Every young person in Nevada is entitled to an education. However, on some occasions, a student may have behavioral, academic, or social needs, which means they face disciplinary action. In serious cases, disciplinary sanctions can result in expulsion and placement into temporary or alternative education programs.
To help you understand how alternative education works in Nevada, here's an overview of FAQs about the disciplinary process and how the Lento Law Firm can help.
What Is Expulsion?
Expulsion is defined in the Nevada Revised Statutes (NRS) Section 392.4603. To be expelled means to be removed from the school for at least one semester.
- Expulsion can be temporary, meaning the student anticipates returning to the same school or at least another school in the same district.
- However, expulsion may also be permanent, meaning a student must complete their education in an alternative setting, such as a disciplinary program.
Expulsion vs. Suspension
Expulsion differs from suspension, as suspension is more of a short-term measure. Students are normally not suspended for more than a few days or weeks at a time.
Suspension can also be “in-school,” meaning the child is isolated from regular classes but still attends the campus, or “out-of-school,” meaning the child can't attend school or school activities until the suspension ends.
When Can a School Suspend or Expel Students in Nevada?
Every school has its own rules, regulations, and honor codes that students must follow. Students may be suspended or expelled for violating these rules in some way.
Acts that may result in suspension or expulsion include:
- Behavior that results in physical harm to another pupil or employee.
- Acts that compromise the safety of the school, e.g., bringing a firearm onto campus.
- Behavior that disrupts the learning environment for other students.
- Actions that disrupt the orderly running of the school.
Examples of behavior that could result in disciplinary action include cheating, fighting, vandalism of school property, and drinking on school property. You should refer to the school's handbook for more information regarding behavior that may result in suspension or expulsion.
How Is Restorative Justice Used in Nevada Schools?
Although students can be expelled or suspended, this should rarely be the default action. In fact, in most cases, Nevada schools are required to implement an action plan based on “restorative justice” before they can suspend or expel a student (NRS 392.472).
Restorative justice is about educating students about the rights and wrongs of their behavior, rather than punishing them. The aim is to increase accountability, promote better behaviors, and foster positive relationships on campus. Specific interventions may include referrals to external services, such as counselors, but this is not required.
Schools are expected to use restorative justice and help students “right” the wrongs before they can expel or suspend them. Only in very limited and serious circumstances can schools suspend or expel a student without using a restorative action plan first.
If a school requires your child to agree to a restorative behavioral plan, it's important you understand how the plan works and what could happen if your child deviates from the rules. In all cases, the school must treat your child fairly, support them, and take steps to avoid unnecessary suspension or expulsion.
If you're concerned about whether a school is upholding its obligations to your child, call Joseph Lento and his Education Law Team at 888.535.3686 without delay.
Is Expulsion a Punishment of the Last Resort?
Yes. Restorative justice plans are a cornerstone of Nevada education – they're designed to keep children in the classroom and reduce the need for temporary placements. Expulsion should, then, always be a punishment of a last resort when, for example, a student fails to follow their restorative plan or their behavior is deemed so unsafe and disruptive that expulsion is the only option.
Disabled students, or those with special needs, have additional rights which may affect when a school can expel or suspend the child.
When Is Expulsion Required in Nevada?
Expulsion is rarely a requirement. However, under NRS 392.466, students may be automatically expelled from school in the following circumstances:
- They commit battery resulting in injury to a school employee.
- The student sells or distributes controlled substances on campus.
- They are deemed a “habitual disciplinary problem.”
“Habitual disciplinary problem” is defined in NRS 392.4655. Essentially, a student may fall into this category if they:
- Attempt to extort or threaten a pupil or school employee.
- Initiate two or more fights which have resulted in a suspension.
- The pupil has been suspended five or more times.
Before determining that a child has a long-term disciplinary problem, the school should liaise with the parent(s) and pupil to come up with a behavioral plan. Only if the student fails to adhere to the behavioral plan or remedial action fails should expulsion be considered.
What Happens to Expelled Students in Nevada?
Students are expelled when, according to the school, restorative justice has failed, and there's no alternative other than excluding the student from the school. The student cannot return to campus until the expulsion ends, so in the meantime, they must either be suitably homeschooled or placed into an alternative education program.
What Is a Disciplinary Placement?
A disciplinary placement, or alternative education program, is a program designed for students who have been suspended or expelled from their regular school. The aim is to help students with social, behavioral, or academic concerns complete their education while they can't attend their normal classes.
Placements are usually temporary, meaning there's the hope of the student returning to mainstream schooling. Alternative education ensures that children don't miss out on crucial learning time just because they have been suspended or expelled for a disciplinary matter.
How Do Alternative Education Programs Work in Nevada?
Alternative education programs vary by county. However, they're all designed to support students who have been suspended or expelled and require education in the meantime.
- The emphasis is on teaching the student self-awareness and how to think through the consequences of their actions.
- Students may be allowed to attend on a more flexible schedule or even attend evening classes.
- All students are expected to take responsibility for their learning and academic progress.
The difficulty is that alternative program staff may not have the time or the resources they need to fully support each student. This is especially true if there are disruptive or difficult children in the classroom. Even if your child is committed to getting the most from their placement, it may not be the right learning environment for them.
What Is Teaching Like in Alternative Education Programs?
Teaching staff should always do their best for children, especially those with more complex behavioral needs. However, alternative schools may lack the same resources as regular schools, so the teaching quality may be less predictable.
There's an increased risk that your child could lose progress, especially if they're a bright student who can handle more challenging academic work. Students may lose motivation and pay less attention to their studies – which could start a vicious cycle of behavioral problems.
How Long Do Disciplinary Placements Last?
Alternative placements can last anything from a few weeks to a year or more. It depends on why the child is receiving alternative education. It's common for placements to last at least a semester, and more serious school rule violations will result in longer placements.
Can My Child Ever Return to Regular Schooling?
Yes. Alternative programs should be temporary. Only in very serious circumstances do students remain in alternative programs for the duration of their studies.
However, depending on what happened, there's no guarantee that the student can return to their old school. The school must ensure you understand whether your child can return to the school after the placement ends so you can make alternative arrangements if required.
Will a School Expel My Child Without Warning?
In most cases, a school can't permanently exclude your child without:
- Formally notifying you of the proposed exclusion.
- Giving you (and your child) the opportunity to respond to the accusations and appeal the proposed exclusion.
- Determining a plan based on restorative justice to protect the child's best interests.
Schools can, however, remove the child from the classroom on a temporary basis without giving you a warning that they will do so. They can also immediately remove a child from school grounds if they're carrying a dangerous weapon such as a firearm, but even still, they can't expel the child without giving you notice of the proposed actions.
Will My Child Be Expelled for Having a Gun?
Yes. A NV school must expel a child for a period of at least one year if they're carrying a firearm to school or to a school-sponsored event. A subsequent offense will result in permanent exclusion from that school.
The school superintendent may, in very limited circumstances, agree to reduce or override the expulsion requirement if there's a compelling reason to do so. If your child is expelled for firearm possession, call the Lento Law Firm immediately to discuss the situation.
What Are the Consequences of Alternative Education?
Young people thrive when they're among their peers. They need structure and consistency to focus on their studies and reach their full potential. Taking a child out of the classroom and placing them into alternative programs could result in significant consequences, including:
- Feelings of social isolation.
- Lack of motivation and academic progress.
- Mental health issues, e.g., depression, anxiety, stress.
- Missing out on key milestones and rites of passage, e.g., senior prom.
- Turning to unsafe coping mechanisms such as drugs and alcohol.
Young children are especially vulnerable to developing behavioral problems after expulsion, which is why they should typically never be expelled.
Can Alternative Education Stop My Child Going to College?
Alternative education may not directly stop your child from pursuing a college degree. However, not all colleges will accept a student with expulsion on their high school academic record, even if they attended an alternative education program.
When applying to college, your child should fully disclose any relevant disciplinary matters, including alternative education programs. Otherwise, if they're accepted into college, there's a chance they could be in violation of the school's conduct rules for failing to disclose disciplinary action.
Can My Child Be Expelled for Possession of Controlled Substances?
Yes. Under NRS 392.466, a child must be suspended or expelled for selling or distributing controlled substances, even if it's a first offense.
- For a first offense, the child can attend at least one semester in alternative education.
- For subsequent offenses, the child could be permanently expelled from the school without the possibility of returning to campus.
Every school district may set its own rules for excluding students for more simple drug possession infractions. However, no matter which school your child attends, there's a strong possibility drug possession will result in at least an immediate suspension.
When Is Expulsion Not an Option?
Nevada schools can't always expel a child. For example, unless it's an extraordinary situation, a school cannot expel a child under the age of 11 years. An extraordinary situation would be, for instance, a young child carrying a firearm to school.
Moreover, a school cannot – and should not – expel a child if there's a more proportionate alternative. As an example, schools can't expel a child for habitual truancy (NRS 392.467). And a school can't permanently exclude a child from the classroom without giving the student and their parents or legal guardians the chance to respond to the accusations and, where possible, prevent the exclusion from taking place.
Can a Child Be Expelled More Than Once?
Yes. A child can be expelled more than once during their school career. They can also be placed on an alternative program more than once if this is deemed in their best interests.
Once a child enters a disciplinary placement program once, there's a risk they could fall behind on their studies, lose touch with their peers, and feel isolated. This may lead to a pattern of disruptive behavior which could mean they're more likely to end up back in alternative education. The goal should always be, where possible, to keep children in regular school.
Can I Challenge a Disciplinary Placement in Nevada?
Yes. Every child is entitled to a formal hearing or conference if the school removes them from the classroom with the intention of expelling or suspending them (NRS 392.4645).
- The student and their parents are entitled to attend this hearing.
- The hearing should be held within a certain length of time. According to the NRS, the hearing must take place within three days of the child's removal from the classroom (unless the parents request a postponement to allow more time to prepare for the hearing).
- The child cannot normally return to the classroom until the hearing takes place.
The hearing is your opportunity to explain why a temporary education placement is not reasonable in the circumstances. It is therefore very important that you attend the hearing on the allocated date (or liaise with the school to reschedule the hearing so that you can attend).
What Is the Process for Appealing Disciplinary Placements?
Every school should follow certain procedures if they remove a child from the classroom with the intention of placing them into alternative education.
The exact process will vary depending on the school district and the specific school in question. However, according to the Nevada Revised Statutes, every school must follow certain procedural steps.
- The school principal must notify the child's parent or guardian within 24 hours of removing the child from the classroom (NRS 392.4645).
- A conference must take place within three days of the child's removal from the classroom unless an alternative date is agreed upon.
- The conference should include the student, the student's parents or legal guardians, the school principal, and the teacher who removed the student from the classroom.
- The teacher or principal will set out the reasons for the child's suspension from regular school activities. They may present evidence in support of their actions.
- If the parents or legal guardians attend the conference, they must have an opportunity to respond to the teacher or principal. They have the right to explain why, in their opinion, the removal of the child was disproportionate or unjustified based on the student's behavior.
- The parents or legal guardians can present evidence in support of their reasoning, such as photographs or written evidence.
- Once the conference ends, the principal will decide whether to reinstate the child to the classroom or continue with the temporary placement.
- Pursuant to NRS 392.4671, parents can appeal suspension or expulsion directly to the school board of trustees. Their decision is final.
Three days is not a lot of time to prepare for a school conference, especially when you're unfamiliar with the process. If you're notified of a school conference, contact Joseph Lento and his Education Law Team as soon as possible for guidance.
What if I Suspect the School Might Expel My Child?
Expulsion is a serious matter for any student. If there's a chance that the school might expel your child, here are some initial actions to take.
- First, reassure your child. They're probably feeling worried, anxious, or distressed, and they'll need steady guidance at this stage. This is not the time for emotions such as frustration or even anger at the situation to cloud your judgment.
- Your next step should be contacting the school – preferably in writing, so it's recorded. Ask them to explain what action they are considering and what the process will be.
- Keep records of any communication between you and the school. You can refer to this as part of the case, and it's also helpful for your attorney-advisor to look over when they're helping you decide how to approach the disciplinary hearing.
What Should I Do to Prepare for School Meetings?
The moment you're informed of a school conference or disciplinary action against your child, there are a few steps you should take.
- Ask your child what happened: Encourage your child to tell you, in their own words, what happened. Ensure they understand that you're not judging them or punishing them – you just need to know exactly what happened so you can best help them.
- Gather evidence: Anything from an email to a homework assignment could count as evidence in support of your child's case. Other potential evidence includes photographs, texts, social media posts, and feedback from teachers. If you think it might be helpful or relevant, gather it.
- Know the school codes: Your NV school will have certain rules it must follow if it wishes to discipline a student. You can find these rules in the school's handbook or conduct codes. Read over this information carefully so you know what to expect and what consequences your child might face.
- Hire representation: Disciplinary proceedings, even at the high school level, can be surprisingly complex. An attorney-advisor with experience handling student discipline matters will ensure that the school upholds due process and that all proper procedures are followed.
If you suspect that your child may be suspended, expelled, or placed on a disciplinary program, contact Joseph Lento and his Education Law Team to explore your options.
Do I Need an Attorney or Advisor?
There are many reasons why you might prefer to have an experienced advisor on your side.
- Many NV schools will allow attorneys or attorney-advisors to represent a child at disciplinary hearings. If you have the right to representation, it's in your best interests to exercise it.
- An experienced advisor will ensure that a school properly follows its own disciplinary procedures and treats your child with the respect and fairness they deserve.
- Your attorney-advisor will scrutinize all the available evidence to determine the best way to proceed. They can recommend what evidence you'll need to support your position, and they'll explain what challenges you might face.
Disciplinary placements can affect your child's long-term academic, professional, and even social development. An experienced legal representative will help to defend your child against unfair or unfounded accusations, excessive punishments, and procedural irregularities.
Get the Help Your Child Deserves to Handle Disciplinary Placements in NV
Disciplinary matters can be extremely distressing and worrying for your child. If your child is facing suspension, expulsion, or alternative education, it's vital that they have the support they need to help them through this challenging time.
Attorney-advisor Joseph Lento and his Education Law Team understand how important your child's education is. We want to do everything we can to help minimize any disruption to your child's social and academic progress. The Lento Law Firm will carefully evaluate the issues at hand and offer guidance as to how you might negotiate with your child's school. We will explain how your school's disciplinary process works and what steps you can take to prepare for a hearing. And where possible, we'll negotiate with the school directly to take the stress off your shoulders.
Let Joseph Lento and his Education Law Team be your child's advocates – call now at 888.535.3686 or leave a message online to retain our services.
