentially, that the student will not have a chance to defend their case before being sent to an ALPS. Mostly, this occurs because their behavior was so egregious, it put the rest of the classroom or school in danger. Possible reasons why a student would face an emergency removal include:
- Rioting
- Picketing
- Trespassing
- Inciting a disruption
- Threatening the school
- Making a terrorist threat
- Participating in gang-related activities
- Participating in a walk-out or a sit-in demonstration
- Using a prank or actual violence during a disruption that could cause further damage
What Are Statutory Grounds for Expulsion in North Carolina Schools?
The North Carolina policies and regulations state that a school can expel or place students in alternative learning programs and schools if they have acted in any of the following ways:
- Acting violently toward a school employee or bus driver
- Bringing a weapon to school or using a weapon on school grounds
- Being convicted of rape, murder, assault, battery, or other violent offenses
- Sexual misconduct or Title IX violations
If a student is found responsible for committing one of these acts, they may be required to stay in an ALPS for a long period of time. An attorney-advisor will make sure your child is not sent to an ALPS for longer than they should.
When Can My Child Get Long-Term Suspension in North Carolina Schools?
North Carolina's statute for long-term suspension does not define any specific offenses or behaviors. It only states that the conduct “violates a provision of the Code of Student Conduct that authorizes long-term suspension.”
However, some common violations of student conduct that can result in long-term suspension include:
- Fighting or violence toward other students
- Bullying or harassment
- Theft or vandalism
- Misuse of school computers
- Cyber-bullying
- Hazing
Other offenses or violations of the student code could get your child suspended long-term in North Carolina as well, and you should contact the school immediately to get as much information as you can. If you feel the suspension was unwarranted, you should contact a student attorney-advisor for help.
Can My Child Get Arrested for Violating a North Carolina School Code?
Certain offenses are criminal violations, some of which can be very serious--for instance, bringing a weapon to school or sexually assaulting someone.
Also, cyber-bullying is a crime in North Carolina, and a perpetrator over 18 can receive a Class 1 misdemeanor charge. If the perpetrator is under 18, they can receive a Class 2 misdemeanor.
Hazing is also a Class 2 misdemeanor. Theft and vandalism can also bring criminal charges, as can violence or harassment against other students.
Any violation of North Carolina's criminal laws can result in criminal charges against the student and subsequent punishment that may include incarceration in jail or a juvenile detention center. If your child faces criminal charges because of their behavior or actions, you need to consult an attorney-advisor for help.
How Will I Know My Child Got an ALPS Referral?
When the school decides to refer your child to an ALPS, the multi-disciplinary team in their school must notify you of the incident and the possible punishment.
You must then be invited to a hearing to state whether you agree or disagree with the proposed sanction. During this meeting, you have the option to present evidence and witnesses that would advocate for your child to be punished in some other way besides an ALPS.
What Should I Do After My Child Gets ALPS Referral?
If your child is referred for an ALPS, you should do everything in your power to fight it. An ALPS is a punishment, and you need to contact the school immediately and ask about specific allegations of wrongdoing.
The best thing you can do is to call an attorney-advisor from the moment you learn that your child is being placed in an ALPS. Attorney-advisors have the unique position of understanding these proceedings on a legal level and can ensure your child has the best chance of graduating from his regular high school.
Your child is important and shouldn't be left behind just because they misbehaved. An attorney-advisor can review your child's ALPS referral and determine if any particular limits should prevent your child from attending ALPS.
Is There a Hearing for ALPS?
Yes. When the school decides to refer your child to an ALPS, the multi-disciplinary team in their school must notify you of the incident and the possible punishment. You must then be invited to a hearing to state whether you agree or disagree with the proposed sanction. During this meeting, you have the option to present evidence and witnesses that would advocate for your child to be punished in some other way besides an ALPS.
Remember, the school district must give you notice of its intentions before following through with the removal. You have a choice to agree or disagree with their decision. If you disagree, you must follow up on these proceedings to ensure your child's due process rights are protected. Many schools will rush through these proceedings, or not offer them at all because they assume parents will agree with them.
What Is the Process of Placing a Student in ALPS?
North Carolina statute 115C-105.48 defines the process of placing a student in ALPS. Before referring a student to an alternative school or an alternative learning program, the school must:
- Provide documentation the student is at risk of academic failure or as being disorderly or disruptive
- Provide the reasons for referring the student to an alternative school or an alternative learning program
- Provide the alternative school or alternative learning program with all relevant student records, including anecdotal information
The administrators and staff will then review the referral and determine what support services, intervention strategies, and other accommodations the student may need. The statute also encourages parent involvement during the process.
Can I Appeal an ALPS Referral?
Yes. Even if your hearing does not go well, you still have the right to appeal the school's decision. Appeals are very important to ensure your child does not have to suffer through an ALPS. Additionally, it is important to remember that you can appeal both the local school board's decision, the local board of education, and the superior court if need be. There are plenty of chances to have your student's case heard.
It is important to note that if a student has been suspended for more than 365 days or expelled, they can appeal the decision and request readmission after 180 of those days. An attorney-advisor will be able to determine the best route for your child's appeals.
Do ALPS Programs Provide for Special Needs of Students?
Yes. North Carolina statute Article 25A requires school districts to provide some medical care to students. Schools must also adopt a mental health plan and train their staff in the identification of sexual abuse of students, suicide prevention, substance and sexual abuse prevention, teen dating violence, and human trafficking.
What Are the Downsides of ALPS Programs?
There are a number of negative aspects to having a child removed from their normal classroom settings into an ALPS. Some people even wonder if the ALPS movement might do more harm than good.
Some critics of the program have identified the following shortcomings of ALPS overall:
- Programs provide a substandard quality of education due to ill-defined standards, lack of resources, and unqualified teachers.
- Programs criminalize misconduct that is no more than rebellious or impetuous behavior common among teenagers. Some students in ALPS programs have been convicted of crimes, and they can influence other students to engage in criminal activity. Additionally, some students may feel as though they are being treated as criminals in ALPS, which may cause them to further rebel and act out.
- The discipline is unfair or unjustly applied. Unfortunately, throughout the country, black and Hispanic students are disproportionately punished for their behavior. According to an Open Society Foundation study from 2011, black and Hispanic students were sent to ALPS even if they had qualified for special education programs.
- ALPS programs show a high repeat rate (recidivism). According to the Intercultural Development Research Association (IDRA), one out of three students will be sent to ALPSs multiple times a year. Just attending an ALPS once is enough to cause a student to fall behind their classmates academically, and going back multiple times a year would mean potentially having to repeat the entire school year.
- Programs see higher dropout rates. Another statistic from IDRA states that students who are sent to ALPSs are at a higher risk of dropping out of high school altogether. This is probably because their academic progress was slowed while they were attending the ALPS, but it could also be from the social stigmas they have experienced. For example, children who participate in ALPS could be bullied once they return to their normal classroom. They may retreat inward, failing to care about their grades or friendships anymore. Alternatively, they could begin to misbehave even more frequently – causing more disciplinary issues. Students who are constantly in trouble or are apathetic toward their high school careers tend to be the ones that drop out the most.
- Programs show an increased risk of contact with the juvenile justice system. Exclusionary discipline, such as an ALPS can have disastrous effects on students. According to the Open Society Foundation (mentioned above), expelled or suspended students have a higher probability of entering the juvenile justice system at some point after their ALPS placement.
Not only does an ALPS stall a student's academic progress, but it may also lead to further behavior problems, causing isolation and a host of other mental health issues. These issues will have a further impact on their academic progress, and the cycle will continue. If your child has been referred for an ALPS removal, you must try to have it overturned.
Your Child's Future Is at Stake
Learning of your child's referral to ALPS was likely a shock, and you may not know how to handle the situation. ALPS referrals and their hearings are complex administrative proceedings that can have dire consequences on your child's education and future.
You need someone who understands North Carolina's regulations regarding school discipline to help you through the process. Depending on your case, you may also need an attorney with experience in criminal defense.
How a Student Defense Attorney Can Help Your Child Avoid Alternative Learning Programs and Schools Placement
Student attorney-advisor Joseph D. Lento and Lento Law Firm Student Defense Team have helped hundreds of high school students across the country who have been accused of disciplinary matters and referred for alternative learning placements.
We understand how to negotiate with school administrators and present your child's case in a way that proves this type of punishment would be less beneficial to your child. We also have considerable criminal defense experience and can advise you of your options if your child also faces criminal charges.
Don't let your school district place your child in an ALPS without a fight. Call the Lento Law Firm today at 888-535-3686 today to schedule a consultation.
