FAQ: Expulsion and Disciplinary Placement in Maine High Schools

Many parents want their children to be successful in school. But every child has unique challenges. It's common for students to make mistakes; they're still learning and growing. But you should understand the potential consequences if your child faces a disciplinary matter due to a mistake. You don't have to follow the school's decision; your child has rights.

Moreover, studies show that expulsions and suspensions interrupting a student's education can have long-term impacts. Expelled children are less likely to graduate from high school or later attend college. Your child's disability, a simple mistake, or youthful impulsiveness can result in your child's expulsion and placement in an alternative education program (AEP).

Alternative education program placements are often needed to keep kids safe in school or a classroom. Still, school systems tend to overuse or misuse long-term suspensions and expulsions for challenging children rather than taking the time to properly implement behavioral plans, IEPs, or other therapeutic interventions. Unfortunately, AEP placements can interrupt your child's education and sometimes label them as a delinquent. So, in this FAQ, we'll discuss some of our client's most common questions about expulsions, AEP placements, and your student's rights in Maine high schools. If your child is facing a potential long-term suspension or expulsion, you should discuss your options with attorney-advisor Joseph D. Lento and the skilled National Education Law Team at the Lento Law Firm. Call them today at 888-535-3686.

What Disciplinary Measures Do Maine Schools Use?

In Maine, the schools have a wide range of discipline options open to them, but suspension and expulsion are supposed to be disciplinary measures of last resort. Unfortunately, many schools overuse expulsion to handle children they deem “difficult.” Disciplinary options available in Maine include:

• Detentions: Your student will spend time in detention after school or on weekends to complete homework or additional tasks.
• Community service: The school may have your child complete community service hours at school or in the community, performing tasks or other work.
• Loss of privileges: Your child may lose the right to participate in after-school activities, including sports, clubs, or other extracurricular activities.
• Counseling: Your school may require in-school or out-of-school counseling or therapy to address behavioral or emotional issues.
• Exclusion: Your school may temporarily remove your child from class on an emergency basis or for in-school suspension, having them complete their work in another location or when they return to class.
• Suspension: Your school may suspend your child for up to ten days, longer in some cases, before they must grant you a hearing.
• Expulsion: The school or district may expel your child from school for 30 to 40 days or longer for serious behavioral issues, but only after a hearing.
• Placement in an AEP: As part of an expulsion, your school or district may place your child in an alternative education program (AEP) at a different location or virtually.

The above options are some of the most common disciplinary responses, but your district's code of conduct will list the potential disciplinary actions in your child's school.

Can My High School Student Be Expelled in Maine?

Yes, your student can be expelled from school in Maine after a hearing. Removing children from their school through suspensions or expulsions should be a punishment of last resort. However, many schools use these punishments too frequently to deal with students they feel are “difficult” to manage or those with disabilities that can affect their behavior. Some school districts in Maine may categorize school offenses by level, and only code of conduct violations at higher levels can be punished with suspension or expulsion.

In Maine, the law allows each school district to create Alternative Education Plans for at-risk students or those facing suspension or expulsion after violating school codes of conduct. Behavior that can result in AEP placements include:

• Bullying or cyberbullying,
• Assault or serious threats,
• Drug or alcohol use at school,
• Drug abuse,
• Chronic truancy,
• Vandalism or theft,
• Acts of violence,
• Bringing a gun to school, and
• Breaching school computers, computer systems, or networks.

The expulsion must be necessary for the “peace and usefulness” of the school. However, before expelling your child, the school must follow the procedures in the code of conduct for notice, a hearing, and any appellate rights you may have. To ensure your child's rights are protected during the process, you need attorney-advisor Joseph D. Lento and the skilled Education Law Team at the Lento Law Firm. They can vigorously defend your child, ensuring the school follows its disciplinary procedures and does not unlawfully or unfairly expel them and place them in an AEP.

What is an Emergency Removal in Maine?

Maine law also allows emergency removals from school under certain situations. Under the law, an “emergency” is “a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.” Restraint or seclusion is only allowed:

[W]hen a student's behavior presents a risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.

Seclusion must be implemented by staff certified in a state-approved training program to the extent possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a seclusion, trained personnel must be summoned to the scene and assume control of the situation as rapidly as possible.

The staff must notify the school by the end of the day, and the school must notify the parents in writing within seven days. However, they must notify the parents verbally the same day the incident occurs. The school must also have a complaint process in place for parents.

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

In Maine, each school district must provide a code of conduct to each student and parent, with guidelines for expected behavior, disciplinary proceedings, and setting the length of a suspension or expulsion. If the school suspends your child for more than ten days cumulatively through the year, they must hold a disciplinary hearing. If the school decides to proceed with expulsion after the disciplinary conference, they may consider an AEP placement. Under Maine law, “alternative learning” means:

[A]n educational option that a public school or publicly supported program offers at-risk students by offering some combination of the following: alternative education programs; small class size; flexible scheduling; relevant alternative curricula and assessment; mentoring adults; skilled teachers; a focus on social, emotional and relationship skills; collaboration among home, school and social service agencies; and any other measures designed to accommodate the needs of at-risk students.

In deciding to expel a child or remove them to an AEP, the school district should consider the following:

• Whether the child was engaging in self-defense,
• The student's intent or lack of intent at the time of the incident,
• The student's disciplinary history,
• Whether the student has a disability that impairs their ability to appreciate the “wrongfulness of the student's conduct,”
• Whether the student is in a conservatorship through DFPS, or
• Whether the student is homeless.

If the school board's designee decides to expel the student, you can appeal the decision to the school board.

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

Your child may face suspension or expulsion for bringing a firearm to school. They could also face placement in an AEP. Your child can also face criminal charges for bringing a gun to school. Maine law prohibits the possession of a firearm on public school property or the property of approved private schools. The law states, “A person may not possess a firearm on public school property or the property of an approved private school or discharge a firearm within 500 feet of public school property or the property of an approved private school.” This Class E crime in Maine is punishable by up to six months in jail and a $1,000 fine.

What Happens to Expelled High School Students in Maine?

If your child is suspended or expelled for a long-term period, the district must still provide an education appropriate for the student and their grade level. Maine school districts provide an alternative education program (AEP) overseen by the district to provide this education. AEPs are in a traditional school setting but take place at a different campus or virtually. Typically, Maine students are assigned to an AEP for 30 to 40 days. The district may reduce that time depending on your student's behavior during their time at the AEP and the severity of the offense.

If your child is in an AEP, the school must develop a personal learning plan under Maine regulations. The PLP should “plan for an individual student to meet the content standards of the system of Learning Results, developed collaboratively by the teacher, parent, student, and other professional staff as specified by the superintendent.” The PLP must include the following:

• Education goals that match the Maine Department of Education's Learning Results system,
• A description of a student's observable and measurable academic weaknesses and strengths,
• Short-term goals that will lead to annual educational goals,
• Any behavioral or social needs that should be addressed to keep the student in school, and
• How the student will demonstrate that they are meeting the PLP goals and purpose.

If the school moves a student to an AEP temporarily because of a disciplinary issue, the interim placement will be at least 45 days or until the student meets the goals of the PLP. However, the school district must still:

• Provide instruction at the child's educational and academic level,
• Meet all the obligations of an IEP or 504 plan, and
• Continue providing services, counseling, therapy, or other interventions in the student's traditional school setting.

What if My Child Has a Disability Affecting Their Conduct?

If your child has a Section 504 Plan or Individualized Education Plan (IEP) in place because of a disability and is involved in a disciplinary problem, the school must follow some additional procedures before removing them from the classroom for more than five consecutive days or ten days in total over a school year. For expulsions or suspensions over five to ten days, the school must first conduct a Manifestation Determination Review (MDR) under the Individuals with Disabilities Education Act (IDEA).

As part of the MDR, your school's review team must decide if the behavioral incident happened because of their disability or if the school failed to properly implement your child's IEP or 504 plan. The review team will consist of an administrative member, teachers who know your child well, you as the parent, someone from the district's special education committee, and a therapist or counselor if your child is being seen for something potentially related.

The MDR team will meet to decide if your child's behavior or a pattern of your child's behavior is related to their disability. For example, suppose a child with autism who is overly sensitive to sounds lashes out physically when another student sounds an air horn right by his ear during field day. In that case, the physical reaction may result from the child's disability.

If the MDR team decides collaboratively that the behavior isn't related to your child's disability, the suspension or expulsion may remain in place. But if it is related, the team should decide on another course of action, such as a behavioral evaluation or adjustment to the child's IEP. If you don't agree with the MDR decision, you can appeal by filing a written complaint with the Commissioner of the Maine DOE. You may have an attorney-advisor represent you, and your complaint should contain allegations that:

• The school failed to comply with state regulations,
• The school failed to comply with federal or state special education laws and regulations,
• The school failed to identify, evaluate, and place or provide appropriate early intervention services.

You can seek informal resolution, but a complaint alleging systematic allegations must be resolved more formally. You should receive a notice from the Commissioner with the time, date, and location of the hearing within ten days of receiving your complaint. The notice should also identify the complaint investigator. A due process coordinator may recommend the Commissioner dismiss a complaint if:

• It doesn't concern the education of a student with a disability,
• It was previously resolved, and no continuing violation was found,
• It's been more than one year since the action in the complaint occurred, and
• It's been over two years, and the complainant asked for compensation.

This process can be challenging and overwhelming without experienced legal advice. That's why you should discuss your child's potential expulsion from a Maine school with attorney-advisor Joseph D. Lento and the Nationwide Education Law Team at the Lento Law Firm.

How Long Do Maine Expulsions and AEPs Last?

The typical expulsion or long-term suspension in Maine is 30 to 40 days, but they may last up to one year. However, depending on your student's behavior, the school can extend the time in an AEP. Your student's time in an AEP will last until:

• The end of their assigned term,
• Graduation, or
• Their assigned term is shortened.

Assignment to an AEP should not last longer than a year, but the school can extend it in serious cases.

What Will Happen During My Student's Alternative Education Placement?

If your child is assigned to an AEP in Maine, the school must continue its education, counseling, and services while away from the home school. The school must:

• Continue providing services or counseling, therapies, and behavior intervention services,
• Provide an appropriate education at grade level for your child,
• Follow your child's IEP or 504 plan if one is in place, and
• Provide academic, career, and guidance counseling.

Can I Appeal My Student's School Expulsion?

Before expelling your child, the school must send a notice with the following:

• The location, time, and date of a hearing,
• The behavior at issue,
• Explaining your right to review school records before the hearing,
• Describing the hearing procedures, and
• Explaining the consequences of an expulsion.

After the hearing, you should receive a written notice of the school board's decision. If you disagree with the decision, you can appeal to the Maine Superior Court within 30 days.

However, the appeals process may not be in your school's code of conduct document. If not, you should ask the school or the school board to provide you with the relevant appeals process in writing. It's important that you don't miss any appeal deadlines. That's why you should discuss your child's potential expulsion with attorney-advisor Joseph D. Lento and the skilled Education Law Team at the Lento Law Firm as soon as possible. They can represent your child in the initial formal hearing and any necessary appeals, including appealing the matter to court if needed.

What Should I Do If My Child is Facing Expulsion in Maine?

If your student is facing expulsion or another serious disciplinary matter in a Maine school district, there are some steps you can take to prepare:

• Talk to your child and get their side of the story. Take notes or record what they say. Ask about the steps that led up to the incident and if there was any behavior from other kids or teachers in the days leading up to the incident. Was there any bullying taking place? Was it self-defense?
• Get the full details from the school about the alleged incident, including who was involved and any witnesses to the event. Ask about surveillance cameras in the area as well. You may want to ask about potential disciplinary consequences and informally resolve the matter if possible.
• Collect documentation you've received from the school or teachers that may be relevant, including school work with notes, progress reports, or report cards.
• Try to communicate with the school in writing whenever possible; if you can't, try to memorialize any in-person or phone conversations immediately with a follow-up email to the school noting what you discussed. If you cannot do so, take detailed notes, recording the person you spoke to, the time, date, and the substance of your conversation.
• Save any correspondence from the school, including emails, letters home, and voicemails.
• If your child has any physical injuries, take photos or record them, including any cuts or scrapes, redness, or swelling. You can also take your child to the doctor if you think they need medical attention or to record injuries in more sensitive areas.
• Find your school district's code of conduct and note any procedures for disciplinary hearings and potential punishments.
• Call attorney-advisor Joseph D. Lento and his Education Law Team at the Lento Law Firm. They can evaluate your case, discuss your options, and help negotiate with your school and district.

Can Expelled Students Go to College in Maine?

Even if your child was once expelled or placed in an AEP, they can still attend college. But placement in an AEP can impact their success in high school and disrupt their education. Some of the biggest challenges with an AEP placement are:

• Preventing your child from falling behind academically,
• Not receiving educational instruction with the same rigor as their home school,
• Disrupting their therapeutic services, counseling, or educational services,
• Losing extracurricular activities like sports and clubs,
• Losing friends and social life, and
• Poor mental health and loss of self-esteem.

Beyond the immediate impact on their education, your child may also find that some colleges will automatically pass on any applicant with an expulsion on their record. Even if a college doesn't pass, they'll want to ensure that your student's admission won't endanger their students or faculty. So, they will strictly scrutinize your child's academic and disciplinary history, including any incident that led to placement in an AEP.

You Need Skilled Legal Guidance for Your Maine High School Expulsion

If your student is facing a potentially serious disciplinary action in a Maine school, it can be a serious matter, and the consequences can affect your child for years to come. But you don't have to handle this on your own. Attorney-Advisor Joseph D. Lento and the experienced Education Law Team at the Lento Law Firm can help you and your child. They've been helping students nationwide through disciplinary procedures and expulsions for years. Find out how they can help you too. Give them a call today at 888-535-3686 or contact the Lento Law Firm online to schedule your consultation.