FAQs: Expulsion and Disciplinary Placement in Oregon High Schools

Most parents hope for their children to succeed in school, but at times, high school students may encounter challenges that their schools categorize as disciplinary issues. As a result, the student may be subject to suspension or expulsion, leading them to enroll in an alternative education program. While the purpose of these programs is to guarantee that all students in Oregon receive an education, regardless of their behavior, the reality is that these disciplinary placements often have adverse consequences for the child's future, hindering their academic growth.

If your child faces the possibility of being expelled and sent to an alternative education program in Oregon, you probably have lots of questions. Attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team have the answers. Call today.

What Type of Discipline Do Oregon Schools Use?

Oregon schools usually take a restorative justice approach when it comes to discipline. This approach is intended to heal the harm caused and shift the focus from managing the student's behavior to nurturing and strengthening relationships. The hope is that by using the restorative justice approach, schools will not have to resort to isolating measures like suspension or expulsion.

If a student misbehaves or violates the school's code of conduct in some way, they might be asked to complete one or more of the following processes through the restorative justice program:

• Verbal apologies to the mistreated parties.
• Written apologies to the mistreated parties.
• Community service.
• Reimbursing the mistreated party for damages the student's behavior caused.
• Counseling or therapy sessions.

Although many schools in Oregon prioritize the use of restorative justice, there are still situations where suspension or expulsion may be necessary for certain behaviors. When such behaviors occur, schools must comply with the requirement to remove or expel the student. Additionally, Oregon schools must develop educational plans for students who have been expelled, which typically involve enrolling them in alternative education programs.

However, parents should not underestimate the impact of their child's expulsion, as attending an alternative high school can have negative consequences for both their education and future prospects.

Can High School Students Be Expelled in Oregon?

Yes, high school students can be expelled – and suspended – in Oregon, but only if their behavior falls into specific categories, including:

• Willful disobedience;
• Open defiance of a school authority;
• Possession or distribution of alcohol, drugs, controlled substances, or tobacco;
• Display or use of profane or obscene language;
• Use of threats, harassment, intimidation, or coercion against a school employee or other student;
• Assault of another student or school employee;
• Intentional attempts to put a school employee or another student in fear of serious imminent physical harm.

What Happens to Expelled High School Students in California?

When students are expelled from their high schools in Oregon, they are still required to attend school. Each school district is asked to provide an alternative education program for suspended and expelled students. Alternative schools enroll students that are considered “at risk” for displaying behavioral problems, learning disabilities, or a myriad of other issues.

There are fewer alternative high schools than there are traditional high schools in Oregon. In fact, there are only 35 alternative high schools, which are meant to serve 5,538 students. Because of this, when a student is required to attend an alternative high school, they will have little choice in which one they must attend.

Students are not expected to finish high school in one of these alternative education programs as they are meant to be temporary. At the end of their disciplinary placement, they are expected to re-enroll in a traditional high school.

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

Typically, a student is placed in an alternative education program in Oregon when they are punished with long-term suspension or expulsion, but only after restorative justice practices are unsuccessful. While every school in Oregon has a particular code of conduct that outlines the exact behaviors that would result in such punishments, they usually include the following:

• Threatening to assault a school employee or fellow student.
• Misusing computers while on school grounds.
• Bullying or cyberbullying another student.
• Assaulting a student or school employee.
• Destroying or defacing school property.
• Using drugs or alcohol on campus.

Additionally, there are certain behaviors that Oregon school districts will bypass the restorative justice program to impose an immediate suspension or expulsion for, including behaviors that:

• Involve the sale, possession, or use of a dangerous drug.
• Involve the possession, sale, or use of a dangerous weapon.
• Put the health and safety of others in immediate danger.
• Involves sexual battery or assault.

Depending on the situation, these types of behaviors may also result in an emergency removal of the student from campus.

Further, when a student commits severe misconduct that threatens the safety of the rest of the school, Oregon schools may choose to expel anyone involved. That means, even if your child was unjustly associated with the conduct, they could be expelled and forced to attend an alternative education program.

This is why it is so important to contact an education defense attorney-advisor the moment you learn of these incidents. Attorney Lento and the Lento Law Firm Education Law Team will be able to help mitigate any negative consequences your child may face.

Will My Student Get Expelled for Bringing a Gun To School in Oregon?

Under Oregon law, students will be expelled for bringing a firearm to school, possessing, concealing, or using a firearm in school, on school property, or at an interscholastic activity that volunteer organizations have set up. When your child is expelled because of an issue involving a firearm, working with an attorney-advisor is essential. Attorney-advisors will be able to meet with school administrators to negotiate on your behalf to hopefully overturn the immediate expulsion decision and encourage a restorative justice approach instead.

How Many Alternative Education Programs Are There in Arizona?

While there are 37 alternative public schools in Oregon, 35 of them are specifically for high school students. The rate of graduation in a traditional public high school in Oregon is, on average, 84%, but in the alternative education program, it is only 44%. Also, the amount of minority students enrolled in alternative public schools is actually higher than those enrolled in the traditional setting. Thus, one might conclude that minority students are sent to alternative education programs at a higher rate than their white counterparts and that these programs are lacking when it comes to educational support.

How Long Do Arizona Expulsions or Disciplinary Placements Last?

Like other states, Oregon has a maximum time limit for expulsions and disciplinary placements. Students cannot be expelled for more than one calendar year, and suspension cannot be for more than ten school days. Some students might actually be required to attend school during non-school hours as an alternative to suspension, as long as those hours do not exceed the length of hours in 10 school days.

There are some cases, though, where expulsion may last longer than a school year, including when there's been a subsequent incident within a three-year period of severe disciplinary issues or if they have brought, used, or sold a firearm on campus.

If your child is given suspension as their disciplinary placement, it will either be:

• In-school suspension: the student is removed from their regular classroom and placed in a different classroom.
• Out-of-school suspension: the student is removed from their regular school and placed in an alternative setting.
• Temporary placement in an alternative instruction if the student is in special education.

Whichever punishment the school board chooses, your attorney-advisor can negotiate for the length of time the placement requires.

What Is a Rehabilitation Plan?

If a student is expelled from their high school in Oregon, they may have to fulfill a rehabilitation plan before being sent to an alternative education program. Under Oregon law, students are guaranteed an education, even if they have been subjected to an expulsion or suspension punishment. In fact, the state provides school districts to work with other people to offer alternative education programs or alternative high schools within their district.

In addition to alternative education programs, Oregon school districts have also been tasked with creating individualized education plans (IEP) for students, which are tailored to that particular student's needs and situation. The IEP is supposed to include what happens when the child is unable to meet the plan's conditions – whether by their own fault or the fault of the school they attend.

Rehabilitation plans and IEPs will differ depending on the child, but they tend to include things like:

• Minimum GPA requirements.
• Attendance expectations.
• Enrolling and spending a certain amount of hours in therapy.
• Community service.
• Surprise drug tests.
• Essays on their behavior.
• Support requirements for classroom attendance, like a teacher's aide that is dedicated to ensuring they are not triggered into misbehaving.

Many students have a hard time meeting these requirements, especially when they are already disturbed by their initial allegations of misconduct. Because of this, it is incredibly important to negotiate with the school or school board on what goes into the rehabilitation plan. It would be a shame to have your child fulfill their disciplinary placement only to be held back from returning to their original classes because they were unable to meet a particular aspect of the plan – like being unable to get letters of recommendation for their return to the classroom because their teacher was out sick and didn't meet the deadline.

Will My Student Have a Hearing Before They Get Expelled?

In Oregon, the rules explicitly state that students must have a hearing prior to being expelled unless their behavior is so egregious that expulsion is necessary for the health and welfare of the school. Even then, the expulsion can be appealed. To initiate a hearing for disciplinary placement, the school will notify the school board, as well as the child and their parents.

During the hearing, the school board will explain which parts of the code of conduct the student has violated and provide evidence to back up their claims. This is a pivotal meeting to be at as it is your first chance to negotiate with the school and ensure they are upholding your child's due process rights.

When Is an Oregon School Not Allowed to Expel a Student?

As explained above, schools in Oregon have to have specific reasoning for expelling a student. Working with an education defense attorney-advisor will ensure the school is held accountable to its own regulations.

To impose a disciplinary placement, the school must:

• Have tried a restorative justice approach first and exhausted it – unless the misconduct falls within the small category of behaviors that allow the school district to skip restorative justice.
• Ensure your child does not have special needs or physical disabilities.
• Follow due process and regulations to determine if the student is, in fact, responsible for the accused behavior.
• Provide sufficient options for alternative education programs.
• Provide the student with an expulsion hearing.
• Ensure the child did not act out of self-defense.

Can My Student Appeal Their School Expulsion?

Absolutely, under Oregon's legislation, you can appeal your student's expulsion. An education defense attorney-advisor will be able to put together a strategic appeal and submit it to your school's administrators.

Appeals are incredibly important parts of the adjudication process as they are a chance to have the disciplinary placement amended or overturned and, if not, can act as a foundation for civil litigation matters.

Does Disciplinary Alternative Education Have Downsides for My Student?

When a student is recommended for alternative education as a form of punishment, it can have lasting repercussions on their future opportunities, such as their ability to gain admission into a good college or secure employment. Many of the common issues with alternative education programs include:

• Fewer programs: There tend to be fewer alternative education programs than public high schools. As such, alternative education programs are placed wherever the director of the program wants to place them and usually have no school bus affiliated with them. There have been cases in the past where the lack of programs has inhibited certain students from finding one close to home, thus limiting their ability to find reliable transportation. When transportation is unreliable, or their commute is longer than expected, students may be discouraged from attending classes, which would negatively impact their ability to meet their rehabilitation plan's guidelines. Lack of access should never be a reason for failure.
• Classroom behavior is overblown: Most students misbehave in the classroom for one reason or another. Unfortunately, exhausted and stressed teachers and administrative staff view these minor misbehaviors as serious problems and remove them from the classroom. Being placed in an alternative education program for minor behavior issues can have disastrous consequences for the student's social and mental development.
• Lower standards: Generally, alternative education programs have a lower quality of education, and as the standards are lower, they typically have fewer resources than the student's original high school. Additionally, these types of programs don't usually employ the highest caliber educator because of all the behavior problems they will have to endure. So not only are students missing out on appropriate materials, but they are also losing access to quality teaching, which can push them behind their public school counterparts and make it hard to catch up when they do reenter their school.

With all of the issues alternative education programs have, it's no wonder that fewer students graduate from high school after being enrolled in one.

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

In Oregon, students can be sent to alternative education programs more than once. In fact, after a student's initial placement, they tend to have additional placements because after their first placement, when they have to return to their original class, they might have difficulty catching up on their schoolwork. Feeling like they are behind or embarrassed that everyone knows where they are, could result in further behavioral issues and academic progression challenges.

As school administrators understand that students have the right to an education and that alternative education programs are “perfectly suitable” replacements for the traditional classroom – according to the state of Oregon, they are happy to refer students to them as often as necessary. Unfortunately, they seem to have little regard for the level of education the students are receiving while they are there.

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

If you learn that your child is going to be expelled or are notified of an upcoming expulsion hearing, you need to:

1. Contact the school and inquire about the incident at issue. Find out what happened and what steps the school is going to take to rectify it.
2. Consult with an education defense attorney-advisor to learn what your child's rights are and how to create a defense.
3. Discuss the issue with your child and find out what happened from their perspective. Make sure you write down what they say.
4. Take pictures and document any evidence you might receive, including injuries, feedback on homework, or teacher's notes.
5. Keep track of all of your correspondence with school officials, making sure to take notes on what was said, when, and where the conversation took place.
6. Make and keep hard copies of all letters, emails, or messages the school sends you, as well as anything you send to the school.
7. Familiarize yourself with the school's code of conduct and the rules your child allegedly violated. An education defense attorney-advisor will be able to help you make sense of this typically dense document.

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

Alternative education programs can have long-term effects on students, including physical, mental, and emotional health effects. As we explained above, students tend to have a hard time leaving the alternative placement and reintegrating into their original classroom. When they do successfully return to their school, they are more likely to become repeat offenders and be placed in another alternative education program soon after.

Sadly, this kind of discipline treats students as if they were criminals, which significantly impacts their self-confidence and worth. It is very common for students in alternative education programs to funnel into the juvenile justice system. There are fewer resources at alternative high schools and more interactions between students who have severely misbehaved.

Can Expelled Students Go to College in Oregon?

Yes, expelled students have every right to go to college in Oregon. Typically, if a student is unable to get their high school diploma because of their disciplinary placement, they can still pursue a GED or other high school equivalency exam. Once they are able to get this, they can apply to college. Though, many colleges will inquire about the student's disciplinary placement – because it is noted on their final transcripts – and this could inhibit them from being admitted.

Can an Attorney Help With a High School Expulsion?

An education defense attorney-advisor has experience defending high school students from disciplinary placements, making them great resources for your case. Your child has not committed a crime or broken any laws, and they shouldn't be subjected to a punishment that suggests they did. Not only will your attorney-advisor be able to attend the expulsion hearing with you and help present evidence and witness testimony on your child's behalf, but they will also be able to negotiate with the school to mitigate any unnecessary consequences.

Get the Help You Need for High School Disciplinary Placement in Oregon

Attorney Joseph D. Lento and the Lento Law Firm Education Law Team have helped a number of students across the country navigate disciplinary placement hearings and negotiations. They understand how difficult these accusations and proceedings can be and can provide guidance on how to succeed. A mistake should not derail your child's entire life. Call Lento Law Firm today at 888-535-3686 or schedule a consultation online.