FAQ: Expulsion and Disciplinary Placement in Delaware High Schools

If you have kids, you know they sometimes get into trouble at school. Twenty or thirty years ago, a teacher or a principal might call a parent in for a conference, assign detention, or even in-school suspension. Occasionally, a kid might be suspended for a day or two for more serious matters. But today, students, staff, and teachers face more danger in school; mental health can be a serious issue, and bullies can be online and not just in the school. As a result, many school districts have enacted zero-tolerance policies for many behaviors. While this can keep students and staff safer in some cases, in others, no tolerance can lead to serious repercussions for age-appropriate misbehavior.

While there are times when a suspension or even expulsion from a public school is necessary, research shows that suspending or expelling a student from school can have long-term consequences, including higher dropout rates. Kids with suspensions or expulsions on their records are also less likely to attend college or trade schools. That's why it's so important for you as a parent to understand what can happen when your student gets in trouble at school and the potential consequences of an “alternative learning plan” or “alternative education program” (AEP). In this FAQ, we'll tackle some of the most common questions we get from parents about expulsions and AEP placements in Delaware public schools. If your child is facing a potential expulsion or suspension, you need to discuss your options with the National Education Law Team at the Lento Law Firm. Call them today at 888-535-3686.

What Disciplinary Measures Do Delaware Schools Use?

Most of us are familiar with detentions and suspensions in school, but Delaware school districts have an entire range of disciplinary actions they can take when your child is in trouble at school, including:

• After school detention,
• Saturday detention,
• In-school suspension,
• Out-of-school suspension,
• Expulsion,
• Alternative education program placements,
• Volunteer work at school or for the district, and
• Restitution, like cleaning up graffiti or desks.

But sometimes, your child may run into a zero-tolerance policy that requires suspension or expulsion. In other cases, your child may become branded as a troublemaker because of a simple mistake. This can lead to a cascade of discipline matters being treated more harshly because of the bias of a teacher or the administration.

Can My High School Student Be Expelled in Delaware?

Your high school student can face expulsion if they violate a serious rule in the school's code of conduct or engage in several smaller violations. Delaware's code requires the school board in each school district to set district education policies and create rules and regulations to manage the conduct of each school and its community members. These rules are typically outlined in the district's:

• Student handbooks,
• Codes of conduct, and
• Student honor codes.

Each school must provide its students and parents with a copy of the code of conduct or rules when they enroll. They also typically require that each student and their parent sign an acknowledgment that they've received and reviewed the school rules.

Each school's student handbook will typically require that students meet set academic thresholds to advance toward their high school degree, including a minimum GPA, passage of standardized tests, and course completion rates. However, this code of conduct will also typically set forth unacceptable behavior and possible punishments for violating the rules.

Students may often face disciplinary action for:

• Misusing the school's online network or computers,
• Academic misconduct, such as plagiarism and cheating,
• Disrupting the classroom or learning environment,
• Destruction of property, such as vandalism,
• Stealing school or student property,
• Title IX offenses such as sexual harassment or assault, and
• Bringing a weapon to school.

Your student's code of conduct or student handbook from school will also likely include the procedures that school administrators will use to investigate and review disciplinary matters. The handbook should also contain information about hearing procedures and detail the appeals process if necessary. These rules and regulations should also indicate what sanctions are possible if the school determines your child violated the school's code of conduct.

Your child's student handbook or code of conduct should be the first thing you turn to when your child is facing allegations of misconduct. But often, your school will attempt to handle incidents more informally on a case-by-case basis. If your student is facing a possible suspension, expulsion, or placement in an AEP, you need to understand their rights and the procedures your school must follow before removing your child from school.

What is an Emergency Removal in Delaware?

In emergencies, your child's school may remove a student without following all of the typical discipline procedures. Under Delaware law, school officials can remove a child from a classroom or school with an emergency intervention. These forcible removals are only allowed by a“teacher or a person otherwise entrusted with the care or supervision of a child for a special purpose.” Moreover, the teacher must “reasonably believe” the force “is necessary to further the special purpose, including the maintenance of reasonable discipline in a school, class, or other group, and that the use of force is consistent with the welfare of the child.”

The force used won't be legally justified if it includes “throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death.” When the emergency ends, the emergency removal must also end, including any seclusion or physical restraint.

Parents aren't without any power to dispute emergency removals. All Delaware school districts must have a procedure for parents to challenge or file a complaint about the use of an emergency removal. If you are dissatisfied with the results of your local school board's complaint process, you can file an objection with the Delaware Department of Education. The DDOE will review the local complaint results, and within 60 days, it may begin its own investigation. The DDOE must issue a corrective action plan if it finds any violations. However, you will only have one year following the incident to file a complaint with the DDOE.

How Does a Student Get Sent to Alternative Education in Delaware?

While you may be familiar with the general process for suspensions and expulsions in Delaware schools, most parents aren't familiar with the legal framework for sending students to alternative education programs. Title 14 §1604 of the Delaware Code covers establishing these programs, requiring school districts to implement “supportive instruction” for at-risk students. Students may be considered at risk because of:

• Suspensions,
• Multiple disciplinary issues,
• Excessive absenteeism, and
• Other issues at school.

Your local school district must determine whether an AEP is appropriate for an at-risk student by the preponderance of the evidence. Under Delaware's Administrative Code, a school can place your student in an AEP if they:

• Expel your student for breaking the school's code of conduct,
• Suspend your student for a code of conduct violation that could result in an expulsion,
• Determine your student has such severe discipline problems that expulsion will happen soon,
• Determine whether your student has engaged in a pattern of “chronic and repetitive” disruptions in school.

An AEP may be a useful tool for true discipline problems in schools. Even if a child is suspended, they are still entitled to a free and appropriate education. AEP programs can help protect a larger school population from severe discipline problems and frequent disruptions in school. However, schools may sometimes use AEP placements to get rid of kids they'd rather not rehabilitate.

If the administration removes your child from school through emergency intervention, a suspension, or even calling you to get them, their time away from school can't exceed ten days total during any school year from any single incident. If the removal is more than ten days, the school may place them in an AEP.

If the school disciplines your child for frequent class disruptions, the school must have them participate in all available school-based intervention programs. If these school-based options fail to resolve the problems, the school can seek to remove your child to an AEP. An AEP is also only an option for grades 6-12.

Will My Student Face Expulsion if They Bring a Gun to School in Delaware?

Your child can face expulsion for bringing a gun to school in Delaware. In fact, under Delaware law, any student who brings a gun to school must be expelled for at least 180 days. For other weapons, the penalty is a 30-day suspension. However, the school board can modify the punishment on a case-by-case basis:

(5) In the event that an elementary or secondary school student possesses a firearm in a Safe School and Recreation Zone in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion.

(6) In the event that an elementary or secondary school student possesses a deadly weapon other than a firearm in a Safe School and Recreation Zone in addition or as an alternative to any other penalties contained in this section, the student may be suspended for a period of not less than 30 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the suspension.

It is also illegal to bring a firearm or any weapon to any school in Delaware:

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a “Safe School and Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

Bringing a gun can be a class D, E, or G felony, while bringing another type of weapon can be a felony or a misdemeanor, depending on the class of weapon.

What Happens to Expelled High School Students in Delaware?

If your student is expelled in Delaware, they may be placed in an Alternative Education Program (AEP). While AEPs can be useful for rehabilitating at-risk students, they are intended to correct negative behavior so that students can return to their usual classroom environment. In other words, AEPs aren't just “holding pens” for kids. The AEP must continue a student's education aligned with Delaware's State Content Standards. AEPs are encouraged to implement “applied learning activities” instead of traditional classroom-based drills and homework. The AEP must be apart from the student's regular school setting. However, your student's school may use the building for an AEP program if the AEP students don't interact with the school's regular population or use any of the school's facilities simultaneously.

While in an AEP, your student should also be on a plan to return to their regular school setting. The school district will create an Alternative Placement Team (APT) to establish an action plan for your student. The team may include:

• AEP staff,
• A district coordinator,
• The principal,
• The assistant principal,
• A guidance counselor,
• A school social worker,
• A representative from the Department of Services for Children and Youth, and
• The student's parents or guardians.

Your child's ATP will review their case and design an individual service plan with behavioral and educational goals and any services needed for your student and family.

Alternative Education Programs must follow the guidelines established by law and regulation in Delaware, but problems can still arise. Your child's education can be interrupted and impacted by:

• Outdated instructional materials and equipment,
• Inadequate teaching,
• Fewer supportive resources,
• Negative behaviors from other students, and
• Unfair character assessments.

Being branded as a troublemaker with placement in an AEP can impact how future educators and administrators see your child. They can face negative treatment from school staff and peers even when returning to their regular school setting. They may also have fallen behind academically, particularly if your student was in advanced or honors classes. All of this can impact your child for years to come. That's why you need the Education Law Team at the Lento Law Firm on your side.

What if My Child Has a Disability That Impacts Their Behavior?

If your child has a disability that may impact their behavior, the school administration must consider this before moving them to an AEP. Federal and state laws protect children with disabilities. Under Section 504 of the Individuals with Disabilities Education Act (IDEA), the school must conduct a Manifestation Determination Review (MDR) to determine whether your child's conduct may have been caused by their disability or the school's failure to implement an Individual Education Plan (IEP) properly. You and your child's doctor, therapist, or counselor may participate in the MDR as well as school administrators and teachers that know them well. As part of the MDR, the group will determine whether a disability, already diagnosed or unknown, affected their behavior. Alternatively, the group will examine whether the school's failure to implement an IEP appropriately contributed to the behavior. If it did, the school will implement or adjust an IEP as necessary, and your student will return to school.

Some disabilities that may lead to the creation of an IEP for your student include:

• Learning disabilities,
• Autism,
• ADHD,
• Hearing, vision, or speech impairments,
• Physical limitations, and
• Chronic emotional distress or mental illness.

If the MDR finds that a disability or a failure to implement an IEP did not contribute to your student's behavior, the school may relocate them to an AEP.

Can I Challenge an Expulsion or Manifestation Determination Review Decision in Delaware?

If you disagree with the results of the MDR, you can appeal through one of the options allowed by the DDOE.

1. IEP Meetings: At any point in the disciplinary process or during your student's school career, you have the right to request an IEP or evaluation for an IEP. This allows you to discuss an education plan and any concerns about services, academics, and behavioral issues.
2. Conflict Resolution Program: The Conflict Resolution Program at the University of Delaware helps the DDOE with all of the agency's resolution matters. Local education agencies and parents are permitted two resolutions free of charge. The resolution program can facilitate resolution for IEPs to reach decisions in your student's best interest. The Special Education Partnership for the Amicable Resolution of Conflict (SPARC) Mediation Services will use a facilitator to help parents and local education agencies resolve IEP disputes and AEP placements. SPARC decisions are legally binding.
3. State Complaints: If you believe the school system or MDR team members violated IDEA, you can file a complaint with the DDOE. The agency must investigate within 60 days and then issue a decision.
4. Due Process Complaints: You can also request a due process hearing to review a student's education or IEP services under federal IDEA regulations and Delaware state law. Education agencies can also request a due process hearing. A due process hearing will involve a three-judge panel issuing a legally binding decision within 45 days after the 30-day resolution period. You can appeal a due process hearing decision to the Delaware State Family Court or the U.S. District Court for the District of Delaware within 90 days of the decision.

What Should I Do If My Child Faces Expulsion or Suspension in Delaware?

If your child faces disciplinary action that may result in a suspension, expulsion, or AEP placement. Or, if you're concerned that a pattern of behavior could result in an AEP placement, there are some things you can do to prepare.

• First, speak with your child and get their story. Write down the details for any major or minor incident or record your child's version of what happened, noting the people and places involved. Ask about details leading up to an incident, including whether your child's actions resulted from bullying or self-defense.
• Speak with the school and get the details of any incidents from the school, including the staff, teachers, or students involved. Ask about times, places, and details. If there are cameras in the school, ask for any potentially relevant footage.
• Always communicate with the school in writing whenever possible. Take detailed notes if you have a phone call or a meeting in person. Afterward, follow up with an email to the relevant school officials, including your understanding of your meeting or conversation.
• If you have any relevant documents at home, including evaluations, reports, report cards, graded papers, teacher notes, or progress reports, collect and save them.
• Save any correspondence you receive from the school, including emails, letters, notes, and voicemails. If your school uses a messaging app, get screenshots of any messages.
• If your child was injured, take photos of any injuries, scratches, bruises, redness, or swelling. If necessary, take your child to the doctor to document injuries, particularly in more sensitive areas.
• Review your school's code of conduct or student handbook. Take note of potential conduct violations, the procedures for investigating disciplinary matters, and any potential sanctions.
• Call the National Education Law Team at the Lento Law Firm to discuss your options and next steps.

Can Expelled Students in Delaware Still Go to College?

Even if your child is expelled or spends time in an AEP, they can still attend college. But if your child is facing an AEP placement because of disciplinary matters, you should go into the matter understanding the potential consequences. Colleges often want more details about an expulsion or serious disciplinary matter before admitting your child. They must keep all students safe, so the concern is understandable. Still, you don't want your child to face unnecessary long-term repercussions for a matter that the school could have handled more appropriately with less severe sanctions than an AEP or expulsion.

AEP placements can also result in:

• Interruption of your child's education,
• Loss of academic rigor and challenging courses like AP, honors, or IB classes,
• Loss of school leadership opportunities, involvement in clubs, and involvement in extracurricular activities,
• Loss of athletic opportunities,
• Inadequate special education support, IEP services, therapies, and counseling,
• Loss of social life, and
• Depression and anxiety.

You should also be aware that some colleges may automatically decline any student with a serious disciplinary matter on their record.

You Need Skilled Legal Guidance for Your Child's Delaware High School Expulsion

It can be overwhelming and scary if your child is facing a potential suspension, expulsion, AEP placement, or other serious disciplinary matter in Delaware. The entire discipline and appeals process can be challenging to navigate without in-depth knowledge of the Delaware school discipline and legal systems. The skilled Education Law Team at the Lento Law Firm can help guide you and your child through the educational disciplinary process. They've helped hundreds of students nationwide through school discipline matters and appeals, and they can help you too. Call today at 888-535-3686 or contact the Lento Law Firm online to schedule your consultation.