Every parent wishes their child to succeed, but sometimes high school students face obstacles that schools categorize as disciplinary issues. When this occurs, students may face suspension or expulsion penalties, which will remove them from their current school and place them in an alternative education. These programs aim to guarantee that all Washington students have the opportunity to receive an education, irrespective of their conduct. However, in reality, these disciplinary placements can have a negative impact on a child's future and hinder their academic progress.
We have provided answers to all the questions you may have regarding your child's expulsion in Washington and attendance in an alternative education program as a disciplinary measure. If your child is facing such a disciplinary placement, it is critical to seek assistance from a student defense attorney-advisor as soon as possible.
What Type of Discipline Do Washington Schools Use?
Washington state believes in resolving disciplinary issues by using a restorative justice model. Restorative justice is a set of principles that allows students to restore what they harmed. Traditional disciplinary models penalize and punish students, taking away their ability to truly learn what they did wrong and have a chance to make amends for it. Further, the traditional models also negatively affect marginalized students disproportionately more than other students.
To combat this inequity, Washington is focused on improving the academic atmosphere, increasing graduation rates, and decreasing suspensions and expulsions. So, when a student commits misconduct, they may be required to complete one of the following:
- Reimbursing their victims.
- Drafting written or verbal apologies.
- Participating in community service.
- Attending solo counseling or therapy sessions.
- Attending group counseling or therapy sessions.
- Participating in mediation with an unbiased third-party moderator and the alleged victim.
While Washington is keen on providing students with different ways to make amends for their actions, there are some behaviors that will require a suspension or expulsion. For example, if a student brings a gun into the school and threatens another student with it, the school will be forced to expel the student. In an effort to continue to provide those students with an opportunity to rehabilitate themselves, Washington state has implemented alternative education programs.
Attorney Lento and the Lento Law Firm Education Law Team understand that parents tend to believe their child could not be capable of an action that would encourage a suspension or expulsion punishment. So, when it happens, it can feel very overwhelming. That overwhelming feeling seems to cloud a parent's ability to recognize that alternative education programs are not real, acceptable alternatives to a public high school education. In reality, though, it may have an incredibly undesirable impact on your child's education and physical and mental welfare.
Can High School Students Be Expelled in Washington?
Under Washington state law, students can only be expelled or suspended if their behavior meets certain criteria. First, if a student engages in one of the following actions two or more times within a three-year period, they may be suspended or expelled:
- Abusing, insulting, or using obscene language in the classroom.
- Disrupting the classroom's ordinary activities.
- Purposefully participating in gang activity.
- Participating in gang intimidation.
- Defaces or injures school property or property belonging to a school contractor, employee, or another student.
- Possesses or carries a dangerous weapon on school grounds or school-provided transportation.
Additionally, if a student is adjudicated for committing one or more of the following offenses, they may also be expelled:
- A violent offense,
- A sex offense,
- Any crime under RCW 9.41, or
- Illegally delivered, possessed, or both, a controlled substance.
What Happens to Expelled High School Students in Washington?
Expelled students are sent to alternative education programs, which are meant to be temporary placements that allow the student to return to their former school at the end of the placement period.
Alternative education programs are provided for by each county and usually include alternate high school environments that students can enroll in. Traditionally, there are fewer alternative high schools per state than regular public schools. For instance, in Washington, there are 333 alternative public schools, serving 54,722 students – 300 of which are reserved for high school students.
Unfortunately, this means that if a student is expelled or suspended and forced to attend an alternative education program, they will have very little choice in which program they are enrolled.
How Does a Student Get Sent to Alternative Education in Washington?
For the most part, if a student is being excluded from their classroom for an extended period of time, they will be referred to an alternative education program. The specific reason a student would be sent to one of these programs in Washington will largely depend on the nature of their misconduct. For example, if a student is found vandalizing school property or assaulting another student, and this is their third offense, the school will determine that their restorative justice system has been unsuccessful and expel or suspend the student instead.
Washington state is keenly interested in keeping its teachers, faculty, and staff safe, so even if a student is merely linked with one of the behaviors above, they could still face expulsion.
Will My Student Get Expelled for Bringing a Gun to School in Washington?
In Washington, if a student carries or possesses a gun at a public elementary or secondary school, on public school-provided transportation, or in facilities that are being used exclusively by public schools, they will be expelled. Additionally, the expulsion must be for longer than one year.
If you suspect that your child has been unfairly expelled, you should reach out to a student defense attorney-advisor and request an expulsion hearing with the school authorities right away. In this hearing, your attorney-advisor can offer relevant witnesses and evidence to argue and negotiate with the school on your child's behalf. The goal is to overturn the expulsion decision and reinstate your child's academic pursuits.
How Many Alternative Education Programs Are There in Washington?
There are 333 alternative education programs in Washington, 300 of which are used for high school students. Of these 300 alternative education programs, 38% of the population is made up of minorities.
How Long Do Washington Expulsions or Disciplinary Placements Last?
In Washington, the state has made it explicitly clear that disciplinary placements cannot be indefinite and must have an end date. Additionally, a school district cannot interfere when a student completes their placement and wishes to return to their former school unless:
- The school district superintendent authorizes an extension.
- The student was suspended or expelled because they committed a serious offense, such as an assault, a drive-by shooting, a hate crime, or recklessly endangered a teacher or student.
- Or they are otherwise prohibited by law from returning.
Sometimes, students are not expelled but are instead suspended from their regular educational setting. Short-term or in-school suspensions cannot last longer than the school year in which the misconduct occurred and cannot be for more than fifteen cumulative school days during a single semester or more than ten cumulative days during a single trimester.
No matter which punishment the school district chooses, your attorney-advisor will work tirelessly to lessen the length of the placement or have it overturned completely.
What Is a Re-engagement Plan?
When high school students are suspended or expelled in Washington, school districts are supposed to help them return to an educational setting as soon as possible. While this could be the student's former school, most of the time, it is an alternative high school program. To ensure your school district is following the rules, they must meet with you and your child within 20 days of their long-term suspension or expulsion starting. This meeting is meant to provide the parents or legal guardians with an opportunity to provide input on the creation of the re-engagement plan.
The student's re-engagement plan, also called a "rehabilitation plan" in some states, should be completely tailored to your child and their unique situation. As such, it will outline the disciplinary placement, how it should be fulfilled, and the consequences for failing to execute the plan fully. The goal is to make sure your child is maintaining their academic achievements and staying on track for graduation.
Because every re-engagement plan is different, the specifics of what is included will also vary. Typically, though, re-engagement plans include topics like:
- GPA requirements.
- Attendance requirements.
- Enrolling in therapy for a certain number of hours.
- Making sure the child appears and engages in the therapy sessions.
- Abiding by local, state, and federal laws.
- Following school rules.
- Avoiding behavior that would instigate an emergency removal from the school.
- Refraining from misconduct that is subject to suspension or expulsion.
- Attending community service.
- Taking and passing drug tests.
- Writing personal essays explaining their behavior and thoughts.
- Getting letters of recommendation from therapists, attorneys, staff, and teachers for readmission.
- Applying for readmission to the school.
- Behavior that must be strictly avoided.
Many students may find that meeting these requirements is quite difficult, especially if they are still disturbed by the original accusations. So, it is very important for your attorney-advisor to help you craft the re-engagement plan and ensure your child is not subjected to any further negative consequences because of their alleged behavior.
Will My Student Have a Hearing Before They Get Expelled?
Washington legislature states that all students have the right to a hearing before the school district can suspend or expel them. First, the principal of the school must conduct an initial hearing with the student to hear their side of the story. Parents are supposed to be present during these initial hearings, and the school must provide the student with an opportunity to contact their parents prior to starting.
Once the initial hearing is completed, the school district will notify the parents and accused child of a formal hearing. This written notice must also describe the procedures for the hearing, the option for an additional conference with the principal, and the appeals process.
Often, disciplinary hearings are extremely stressful for all parties involved, but especially for the parent and child. Working with an attorney-advisor can help alleviate this stress, as they will be able to explain the process in greater detail, answer questions, and provide encouragement along the way. Additionally, an attorney-advisor will become familiar with the Washington state rules, as well as the school's individual code of conduct, and strategize the best way to advocate for your child.
When Is a Washington School Not Allowed to Expel a Student?
High schoolers in Washington cannot be expelled or suspended without reason. If the student misbehaves, it must fall within a certain set of parameters to make them eligible for disciplinary placement. A student defense attorney-advisor will be able to determine if your child is accused of an expellable offense. In cases where the student is being suspended or expelled without proper cause, your attorney-advisor will be sure to hold the school accountable, both with the district and civilly.
Furthermore, before a Washington high school can resort to expelling or suspending a student, they must consider other forms of discipline to support the student. It's only when those forms of discipline are unsuccessful, or the conduct is so egregious that it falls within certain parameters, that a student should be expelled.
Can My Student Appeal Their School Expulsion?
The short answer: Yes.
According to the Washington state legislature, students or their parents have the right to appeal a suspension or expulsion to the school district superintendent. The appeal can be made either orally or in writing, but it must be submitted within the school district's established time limit. The time limits will vary, but they cannot be less than five school days from the date the district provided you with written notice of their decision.
Further, appeals can only be made on specific grounds, and the superintendent only has two days to make their decision on the appeal. The superintendent can decide to either affirm the decision, reverse it, or modify the school district's original disciplinary decision.
It is important to remember that appeals are a necessary part of the defense process. If your original defense is unsuccessful, an appeal offers your child a second chance at avoiding unnecessary punishments. Appeals can also help establish grounds for civil lawsuits against the school or the school district later on. An attorney-advisor will be able to discuss the benefits of an appeal with you and your child during your consultation.
Does Disciplinary Alternative Education Have Downsides for My Student?
Alternative education programs were initially established to help struggling students rehabilitate themselves. However, over the years, these programs have become more harmful than helpful for many students. If a child is referred to an alternative education program due to disciplinary issues, it will be noted on their school records and transcripts, potentially impacting their future chances of admission to college or employment.
These programs have significant issues, including lower education standards, which are in part due to the program's lack of resources and quality educators. In some cases, too, classroom behavior is highly exaggerated, forcing children to attend alternative education programs without cause.
Another significant issue is that there are fewer alternative high schools available than regular public schools in the state of Washington. Because there are fewer schools, students have to travel farther to get to school, which can discourage attendance. If a student is being sent to an alternative education program for disciplinary reasons or excessive absenteeism, forcing them to attend a program that is far away sort of defeats the purpose.
Can My Child Be Sent to Alternative Education in Washington More Than Once?
In Washington, the majority of students who are sent to an alternative education program will likely be sent back again before completing their high school education. This is due to the fact that many students who attend alternative high schools are not receiving adequate education and fall behind in their coursework. Upon returning to their traditional high school setting, they may feel embarrassed or struggle to catch up with their peers, which may lead to further misconduct.
Unfortunately, alternative education programs and alternative high schools are frequently used as a quick way for public schools to remove difficult students. Despite being aware that students are receiving a substandard education, schools justify their actions by claiming that students are still receiving an education, even if it is not high quality.
What Should I Do if I Know My Child is About to Be Expelled?
If your child is facing a disciplinary issue, you may hear about it from them before the school is able to notify you. Regardless of how you find out, it is crucial to take the following steps:
- Contact the school immediately to understand the situation, request specific facts, and inquire about the intended disciplinary action.
- Consult with a student defense attorney-advisor to develop a defense strategy.
- Check on your child's well-being and ask them to provide an explanation of the incident, documenting all of the details.
- Keep a record of any evidence, including pictures, teacher notes, and any physical injuries your child may have sustained.
- Maintain detailed notes of your meetings and conversations with school officials.
- Keep hard copies of all documentation received from the school.
- Familiarize yourself with the school's code of conduct, including the alleged misconduct and the school's disciplinary process.
What Are Some of the Long-Term Effects of Alternative Disciplinary Education on Students?
Alternative high schools have been known to regard students as similar to criminals, causing long-term damage to their physical, mental, and emotional well-being. For example, once a student's disciplinary placement in an alternative school is complete, it may be challenging for them to reintegrate into a traditional high school setting. Often, upon returning to their former school, they may find themselves in another disciplinary placement soon after. Furthermore, students who have undergone alternative education programs are more likely to enter the juvenile justice system at some point.
Although designed to be helpful, alternative high schools can have severe and adverse consequences that can exacerbate a struggling student's situation, potentially forcing their behavior to regress.
Can Expelled Students Go to College in Washington?
Although expelled students retain the right to enroll in high education, they may encounter difficulties in gaining admission to a college or university in Washington. Educational institutions prioritize their own reputation when selecting applicants for admission. Thus, if a student has a history of disciplinary problems, including suspensions or expulsions, they may decline to admit them.
Hiring a student defense attorney-advisor is the best way to lessen the impact of your child's disciplinary actions on their ability to go to college in Washington.
Can an Attorney Help With a High School Expulsion?
Although your child may not be facing criminal charges, the disciplinary consequences they could face may still be severe. Thus, it is worthwhile to seek the assistance of a competent attorney-advisor with the necessary legal knowledge and technical acumen to assist you and your child in navigating their disciplinary proceedings. With an attorney-advisor by your side, you will have support during the expulsion hearing, and they will identify a strong defense on your child's behalf, guaranteeing the best possible outcome for your case.
Get the Help You Need to Deal With a High School Disciplinary Placement in WA
Education attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team have extensive experience helping students with disciplinary matters nationwide. As such, they know how complex these cases can be and are committed to providing students with unwavering support to help them succeed. Additionally, the Lento Law Firm is conscious of the potential bias of school authorities and strives to protect students from undue punishment. Contact the Lento Law Firm for help today at 888-535-3686 or contact us online.
