Kids make mistakes. But these days, a mistake in high school can have serious, long-lasting consequences. At one time, a behavioral problem at school might have resulted in a trip to the principal's office, in-school suspension, or even out-of-school suspension for serious matters like fights or vandalism. But now, a series of smaller behavioral problems at school or a big problem can lead to long-term suspensions, expulsions, and placement in an Alternative Education Program (AEP). While AEPs serve a purpose for students with serious behavioral issues, allowing schools to keep the rest of their students and staff safe, they can also be used to punish kids who don't really belong there.
Age-appropriate misbehavior shouldn't lead to expulsion and AEP placements, but today's zero-tolerance policies often result in overreaction and over-punishment. However, a child expelled or put in an AEP program is more likely to drop out of school or fail to go on to college. That's why it's so important to understand the consequences of an “alternative education program” (AEP) placement. If your child faces a potential AEP placement or expulsion, you need help from the National Education Law Team at the Lento Law Firm. Call today at 888-535-3686.
Can My High School Student Be Expelled in Alaska?
Alaska law requires school districts to establish rules, procedures, and guidelines for disciplining students. These rules and procedures are typically included in a student code of conduct or handbook and must address routine discipline and chronic or serious discipline:
(a) Each school district shall develop and adopt policies regarding student rights and responsibilities. These policies must address both substantive and procedural matters relating to standards of student behavior, treatment, and discipline. A uniform discipline policy must be in effect throughout the district for the purpose of establishing standards and procedures in matters relating to student discipline. The procedures, at a minimum, must address the following:
- routine discipline case procedure; and
- chronic or serious discipline case procedure.
- All district policies must be consistent with the federal and state constitutions, state statutes, and regulations as written or construed by courts of competent jurisdiction.
- The use of corporal punishment in Alaska public schools is prohibited.
While schools must follow federal and state law, districts are still given wide latitude in determining what violates a school's code of conduct. Some common violations include:
- Alcohol or drug use,
- Alcohol or drug possession, whether on or off campus,
- Bullying and cyberbullying,
- Vandalism or destruction of school or other personal property,
- Misusing school electronic devices or computer networks,
- Sexual harassment,
- Sexual assault and violence,
- Assault, battery, and other violent crimes against students and staff,
- Criminal behavior that happens in or out of school,
- Bringing a firearm to school, and
- Any behavior the school believes disrupts the classroom or the school's learning environment.
Many of these school conduct violations are subjective, meaning the administration's biases can play into your child being punished. Or your child could face multiple violations for small infractions, leading to more serious punishments like expulsion.
How Does a Suspension or Expulsion Happen in Alaska?
Alaska law and regulations dictate how a suspension or expulsion must happen. However, they still offer wide latitude to schools and school administration to determine how and when to expel or suspend students. Under Alaska law, the school can suspend or expel your child for:
- continued willful disobedience or open and persistent defiance of reasonable school authority;
- behavior that is inimicable to the welfare, safety, or morals of other pupils or a person employed or volunteering at the school;
- a physical or mental condition that, in the opinion of a competent medical authority, will render the child unable to reasonably benefit from the programs available;
- a physical or mental condition that, in the opinion of a competent medical authority, will cause the attendance of the child to be inimicable to the welfare of other pupils;
- conviction of a felony that the governing body of the district determines will cause the attendance of the child to be inimicable to the welfare or education of other pupils.
Alaska regulations allow the superintendent or principal to suspend a student under Alaska Statutes § 14.30.045 discussed above. The regulations detail medical conditions allowing a child to be denied school admission. However, the regulations also clarify that only the “governing school board in a district school” can expel students or deny them admission. Moreover, any student expelled or suspended under Alaska law or regulations may appeal to the school district board.
What Happens if My Student is Expelled from High School in Alaska?
If your child is expelled or receives a long-term suspension in Alaska, they must still attend school. However, their home school may no longer be an option. Under Alaska law, a school district can consider any full-time student in high school, meaning grades nine through 12, for placement in an “alternative education program” (AEP). An AEP is any “public secondary school that provides non-traditional education.” AEPs can come in many different forms in Alaska, including:
- Homeschooling,
- Vocational schools,
- Charter schools,
- Remedial schools and programs,
- Correspondence schools,
- Online or virtual school,
- Work-study programs,
- Theme-based instruction programs and
- Alaska Military Youth Academy
Alaska's administrative code implementing the state's education law allows placement for students who present “a high risk of failing to graduate” if they have:
- Truancy, chronic tardiness, or absence issues,
- Missing credits because of failing grades or missing classes,
- A high risk of dropping out,
- Academic performance below the proficient range,
- Serious discipline issues, or
- Other barriers to graduation.
At-risk issues or other barriers to a student's graduation can include:
- Poverty,
- Homelessness,
- Substance abuse,
- Alcohol abuse,
- Teen pregnancy,
- Mental health issues, and
- Unaddressed health problems.
However, there are only 12 formal alternative schools in the Alaska Alternative Schools Coalition (AASC), created in conjunction with the Alaska Department of Health and Social Services' Division of Behavioral Health. The AASC provides programming for students, health-enhancing services, and strategies to develop the trauma-based needs of its members. All of this happens in conjunction with a common academic curriculum.
When Can My Child Return to School After a Removal in Alaska?
Under Alaska law, expulsions can't last longer than one year. However, the school can also return them to the regular school setting earlier if the reason for the expulsion is no longer an issue. The law allows for readmission if the problem “reasonably appears that the cause has been remedied” or “when the child is obviously recovered or presents to the governing body a statement in writing from a competent medical authority that the child is no longer afflicted with, or suffering from, the physical or mental condition to the extent that it is a cause for suspension or denial of admission.”
What Are the Problems with Alternative Education Programs in Alaska?
Alternative Education Programs can be helpful for students who need a plan to modify recurrent misbehavior or serious discipline matters. In some cases, they can help students return to their home schools after removing potential barriers to graduation or alleviating situations that can put students at risk of dropping out. But in many cases, an AEP placement can escalate or cement misbehavior in school. If staff or administrators treat a student as a “problem” student, they can be mislabeled as bad kids, and AEPs may be used punitively to get a challenging kid out of the way.
Students placed in AEPs may also face:
- Falling behind on the standard curriculum,
- A lack of honors and AP courses, art and music, technology, or Vocational programs,
- Teachers who lack the expertise and experience for students,
- An outdated curriculum or teaching methods, and
- Behavioral and social issues among much of the student population.
If your child faces a potential AEP placement, it's important to understand the consequences and how they can affect their future.
Will My Student Face Expulsion for Bringing a Gun to School in Alaska?
Your child may face expulsion if they bring a gun onto school property. Alaska law prohibits anyone from bringing a gun onto school property:
(a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly
(1) possesses a firearm during the commission of an offense under AS 11.71.010 - 11.71.040;
(2) violates AS 11.61.200(a)(1) and is within the grounds of or on a parking lot immediately adjacent to
(A) a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or
(B) an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children
This is a Class B felony in Alaska. Your student could face a charge of “misconduct involving weapons in the fourth degree” if they knowingly possess a deadly weapon or a defensive weapon:
Within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 USC 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession.
Aside from potential criminal charges, under Alaska law, a school must expel a student who brings a gun to school without permission for at least a year:
(a) Notwithstanding any other provision of law, a school district shall
(1) expel for at least one year a student who violates AS 11.61.210(a)(8) while possessing a firearm, as that term is defined under 18 USC 921;
(2) suspend for at least 30 days, or expel for the school year or permanently, a student who violates AS 11.61.210(a)(8) while possessing a deadly weapon other than a firearm as that term is defined under 18 USC 921.
A school administrator can decide on a case-by-case basis whether to allow the student to remain in the school.
What if My Child Has a Disability That Impacts Their Behavior?
If a student has a disability, the school will still hold them to the same code of conduct as all students. However, federal law protects these students' access to a public education. Under federal regulations, if a school suspends or removes a child with a disability for ten days cumulatively during the school year, they are entitled to a review “so as to enable the child to continue to participate in the general education curriculum…and to progress toward meeting the goals set out in the child's IEP.” CFR § 300.101(a).
Under the Individuals with Disabilities Education Act (IDEA), if your student reaches the ten-day threshold of suspensions or class removals, the school must complete a Manifestation Determination Review (MDR) before suspending or expelling them. The MDR aims to determine whether a student's disability, whether diagnosed or not, contributed to their conduct. The MDR panel will include you, your child's teachers, administrators who know them well, and any professionals your child sees, such as a doctor, counselor, or therapist.
If the MDR team determines that your child's behavior was caused in whole or in part by their disability or the school's failure to implement an Individualized Education Plan, the suspension or expulsion may be rescinded. The school will then implement an IEP, adjust it if needed, and return your child to school. If the MDR panel finds that your child's behavior wasn't the result of their disability, they may be placed in an alternative education program.
Can I Challenge an MDR Decision in Alaska?
Yes, you can appeal an MDR decision. If your child has a disability, you can request a due process hearing on “any issue related to identification, evaluation, or educational placement of the child, or the provision of a free, appropriate, public education to the child.” You can request a due process hearing by giving written notice to the school district within 12 months of the notification the school gives you of the placement or educational decision.
State law establishes strict timelines and procedures for the school to contact the Alaska Department of Education to request a hearing officer:
If a due process hearing is requested by either a school district or a parent, the school district shall contact the department to request the appointment of a hearing officer. The department shall select a hearing officer through a random selection process from a list maintained by the department under (g) of this section. Within five working days after receipt of the request, the department shall provide to the school district and the parent a notice of appointment, including the name and a statement of qualifications, of the hearing officer that the department determines is available to conduct the hearing.
You and the school district can reject one proposed hearing officer. After you have a hearing officer, they will inform you of the potential for mediation to resolve the conflict. If mediation can't resolve the issue, the hearing officer will conduct a hearing following the regulations established by federal law.
The hearing officer will then issue a written decision either upholding the district's decision or overturning the “school district's decision with specific instructions for modification of the identification, evaluation, educational placement, or provision of the education program by the district.” This decision is final and binding on the district unless appealed to the superior court. You can appeal this final administrative decision within 30 days, and the school district will prepare the administrative record from the proceedings below. It's important that you have an attorney-advisor from the Education Law Team at the Lento Law Firm during every step of this process. We can protect your child's rights during mediation, the hearing, and any possible appeal and ensure that all the relevant evidence supporting your child is on the record.
Can I Challenge an Expulsion in Alaska?
Yes, you can appeal a long-term suspension or expulsion in Alaska. Regulations governing education law in the state specifically give the school district's board the power to hear challenges to expulsions or suspensions. However, Alaska law doesn't codify the process for appealing. It doesn't even specifically discuss the notice required to parents for suspensions or expulsions. However, you, your student, and your attorney-advisor have a right to be heard if a principal recommends expulsion for your child.
The specific procedures for expulsion by the school board are left up to the school district and are found in each school district's specific policy and procedures. Most local attorneys will not be familiar with Alaska education law or your school district's specific policies and procedures. That's why you need the nationwide Education Law Team from the Lento Law Firm to ensure your school district gives your students the due process to which they're entitled.
What Actions Should I Take if My Child Faces Suspension or Expulsion in Alaska?
There are some actions you can take immediately if you think your child is facing expulsion, suspension, or potential AEP placement:
- Talk to your child. Listen to their side of the story and take notes or record it. Be sure to ask your child for details about when, where, and white time. The incident occurred, and who may have witnessed it? Also, ask about the hours and days leading up to the incident and whether the actions of another student or teacher contributed to the event or if it was the result of bullying or self-defense.
- Talk to the school about what happened, asking for as many details as possible, including who was involved and who witnessed the incident. If there are cameras in the school, ask for any relevant video footage.
- Whenever possible, communicate with the school administrators and teachers in writing. If that's impossible and you have a conversation in person or on the phone, take detailed notes. Then, send a follow-up email with your understanding of the conversation.
- Save any relevant information you have at home, including assignments, teacher notes and comments, progress reports, report cards, testing results, and emails and voicemails.
- If your school uses a messaging app to communicate with parents, make relevant screenshots for anything you need to save. Be sure to save anything the school sends home regarding disciplinary actions, punishments, or hearings.
- If your student has any injuries, including scrapes, bruising, or redness, document them with photos or a trip to the doctor.
- Read the student handbook, noting procedures for investigating misconduct, hearings, appeals, and potential punishments.
- Call the Education Law Team at the Lento Law Firm. We help families like yours nationwide through school disciplinary proceedings, hearings, and appeals. We can help you, too.
You Need an Experienced Education Legal Advisor During Your Child's Alaska Disciplinary Process
If your student faces a serious disciplinary matter and could face an expulsion or suspension from an Alaska school, an alternative education program placement could be a serious risk to their education. Determining the procedures in your Alaska school district, your student's hearing rights, and any possible appeal rights can be challenging without experienced legal guidance. The skilled Education Law Team at the Lento Law Firm has the experience and know-how to fight the Alaska school district system. Call today at 888-535-3686 or contact the Lento Law Firm online to schedule a consultation.
