As a parent, you want your kids to succeed in school. Unfortunately, high school students can come up against obstacles when their schools take serious disciplinary actions against them. A student who makes a mistake or gets caught in a bad situation can face suspension or expulsion from their school and be sent to an alternative education program. Although these programs exist in California to ensure all students have the right to education no matter what behavioral issues sit on their records, the truth is that these disciplinary placements can have a tremendously negative impact on your child's future.
We answered all the questions you have about students getting expelled in California and attending an alternative education program for disciplinary reasons. If your child is facing severe disciplinary action at their high school, you may want to consider consulting a student defense attorney-advisor.
What Type of Discipline Do California Schools Use?
California schools generally take a restorative justice approach to discipline. This method aims to resolve tough situations without resorting to exclusionary measures such as suspension or expulsion. Restorative justice emphasizes relationship-building, listening to students who are having difficulties in their lives, and helping repair wrongs.
A student who has committed prohibited actions might go through one of the following measures as part of a restorative justice program:
- Counseling or therapy
- Community service
- Making reparations needed as a result of the student's actions
- Written or verbal apologies to the wronged parties
Many schools try to use restorative justice first, but that doesn't mean suspensions and expulsions don't happen in California schools. There are some behaviors that, if committed by a student, require schools to remove or expel the student. California schools are also required to make plans to address education for children who get expelled, and these plans typically take the form of alternative education programs.
It may seem like no big deal if your child gets expelled—they'll still be able to go to school, after all—but getting sent to one of these alternate high schools can have negative impacts on both a child's education and their future.
Can High School Students Be Expelled in California?
Yes, high school students in California can be suspended and expelled, but only for behavior explicitly listed in the California Education Code. Concerning suspensions:
- Schools cannot suspend students for school absences or tardiness.
- Schools may only suspend students for conduct related to a school activity.
If a student gets expelled, it means they are not allowed to attend traditional schools in their school district. Concerning expulsions:
- Some behaviors trigger automatic expulsions (see “How does a student get sent to alternative education in California?” below).
- Schools cannot expel students for “willful defiance.”
- Schools can only expel students for conduct on school grounds or at school-related activities off school grounds.
What Happens to Expelled High School Students in California?
California students who get expelled from their high schools are still required to attend school. Each county must provide alternative education options for expelled students. Typically, this consists of alternate high schools that enroll students considered “at risk” for exhibiting behavior problems, or for various other reasons. There are fewer alternative education programs than there are traditional high schools in California; about 900 alternate high schools operate across the state. When a student gets expelled and must attend an alternate school, their choices are much more limited.
Students don't necessarily stay at alternative education programs for the remainder of their high school career. The placement is usually temporary, with the objective of enrolling the student in a traditional high school again after the placement ends. The maximum duration of one of these disciplinary placements is one calendar year. However, most students stay for about 90 days before returning to a traditional high school.
These alternative high schools serve 7% of California's public (non-charter) students in grades 10-12. The figure goes up to 10% if you count Community Day and Court Schools.
How Does a Student Get Sent to Alternative Education in California?
If a student is being sent to an alternate high school as a punishment, it's generally because they've been expelled from their current school. Each school has a code of conduct or behavior procedures to follow, but the most common prohibited behaviors in California schools are:
- Cyberbullying
- Drug and alcohol use
- Vandalism
- Theft
- Assaulting a student
- Assaulting a teacher
- Bringing weapons to school
- Bullying
- Computer and technology misuse
The above behaviors may lead to suspension or expulsion, but your child's school may also take other restorative justice actions before resorting to expulsion. Some behaviors, however, automatically trigger a student expulsion under California law.
According to California's Education Code §48915(c), an expulsion is automatically triggered when a child is:
- Caught possessing or selling a firearm
- Brandishing a knife in the direction of a person
- Selling controlled substances
- Possessing explosives
- Committing sexual battery or assault
These behaviors could also result in an emergency removal, depending on the situation. It's also worth noting that even students who are unjustly associated with the above actions could end up getting expelled. When serious misconduct takes place that could threaten the safety of other students and teachers, schools may choose to act with more caution and expel everyone they believe was involved. It may not be the safest option for your student, however, if they are unfairly accused and punished.
Will My Student Get Expelled for Bringing a Gun to School in California?
Any child who is caught possessing or selling a firearm at a school in California will be automatically expelled from that school, per California's Education Code §48915(c). If your child gets expelled based on an unfair accusation, you shouldn't simply give up and accept the punishment. Even if an expulsion is triggered automatically per California law, you should still request an expulsion hearing with the school. At this hearing, you and your attorney-advisor can negotiate the terms of your child's disciplinary placement, or even submit an appeal.
How Many Alternative Education Programs Are There in California?
There are nearly 900 alternative education programs for high school students in California. These schools consist of county Community Day schools, Court Schools, and continuation schools. About 10% of the California high school population is enrolled in alternative schools.
How Long Do California Expulsions or Disciplinary Placements Last?
In California schools, the maximum duration for expulsion is one full calendar year. The duration and subsequent disciplinary placement greatly depend on the alleged offense, however. Generally, you and your attorney-advisor can negotiate the length of the placement during the expulsion hearing.
You and your child may have to agree to a rehabilitation plan, which states the objectives your child needs to meet before the end of their disciplinary placement. If your child does not meet the terms laid out in the rehabilitation plan within the specified time period, their expulsion and placement can be extended beyond one full calendar year. For this reason, negotiating the rehabilitation plan and time period of the placement during a hearing is crucial.
What Is a Rehabilitation Plan?
When a student gets expelled from a CA high school, they may have to agree to a rehabilitation plan before being sent to an alternative education program. According to California Education Code Section 48926, students must be guaranteed an education even if they are suspended or expelled. It's the responsibility of county superintendents to develop a general rehabilitation plan every three years and submit it to state authorities for approval.
The county-wide plan must include educational options for expelled students. Students also get individualized plans tailored to their situation. The plan must also state the consequences for a student who doesn't meet the plan's terms.
The requirements of a rehabilitation plan for an expelled student in California might include:
- Maintaining a certain GPA
- Good attendance rate
- Attending a prescribed number of hours of therapy
- Abiding by school rules and state laws
- Not receiving additional expulsions or suspensions
- Community service
- Passing a drug test
- Writing an essay about the original behavioral issue
- Obtaining a letter of recommendation from a teacher or therapist supporting the student's readmission
As you can imagine, meeting these requirements can be difficult for a student, and you certainly don't want your child to have to go through these steps if the allegations are untrue. Negotiating the rehabilitation plan and understanding fully what these requirements mean in practice is essential. An attorney-advisor can help you.
Will My Student Have a Hearing Before They Get Expelled?
Public schools are required to grant students due process when they are being expelled or suspended from school for more than 10 days, per federal law. Due process usually involves a hearing, at which the student (and you, as a parent) can hear what rules the school thinks your child has broken and what the possible next steps are. The school should provide explanations for the charges against your child, cite the parts of the code of conduct that have been supposedly violated, and provide evidence to back up their claims.
You should be able to attend this hearing with your child and bring your attorney-advisor with you. You can negotiate with your school about the disciplinary action the school will take and ensure that the school is actually within its rights to expel your child.
When Is a California School Not Allowed to Expel a Student?
Although California schools are allowed to expel their students, they cannot do so without reason. The school must also meet certain requirements before expelling the student. When your child is facing a disciplinary placement, you and your attorney-advisor can hold the school to account and ensure the school takes the proper steps.
To enact a disciplinary placement, the school must meet the following conditions:
- The school has exhausted all other means of discipline.
- Your child does not have special needs or physical health limitations.
- Your child's responsibility for the alleged actions is certain.
- The school has followed due process for determining responsibility.
- You have sufficient options for alternative education available to you.
- The school has provided you with an expulsion hearing.
- Your child's actions were not committed as an act of self-defense.
Can My Student Appeal Their School Expulsion?
Yes, you should be able to appeal the decision at a school expulsion hearing. If you've hired a student defense attorney-advisor, they can put together a compelling argument asking for an appeal and submit it to your school's administrators. You may also be able to appeal more than once, depending on the processes in your district.
Your first appeal will likely be to the school, but if you don't receive the resolution you're seeking, you could potentially file an appeal with your school district's board of trustees or even the California Department of Education.
What's the point of the appeal if there's a small chance it'll work? Filing appeals shows the school that you're taking the matter seriously. Your lawyer can also use the appeal as a foundation for later negotiations with the school. It's possible you may end up filing a lawsuit, and having these appeals on file will help your case.
Does Disciplinary Alternative Education Have Downsides for My Student?
If your student gets recommended for alternative education as a punishment, it stays on their record and could hurt their chances of getting into a good college or seeking employment later in life. These long-term effects may impact your child years after they attend the alternative education program, but the program itself could have immediate effects on your child's well-being.
Some of the most common issues with disciplinary alternative education programs are:
- Lower standards of education: Typically, instruction at CA alternative education programs tend to be of lower quality, whether the classes are in-person or online. The standards may be lower, or the alternative education program may have fewer resources than the student's previous school.
- There are fewer alternate high schools: If your student's alternative school requires in-person attendance and it's further away than their previous school, it may become logistically difficult for them to attend. Since there are fewer alternate high schools, your child may have a longer commute—which can discourage attendance and negate the goal of enrolling in alternative education in the first place.
- Minor classroom misbehavior is blown out of proportion: Often, schools use alternate education programs to punish students for what is simply classroom misbehavior. Your child gets uprooted from their environment, taken away from their friends and teachers, and placed in a different school for less serious offenses. This situation can have long-term and damaging effects on a child's mental and social development.
Can My Child Be Sent to Alternative Education in California More Than Once?
Yes, students can have more than one disciplinary placement in California high schools. In fact, once a child has attended an alternative education program once, it's highly likely that they'll return to one. Many students in these programs may fall behind in their studies because there aren't enough qualified teachers or resources for the students to succeed. When the placement is over, and they return to a regular high school, they may have difficulty catching up. Trouble in the classroom puts more stress on a student, which can eventually lead to more behavior problems.
Unfortunately, alternative high schools are a perfectly legal option for California students. School administrators know that a student will receive an education if they expel them, even if that education is sub-par—and even if that student ends up at an alternate high school more than once.
What Should I Do If I Know My Child Is About to Be Expelled?
If you hear or notice anything that indicates your child will soon face a major disciplinary event at their school, you should act quickly. Take these steps:
- Call your child's school right away and get the facts. Learn what has happened and what kind of disciplinary action your child is facing.
- Consult with a student defense attorney-advisor. Once you have the information you need, you can start working with an expert to devise a strategy.
- Talk with your child and make sure they're okay. Ask them to tell you about recent events that might've made them feel uncomfortable at school, and write down what they say.
- Take pictures and document evidence, including notes from teachers, feedback on homework, or injuries.
- Start keeping track of correspondence with school officials. Take notes on what was said and write down the date the conversation took place.
- Keep physical and hard copies of all letters, emails, or messages you receive from the school, as well as anything you send to the school.
- Find the school's code of conduct and the rules your child has supposedly violated. It may be a long and confusing document that you have trouble navigating, but a student defense advisor can help you decipher it.
What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?
Alternative high schools don't only affect children in the short term; they have lasting effects on their physical, mental, and emotional health. One situation that most students and their parents don't anticipate is the difficulty of re-entering a traditional high school once the disciplinary placement is over. If they do manage to return to their old school, the likelihood that they'll get another placement soon after is very high.
When students get treated like criminals, it also impacts their self-confidence. It's not uncommon for kids who went through an alternative education program to enter the juvenile justice system as well. Going to an alternate high school that has fewer resources can be the first step in a downward spiral that lasts for many years after high school.
Can Expelled Students Go to College in California?
There is nothing prohibiting a student who was expelled from high school from attending college in California. However, many colleges and universities may not look kindly on a high school record that has an expulsion on it. That may be the reason a student is not admitted. Most schools will also look closely at the circumstances of the expulsion and may not allow a student who was expelled for a gravely serious matter to attend.
Can an Attorney Help with a High School Expulsion?
A legal advisor with experience defending high school students from disciplinary placements can be of great help to you and your child. Your child is not being accused of committing a crime or breaking any laws, but the potential punishment they face is still serious enough that you should consider enlisting the help of a competent and experienced student defense attorney-advisor.
Your advisor will be able to attend the expulsion hearing with you and help you negotiate with your child's school. They can also help you keep track of your documents and evidence. They'll have the experience needed to hold your school to account, including reading through all of the school's and district's disciplinary policies.
Get the Help You Need to Deal with a High School Disciplinary Placement in CA
For years, Joseph D. Lento and the Education Law Team at the Lento Law Firm have helped countless students across the nation deal with disciplinary matters. He understands that you and your student are having a difficult time and can provide the support and guidance you need. Don't let a mistake or misunderstanding ruin your child's education. Contact the Lento Law Firm for assistance and more information about your situation. The number is 888-535-3686.
