Kids get into trouble; it just happens. Students in school aren't just learning the basic subjects but also important life and social skills. However, learning is a process, and we expect children to mess up occasionally. Until a few decades ago, most school discipline happened internally. But, more serious problems and an onslaught of gun violence have led many schools to adopt zero-tolerance policies. Many schools use suspensions and expulsions liberally, removing children from school for what should be considered age-appropriate misbehavior. The district's public school policies do make an effort to keep kids in school as much as possible, but that's not always what happens in practice. The DCPS's K-12 student discipline policy states:
DCPS believes that schools should do everything they can to keep students in school and in-class learning with their peers. Removing students from school, even for a day, should be viewed as a last resort, and schools should document all of the supports and interventions that they are implementing if they believe that the only option remaining is to refer a student for suspension or disciplinary unenrollment.
Once a child faces a long-term suspension or expulsion, the school may move them to an "alternative education program" (AEP) outside their traditional school setting. In the past, we called it "reform school." But even if a school truly believes that a suspension or expulsion. If appropriate, it can still have a long-term negative effect on your child. Research shows that kids who are suspended or expelled are more likely to drop out of school and are less likely to attend college. That's why it's important to understand the potential consequences of an expulsion and AEP placement in the D.C. school system. If your child is facing an expulsion or AEP, you need help from the National Education Law Team at the Lento Law Firm. Call them today at 888-535-3686.
Can My High School Student Be Expelled in Washington, DC?
In DC schools, your high school student can face expulsion for serious misconduct. Washington, DC law requires that all "local education agencies," D.C.'s version of a school board, must implement school discipline policies to keep students and staff safe and promote well-being. These policies are usually contained in school codes of conduct, and the D.C. Public School System (DCPS) has a K-12 disciplinary policy for the entire city. Each student and parent receive a copy of the code of conduct when enrolled each year. You and your student must sign a copy of this code acknowledging you've received it. As a result, ignorance of school policies or prohibited conduct is not an excuse for violating the code of conduct.
Serious violations of the school's code of conduct can result in suspension or expulsion. However, D.C. law limits how and when a school can use a long-term suspension in public and public charter schools. No student can be suspended for more than 20 days cumulatively without a written justification from the superintendent, or the removal was an emergency supported by a written justification.
The rules for suspensions and expulsions also vary based on the student's age. For kids in grades K-5, neither suspensions nor "disciplinary unenrollment" are allowed "unless a school administrator determines, consistent with school policy, that the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person, including behavior that happens off school grounds." High school students also can't face suspension or expulsion for minor infractions. Under D.C. law, they can't face out-of-school disciplinary action for:
- Violating local education agency or school dress code or uniform rules;
- Willful defiance; or
- Behavior that happens off school grounds and not as part of a school-sponsored activity unless the student has willfully caused, attempted to cause, or threatened to cause bodily injury or emotional distress to another person.
Schools also can't suspend or expel students for unexcused absences or tardies until they've reached an "accumulated 20 or more consecutive full-school-day unexcused absences." Your student is also entitled to due process for any long-term suspension of six days or more.
How Does a Suspension or Expulsion Happen in Washington, DC?
In DC, the schools can use suspension and expulsion for only serious code of conduct violations of tier four or five. Examples of serious infractions that can result in suspension or expulsion include:
- Bringing a firearm to school,
- Assault, sexual misconduct, or other serious safety issue,
- Theft of school property with force,
- Contaminating food,
- Bomb threat,
- Assault with a weapon, or
- Possession or distribution of alcohol or drugs.
If a proposed suspension or expulsion is six days or more, your student is entitled to due process, and the school must follow DCPS procedures:
- The school must notify the DCPS Chancellor, you, and your student in writing,
- You and your student have a right to have a representative or attorney,
- You can challenge and question witnesses,
- Challenge and submit evidence and
- Contest testimony and present witness testimony.
Once a child is expelled, the school system can move them to a "supervised program" or "special class" at home or in an alternative education program (AEP), also called an alternative education school (AES). If the school places your child in an AEP, they must also have an "Education Plan" in place.
- For suspensions for fewer than 11 days, the principal must use an Education Plan that will meet your student's needs academically and allow them to complete any missed classroom assignments or exams without penalty.
- If a suspension or expulsion is 11 days or more, the school must put your student in an AEP that allows your child to earn credits toward advancing to the next grade or graduation.
Your best chance to contest a suspension or expulsion may be before any hearing happens. That's why you need the Education Law Team from the Lento Law Firm involved from the beginning. We can help you through the process, negotiate with school representatives, and represent your student in a hearing or appeal if needed.
What Happens if My Student is Expelled from High School in Washington, DC?
If the school expels your child from their Washington, DC school, they still have the right to attend school. Under D.C. law, DCPS and the school can't deny your student's right to "continue to access and complete appropriate academic work or to earn credit toward promotion or graduation during a suspension." As a result, they will develop an Education Plan that allows your student to continue their education in an Alternative Education Program. D.C. Code allows the D.C. State Board of Education to create AEPs for students expelled from traditional public or charter school schools. They must provide "full-time equivalent instruction" for students ages 13 to 24.
DCPS also uses AEP placements for at-risk students according to a list of eligible requirements. At-risk students include those who:
- Are homeless,
- Currently under the jurisdiction of the D.C. Child and Family Services Agency (CFSA),
- Eligible for the Supplemental Nutrition Assistance Program (SNAP),
- Qualify for Temporary Assistance for Needy Families (TANF),
- Are one year or more older than the expected age for their enrolled grade,
- Expelled from an earlier school,
- Under court supervision or
- Have a history of short or long-term suspensions.
An AEP in D.C. must meet the district's requirements for break periods, standardized tests, and hours of instructional time. However, it can be challenging for an AEP to meet all the academic requirements of your students. They often have fewer resources, few advanced classes, fewer enrichment, music, or art programs, and fewer options for special education students. AEPs can be useful for some students to break old behavior patterns, but in many cases, poor behavior is exacerbated by the behavior of other students.
In DC, most students placed in an AEP have committed tier four or five offenses involving serious safety issues to themselves or others. However, in some cases, students can end up in an AEP after a pattern of chronic lower-level violations like willful disobedience, failing to comply with teachers and staff, interrupting in class, or using offensive language.
If a student is placed in an AEP for any offense, even a lower-tier offense, for even a short time, they can be branded as a delinquent to teachers and staff, sometimes resulting in unfair punishments, bullying, or overzealous scrutiny of their behavior. This can result in social isolation, poor self-esteem, depression and anxiety, and other academic issues. AEPs can negatively affect your student's education and their mental health.
An AEP placement and expulsion typically can't last longer than 12 months. When it's time to return to the traditional school setting, your student's return can't be "contingent on a parent accompanying the student, attending a conference, or otherwise being present at the school." If your student is at risk of an AEP placement, a long-term suspension, or even a short-term suspension that can impact their academic record, it can lead to serious repercussions for your child later in their academic career. That's why you need a student defense advisor from the Lento Law Firm's Education Law Team. We can help negotiate with schools, represent your student during a due process hearing, Administrative Office of Hearings follow-up, or any necessary appeals. You'll want to do as much as possible to protect your child from an AEP setting.
Will My Student Face Expulsion if They Bring a Gun to School in Washington, DC?
Your student may face expulsion for a year for bringing a firearm to school.
D.C. law mandates expulsion for at least a year for any student who brings a firearm to school:
Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.
However, D.C. law is unique from other states in that the law expressly accounts for students with disabilities and the Individuals with Disabilities Education Act (IDEA) and a Manifest Determination Review (MDR). The superintendent can reduce the one-year expulsion based on extenuating circumstances as well.
Aside from expulsion from school, bringing a firearm anywhere near a school in D.C. is a criminal offense. Under D.C. law, all areas within 1,000 feet of a school in the district are "gun-free" zones. In these zones, the penalties for carrying a gun are enhanced:
(b) Any person illegally carrying a gun within a gun-free zone shall be punished by a fine up to twice that otherwise authorized to be imposed, by a term of imprisonment up to twice that otherwise authorized to be imposed, or both.
Because your child could face expulsion, placement in an AEP, and criminal charges for bringing a gun to school, it's essential that you contact the nationwide Education Law Team at the Lento Law Firm right away.
What if My Child Has a Disability That Impacts Their Behavior?
If your child has a disability that affects their behavior, D.C. schools must consider this before suspending or expelling your student. Students with disabilities must comply with the same rules and regulations as all children in the D.C. public and public charter schools. However, federal and district laws ensure that your child still has access to an education. The Individuals with Disabilities Education Act (IDEA) mandates that the school first perform a Manifestation Determination Review (MDR) if a suspension or expulsion will remove your student from school for a cumulative total of ten days. D.C. law goes even further, limiting suspensions to five days for one incident and ten for the school year cumulatively before triggering an MDR panel.
The MDR panel will include you, educators, and administrators who know your child well. If your student sees a therapist, doctor, or counselor, they can also participate in the MDR panel. The MDR panel must determine if your student's behavior was caused or exacerbated by a disability, whether diagnosed or not. Or if the behavior was caused by the school's failure to implement an Individual Education Plan (IEP) properly. If the MDR team decides that your child's disability or the school's failure to implement an IEP did cause the behavior, they must remedy the situation by implementing or adjusting an IEP as necessary. Your child can then return to school. If the MDR panel decides that your child's behavior wasn't a result of their disability or the school's failure to implement an IEP, the school can continue with the suspension or expulsion. The school can also place your child in an AEP.
Can I Challenge an MDR Decision in Washington, DC?
You can challenge an MDR or IEP decision you disagree with in the D.C. schools. To challenge an MDR, you should file a written complaint with the Office of the State Superintendent of Education. The Office of Dispute Resolution (ODR) will then notify you of your options:
- Mediation: You and the school can agree to use a neutral, third-party mediator to resolve your MDR or IEP dispute. You and the school representatives must come to an agreement; the mediator does not issue a ruling. The mediator simply assists both parties in getting to that point.
- Due Process Complaints: If mediation doesn't resolve the issue, you or the school can request a due process hearing under federal IDEA regulations and D.C. law.
If you request a due process hearing, the Office of Dispute Resolution will appoint an impartial contractor to oversee the hearing. The hearing officers are attorneys with experience in special education law; they are not employees of ODR. The resolution process lasts 30 days, during which the hearing will occur. Then, the ODR hearing office must issue a binding decision within 45 days.
You don't have to have an attorney for the mediation or due process hearing. However, you have the right to have an advisor or attorney represent you, giving you the best chance at a good outcome. The Education Law Team at the Lento Law Firm has successfully helped many people across the country through this process, and they can help you, too.
Can I Challenge an Expulsion in Washington, DC?
Yes, you can challenge an expulsion from D.C. public schools. If your student's school suspends or expels them for six days or more, DCPS must schedule a hearing with the D.C. Office of Administrative Hearings (OAH). In the hearing, the administrative judge will determine:
- Whether DCPS followed all due process requirements, including giving you and your student notice, holding a conference with you before the disciplinary action, and allowing you access to your student's records before the hearing.
- Whether the alleged misbehavior happened and the disciplinary "tier" it falls under, upholding only those in level four or five. If the tier of the misbehavior is only levels one to three, the school must reduce the punishment.
- Whether to recommend a reduced punishment for a level four or five infraction.
While the OAH judge can recommend a reduced punishment, the school has the ultimate decision over the punishment for a level four or five infraction. After the OAH decision, the matter will then go back. To DCPS for a "final notice of disciplinary action."
If you disagree with the OAH judge, you can ask them to reconsider within one day. Your written request should contain your basis for appeal, including any supported reasoning. If you can show that the judge made an error of fact or in interpreting the law, or if you can produce new evidence, the OAH judge may change their final order or schedule a new hearing. However, this process can be challenging for anyone without the necessary background in education law and procedure. That's why it's important that you contact the Education Law Team at the Lento Law Firm as soon as possible. We can ensure you present the best possible defense at an OAH hearing or appeal.
What are the Most Common Problems with Alternative Education Programs?
AEPs in D.C. must follow the regulations and standards created for all alternative programs in the district, but they can still leave your child behind academically. AEP programs often have fewer resources as well as:
- Outdated teaching methods,
- Fewer student academic support,
- Fewer special education resources,
- Fewer advanced placement or advanced class opportunities,
- Outdated curricula,
- Limited extracurricular activities, sports, music, theater, or other opportunities, and
- Problematic behaviors from other students.
Moreover, placement in an AEP can lead to a loss of social life, social skills, and mental health issues.
You Need an Experienced Education Legal Advisor for Your Student's Potential Expulsion
If your child faces a potential long-term suspension or expulsion in Washington, DC, they could also face placement in an Alternative Education Program. You may not know what will happen next or who you can turn to. You may be worried about the potential consequences to your student's future but not even fully understand what those consequences may be. The DC education law process can be challenging to navigate without extensive experience and education in education law. But you don't have to go through this alone. The experienced Education Law Team at the Lento Law Firm have the know-how and legal chops to fight this rigged system. They've helped many families across the country successfully challenge school discipline actions, expulsions, and AEP placements. They can help you from the beginning by negotiating with school officials and guiding you through the hearing and appeal process if necessary. Don't fight this alone; let us help ensure your student gets the education they deserve. Call us today at 888-535-3686 or contact the Lento Law Firm online to schedule a consultation.
