Kids sometimes get into trouble at school. Back when we were in high school, the principal or a teacher might have dealt with a disciplinary problem by calling a parent in for a conference, after-school detention, or even Saturday detention, ala The Breakfast Club. But times have changed. Often schools take an aggressive approach to discipline because they've faced so many serious issues in the last few decades. While bullying has always been an issue, now it can happen clandestinely online instead of in the classroom. Mental health issues are at an all-time high; school shootings are a very real threat; and sometimes, students attack teachers and staff. But a draconian one-size-squashes-all approach isn't fair to students entitled to a public school education.
Studies show that suspensions and expulsions have long-term impacts that affect a child's education long beyond the term of the punishment. Kids suspended or expelled are less likely to graduate from high school and far less likely to attend college. That's why it's important to understand the potential consequences of an expulsion and "alternative learning plan" or alternative education placements imposed upon parents and children when a school no longer wants to deal with a disciplinary issue. In this FAQ, we tackle some of our client's biggest questions about disciplinary alternative learning plans and your student's rights in Rhode Island high schools. If your child is facing a likely expulsion or serious disciplinary matter, you need to discuss the matter with attorney-advisor Joseph D. Lento and his National Education Law Team at the Lento Law Firm. Give them a call today at 888-535-3686.
What Disciplinary Measures Do Rhode Island Schools Use?
When your child gets in trouble, you may think you already understand the potential consequences – a failing grade, detention, or maybe a conference with the principal, but the world has changed, and so has the world of education. Your child may face a zero-tolerance policy that can lead to suspension or expulsion and placement in an alternative education setting. A childish mistake can lead to the branding of a child as a delinquent, not safe to have in school, when counseling, firm boundaries, and help in school might be a more productive approach to discipline.
Can My High School Student Be Expelled in Rhode Island?
Your child can face expulsion from a Rhode Island school for violating a school's student code of conduct or for breaking some laws outside of school. The Rhode Island Department of Education requires all primary and secondary schools to develop a discipline code for students, often called a Student Code of Conduct, Honor Code, or Student Handbook. Under Rhode Island General Laws § 16-21-21, the student code of conduct should promote a positive environment and promote learning under RIDE's rules and regulations. The state's rules describe how faculty, staff, and students must conduct themselves in school and at school-sponsored events and activities. The RIDE regulations also dictate academic goals that students must meet to graduate.
When your student enrolls, the school must provide the student and each parent or guardian with a copy of the student's code of conduct. You will both be asked to sign a document indicating that you've received a copy of this handbook and the student discipline code for your school district. If your child faces a disciplinary issue, the student code of conduct may likely be your first line of defense. The school cannot arbitrarily punish or kick your child out of school. They must follow the written procedures in the school code of conduct.
While student codes of conduct will vary from district to district, they will often include broad categories of prohibited behavior, including:
- Academic dishonesty, such as cheating, plagiarizing, or copying,
- Persistent classroom disruptions,
- Cyberbullying,
- Bullying,
- Misusing school technology, computers, and online networks,
- Using alcohol, drugs, or tobacco,
- Stealing,
- Excessive absenteeism,
- Vandalism,
- Title IX offenses such as sexual harassment, discrimination, or sexual assault,
- Carrying a dangerous weapon or firearm on school property.
While your school's student code of conduct may require the school to follow a strict procedure for some disciplinary matters, schools often handle allegations case by case. Teachers and administrators are also human and can develop biases and prejudices against a student based on their past disciplinary records. As a result, your child could face a more serious punishment than they deserve, with no consideration of extenuating circumstances or possible alternative approaches. As a result, they could face expulsion and placement in alternative education without merit if they don't fight back.
What is an Emergency Removal in Rhode Island?
Under Rhode Island law, a school can remove your child from the classroom or restrain them when "non-physical interventions would not be effective." However, schools must limit restraint and intervention to times when a child's behavior presents a "threat of imminent, serious, physical harm" to others in the school or to themselves. Under the law, the school should not use restraint or removal from the class:
- To punish a student,
- To deny a student adequate food, water, shelter, bedding, sleep, or access to the bathroom,
- To verbally abuse, ridicule, humiliate, cause physical pain, or cause emotional trauma to a student.
As soon as the immediate danger passes, the emergency intervention must end, and the school must inform the administration immediately. The staff must complete a written report by the next business day. However, the school doesn't haven't inform a parent or guardian for two business days.
How Does a Student Get Sent to Alternative Education in Rhode Island?
If a student is suspended for an extended period or expelled from school, the school system must still provide them with an education. An Alternative Education Program (AEP) or Alternative Learning Plan (ALP) is an option for suspended or expelled students or those who frequently misbehave. Under Rhode Island law, the "Department of Elementary and secondary education, in conjunction with the attorney general's task force to prevent violence in schools," must "develop requirements for the alternative placement of students suspended" under Rhode Island's education law provisions.
The ALP must be a cooperative effort "between the local school district, which shall be responsible for the instruction of students, and other appropriate state and local agencies. Further, the Department of Elementary and secondary education, in conjunction with the attorney general's task force, shall establish policies in support of locally developed prevention and education activities that include broad parent, teacher, and community involvement."
Simple misbehavior, like mouthing off to a teacher, will not likely result in your child's placement in an ALP. However, the effect can be cumulative. Rhode Island schools use ALPs for repeated disciplinary problems and students who are disruptive to the other students in a class and the education of others. Some common situations that can lead to an ALP include:
- Chronic absenteeism,
- Bringing a replica or realistic weapon to school,
- Long-term suspensions,
- Drug addictions or drug or alcohol use in school, and
- Physical violence or threats.
In Rhode Island, ALPs must follow guidelines set by the Rhode Island Department of Education (RIDE). However, they can often interfere with a student's education due to:
- Outdated or inadequate class curricula,
- Fewer resources,
- Inferior instruction,
- Failure to meet a student's education level, and
- Broadly treating and educating all students the same.
If your student is placed in an ALP, they can also face "branding." In the future, even with the best of behavior, your child's teachers and administration may treat them as troublemakers, judging and grading them much more strictly than the average student. Moreover, an ALP can seriously interrupt academically inclined or gifted students' progress in advanced math, science, humanities, and English classes.
Will My Student Face Expulsion if They Bring a Gun to School in Rhode Island?
Your child can face expulsion if they bring a weapon or firearm to school. Under Rhode Island law, a student can face expulsion of up to one year for bringing a gun:
[W]ithin school premises, premises being used for school purposes or activities, into a vehicle used for school transportation, or onto a roadway or path along which school children or teachers are walking to school shall be suspension from school for one year.
This penalty will also be incurred when a student is not on school premises but when he or she aims a firearm or realistic replica of a firearm at school premises, school vehicles, or students, staff, or visitors attending school or in transit to or from school.
The superintendent can shorten the suspension or expulsion on a case-by-case basis using guidelines "developed by the school committee with broad parent, teacher, and community involvement."
Your child could also face criminal penalties for bringing a weapon to school. In Rhode Island, it is illegal to bring a gun onto school grounds, which includes any "property of a public or private elementary or secondary school or in those portions of any building, stadium, or other structure on school grounds that were, at the time of the violation, being used for an activity sponsored by or through a school in this state or while riding school-provided transportation." The penalty for a conviction is a minimum of one to five years in jail and a $500 to $5,000 fine. Minors adjudicated delinquent under the statute can face penalties from the family court and loss or delay of a driver's license for up to six months. The law includes concealed handgun licensed carriers.
What Happens to Expelled High School Students in Rhode Island?
Under Rhode Island law, if a school removes your child from the classroom for any reason, whether through a formal suspension, an emergency removal, calling you to pick up your child part way through the day, or any reason, it cannot exceed ten days total through the school year. The school must hold a hearing once your child reaches ten days of suspension. However, they may also try to place your student in an ALP for suspension, expulsion, or chronic truancy. That's why you must discuss possible disciplinary matters with attorney-advisor Joseph D. Lento and his skilled Education Law Team at the Lento Law Firm.
What if My Child Has a Disability That Affects Their Behavior?
If the school tries to suspend or expel a student with a disability that may have affected their behavior, they must first complete a Manifestation Determination Review (MDR) under the Individuals with Disabilities Education Act (IDEA). In the MDR, the team will determine whether a student's behavior was caused by their disability or the school's failure to implement an Individualized Educational Plan (IEP) or Section 504 Plan for the student. In some cases, an MDR may uncover an undiagnosed disability and begin the process of implementing an IEP or 504.
Under Rhode Island procedures, the MDR Team will meet with the student, their parent or guardian, staff, district education staff, and faculty members who know the student well. As part of the review, the team will look at all possible connections between the student's behavior and their disability, emergencies related to the disability, or the school's failure to implement an IEP or 504 plan. If your child is seeing a therapist, counselor, or other medical provider, they can also be part of the MDR. Some disabilities that require an MDR include:
- Learning disabilities,
- Autism,
- Vision, speech, or hearing impairment, and
- Physical disabilities.
If the school and the MDR determine that your child's misconduct resulted from their disability or the school's failure to implement an IEP or 504 plan properly, your student may return to school after the team creates a plan. If the MDR determines the behavior wasn't related to your child's disability, they may place your child in an ALP.
Can I Challenge an Expulsion or MDR Decision in Rhode Island?
You can fight back if your school district assigns your child to an ALP. To challenge your district's findings, RIDE allows four ways to dispute an MDR locally:
- Informal dispute resolution,
- Mediation,
- Making a written special education complaint to the state, or
- An impartial due process hearing.
If you want to request a due process hearing, your complaint must come within two years of the date you knew or should have known about the MDR decision. You can proceed with a hearing if the district doesn't resolve your due process complaint within 30 days of receiving it.
In a due process hearing, an attorney-advisor can represent you, and you can present evidence and testimony; cross-examine witnesses, including those from the school; and obtain a written or electronic record of your hearing. You will also receive a formal written decision from a hearing officer within 45 days.
How Long Do Rhode Island Expulsions and ALPs Last?
In Rhode Island, school is compulsory for kids until they turn 18. However, a superintendent can waive the attendance requirement for a student who is at least 16 and is making satisfactory progress towards their degree with an approved ALP. Even students over 16 attempting to complete a GED must have an approved ALP. So, in theory, an ALP can last until a student completes high school, whether through a GED or a traditional degree. In reality, ALPs typically last about 45 days.
What Will Happen During My Student's ALP in Rhode Island?
During the placement, the ALP must continue providing the same level of education and services your child received, including counseling, therapies, tutoring, and other services. If your child has an IEP or 504 plan in place, the school district must:
- Review your child's IEP/504 and the ALP with you and your child to ensure the ALP will provide the services and accommodations needed by your child,
- Base your child's IEP/504 plan based on your child's needs, not on the resources available through the ALP,
- Develop an IEP/504 with all the same procedural and notice requirements required in a traditional school setting,
- Allow the IEP/504 team to make all placement and service change decisions for the student, including students with an ALP,
- Make all IEP and 504 decisions before creating the ALP,
- If the district determines that an ALP is the best placement for a student with an IEP/504 plan, the district must provide the resources needed to implement the IEP/504, including accommodations, services, and modifications outlined in the plan,
- Even if a child hasn't been declared eligible for special education services, they are still entitled to the necessary protections and procedural safeguards if the school has noticed that the child has a disability, and
- Provide transportation as needed to allow differently-abled students to benefit from special education services, even with an ALP.
What Should I Do If My Child is Facing Expulsion in Rhode Island?
If your child is potentially facing an expulsion, ALP, or another disciplinary matter in a Rhode Island high school, you can prepare by gathering information and documenting everything you can:
- Speak with the school to get details of any incident, including witnesses to the event, who was there, and whether there were cameras in the area. If possible, request a copy of the footage.
- Speak with your child about what happened. Take detailed notes or record what they tell you, noting who was involved, where it happened, potential witnesses, and events leading up to the incident. If earlier altercations led to the event, whether in school, out of school, or online, make sure to record those too. Note whether this may have been the result of bullying or self-defense.
- Communicate with the school in writing as much as possible. When this isn't possible, take detailed notes during meetings or phone calls and follow up with an email including your understanding of your conversations.
- Collect any relevant documentation from teachers or the school, including emails, voicemails, letters or notes sent home, notes on homework or exams, report cards, and progress reports.
- Save all correspondence from the school, including voicemails, letters, emails, and the like.
- If your child has injuries, take photos noting any bruises, scratching, redness, or swelling. Also, consider taking your child to the doctor to memorialize their injuries in medical records.
- Review the school code of conduct, noting potential violations, punishments, and procedures for disciplinary actions.
- Call attorney-advisor Joseph D. Lento and his experienced Education Law Team to discuss your options and negotiate with school administrators.
Can Expelled Students Later Go to College in Rhode Island?
If your child spends time with an ALP in place, there's no reason they can't later attend college. Some families voluntarily request ALPs for extended medical issues and other reasons, so an ALP shouldn't be viewed as a black mark. However, some colleges will look at disciplinary matters with heightened scrutiny. A college will need to ensure the safety of their existing students and staff, so they may ask for additional details about any expulsions and ALP placements your child has had due to behavioral problems.
In other cases, an ALP can result in:
- Failure to make the same academic progress,
- The loss of course rigor and diversity,
- The loss of athletic participation, extracurricular activities, clubs, and student leadership opportunities,
- Disruption to special education services, therapies, and counseling,
- Loss of friends and social events, and
- Poor mental health.
Aside from the potential impact on your child's education and school experience, some colleges may automatically decline to admit students with expulsion and ALP placement on their record.
You Need Skilled Legal Guidance for Your Child's Rhode Island High School Expulsion
If your child faces a serious disciplinary matter in Rhode Island that could result in an expulsion or ALP placement, you need experienced guidance. You don't have to handle this alone. Attorney-Advisor Joseph D. Lento and the skilled Education Law Team at the Lento Law Firm can help you and your child. They've helped hundreds of students nationwide through school disciplinary proceedings, and they can help you too. Call today at 888-535-3686 or contact the Lento Law Firm online to schedule your consultation.
