FAQ: Expulsion and Disciplinary Placement in Montana High Schools

All parents want their kids to do well in school. But each child will face their own unique challenges in learning and behavior. Students will make mistakes when they're young as they learn and grow. But some mistakes can result in more serious consequences at school. That's why it's important that you understand what can and should happen if your child is facing a school disciplinary matter. Your child has rights; you don't simply have to take what the school tells you as gospel.

Research tells us that suspensions and expulsions from school interrupt a child's education and can result in longer-term impacts. Children expelled or suspended from school have higher dropout rates and are less likely to continue their education in college or a trade. If your child has a disability, makes a simple mistake, or does something impulsively because of their age, they could end up expelled from school or placed in an alternative education program (AEP).

School systems have a duty to keep every child in the district safe at school. While AEPs can help school systems with this goal by removing kids who are a danger to others, schools often misuse suspensions and expulsions or overuse them for only certain challenging children. An AEP is not an alternative to implementing appropriate behavioral plans, IEPs, or therapeutic interventions. AEP placements can also result in your child falling behind in school, losing educational opportunities, and get them labeled a “delinquent.” Many of our clients come to us with concerns about AEPs. So, in this FAQ, we'll discuss some of our client's most common concerns about AEP placements, how expulsions work, and the rights your child has in Montana schools.

If your child is facing a potential AEP placement, long-term suspension, or expulsion, you need to discuss your options with the skilled National Education Law Team at the Lento Law Firm. Call them today at 888-535-3686.

What Types of Discipline Measures Do Montana Schools Use?

In Montana, schools take allegations of misconduct seriously. The state school districts have an obligation to keep schools safe and operating smoothly, and the citizens of Montana have come to expect high-quality educational opportunities for their kids. But often, schools take a heavy hand in the disciplinary process these days, trying to enforce “zero tolerance” policies and keep the community happy. Small mistakes that kids make that might have been quickly handled in the past can now result in:

• A short or long-term suspension,
• In-school suspension,
• Seclusion from classes or other students,
• Expulsion,
• Emergency interventions, and
• Alternative education placements.

But having disciplinary measures or interventions on a child's record, particularly in high school, can interrupt the continuity of their education and affect their ability to attend college, join a civil service program, join the military, or start working at a reputable company after graduation. They can also lead to higher dropout rates and serious mental health issues. These problems can affect a child's self-esteem and prospects for years to come. That's why it's important to understand the potential consequences of misconduct in Montana schools and your child's rights.

What Are Alternative Education Programs in Montana?

While most of us are familiar with suspensions and expulsions for violating a school's code of conduct, when more serious violations happen or there's a pattern of misconduct, the school may consider an alternative education program or an expulsion with an AEP.

While schools must provide a free and appropriate education to students, under the Montana code, nothing “prevents a school district from…providing educational services in an alternative setting to a student who has been expelled” from school. The state of Montana states that AEPs are simply “restructured” academic school programs that serve at-risk students and must be operated by an accredited public school. But Montana law defines AEPs as “a state-approved educational program designed to provide a secondary education outside a traditional high school setting (e.g., Job Corps, Youth Challenge).”

Currently, 28 AEPs in Montana are operated within an accredited public school. However, there is no central tracking system that logs these sites. Each public school that operates an AEP has complete discretion over its operation. The Montana Health Care Foundation lists three categories of AEPs:

1. AEPs run by accredited public schools,
2. Educational programs outside of traditional high school, and
3. Residential treatment, day treatment, and juvenile justice programs that have an educational component.

Montana's administrative rules regarding education also allow local school board trustees to waive some graduation requirements based on individual student needs. AEPs can also utilize these provisions allowing coursework through:

• Distance learning,
• Correspondence courses,
• Adult education classes,
• Extension courses,
• Summer school, and
• Work-study programs,
• Specially designed courses, and
• Youth placement committee recommendations.

Schools and AEPs can also use online and technology-delivered programs, including the Montana Digital Academy. The MDA is a state-approved online public school at the University of Montana.

When Do Montana Schools Use AEPs?

Most Montana schools use AEP placements for at-risk students. These might include:

• Students at risk of dropping out,
• Expelled students,
• Pregnant students,
• Students with recurrent behavioral issues,
• Students with substance abuse problems,
• Students who are habitually truant, and
• Students with disabilities.

However, while AEPs may be helpful for some students, many receive no rehabilitation. Instead, students have their education disrupted; they may be labeled a “delinquent,” and some kids simply don't belong there. Parents who don't understand their rights during the disciplinary process can end up in AEPs when they shouldn't.

Moreover, not all school systems have formal AEPs, many in rural communities. That means many schools in less populated communities have no AEP oversight or formal regulation. Each school in Montana receives a set amount of funding for each student and can use that money for AEP placements; budget cuts and other priorities often result in smaller AEP programs that are chronically underfunded and shut down.

Can a Montana Public School Expel My High School Student?

Every school district in Montana has a code of conduct they provide to all students and their parents. The code of conduct has information about the school's goals and expectations for each student, including prohibited behavior and common disciplinary actions. You may also be asked to sign an acknowledgment that you received and reviewed the code of conduct.

If your child faces disciplinary action, the code of conduct will be your first defense. You'll want to review the code of conduct and understand the repercussions your child could face. While a school district can't detail every conduct violation, some of the most common violations include:

• Academic misconduct like plagiarism, cheating, collaborating without authorization, using AI without authorization,
• Misusing school technology, including school computers and the network,
• Title IX offenses like sexual harassment, sexual assault, and gender discrimination,
• Vandalism,
• Having a weapon on campus, or
• Assault of violence against students, staff, or teachers.

The code of conduct will also discuss the disciplinary process, including how investigations, hearing, and sanctions will happen. However, cases are often handled individually, giving principals a great deal of discretion in handling disciplinary matters. Unfortunately, when only a few administrators make disciplinary decisions, students can sometimes face unfair consequences.

Even if your student has small conduct violations like talking out of turn in class, speaking disrespectfully to teachers, occasional disruptions in the classroom, and the like, if the school establishes a pattern of behavior, they could face consequences. Montana law is broad enough to allow school administrators to remove your student to an AEP for trivial conduct violations without much due process.

What Is an Emergency Removal in Montana?

In Montana, the police can take emergency custody of a child without a court order if there's an immediate risk of danger to the student or others. Others can also remove a child without a court order under the law, including:

• A peace officer,
• A county attorney, or
• A child protective worker from the Montana Department of Public Health and Human Services.

In some cases, school officials can also intervene in an on-campus emergency. Montana law allows the school to restrain or seclude a student in an emergency intervention in these cases.

Special education teachers and staff must treat their students with positive behavioral interventions based on the results of a functional behavior assessment or FBA. For students without an FBA in place, “adverse treatment” can happen if the student:

• Poses a risk of physical harm to themselves or others,
• Threatens damage to school property, or
• Significantly disrupts the classroom environment or displays dangerous behaviors that positive behavioral interventions don't deter.

Adverse treatment isn't allowed for the convenience of the staff or as a substitute for positive behavioral interventions. They must also be approved by the school or its individualized education plan (IEP) and designed to address individual student's needs.

How Does a Student Get Placed in an AEP?

Under Montana law, school districts can suspend or expel students in certain situations. But an initial suspension period can't exceed ten days. After that, a school administrator must conduct an assessment. If they find a student's return to school detrimental to the safety, health, and welfare of the student or others, the school may suspend the student for an additional ten days. But only the district superintendent or the school principal can suspend a student for good cause.

The disciplinary process may vary from district to district. But each Montana school district will have district-wide rules establishing how the investigation will proceed, when a hearing will occur, and how the sanction stage will happen. Your school district's regulations will also detail a timeline for each stage of the disciplinary process and explain when and how a student can appeal a suspension, expulsion, or AEP placement.

Your child can also receive an AEP placement in the juvenile justice system. Before a child is remanded to the custody of the youth court, a Youth Placement Committee (YPC) will consider alternative placement in a community-based program. While they must consider Montana-based programs, your student could also be placed out of state. The YPC will then give its recommendations to a youth court judge. The YPC could also recommend placement in a youth assessment center if they need a structured education program and haven't committed an act equal to an adult felony.

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

Montana law prohibits anyone from bringing a firearm to school grounds without advanced permission. Under the law, the school must adopt a policy to expel a student who brings a gun to school. Expulsion can be for up to a year, although the superintendent can make an exception on a case-by-case basis.

Bringing a weapon to school in Montana is also a criminal offense. Under Montana law, “a person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building.” The parent of a child who brings a gun to school can also face charges: “A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a weapon in a school building.” Your student could face up to six months in jail and a $500 fine.

What if My Child Has a Disability Affecting Their Conduct?

If your child has Section 504 accommodations or an Individualized Education Plan in place for a disability, the school must conduct a manifestation determination review (MDR) if your student is suspended, secluded, or restrained from school for more than ten days cumulatively. The ten-day suspension doesn't have to be all at one time but can be over multiple suspensions. If you are asked to pick your child up early on multiple occasions, this may contribute to the ten-day total.

For the MDR, the school district's IEP will meet with you, your student, the involved faculty, and the district's special education staff. If your child regularly sees a doctor, counselor, psychologist, psychiatrist, or therapist, they can also participate in the MDR. The goal will be to determine if your student's disability contributed to a pattern of misbehavior or the misconduct in question.

To access a fair and appropriate education, children with disabilities are protected under Section 504 of the Individuals with Disabilities Education Act. They must have an IEP or Section 504 accommodations in place. Some disabilities that may require an IEP under IDEA include:

• Attention deficit hyperactivity disorder (ADHD),
• Autism,
• Emotional disorders or distress, including anxiety and depression,
• Hearing, visitation, and speech or language impairments or limitations,
• Learning disabilities such as dyslexia or dysgraphia, and
• Physical limitations

If the MDR panel determines that your child's disability caused the misconduct in question or that the school's failure to implement an IEP properly contributed to the misconduct, they may rule that your child should immediately return to school with a new or updated IEP. If the MDR panel determines that your child doesn't have a disability, the school was already following the IEP appropriately, or the child's disability didn't cause the misconduct, they may rule that the suspension or expulsion should remain in place.

Can I Challenge the MDR Process in Montana?

You can always challenge the MDR process in Montana, particularly if you think the school's assessment is unfair, the IEP wasn't appropriately updated, or you don't agree with the recommendations of the IEP team. You'll file a written complaint with the Montana Office of Public Instruction (OPI) to begin the appeal process. Your complaint may contain allegations such as:

• The school didn't comply with federal or state special education regulations or laws,
• The school didn't comply with state educational regulations, or
• The school didn't identify and provide appropriate early intervention services or therapies.

After filing a written complaint, you're entitled to a due process hearing, and the school district must hold a resolution meeting within 15 days. This meeting will allow you to resolve the issue before the formal hearing. But if the school district hasn't resolved your complaint within 30 days, the resolution period will end unless both parties agree in writing to waive it or use a mediation process.

During an official due process hearing, you will have the right to cross-examine witnesses and present evidence. You can also have an education legal advisor representing you. The hearing officer must complete the findings of fact and conclusion within 45 days after the resolution period ends unless there's an extension of the time period. The hearing officer's decision will be legally binding unless you appeal it to a federal or state court.

The entire process of appealing an MDR determination can be challenging if you don't have extensive experience in education law. That's why you should contact the Nationwide Education Law Team at the Lento Law Firm to discuss your child's expulsion and the next steps you should take.

What Should I Do if My Child Is Facing Expulsion in Montana?

If your child is facing a disciplinary matter at their Montana school and you suspect that suspension or expulsion can result, you can take some steps to prepare:

• Get your child's side of the story. You can take notes or record their version of the events. You should also ask about what led up to the incident in the moments, hours, or days before the incident. If the behavior of any students or staff members led to the incident, be sure to record that as well. Was your student bullied? Was it self-defense?
• Get the school's version of events regarding the incident. Be sure to ask who was involved and who witnessed the events. If there are security cameras in the school, ask if any footage captured the incident. You may also want to ask about the potential consequences and whether you can informally resolve any issues.
• Gather any relevant documentation from the school, including emails, papers from teachers with comments, progress reports, and notes from the school.
• Email or communicate with your child's school in writing whenever you can. If you have a conversation in person or on the phone, take detailed notes and send an email summarizing the content of your conversation, the date, and the time that you spoke.
• Save any communications from the school about the incident or anything related, including letters, voicemails, and emails.
• If your child was injured, take photos or video. Be sure to take your child to the doctor if necessary to ensure that their medical records will also record any injuries.
• Read the school's code of conduct and note any possible violations and the procedures for investigating and disciplining alleged violations.
• Call the Education Law Team at the Lento Law Firm as soon as possible. They can help evaluate your case, provide you with options, negotiate with your school, and advise you during the disciplinary and appeals process.

Can Expelled Students Go to College in Montana?

Your child can still attend college after an expulsion or AEP placement. But it's important to understand that placement in an AEP can affect their school performance and disrupt their education. Your child may also:

• Fall behind academically,
• Be unable to attend classes with the same academic rigor, particularly if your child participates in honors, AP, or gifted classes,
• Face disruption to therapeutic services like counseling, tutoring, or educational services,
• Lose out on extracurricular activities and sports,
• Lose friends and a healthy social life, and
• Face mental health and self-esteem issues.

You may also find that some colleges will automatically pass on a student with serious disciplinary issues or an AEP placement on their record.

You Need Skilled Legal Guidance for Your Montana High School Expulsion

If your child is in trouble at school and potentially facing suspension or expulsion from their Montana school, you don't have to handle this alone. The skilled Education Law Team at the Lento Law Firm can help you and protect your child's rights. The team has been helping students like yours across the country for years, and they can help you too. Call them today at 888-535-3686 or contact the Lento Law Firm online to schedule your consultation.