As a parent, you want your child to succeed in school—or at least not get into too much trouble. Unfortunately, Alabama public schools take student misconduct and discipline seriously, and one small mistake could land your child a suspension, expulsion, and placement in an alternative education setting. Getting sent to one of Alabama's alternative schools may do more harm than good for your child.
Although these alternative programs exist to ensure the safety of all students and help students with "behavior problems," they don't always function like they're supposed to. Students can be sent to these alternative schools for offenses as minor as rudeness or cell phone misuse. Your child's future shouldn't be jeopardized because one school official got carried away with trying to administer discipline.
If your child is facing an exclusionary punishment, such as suspension, expulsion, and removal to an alternative school, you should seriously consider contacting a student defense attorney-advisor for help. They can work with you to prevent your child from being removed from their regular school.
Does Alabama Have Alternative High Schools for Expelled Students?
The state of Alabama has alternative high schools and educational programs for students who have been expelled or suspended. Many of these alternative schools are separate from traditional schools. Some examples of these schools include:
- The Pathway alternative school (Mobile)
- Evening Educational Options (Mobile)
- Continuous Learning Center (Mobile)
- McIntyre Comprehensive Academy (Montgomery)
- Jefferson County Counseling Learning Center East (Birmingham)
- Crossroads School (Birmingham)
- Family Court High School (Birmingham)
- Dupuy Alternative School (Birmingham)
- City Alternative School (Gadsden)
These schools may have programs similar to standard high schools, in which students work toward completing graduation requirements. Others offer school-to-work programs that put students on track for vocational opportunities. Although they may differ slightly in curriculum, one thing most alternative high schools in Alabama have in common is extra-behavioral interventions. These are in place for students who had disciplinary issues at their traditional high school and were forced to attend an alternative program.
Why Do Students Get Sent to Alternative High Schools in Alabama?
Alabama state law allows local school districts to establish alternative education programs or disciplinary schools for the benefit of troublesome students. Some offenses are coded in Alabama law and will result in automatic disciplinary placement in one of these alternative programs. Other, lesser offenses may be left up to schools and school districts. They have some leeway in what they consider "troublesome."
The following offenses will result in a disciplinary placement in an alternate high school in Alabama:
- Weapons possession on school grounds (Alabama Code Section 16-1-24.3)
- Behaviors or patterns of behaviors that interfere with the learning environment (Alabama Code Section 16-6B-3)
- Students who struggle to recognize and manage anger or find alternatives to aggression (verbal and physical assault) (Alabama Administrative Regulation 290-3-1-.02)
Other offenses that school districts typically prohibit in their codes of conduct and which may result in a disciplinary placement include:
- Unauthorized drug possession
- Alcohol use or possession
- Arson
- Assault, battery, and aggravated assault
- Battery theft
- Extortion
- Illegal entry into a school
- Vandalism and criminal mischief
- Bomb threats
- Possession of explosives or fireworks
- Sexual offenses, including pornography
- Gang affiliation and activity
- Refusal to comply with a school official's order
- False fire alarms or damage to fire equipment
- Cell phone misuse or abuse
- Unauthorized use of a school computer
- Threatening a school employee
- Bullying, harassment, or intimidation
- Trespassing
- Interfering with school personnel carrying out official duties
Birmingham City Schools, Montgomery Public Schools, and Huntsville City Schools all have extensive codes of conduct with similar lists of behavior violations as the one above. Most of these manuals for student behavior expand upon state law and allow school officials to use their own discretion when handing out punishments for student misbehavior. Administrators may choose to remove a student from their school if they feel the misconduct warrants it, and in most cases, they'd be able to use the broad powers they're given in the code of conduct as a basis.
As a result, students could be sent to an alternative high school for relatively minor offenses—or even offenses they had nothing to do with but happened to be in the wrong place at the wrong time.
What Happens When an Alabama High School Student Gets Expelled?
Once a student has been accused of a behavior violation, a disciplinary process starts. The procedures may vary between schools and districts, but in the case of removals, they generally resemble the following process:
- Conference or hearing with the student, their parent/guardian, and a school administrator
- Decision regarding the student's removal (including terms and duration)
- Appeal (if the student or parent decides to appeal)
Per Alabama Administrative Regulation 290-3-1-.02, school boards must offer an appeal process to students who are facing suspension or expulsion for their actions. Students must be guaranteed due process as well, meaning that they have a right to know what they are accused of before the punishment takes effect.
Some schools, like Montgomery Public Schools, allow students to identify witnesses who can testify on the student's behalf during the conference. Most schools also let students provide evidence, such as supporting documentation, to argue against the charges.
Although the exact procedures may differ by school board, every student is guaranteed the right to explain their side of the story before a suspension or expulsion. If your child's school does not grant this right, you should appeal the school's decision on the grounds that they didn't follow proper procedure.
Holding a school to account and ensuring they stick to the rules when dealing with your student's disciplinary matter is no small feat. If you're unfamiliar with the code of conduct for your district or the principle of due process, you may not know how best to protect your child's rights. A student defense attorney-advisor can assist you with both preparing for the conference and ensuring the school follows its own rules.
Can Students Appeal an Expulsion or Alternative Placement Decision?
Yes, Alabama law requires all districts to have an appeal process for students facing serious disciplinary action.
Each district may devise their own appeal process. For example, the Huntsville City Schools expulsion appeal process is the following:
- The student's parent must submit a written request for appeal and either mail it or give it to the Superintendent. The appeal must be postmarked or hand delivered within seven calendar days of the hearing panel's decision.
- Once the Superintendent receives the written appeal, they request the evidence from the hearing, as well as the findings, conclusions, disposition, and tape recording. The Superintendent then has seven days to review the appeal and make a decision.
- The Superintendent can either adopt, modify, or disapprove all or any part of the hearing panel's findings.
- If the parent wants to appeal the Superintendent's decision, they must submit an appeal to the Board of Education.
Can You Negotiate With Your Child's School to Prevent Them from Being Expelled?
Your school district's code of conduct will state that you must follow the disciplinary procedures if you want to fight your student's expulsion decision. However, if you have the help of an experienced attorney-advisor, you may be able to reach an informal resolution—without having to go through the hearing and appeals.
National school discipline defense attorney Joseph D. Lento and the Lento Law Firm Team have achieved favorable results for students facing disciplinary measures at their high schools through negotiations with the school. If you work with a local criminal defense attorney instead of a student defense specialist, they may end up closing the lines of communication with school administrators, hindering the chance of an informal resolution.
A student defense attorney who has helped students and families all over the country, however, will know how to communicate with the school district's officials in a way that builds trust and respect. Attorney Lento and the Lento Law Firm Team have experience getting to the root of the problem and entering into frank and open negotiations with school officials in order to reach a more favorable outcome for students who face expulsion.
By getting an informal resolution, both you and the school avoid the hassle of a hearing and appeal process. Ultimately, the school wants to create a safe environment for all students, and if the administrators can be convinced that your student does not pose a threat to this, they may lessen the disciplinary action and let your student stay in their regular high school. Attorney Lento can help you have those convincing negotiations.
What Happens If an Alternative Placement Appeal Doesn't Work?
If you and your student have gone through the entire disciplinary process with the school, including the appeal, and the decision to send your child to an alternative school still stands, you may still have another option. You and your student defense attorney-advisor may be able to seek special relief such as litigation or filing a regulatory complaint.
Getting sent to an alternative school for a year is a big deal. Many students and parents don't take it lightly and are therefore ready to take further action in order to avoid it. You typically have two options for seeking relief after the appeal process is over:
- Filing a regulatory complaint: Most school boards have a formal complaint process that lets any member of the public submit a complaint regarding school-related issues in the district. Your attorney-advisor can help you locate and start this procedure. You will most likely have to fill out a form or even write a short statement explaining your complaint. Once you submit it, the board will have to review it and decide to take action.
- Filing a lawsuit: If the hearing, appeal, and regulatory complaint process still don't yield the result you and your child are looking for, you can exercise a final, drastic option. You can enlist the help of a student defense attorney to sue your child's school district. This step is huge and will most likely sever your relationship with the district, so you must consider if it's worth it. Your student defense legal advisor can help you weigh the options and decide what the best course of action is for you and your child.
To seek a positive resolution for your child in the form of a regulatory complaint or lawsuit, you will need the help of an attorney. Lawsuits against schools and school districts can be extremely complex, and if you try to handle one by yourself, you could easily become overwhelmed.
What Are the Long-Term Consequences of Being Sent to an Alternative Education Program?
Although going to an alternative school may only be temporary, it can have long-term consequences for your student. It alters their educational path and may change the trajectory of their life after high school. It can also affect students mentally and emotionally.
- Behavior stigma: Kids who attend alternative schools are often labeled as "miscreants" or "problem" children. They aren't treated like students who need to learn, grow, and develop but rather like problems that need to be fixed. Being treated this way impacts a child's mental and emotional development—if you tell a child often enough that they are a miscreant, they will believe it.
- Quality of education: Alternative schools in Alabama exist to help curb behavior problems, but this emphasis could lead to a lower quality of overall education. Students may not be able to meet state standards for education or end up falling behind their peers in regular schools. If they try to return to a traditional public school after their alternative placement, they may struggle greatly with the curriculum.
- Reputational harm: Spending a year at an alternative school is not something colleges or employers can overlook. For many years afterward, your child will have to explain why they spent one year away from their regular school, and it could ultimately damage their prospects.
- Social development: When children are taken from their normal environment, with their regular teachers, friends, and classmates, it's a huge rupture. Being placed in a new, unfamiliar school may cause a student to retreat inward and miss out on important social experiences. They may not make any new friends at their alternative school, and their social development may be stunted.
Expulsion and alternative placement can take their toll on students. It can lead to withdrawal, isolation, and depression. With depression comes risks like substance abuse, eating disorders, and suicidal thoughts. Your student may not develop the social and emotional skills to succeed in life.
When deciding what to do about your child's alternative education placement in Alabama, consider the long-term consequences it could have.
How Long Do Students Stay in Alternative Education in Alabama?
The length of a student's stay in alternative education depends on the misconduct violation that they supposedly committed. More serious violations, such as bringing a gun to school, result in a one-year placement in alternative schools. Less serious misconduct may land students in an alternative program for 30 days. Pike County Schools states that alternative education placements can be either long-term or short-term, with short-term being no more than ten days.
Will a Student Get Expelled If They Bring a Gun to School in Alabama?
Yes, the Alabama Compilation of School Discipline Laws and Regulations Page 23
16-1-24.3 requires school boards to expel students who are caught possessing a firearm "in school areas." The expulsion must last for at least one year. The law considers "school areas" as:
- School buildings
- School grounds
- School buses
- School-sponsored functions
During the one-year expulsion period for possessing a firearm, Alabama students may not attend regular classes in any public school. For most of these expelled students, alternative education services are the only feasible option. If the student is charged with a criminal offense related to firearm possession at school, they may not return to regular public schools in the state of Alabama until the criminal charges have been disposed of by appropriate authorities.
Students who have broken the rules related to drugs, alcohol, weapons, or physical harm to a person may have additional requirements before reentering regular public schools as well. These obligations vary from one board to the next but may include:
- Psychiatric or psychological evaluation or counseling
- Following a discipline plan drawn up by the school
- The parents or guardians of the student are financially responsible for their child's destructive acts of school property or persons
Can Alabama High School Students Be Expelled for Drugs?
Yes, Alabama high school students can be expelled for possessing drugs at school. Alabama law states that each board must have a clear statement about drugs and how to handle drug violations by students. Rules must be consistent with local, state, and federal law, and sanctions for possession of drugs can include expulsion.
Students who are expelled for drug-related offenses may have additional requirements to meet before being readmitted to Alabama public schools. They may have to follow a disciplinary behavior plan set out by the school, receive counseling, or have their parents pay for damages they've caused, if any.
Can Students With Disabilities Be Expelled From Alabama High Schools?
Yes, students with disabilities can still be expelled from their regular high school for disciplinary reasons. If the student has a 504 plan, then the alternative school that they attend must ensure that accommodations, aids, and services are available to meet the requirements of the plan. Most districts handle the expulsion of students with disabilities on a case-by-case basis, so you should check the code of conduct for your district.
The Mobile County Public Schools Code of Conduct, for example, states that disabled students may be expelled by the school principal for violating the code of conduct if the school's IEP Team determine that the student's misconduct was not a manifestation of their disability. The disciplinary process also adds a step requiring the IEP Team to meet and review the case before the expulsion decision can be final.
How Can an Attorney-Advisor Help Alabama Students Facing Alternative High School Placement?
If your child is about to be expelled and sent to an alternative school for disciplinary reasons, you should consider enlisting the help of a student defense attorney-advisor. Although expulsion from school isn't a legal matter, it's still vital to have someone with proper legal training if you want to defend your child's rights.
A student defense advisor can help you and your child create a defense strategy that you can use at your child's expulsion hearing. Students should be allowed to present evidence and argue in their own favor as to why they should not be expelled at this hearing. An attorney-advisor can help you and your student prepare your statements for the hearing and gather documentation to support your position. If the school district allows the student to have character witnesses, the advisor can help you select these people.
An attorney-advisor can do more than just represent you at the hearing. They can also negotiate with your school's administrators and comb through the code of conduct to ensure the school is granting your child due process. If the hearing doesn't result in the resolution that you want, the advisor can also help you prepare an appeal. If the matter goes far enough, an attorney-advisor can even help you take legal action against your child's school district.
Call the Lento Law Firm and Protect Your Child's Future
Our team handles many student discipline cases, including ones in Alabama. We have experience helping students and parents deal with serious disciplinary issues such as suspensions, expulsions, and removals to alternative education programs. We understand the stress you and your child must be under throughout this process, and we're ready to offer both guidance and support.
If your child is facing placement in an alternative education program in Alabama because of a disciplinary matter, contact the Lento Law Firm team by calling 888-535-3686.
