FAQs: Expulsion and Disciplinary Placement in Connecticut High Schools

When you send your child to school, you never expect them to get into trouble, and you certainly do not expect them to be suspended or expelled, which is why it is so jarring for families when it does happen. But Connecticut lawmakers believe that every child has the right to an education, so they have set up alternative education programs for them to attend. These programs are supposed to provide an adequate education, but most of the time, students end up physically, mentally, and emotionally bereft.

Education defense attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team understand and are here to help. Call today.

What Type of Discipline Do Connecticut Schools Use?

While schools still use detention, suspensions, and expulsions to discipline students, most schools in the U.S. have implemented restorative justice approaches. Restorative justice recognizes how important relationships are among students and faculty. Thus, instead of being excluded from their classmates and teachers, this approach is supposed to help develop character and foster social-emotional security.

So, before pursuing suspension or expulsion, Connecticut schools are required to have students partake in restorative practices, such as:

• Community service
• Counseling
• Peer counseling
• Verbal apologies
• Written apologies
• Essays
• Reimbursement to harmed parties

When the restorative justice approach is unsuccessful, local education agencies are likely to pursue suspension or expulsion proceedings and alternative education placement. Alternative education programs may sound like a suitable alternative to the traditional classroom, but much of the time, these placements end up doing more harm than good.

Can High School Students Be Expelled in Connecticut?

Yes, Connecticut students can be suspended or expelled, but only for specific reasons. Schools are supposed to attempt the restorative justice approach before moving on to suspension or expulsion. But under Connecticut law, they are permitted to pursue an expulsion without trying the restorative justice approach first for the following actions:

• Violating their local education agency's published policy while on school grounds, at a school-sponsored activity, or off school grounds.
• Seriously disrupting the educational process on school grounds, at a school-sponsored activity, or off school grounds.
• Endangering other persons or property on school grounds or at a school-sponsored activity.

Additionally, there are times when school officials are required to implement expulsion proceedings for high school students without even pursuing restorative justice first. These behaviors include:

• Possessing a firearm, deadly weapon, dangerous instrument, or martial arts weapon on school grounds or at a school-sponsored event.
• Possessing a firearm without a permit, unless it falls under an exception, or using a firearm, deadly weapon, dangerous instrument, or martial arts weapon outside of school grounds.
• Offering to sell or distribute controlled substances that are illegal under criminal law, on campus, or off.

When students are expelled from their high school, they will be placed into an alternative education program. Hiring an attorney-advisor will not only ensure school officials uphold your child's right to due process, but they will also make sure your child is not being unnecessarily punished.

What Happens to Expelled High School Students in Connecticut?

If a student in Connecticut is expelled, they are supposed to be placed in an alternative education program. But there are usually far fewer public alternative education programs than there are public high schools, so most students do not have much of a choice on where they are placed. Though many people believe expulsion is forever, in Connecticut, it is up to the school board and superintendent to determine how long the student's expulsion will last. In most cases, students are meant to be readmitted to their original classes after a certain period.

How Does a Student Get Sent to Alternative Education in Connecticut?

In general, when a student is suspended or expelled, they are sent to an alternative education program. In fact, alternative education programs must be offered to any student under 16 years old who was expelled or over 16 years old who was expelled for the first time, wants to continue their education, and agrees to abide by conditions set by the board of education.

There are additional considerations for students with disabilities who are facing expulsion. The local education authorities must first determine whether they have the legal authority to expel the student. Most importantly, a planning placement team must meet and determine whether the student's behavior was a manifestation of their disability. If it is not, they can proceed with the expulsion proceedings. But if it is, the student cannot be expelled.

Will My Student Get Expelled for Bringing a Gun to School in Connecticut?

Yes, according to Connecticut law, if your child brings a firearm onto school grounds or to a school-sponsored activity, they will be expelled.

How Many Alternative Education Programs Are There in Connecticut?

There are 55 alternative programs and seven alternative schools in Connecticut, and more than half of these students are minority students from lower-income families.

How Long Do Connecticut Expulsions or Disciplinary Placements Last?

Most states have limitations on how long a student can be expelled, but in Connecticut, expulsion length is determined on a case-by-case basis. When it comes to mandatory expulsions, though, a student must be expelled for one calendar year unless the school board or an impartial expulsion hearing board decides it should be less.

Expelled students are offered the opportunity to apply for early readmission to the school. So, if your child has been penalized with an expulsion that lasts six months, they will be eligible to apply to the school board or the school superintendent for early readmission.

What Is a Rehabilitation Plan?

In Connecticut, when a student is expelled, the local education authorities are supposed to meet with the student's parents or guardians to figure out which alternative education program is appropriate. Once the student is sent to the appropriate alternative placements, an individualized learning plan (ILP), or a rehabilitation plan, must be developed.

The ILP will address the student's academic and behavioral needs and suitable academic and behavioral goals and interventions. It will also discuss measures the schools will take to help the student progress towards those goals and graduation, as well as timing for a review of the student's progress, whether early readmission to their original school is possible, and how the student can achieve it.

Once a student is expelled from the traditional high school setting in Oklahoma and placed into an alternative education program, they may be required to complete a rehabilitation plan before being allowed back into their original school. Additionally, students with disabilities who are suspended or expelled must have an individualized education plan (IEP) prior to being displaced.

It is important to note that students with state-mandated success plans, like Individualized Education Plans or Individualized Health Plans, will be able to use these plans to inform their ILP, but they will not replace the ILP. If your school district does not offer your child an ILP it is crucial you reach out to an attorney-advisor who can help negotiate for one on your child's behalf.

Will My Student Have a Hearing Before They Get Expelled?

For the most part, yes. The only time students in Connecticut can be expelled without a hearing is if there is an emergency. But a hearing should be held as soon as possible.

If the student is a minor, the local education agency has to notify their parents at least five business days before the hearing. But if the student is not a minor, the school only needs to inform the student. During the hearing, both the student and the school will have an opportunity to present evidence and witness testimony. They will also be able to cross-examine the other side's evidence and testimony.

In the end, the committee in charge of the disciplinary placement hearings will review the evidence and arguments and determine if the student should be found responsible for the alleged action and, if so, what kind of punishment to impose.

When are Connecticut Schools Not Allowed to Expel a Student?

The local education agency in Connecticut is allowed to initiate the expulsion process for high school students for only two specific reasons. First, if the incident or conduct took place on school grounds or at a school-sponsored event and:

• the conduct violated the local education agency's publicized policy, or
• the conduct seriously disrupted the educational process, or
• the conduct endangered persons or property.

If the conduct occurred off school grounds, the local education agency could only pursue expulsion if the conduct violated one of the local education agency's publicized policies and seriously disrupted the educational process.

Can My Student Appeal Their School Expulsion?

In Connecticut, if a student is found responsible for committing a violation of the code of conduct and expelled, they cannot appeal the decision, though they can apply for early readmission to the school. The board of education, or the Superintended, will review the issue and determine if early readmission should be granted. Early readmission is completely at the discretion of these two bodies of authority.

Even though Connecticut does not have an appeals process, it is still important to continue to negotiate on your child's behalf after the disciplinary placement decision has been made. Attorney Lento and the Lento Law Firm Education Law Team can help contact officials and continue negotiations for dismissal or leniency even after the decision is made. If school officials cannot help, these negotiations still act as evidence for a civil lawsuit later if you wish to pursue one.

Does Disciplinary Alternative Education Have Downsides for My Student?

While alternative education programs are meant to provide students with the same education as their classmates in traditional high school, the caliber of the experience is vastly different. For instance, alternative education programs tend to suffer from the following issues:

• Their instructors have less experience or skills than traditional high school teachers.
• Their instructors are keen to punish students for misconduct, and instead of feeling like a classroom, the placement feels like a prison cell.
• Students have fewer resources – like computers, access to the internet, books, and free meals.
• As there are fewer alternative high schools than public high schools, students are forced to travel wherever they are placed. Often, there are no school buses offered to alternative education programs. This can make it quite difficult for students to find reliable transportation to and from school. When it is difficult to get to school, students are less likely to try. This could lead to significant incidents of tardiness or unexcused absences, which might lead to further punishment.
• Overstimulating, boisterous, and loud classroom settings. Given the reason most students are sent to a disciplinary placement, it is unlikely that they are well-functioning classroom environments. Students who are unfairly punished with disciplinary placement can find the classrooms overstimulating, boisterous, and loud, pushing them further behind in their schoolwork and mental and emotional well-being.

Can My Child Be Sent to Alternative Education in Connecticut More Than Once?

In Connecticut, students can be sent to alternative education programs more than once. Sadly, once a student is punished with disciplinary placement and then reintegrated into their original high school, they tend to find themselves back in the alternative education program at some point before the end of high school.

Most of the time, students end up back in disciplinary placements because of behavior or academic misconduct that is a direct result of their time in the alternative education program. Other times, it is because school administrators are using alternative education programs as an easy way to ship off difficult students.

What Should I Do if I Know My Child Is About to Be Expelled?

Unfortunately, many families report that they learn about expulsion hearings from their child long before the school reaches out to notify them. There have even been instances where children have been adjudicated for misconduct and found responsible without their parent or guardian in attendance.

The state of Connecticut has ruled that schools must outline specific rules and regulations for disciplinary placement hearings. One of these rules is to notify the parents before disciplining the child with such a harsh punishment. When a school violates its own rule or procedure, they are infringing on your child's due process rights.

So, when you learn that your child is facing a disciplinary placement hearing, it is important you follow the steps below to ensure the school is not punishing your child without cause:

1. Reach out to the school the moment you hear of the issue. Find out what happened, and make sure to ask for specific facts about the incident as well as what the school's intended plan might be.
2. Contact an education defense attorney-advisor immediately to start working on a strong defense strategy for your child.
3. Talk to your child about the incident. Ask them what happened and get as many specifics as you can. Write it down or record it for later.
4. Document your evidence. If your child was in a fight or is accused of any kind of physical altercation, take photos. Make copies of the photos, teachers' notes, and any other communications you receive.
5. Organize conferences with school officials, teachers, and any students that were involved in the incident (if you can). Record the meetings or take notes to keep track of what was discussed.
6. Keep hard copies of anything the school sends you.
7. Review the school's code of conduct – which should be in the student handbook. Familiarize yourself with the sections on misconduct and the procedures the school will take to investigate and adjudicate the issue. Share this information with your attorney-advisor.

While this is not an exhaustive list, it is a great place for any parent or guardian to get started. Education defense attorney-advisor Lento and the Lento Law Firm Education Law Team have spent years helping students across the country navigate similar situations. They understand what you are up against and will be there to help at every step. Some parents decide to take on these hearings by themselves, without advisory counsel. Unfortunately, when this happens, they find themselves wholly unprepared, and their child suffers for it. Education defense attorney-advisor Lento and the Lento Law Firm Education Law Team will work tirelessly to negotiate on your child's behalf, hopefully finding an agreeable solution that defends your child's future.

What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?

Many alternative high schools forget that students are not criminals; they are children. All they see is the conduct that brought them into the alternative education program. Instead of providing solutions and support, they treat them as if they are a problem that needs to be managed. And unfortunately, this kind of treatment can have a disastrous impact on the student's physical, mental, and emotional well-being.

Moreover, when a student is placed into an alternative education program, they are now surrounded by students with major behavioral or emotional issues. This kind of exposure can be overwhelming, especially for students who have been unfairly removed from their home school. Additionally, it reinforces minor misconduct, and depending on how the alternative program's faculty handle the conduct, it can encourage the student to misbehave in greater ways.

Often, students who are placed into alternative education programs end up with future disciplinary placements or face adjudication in the juvenile justice system. Attorney-advisors understand that disciplinary placement hearings are not just about keeping the child in their current school; they are about fighting for your child's future. Alternative high schools, in theory, sound like they are helping students, but really they are just forcing them to adapt, in a negative way, to their new surroundings.

Can Expelled Students Go to College in Connecticut?

Every student has the right to attend college, even when they have been expelled and placed into an alternative education program. As long as they have received their high school diploma, GED, or high school equivalency, they are eligible to apply to college. Now, whether they gain admission is another story.

At most schools around the country, any type of suspension or expulsion punishment is noted on the student's transcripts. So, when the student applies to college and presents their transcripts, the admissions committee will inquire about the incident that led to the suspension or expulsion. Sometimes, this will bar the student from admission to the college or university without even giving them an opportunity to explain the situation.

Working with an attorney-advisor will help mitigate such unfair consequences. By creating a strategic defense, you are more likely to have a reduced punishment, which would prevent this consequence from occurring. One way to alleviate this issue is if you are suspended or expelled in the end, to take the initiative and reach out to the college you hope to apply to and explain the situation. Make them understand what triggered the incident, how much you have learned from it, and how you have overcome it.

Can an Attorney Help With a High School Expulsion?

While misconduct in school is usually not considered a criminal offense unless it involves a dangerous weapon or drug, the potential consequences your child may face for even small misbehaviors like pranks require the guidance of a skilled attorney-advisor. Attorney-advisors have experience in procedural due process and have a wealth of legal knowledge, making them well-suited to assist with high school expulsion cases. Moreover, they can accompany you to the expulsion hearing and provide valuable support, presenting a strong defense that ensures the best possible outcome.

Get the Help You Need to Deal with a High School Disciplinary Placement in CT

Not only are disciplinary placement procedures can be difficult and complex, but many school administrators also allow their personal biases to impact the case. Education defense attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team will ensure your child is not subjected to unfair bias and unnecessary punishments. Students make mistakes; they should be given support, not ostracized from their school. Call 888-535-3686 today or schedule a consultation online.