For any parent facing the possibility that their high school student may be facing expulsion from their school, the emotions can range from grief to fury at both their student and the school officials. Parents immediately wonder how the expulsion will impact the rest of their child's future, whether they will be able to go to college, how they will be able to prevent the situation from happening again, and what they could have done differently. Although many parents may feel helpless because they feel there is nothing they can do about the expulsion, your student has legal rights that might prevent the worst from happening. Fortunately, certain Federal and State laws protect your child's interests throughout the entire expulsion process and can be examined in a thoughtful approach to determine the truthfulness of the incident, the extent of your student's behavioral problems, and whether rehabilitative services would be a more appropriate solution.
If your student is facing expulsion or has already been expelled, working with nationwide student defense Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team can put the power back into your hands as the parent and change the course of your student's future.
What Is An Alternative Education Program?
Alternative education programs are designed for students who have been expelled for a variety of reasons and can no longer attend public school. The programs will often include additional services such as tutoring or counseling in an attempt to address any behavioral issues that likely led to the suspension. Alternative schools tend to be smaller than regular high schools (around 15-20 students per class instead of 30-40). The smaller class sizes are designed to give teachers more time per student, so there is flexibility to address any disruptive behavior that may arise.
How Many Alternative Education Programs Are Available In Michigan?
There are currently 355 alternative public schools serving 34,614 students in Michigan. This is comparably much smaller than the 1,300,144 students who are enrolled in the traditional 2,959 public schools in the state. Michigan currently has information regarding the alternative education programs available on the state's website.
Does The State Have To Help Place A Student In An Alternative Education Program?
No. Under Michigan state law §380.1311a(2), when a student is expelled from a public high school they are considered to be expelled from all Michigan public schools. Therefore, unless a student is a special needs student, the state is no longer required to ensure that the student receives an education. Instead, once a student has been expelled, the state places the responsibility on the student's parent or guardian to “locate a suitable alternative education program and enroll their student.”
What Are The Consequences Of My Student Attending An Alternative Education Program?
Every child is different and will respond differently to a new environment. However, there are some obvious concerns involved in sending your student to an alternative education program. Because of the nature of alternative education programs, a majority of students enrolled in these programs currently have or have exhibited behavioral issues in the past. Consequently, classes in these programs are often frequently interrupted due to disruptive behaviors. Parents may also not want their children to be influenced by the behavior of some of the students. The programs also may not be as well-funded or academically challenging, resulting in a lower quality of education.
Aside from the environmental impacts that an alternative education program can have on a student's education, a student's mental and emotional health can suffer as a result of feeling like they are ostracized from the rest of their peers. Many parents fear that if their child feels like they are being treated like a criminal they will resign to the assumptions and engage in risky behavior.
What Things Must A Michigan High School Take Into Consideration Prior to Expelling a Student?
Michigan's Revised School Code “provides each school district with the authority to establish a local discipline policy.” Although each school board is tasked with establishing its own disciplinary methods, under Michigan's Restorative Justice Law, every public school in Michigan must consider the following seven factors prior to expelling a student.
Student's Age
Age is a factor that Michigan schools should take into account, as it plays a significant role in how students learn, behave, and interact with others. When a school fails to consider a student's age, they run the risk of not understanding why the student might have done something wrong. For example, if a 12-year-old does something that appears malicious, it could be because they don't understand how their actions affect others. The same applies to students who are older and be motivated by their desire to fit in with their peers rather than offend authority figures.
Student's Disciplinary History
Michigan high schools must consider a student's entire disciplinary record prior to determining whether an expulsion is appropriate. For example, a student who has been previously disciplined could have issues with authority, which might make it harder for teachers and the district to work with them. Students who have no prior disciplinary record may be more adept at receiving counseling through the school district and accepting responsibility for their actions. While every situation is different, it's possible that the student has been suspended or expelled before and that previous offenses are still negatively affecting them, and additional interventions such as counseling or anger management, rather than expulsion, are appropriate. Other students may be struggling with mental health issues or substance abuse problems, which could be contributing factors to their behavior.
Whether The Student Has A Disability
Federal law requires Michigan schools to consider whether the student's disability was a contributing factor to the student's behavior and whether any supportive services or interventions can prevent the behavior from happening in the future. If the student is ultimately expelled, Michigan schools will still be required to ensure that disabled students continue to receive a free and appropriate public education (FAPE) and ensure that the student receives an educational placement.
Seriousness Of The Student's Behavior
Michigan schools must consider the severity of the action/incident, the frequency of the behavior, and whether the behavior was out of character for the student. For example, if bullying behavior is consistent with a student's normal behavior, then expulsion may be warranted. However, if the behavior departs from the student's usual personality, then it may not warrant expulsion because the student may be unlikely to repeat bullying behavior in the future. The school will likely also consider how the student's behavior affects other students and staff members at the school and whether the behavior constitutes a substantial safety risk or is so disruptive that it interferes with the school's purpose of educating all its students.
Whether The Student Can Benefit From Any Restorative Practices Or Interventions
Under MCL 380.1310(c)(d), Michigan schools must consider whether they have already tried to implement or whether the student may benefit from any restorative services. Although each school district is tasked with the responsibility to establish its own local discipline policy, schools are encouraged to consider whether a student could benefit from restorative practices such as:
- Victim-offender conferences;
- Community services;
- Counseling;
- Anger management; and
- Restitution payment.
Furthermore, 380(1310c) requires that restorative practices should be the first consideration to remediate offenses such as interpersonal conflicts, bullying, verbal and physical conflicts, theft, class disruption, harassment, and cyberbullying.
Whether The Student's Behavior Poses A Safety Risk
After considering whether a student could benefit from a restorative practice or intervention, schools must still consider whether the student will still pose a safety risk to the rest of the students and staff on campus.
Level Of Intervention Needed
Although students may benefit from different types of restorative practices, schools must consider whether they are equipped to offer the level of intervention that might be needed. For instance, although the school may offer counseling programs, these programs may not be enough for a student who needs intense psychiatric interventions in order to safely attend school.
My Student Is Facing An Expulsion Hearing, What Can I Expect?
All students facing expulsion are afforded due process under the law. Due process is a legal term that can be easily summarized as the right to be notified about a problem and present your side of the story. Michigan policy, therefore, requires that students "be given notice of the type of conduct that is prohibited and the potential consequences of such misconduct. These “notices” are typically found in a school's code of conduct and can vary from district to district.
Where students are facing either a suspension of more than 10 days or expulsion, they are also guaranteed the “right to be heard” through a formal hearing that will take place in front of an impartial board. These hearings must take place within 30 days of receiving notice of the proposed expulsion and students as the right to have an advocate with them throughout the entire process.
Each district can determine who sits on its board - as long as the hearings officers are truly impartial. At the hearing, students will be given reasonable time to present their version of the events and explain their actions. Students who take accountability for their actions can also apologize for their behavior and inform the school district about why they would be a good candidate for other alternative means of discipline. Students may also ask to bring in their witnesses, such as peers or teachers who may have witnessed the incident. Finally, parents can also speak at the hearing and share valuable insight into what their child said about the incident, the child's mental state, and any relevant issues at home that might have impacted the student's behavior.
In instances where the student is expelled, the student has the right to appeal the decision through the specific protocols adopted by the school district.
What If My Student Has Special Needs? Can They Still Be Expelled?
Under a federal disability law that applies to special education students, known as the IDEA, if a special needs student exhibits conduct that is a manifestation or symptom of their disability, they may not be suspended or expelled from school for more than 10 cumulative days throughout the school year. For example, if a special needs student with terrets frequently made disruptive comments in class, the school would have to determine whether the student's comments were a symptom of their terrets disability. While this is an easier example, the answer is not always quite as clear with physiological symptoms that might present due to other conditions such as Disruptive Mood Disorder, Oppositional Defiant Disorder, Autism Spectrum Disorder, etc. The school district is required under the IDEA to hold a meeting referred to as a Manifestation Determination meeting to determine whether the student's behavior is a symptom of their disability/disabilities. The student's family, as well as other individuals' parents and caregivers want present such as psychologists, doctors, etc. may attend.
Unfortunately, some school districts might be eager to expel special needs students rather than expend their resources to minimize the student's behavior. Where this is the instance, parents will have to prepare to challenge the school's determination.
Will My Student Get Expelled for Bringing a Gun to School?
Yes. Subject to 1310(d), “Michigan law requires a school district to permanently expel a student who possesses a dangerous weapon in a weapon-free school zone unless the student meets one of four exceptions.” This law applies automatically regardless of whether or not the student is disabled. There are however a few enumerated exceptions that do not automatically require expulsion. Specifically, a school board does not need to expel a student if the student can show by clear and convincing evidence that at least one of the following is true:
- The weapon was not possessed by the student for use as a weapon nor was it possessed to deliver it to another student who was intending to use it for use as a weapon.
- The student did not knowingly possess the weapon.
- The student did not know or have reason to know that the item they possessed was a dangerous weapon.
- The school or police authorities suggested, requested, or directed the student to possess the weapon.
However, even if the student establishes that one of the above is true, they can only expulsion if they have no prior history of suspension or expulsion.
What Other Types of Behaviors Warrant Expulsion?
In addition to immediately expelling students who bring a gun to campus, Michigan school districts are required to permanently expel (subject to possible reinstatement) students for a variety of other behaviors/incidents as well. Specifically, school districts must expel students who possess a dangerous weapon, commit arson, or engage in criminal sexual conduct in a school building or on school grounds. The term “dangerous weapon” is defined in MCL § 380.1313(4) and includes the following types of weapons:
- Firearm
- Dirk
- Dagger
- Stiletto
- Iron bar
- Knife with a blade over 3 inches in length
- Pocketknife opened by a mechanical device; and
- Brass knuckles
The term “criminal sexual conduct” is defined in the Michigan Penal Code and describes various levels of sexual penetration, sexual conduct, and assault with intent to commit criminal sexual conduct.
My Student Was Expelled. Can They Still Get Into College?
There is no overarching law in Michigan that prevents colleges from accepting students who have been expelled from their high school. While expulsions are not the same as carrying a criminal record, parents may fear that they carry a similar stigma and impact their child's ability to be admitted into certain schools or programs. Even if a student was expelled, they can still get into college and have a successful career. Many colleges still accept students who have been expelled from schools for a variety of reasons and will review each application on a case-by-case basis. Students can help take accountability for their expulsion with an admissions committee by demonstrating some mature insight into their past. Students can also demonstrate that they have learned from their behaviors through community service programs and letters of recommendation from teachers or employers who have recently worked with them and can speak to their work ethic and character.
My Student Was Already Expelled. How Can I Petition For Their Reinstatement?
Yes. Under certain instances, Michigan state law §380.1311 allows students to petition for reentry into the public school system. The petition for reinstatement must be brought by the student's parent or legal guardian. In instances where the student is emancipated or is already 18 years old, they may bring the petition themselves. The law allows the petition to be initiated 150 days after the date of expulsion. If granted, the student's reinstatement will take effect up to 180 days after the date of expulsion.
The petition is reviewed by an appointed school board committee which typically consists of two school board members, one school administrator, and one teacher. The committee has 10 days after being appointed to review the petition and submit their recommendation (grant, deny, or grant with qualifications) to the school board. While each school district may consider additional factors, the committee's recommendation must at least be based on the following factors:
- “The extent to which reinstatement of the student would create a risk of harm to pupils or school personnel;
- The extent to which reinstatement would create a risk to the school district or individual liability for the school board or school district personnel;
- The age and maturity of the individual;
- The student's school record before the incident that caused the expulsion;
- The student's attitude concerning the incident that caused the expulsion;
- The student's behavior since the expulsion and the prospects for remediation; and
- If the petition was filed by a parent or legal guardian, the degree of cooperation and support that has been provided by, and that can be expected from, that person if the student is reinstated, including, but not limited to, receptiveness toward possible conditions placed on the reinstatement.”
Depending on the district and the incident that led to expulsion, the committee may choose to grant the request subject to certain requirements. These requirements may include things such as behavior contracts, counseling, progress reviews, and minimum GPA requirements.
In the instance that the school board denies the request for reinstatement, the law provides that the decision is final and does not allow the student to appeal the school board's denial.
How Can An Attorney-Advisor Help Throughout The Expulsion Process?
The assistance of nationwide Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team will be invaluable toward your student's chances of success. At the onset of your case, we can help you gather the necessary evidence that you will need to present your student's side of the story at the hearing. If expulsion seems inevitable, we can provide the school with documentation of extenuating circumstances or other mitigating factors that should be considered before expelling your student.
We can apply the applicable federal and Michigan state education laws to your student's case and determine whether the school district's policies conform with state education codes.
We can also work with the school directly to discuss alternative disciplinary options and determine what type of restorative approach your student will best respond to. We can attend the hearing with you, help prepare witnesses, and help you draft communications to the school throughout the process.
Finally, If your student has already been expelled, we can help you appeal the decision and/or seek reinstatement through the applicable policies outlined by your school district.
In sum, because Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Team believe that each student has the potential to succeed, we will determine the best course of action for your student and work with you throughout the entire process.
Is Your Student Facing Expulsion Or Already Been Expelled From A Public School In Michigan? Contact Us Today For Help!
Although the idea of your child being expelled from their high school can feel terrifying, there are numerous ways that Joseph D. Lento and the Lento Law Form Education Team can represent your child's interests. An expulsion doesn't have to be the end of your child's education. Contact us today by calling (888) 535-8636 or use our online contact form.
