FAQs: Disciplinary Placement and Expulsion in Kansas High Schools

Is your child facing suspension or expulsion in a Kansas high school? If so, you may have numerous questions about what rights your child has or what to expect. Attorney Joseph Lento and the Student Defense Team have compiled answers to the most common questions we receive about disciplinary placements. However, call us at 888.535.3686 if you need more assistance.

How Are High School Students Disciplined in Kansas?

Schools have various disciplinary measures at their disposal – expulsion should not be the first option unless the conduct is especially serious. Other ways schools might discipline students include:

• Detention
• Failing grade for an assignment, exam, or project
• Repeating an assignment
• Short-term seclusion from class
• Suspension
• Written or verbal warnings

You may refer to the Kansas Compilation of School Laws and Regulations for more information on disciplinary options.

When Do KS High Schools Expel Students?

Kansas state law sets out grounds for when KS high schools may expel students (Kansas Statutes, 72-6114). Although each school district has some flexibility to determine its own rules for expulsion, students can be expelled for the following reasons:

• Breaking the school's code of conduct or honor code; or
• Substantially disrupting a school's day-to-day operations; or
• Endangering the lives of students or staff on campus; or
• Committing acts which would be considered felonies if committed by adults; or
• Substantially impeding the rights of students or staff on campus.

Behavior that could result in expulsion includes:

• Academic misconduct, e.g., cheating
• Assaulting a student, teacher, or staff member
• Bullying or hazing
• Fighting on campus or school property, e.g., school bus
• Repeated disruptive behavior
• Vandalizing school property

Students shouldn't normally be expelled for excessive absences.

Long-Term Suspension vs. Expulsion

An expulsion is not the same as a long-term suspension.

• Long-term suspensions last 11 or more days in KS. During this time, the student normally can't enter school grounds or participate in school activities, e.g., sports teams. The student returns to school as normal once the suspension is over.
• Expulsions mean permanent removal from the school and local school district. The student may need permission to re-enter the school district once the expulsion ends.

Although long-term suspensions are serious, expulsions are especially grave. They often follow allegations of severe misconduct.

Is Expulsion Ever Required in KS?

Yes. According to the Kansas Statutes, students must be expelled for a period of at least a year if they're found with a weapon – such as a gun, blade, or explosive – on school property. The superintendent may make an exception and change the duration of the expulsion, but this is not a guarantee.

These rules are in line with the Gun-Free Schools Act (GFSA), a federal law designed to ensure that schools are gun-free zones. Although the rules are more likely to affect high school students than younger students, the law makes it possible for schools to expel young students. If your child is almost ready to start high school, an expulsion at this stage could have a knock-on effect across their high school career.

Is Expulsion Ever Prohibited in KS?

Students should not be expelled if they're very young unless it's for a possible federal offense, e.g., possession of a firearm on campus.

• Students should not be expelled if there's a more proportionate way to discipline the child or handle the situation.
• Unless the alleged incident or behavior merits expulsion under Kansas state law or the school's internal conduct codes, the student should not be expelled.
• Students should not be permanently expelled without first having a chance to defend themselves at a school hearing. There may be limited exceptions for the most grievous offenses.

Every student is entitled to fair treatment. If you're concerned about how a Kansas school treated your child, call the Lento Law Firm for advice.

Can Students Be Expelled for Drug Possession?

Yes. Students found supplying, carrying, selling, or distributing controlled substances on campus could be expelled. If a student has a legitimate reason for carrying a controlled substance, e.g., prescription medication, the school must be advised of this so they will not punish the child unnecessarily.

What Happens to Expelled Students in Kansas?

In Kansas, expelled students can attend a disciplinary placement at an alternative school or interim alternative education setting (IAES). These schools are designed to meet the needs of students who are struggling, for whatever reason, to progress in traditional schools.

Students are commonly referred to IAES placements for behavioral misconduct and expulsion. They are short-term “interim” options, meaning students should not expect to be there forever. They're designed to let students continue learning despite their exclusion from school.

What About Students with Special Needs?

Students with disabilities or special needs may have different rights. For example, a disabled student may already have an Individualized Education Plan (IEP). This is in line with the Individuals with Disabilities Education Act (IDEA). Such students cannot be expelled or suspended in the long term until the school determines that:

• The student behaved in such a way that a suspension or expulsion may be merited; and
• The student's disability was not the cause of the wrongful behavior; and
• The school properly implemented the student's IEP.

If the school failed to implement the student's learning plan properly, or the student's disability caused the incident, they may be able to return to school right away. For some serious incidents, though, the student may still be sent to an alternative program.

Joseph Lento and his Student Defense Team can offer advice and representation if your disabled or special needs child is facing disciplinary action.

How Long Do Disciplinary Placements Last?

It depends on how long your child is suspended or expelled from school. A placement will last a minimum of 10 days; however, in many cases, programs last for a semester or more.

Children with special needs should not be placed into an IAES for longer than 45 days in most cases. However, this could be extended depending on the circumstances.

What Is the Curriculum at Alternative Schools?

Alternative schools, or interim education settings, are expected to provide a curriculum in line with Kansas education standards. In theory, then, children should receive the same standard of education they could expect at a regular KS high school. This means children should have access, at minimum, to core subjects such as math, English, and science subjects.

However, there's no way to guarantee that an IAES will provide a sufficiently challenging curriculum. Alternative placements are, unfortunately, not subject to the same scrutiny as regular schools, so there's a chance the curriculum will be inadequate or simply outdated.

Are There Pros and Cons to Disciplinary Placements?

As with any type of alternative education, there are pros and cons to disciplinary placements.

The Pros

• If something happened at school to trigger their behavior, students may feel less stressed and anxious if they're separated from that learning environment for a time.
• Students may learn to reflect on their actions and how all actions have consequences. They may learn how to take responsibility for their behavior.
• Disciplinary placements should focus on rehabilitation rather than punishment, which could help rebuild a student's trust and faith in the education system.
• Alternative programs may offer flexibility, giving students a chance to learn on their own terms.

The Cons

• Teaching standards may be inconsistent and hard to measure.
• If there are disruptive students in your child's class, they could detract from your child's ability to learn.
• Alternative schools may not have the academic resources they need to help students reach their full potential. Curriculums could be outdated.
• Students may feel ostracized and removed from their peers, and they may struggle to return to a regular classroom.
• Disciplinary placements can create an unfair stigma around your child. They could be seen as a “problem student” and not given the opportunities they deserve to thrive.

On the one hand, disciplinary placements may help your child reform their behavior and learn from their mistakes. However, alternative education settings can frustrate students, leading to lost motivation and academic progress.

Can Expelled Students Return to School?

It depends on the school. Once the expulsion period ends, your child should be able to enroll in a new school in the same school district. In some cases, after an agreed period, they may be able to return to their old school. However, there are likely to be strict conditions that the student must meet before they can re-enroll in their old school (if it's permitted).

Before the school imposes an expulsion on your child, you should clarify the terms of the proposed expulsion so that you and your child understand what to expect.

Can Expelled Students Attend College?

Theoretically, there's no reason why your child can't attend college, even if there's a disciplinary placement on their record. However, they could be limited in terms of which colleges they can apply to or what programs they can join.

If your child has professional ambitions, such as becoming a lawyer or doctor, it's imperative that you do everything possible to avoid a disciplinary placement. And if a placement is unavoidable, your child should always declare it in their college application. Transparency now can avoid dishonesty allegations down the line.

Can Students Be Sent to Alternative School More Than Once?

Yes. Students can be expelled more than once, so it's possible to attend more than one alternative school setting.

This is, unfortunately, a relatively common issue. Once a child loses confidence in the education system, they could fall behind in their studies, lose touch with their peers, and partake in destructive behavior. They are at risk of losing academic progress, and they could develop mental health problems due to feeling unsupported. In some cases, students enter a cycle of recurring poor behavior, which, in severe cases, can lead to permanent expulsion from the school district.

Sometimes, disciplinary placement is the best outcome for a child. However, in many cases, it's best to do everything possible to keep the child in their normal school setting with their peers around them.

Are Students Entitled to a Hearing Before Expulsion?

Yes. Students are almost always entitled to some form of hearing in KS – even if it's just a short-term suspension (Kansas Statutes, 72-6115).

• Exceptionally, students can be immediately removed from campus on a short-term basis (less than 10 days) without a hearing. This is rare.
• For short-term suspensions, students should normally have an informal hearing immediately after the alleged incident. Parents are not entitled to notice of this hearing.
• For suspensions of 10 days or more, or expulsions, students must be offered a formal hearing before the proposed action takes place. Students may be suspended in the short term while they await the hearing.

If the school proposes a long-term suspension or expulsion, parents and/or legal guardians are entitled to written notice of the hearing. This is to ensure you understand your rights and to give you a chance to prepare.

What Should I Do if I Suspect the School Will Expel My Child?

If there's even a suspicion that the school might expel your child or put them on long-term suspension, time is of the essence. It's best to act early so you can be fully informed and in the best possible position to challenge the school's decision. Here are some initial steps you should take the moment you suspect there's an expulsion imminent.

• Contact the school immediately. Ask if they plan on taking disciplinary action against your child and confirm the proposed date and time for a hearing. Confirm you have a right to seek legal advice or representation.
• Know your rights. The process for conducting hearings should be set out in the school's handbook, rules, or code of conduct. If you're concerned about unfair treatment, raise these concerns with your attorney-advisor.
• Gather evidence. This could be formal evidence like school correspondence or less formal evidence like text messages, videos, or photographs. Anything you think could be helpful should be gathered at this stage.
• Before attending the hearing, have your child tell you exactly what happened. Make sure they know they can be honest – this is not the time to judge any errors or mistakes they've made. You need to be in possession of the full facts before you attempt to negotiate matters with the school.

Can I Attend the Hearing with My Child?

Yes. Every parent or legal guardian has the right to attend a school disciplinary hearing if the child faces a long-term suspension or expulsion. If the school is only proposing a short-term suspension, there may not be a right to attend a hearing.

You should check the school's handbook or conduct codes to determine if you have a right to attend a hearing for suspensions under ten days in duration.

How Does My Child Prepare for a School Hearing?

School hearings are your child's opportunity to tell their side of the story. And although school hearings are not as formal as courtroom proceedings, they are very significant, and it's best to prepare thoroughly.

• Before the hearing, talk through the situation with your child. Try to answer any questions they have about the process and ensure that they feel supported.
• Ask your child if they have any evidence – even if it appears insignificant – that could help their position. Something as simple as a comment on homework, or even a social media post, could be helpful.
• Identify any possible witnesses. Did anyone see what happened? Can anyone support your child's version of events? Any supporting evidence could be useful.
• Think about what you hope to gain from the meeting. Are you hoping to show that the incident didn't happen as described or that it didn't happen at all? Are you looking to reduce the punishment, e.g., a suspension rather than expulsion, or do you want to show that your child is innocent? Knowing what you hope to achieve gives you a better idea of how to prepare.

Although the burden of proof lies with the school, there's no such thing as being over-prepared for a school hearing. Make sure you know the date and time of the hearing, gather as much evidence as you can and stay positive.

What Rights Does My Child Have?

The exact rules will be set out in the school handbook or conduct codes. However, every Kansas school must comply with state education law. At any disciplinary hearing, students have the following rights (Kansas Statutes, 72-8903):

• Right to legal representation
• Right to have a parent or guardian present
• Right to cross-examine school witnesses
• Right to produce own evidence
• Right to provide own testimony
• Right to a fair, impartial, and orderly hearing

The results and findings of the hearing should be recorded in writing and made available to a student's parents or legal guardians.

Is the School's Decision Final?

No. In Kansas, there's a right to appeal the school's decision to suspend or expel a student (Kansas Statutes, 72-6117). If you're the parent or legal guardian of a student aged under 18, you can appeal to the school district's board of education.

• The appeal request should be made within 10 days of the outcome of the school disciplinary hearing.
• Your child will have another hearing with one or more hearing officers. You are entitled to be present at such a hearing.

The outcome of the appeal, at this stage, is final.

Is My Child Entitled to Legal Representation?

Yes. Under Chapter 72-8903 of the 2015 Kansas Statutes, students have the right to legal representation at the hearing. They can choose their advisor, and they're entitled to advice.

School disciplinary matters can be serious. You should strongly consider seeking advice from an experienced student defense attorney-advisor before any hearing. The Lento Law Firm Team can represent your child at a hearing – call on 888.535.3686 to discuss representation.

How Can an Attorney-Advisor Help?

There are many ways a student defense attorney-advisor can help with disciplinary matters.

• The whole disciplinary process can be overwhelming. An experienced attorney-advisor will ensure you understand what's happening at every stage so you feel in control.
• An attorney-advisor can explain the possible outcomes and how to achieve what's best for your child based on the evidence available.
• Schools must follow their own rules and conduct codes. An attorney-advisor will ensure that schools uphold due process and implement their own policies fairly.
• You may have deadlines to meet or paperwork to complete. Your attorney-advisor will handle procedural formalities so you can focus on supporting your child.

Given how much is at stake if your child could be expelled, it's always worth consulting an attorney-advisor for help. Attorney-advisor Joseph Lento and his Student Defense Team have negotiated with schools across the country, and we know how to handle even the most serious cases. Don't hesitate to contact us if you need support.

Let the Lento Law Firm Help with Expulsion and Disciplinary Placements in KS

If your child has been expelled, or you're concerned that such an outcome is likely, then it's important you know where to turn. Any break in a child's education, especially at the high school level, can have short and long-term implications for their social and academic development. In the most serious cases, it can result in a child missing the opportunity to attend college and pursue the career they want.

At the Lento Law Firm, we believe that every high school child has potential. We're committed to helping students get the second chance they deserve – one mistake, however careless, should not ruin the rest of their school career. Attorney Joseph Lento and his Student Defense Team understand the school disciplinary process, and we can help you prepare your case. We will explain your options, ensure the school follows its own procedures fairly, and help you mitigate the outcome of disciplinary action where possible.

Your family does not need to face disciplinary proceedings alone. Call the Lento Law Firm at 888.535.3686 or leave us a message via our contact form to discuss representation.