As a parent, you want your child to succeed in school, and every child has challenges along the way. But it's important to take it seriously if your child faces a serious disciplinary matter that could result in a long-term suspension or expulsion. Many studies show that expulsion or suspension can interrupt a child's education, making it less likely that they'll proceed to the next level or head to college after their K-12 education. Sometimes a mistake, emotional immaturity, a misunderstanding, or even a disability can lead to expulsion and placement in an alternative education program.
While alternative education programs (AEP), also called Area Learning Centers, are sometimes necessary to ensure all kids in a classroom are safe and able to learn. However, school systems often overuse these programs, using expulsion as a substitution for comprehensive, effective interventions in the school for challenging students. Ultimately, an AEP and expulsion can harm your child's education and future. In this FAQ, we'll discuss some of our clients' top questions about expulsions AEPs in Minnesota.
Alternative education programs exist to keep schools safe for all children and staff while ensuring kids still get the education they need. But school systems in Minnesota sometimes send kids to these disciplinary programs for the wrong reasons or unfairly. Ultimately, they can harm your child's future. So, in this FAQ, we've answered some of our clients' most common questions about AEPs and expulsion in Minnesota. If your child is facing serious disciplinary action in a Minnesota school, you should discuss your options with attorney-advisor Joseph D. Lento and the National Education Law Team at the Lento Law Firm. Call them at 888-535-3686.
What Disciplinary Measures Do Minnesota Schools Use?
Punishments in use in Minnesota for Code of Conduct violations often include:
- Counseling: Parents or guardians and school administration monitor your student's behavior to take remedial action or develop a plan for intervention.
- Detention: The student stays at school after hours or on weekends to complete schoolwork.
- Exclusion: In some Minnesota schools, teachers may remove students from their classrooms if they misbehave or break classroom rules. In these cases, students often move to another room to complete schoolwork for up to five days.
- Loss of privileges: The school may prohibit your student from participating in extracurricular activities, sports, school clubs, and field trips.
- Community service: The school may require your student to complete community service in the local area or work with other students, cleaning, or providing other services in the school district.
- Suspension: Your child can face a suspension in Minnesota, during which your student can't attend school for up to ten days, which can extend to 15 days in some circumstances.
- Removal to an AEP: Your district may remove a student to an alternative education program, either virtually or at another campus. An AEP placement can last for up to one year, but 45 days is more typical. An AEP placement can happen as a result of an expulsion or for other disciplinary matters.
- Expulsion: When expelled, your student is banned from attending their home school for a period determined by the district. Expulsions are typically limited to one year. In many cases, students must attend an AEP.
However, the school's student code of conduct will list the specific punishments and disciplinary actions available in your district.
Can My High School Student Be Expelled in Minnesota?
In Minnesota, expulsion and suspension are supposed to be punishments of the last resort, used only in the most serious or egregious cases. All school systems in the state must follow their student codes of conduct in determining punishment for violations. Every district develops its own code of conduct, but under Minnesota law, children can face disciplinary actions for:
- Willfully violating reasonable school board regulations,
- Willfully disrupting the rights of others to an education, the school's ability to perform their duties, or extracurricular activities,
- Willfully endangering themselves, other students, school district employees, other people, or school property.
Minnesota's Compilation of School Discipline Laws and Regulations lists some of the most common violations and punishments. Violations often include:
- Bringing a weapon to school,
- Drug, alcohol, or tobacco use at school,
- Assaulting a teacher or other student,
- Cyberbullying and computer misuse,
- Bullying,
- Theft, and
- Vandalism.
But your child's school and the school system must follow the procedures in their code of conduct before expelling your child. Attorney-advisor Joseph D. Lento and the skilled Education Law Team at the Lento Law Firm can help protect your child's rights and ensure they aren't unfairly or unlawfully removed from their school and placed in an inferior alternative education program.
What is an Emergency Removal in Minnesota?
Schools may sometimes remove students on an emergency basis where “immediate intervention is needed to protect a child or other individual from serious injury.” The school can't simply remove your child on an emergency basis as part of routine punishment or discipline. Minnesota's legal requirements govern the process, including how the school can facilitate a student's removal, restraint, or seclusion. They must also meet legal guidelines regarding the “physical holding” needed to restrain a student, how often it can happen, and even the room size for seclusion.
An emergency expulsion can happen for the same reason, but it can't happen for more than ten days without a hearing. After ten days, the school must allow the child back in school or give them notice of a formal hearing. At the hearing, the administration may decide whether the student should receive a long-term suspension or an expulsion with an alternative education program.
How Does a Student Get Sent to Alternative Education in Minnesota?
Your student's school must grant them a formal hearing if an expulsion or long-term suspension is likely. This includes school disciplinary actions that can result in your child being placed in an AEP. The school board will first send you a written notice by mail. The notice should include:
- The time, date, and place of the hearing,
- A copy of the Pupil Fair Dismissal Act, Minnesota statutes sections 121A.40 and 121A.56,
- Notice of your child's right to have a representative or lawyer at the hearing, and
- A description of a proposed AEP to avoid expulsion.
The board will hold the hearing within ten days of the notice before a school board committee or the entire board and an independent hearing officer. The hearing officer is often a third party hired by the board. During the hearing, your student can present evidence and cross-examine witnesses. The board or committee will also examine your child's student records, including academic and behavioral records.
The recommendation of the hearing officer or school board committee must be based on substantial evidence presented in the hearing. However, the board can't force your student to testify. The board or hearing officer must give a recommendation within two days after the hearing ends. After that, the school board will decide within five days after the recommendation.
Will My Student Face Expulsion if They Bring a Gun to School in Minnesota?
Yes, if your child brings a weapon to school in Minnesota, they may face expulsion. Under state law, no one may knowingly possess, store, or keep a firearm on school property. Moreover, Minnesota law typically mandates a one-year expulsion for doing so. The law states, “a school board must expel for a period of at least one year a pupil who is determined to have brought a firearm to school except the board may modify this expulsion requirement for a pupil on a case-by-case basis.” See Minn. Stat. § 121A.44(a) (1998).
Even if your child isn't automatically suspended or expelled for bringing a weapon to school, doing so is a felony in Minnesota. The law states, “Whoever possesses, stores, or keeps a dangerous weapon while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.” See Minn. Stat. § 609.66(1d) (2021). Your child could face these penalties in addition to a school suspension or expulsion.
What Happens to Expelled High School Students in Minnesota?
Even if your child is expelled, they are still entitled to an education. An option for expelled students or those deemed “at risk” of not graduating is an alternative education program (AEP). An AEP path allows kids to continue their education and graduate with a high school diploma. However, kids placed in AEPs can be branded as “delinquents” and have the continuity of their education interrupted.
Minnesota AEPs also offer limited choices. There are fewer of these alternative schools than traditional schools. They often have fewer resources and class offerings and sometimes have outdated curriculums and substandard instruction and educational supports. Transportation can also be challenging and expensive.
If your child is at risk of expulsion or a serious disciplinary proceeding, an alternative education program is a real possibility, and you should take the threat seriously. Skilled student defense advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm can help mitigate the risk for your child. They have helped students like yours across the country for years.
What if My Child Has a Disability That Affects Their Conduct?
Children with an Individualized Educational Plan (IEP) or Section 504 Plan in place receive different disciplinary treatment under the law. If the school suspends your child for more than five consecutive days or ten days total throughout the year for a pattern of misbehavior, they must conduct a Manifestation Determination Review (MDR) under the Individuals with Disabilities Education Act (IDEA). The point of the MDR is to determine if your child's disability caused the behavior in question or if the school's failure to implement an IEP or 504 properly caused the behavior.
The district will typically conduct an MDR within ten days of the school suspension after the school board decides on a punishment. The MRD team will usually involve staff and faculty from your child's school that know the student well, the student's parents, and the district's Committee on Special Education will meet. If your child sees a therapist, related health care provider, or counselor, they should attend the meeting.
Under Minnesota's guidelines, schools should consider an IEP for:
- Autism,
- Learning disabilities,
- Speech, language, vision, or hearing impairments,
- Emotional disabilities or disorders,
- Orthopedic disabilities, and
- Traumatic brain injuries.
The MDR team, which you are a part of, will consider whether a pattern of misbehavior leading to the disciplinary proceedings was caused by your child's disability or the school's failure to implement a 504 plan or IEP. If there is no connection or no disability, the suspension will continue. However, if the suspension is for more than ten cumulative days in a calendar year, the school may send your child to an alternative education program for up to 45 days, regardless of whether the behavior happened as a result of their disability.
How Long Do Minnesota Expulsions and AEPs Last?
In Minnesota, an expulsion can last up to one year, as can placement in an alternative education program. However, the length will vary depending on the offense and past disciplinary matters involving your child. This is why it's essential to speak with Joseph D. Lento and his Education Law Team at the Lento Law Firm whenever you suspect a long-term disciplinary proceeding, MDR, or AEP placement may happen soon. Attorney Lento and his team can negotiate the type of AEP and the length of time or file an appeal on your behalf.
What Happens During My Student's Alternative Education Placement?
If your district places your child in an Alternative Education Program or an Area Learning Center in Minnesota, your student still has rights. Your child must continue to receive an education and participate in a general education program approved by the Minnesota Board of Education's standards for reading, writing, math, social studies, and science. Moreover, the work they complete while in an AEP or ALC can't simply be “busy work” and must be at their academic or grade level. Your child must also:
- Continue to receive counseling and other therapies if needed,
- Receive behavioral intervention services and a behavior assessment if needed to address multiple violations,
- Continue to receive career, academic, and personal guidance counseling if necessary.
Will My Student Have a Hearing Before Being Expelled?
Your student will have a hearing before an expulsion in Minnesota. If the school suspends a student for more than ten days, they are entitled to a hearing. You'll receive a formal notice by mail with the hearing information, the Pupil Fair Dismissal Act, and a description of a proposed alternative education program if the school is recommending one. You will also receive written notice that your student is entitled to have a representative or lawyer during the hearing.
At the hearing, the school may present evidence and witnesses, and your student will have the right to do so as well and to cross-examine witnesses. The hearing will happen before a school board committee, representative, or the full school board, as well as a hearing officer. The board and hearing officer will make a recommendation within two days of the hearing, and the board will make a final decision within five days of the recommendation.
Can My Student Appeal Their School Expulsion?
You can appeal the decision if your district expels your child or places them in an alternative education program or Area Learning Center. You must appeal to the Minnesota Department of Education, Division of Compliance and Assistance within 21 days calendar days of the school board's action. The MDE must receive your appeal within 21 days. Your window of time to appeal or pursue litigation is limited. That's why it's essential that you contact Attorney Joseph D. Lento and the experienced Education Law Team at the Lento Law Firm as soon as possible after you receive notice of a possible expulsion or suspension.
Can an Alternative Education Plan Have Downsides for My Child?
While placement in an AEP or ALC in Minnesota is supposed to keep a child's education on track during a long-term suspension or expulsion, it can still have many downsides for your child. Having an AEP on their record can get them branded as a delinquent and give many future educators and staff members your child encounters a pre-determined opinion about your child. Placement in an AEP can also disrupt their education, resulting in a program without the same rigor, instructional methods, or variety as your child's home school. Students are more likely to drop out after expulsion and placement in an AEP. An expulsion can also:
- Affect your child's mental health,
- Lead to the interruption of friendships and extracurricular activities,
- Impact future educational performance,
- Affect their future college opportunities, and
- Lead to future behavioral problems.
Your child's future life and career goals can be on the line with serious disciplinary action. That's why it's essential to discuss your options with Joseph D. Lento and the Education Law Team at the Lento Law Firm as soon as possible.
Can My Child Be Sent to Alternative Education in Minnesota More Than Once?
Your child can be sent to an AEP or ALC more than once. Even though an expulsion and AEP placement are limited to a one-year term, your child can be sent back again for another infraction.
What Should I Do If My Child May Be Expelled?
If your child is facing a disciplinary matter and you suspect the situation is serious enough that it may end in a suspension or expulsion, there are some steps you can take to prepare:
- Talk to your child and get their side of the story, writing down the facts and any precipitating events that may have led to the event in question.
- Speak with the school and get the full details of the alleged incident. You should also ask about possible disciplinary actions.
- If your child has any physical injuries, including scratches or reddened or swelling skin, take photos and record all of them. You should also collect feedback you're received from teachers or administration in the past, as well as notes on homework or assignments that may seem relevant.
- If you receive any correspondence from the school, save it. If you speak with someone on the phone or in person, you should follow up via email to confirm the substance of your conversation. If you can't do that, be sure to take notes and record the time, date, and details of your conversation.
- Find your school and district's student code of conduct and locate the alleged conduct your child violated. Read the disciplinary procedures as well.
- Call attorney-advisor Joseph D. Lento and the skilled Education Law Team at the Lento Law Firm to protect your child's rights and help develop their defense strategy.
Can Expelled Students Go to College in Minnesota?
Many Minnesota students can go on to college in and out of the state after an expulsion. However, an AEP or ALC can negatively affect their education. Moreover, some schools may closely scrutinize the application of a student once expelled from school. Admissions officers may want more details of the disciplinary action to ensure your student isn't a risk to other students at their college or university. Some schools may automatically decline an application with an expulsion or AEP on the record.
You Need Experienced Legal Guidance with Your Minnesota Student's Expulsion
Attorney-Advisor Joseph D. Lento and the nationwide Education Law Team at the Lento Law Firm can help. They can evaluate your child's case and strategize the best way forward. They can also negotiate with your child's school district and school board, represent them at an expulsion hearing, appeal the board's decision if necessary, and discuss your litigation options. The team at the Lento Law Firm has helped many students across the country through board disciplinary hearings, appeals, and lawsuits, and they can help you too. Give Lento Law Firm a call at 888-535-3686 or contact them online to schedule your consultation.
