FAQs: Expulsion and Disciplinary Placement in Wisconsin High Schools

Disciplinary issues are a common part of the educational system. When it's your child, however, the process can seem confusing and unduly harsh.

What a school administrator may insist is best for your student may be more about what's best for the school. Schools may misunderstand or label a student as a problem when the foundational issue is due to unaddressed behavioral issues, stressful life events, or lack of support. In addition, students may struggle if a school prioritizes punishment over addressing and correcting behavior. Students with disabilities are more likely to be referred for disciplinary action.

Parents should also understand that minor disciplinary actions can unfairly mark a student as difficult and in need of discipline or alternative placement. These students are often targeted or singled out by school administrators and are more likely to end up suspended, expelled, or referred to alternative education programs.

If your student is facing disciplinary action, you may feel alone in navigating your options. You want what's best for your child, and you may feel you are being pressured into certain decisions or options that are not the best for your child or their education. Enlisting the help of a law firm experienced in student discipline defense is one of the best ways to support your child and ensure their rights are protected.

What Types of Discipline Does Wisconsin Law Allow?

Wisconsin law provides schools with several options for enforcing discipline with students. A 2022 report from the Department of Education summarizes the relevant laws in the state regarding student discipline. Some of the ways that schools and staff members can enforce discipline under Wisconsin law include:

• Removing students from the classroom
• Suspension
• Expulsion
• Restraint
• Referral to another course or class
• Referral to another institution
• Referral to an alternative education program

When Can a Teacher Remove a Student from the Classroom?

A teacher may remove a student from a classroom when the student violates the classroom code of conduct or exhibits behavior considered unruly or disruptive or that otherwise interferes with the class. The teacher must refer the student to the principal or the principal's designee and provide a reason for the removal. Within 24 hours, the teacher must submit a written document that explains the reason for the student's removal.

The principal or designee will then decide the next steps. They may decide to readmit the student to the class, assign the student to another class or setting, or refer the student to an alternative education program. The decision may depend on several factors, including the specifics of the circumstances and the student's conduct, the availability of other options, the interests of the teacher and other students in the class, and the interests of the student in question.

While removing a student from a class may seem minor, parents or guardians should follow up with the school. These proactive actions may prevent a student from being unfairly labeled as a “problem” in need of discipline.

Does Wisconsin Allow Corporal Punishment?

In general, Wisconsin does not allow any school official to subject a student to corporal punishment. The one exception is that a school official may use “reasonable and necessary force” to remove a disruptive student from school premises or a vehicle such as a school bus.

If you believe a school official unfairly used force on your student, you should contact an attorney as soon as possible.

Does Wisconsin Allow Schools to Restrain Students?

In some cases, school staff and administrators are legally allowed to restrain students. All of the following must apply for the restraint to be legal:

• The student must be behaving in a way that creates a “clear, present, and imminent risk” to either the student's or others' physical safety
• The restraint is the least possible intervention
• No medical issues exist that would be contraindications for the restraint
• The degree of force used and the duration of the restraint does not exceed what is reasonable and necessary to end the “clear, present, and imminent risk”
• The following techniques were not used:
• Those that fail to properly protect the student's head and neck
• Those that place pressure or weight on the chest, lungs, sternum, diaphragm, back, or abdomen or would cause a chest compression
• Those that risk obstructing the student's circulation or breathing
• Those that put the student in a prone position
• The restraint does not meet the definition of corporal punishment
• The student was not subject to a mechanical or chemical restraint, except for safety restraints used in a moving vehicle or those designed to ensure a student's body maintains proper alignment and balance or to ensure a student's mobility

If and when a student is subjected to physical restraint, school officials must notify parents or guardians no later than one day after the restraint and inform them they may access the written report. The written report must be available within two days after the incident and must be sent, either by mail or electronically, within three business days to the student's parents or guardians.

Both the federal government and state legislatures have considered banning restraint in schools. Studies indicate that schools potentially underreport the use of restraint. Research also underlines that more effective methods exist, such as PBIS.

If your student has been restrained and now faces disciplinary action, you should not rely on the school to conduct an impartial investigation. A school will often focus more on protecting its staff and reputation over whether they acted improperly.

What Is PBIS?

PBIS stands for Positive Behavioral Interventions and Supports. Parents and guardians of children facing disciplinary action should be aware of PBIS and how it may be an alternative to expulsion or referral to an alternative education program.

Part of the Wisconsin Response to Intervention (RtI) Center, the goal of the program is to apply “evidence-based practices and strategies for all students to increase academic performance, improve safety, decrease problem behavior, and establish a positive school culture.” Implemented in over 40 states, the program is intended to keep students in traditional school settings when possible.

PBIS recognizes that issues outside of the classroom, including mental health or family problems, can affect a student's ability to learn. Research indicates PBIS implementation not only benefits students but also increases teacher well-being and job satisfaction. In addition, one current research topic for PBIS is how implicit bias can affect school discipline.

At present, schools are not required to implement PBIS, although the number of schools adding it to their curriculum expands every year. If you believe your student's issues stem from behavior issues due to the school environment, especially one that favors punishment over education, advocating for a PBIS-based approach may be one option to consider.

What Is the RtL Center?

Comprised of 12 regions, the RtL Center provides training and development services to help school districts better implement programs and systems to support all students. In Wisconsin, the PBIS program is part of the RtL Center, and the program focuses on behavioral issues.

Appleton High School, for example, implemented a restorative disciplinary practice in the 2014-2015 school year. Teachers were encouraged to teach rather than punish, and the result was a decrease in suspensions and a 37 percent drop in office disciplinary referrals. Other schools that have implemented RtL recommendations have also reported a decrease in disciplinary measures and suspensions along with an increase in class attendance.

These programs are not mandatory. If your student is facing issues, you should inquire about whether the district currently uses any of the RtL recommendations. In some cases, your student's issues may be due to outdated or inappropriate disciplinary techniques that focus on punishment rather than behavior correction.

Can a Student Be Expelled?

Wisconsin allows schools to expel students for several reasons. Only one reason requires expulsion: If a student brings a firearm to school. If and when a student brings a firearm to school, they face automatic expulsion.

The other reasons provided by statute do not mandate expulsion but instead provide grounds for expulsion. In general, if a school can show that a student put other students or school staff in danger, that student is more likely to be expelled due to a school having to ensure a safe environment for everyone.

Repeated refusals to follow school rules can also result in expulsion. Students over 16 years old may also face expulsion if they repeatedly disrupt normal school proceedings and/or make it difficult for teachers and other school staff to manage an educational atmosphere.

One caveat is that if a student has a disability, different rules apply under federal law.

Will My Student Be Expelled for Bringing a Gun or Other Type of Firearm to School?

Yes. The only type of automatic expulsion in Wisconsin relates to bringing a firearm onto school grounds or when a student is in the care of a school official. While the law does not include weapons such as BB guns in the mandatory expulsion requirements, school districts may choose to add additional weapons to the category of automatic expulsion.

Although the law says that school districts must expel a student who possesses a firearm for at least one year, school districts may alter the expulsion length on a case-by-case basis.

Wisconsin does provide one exception to the automatic expulsion rule: Students who are legally hunting in a school forest. If a student can show that they had a firearm on school grounds to legally hunt, they should not be expelled.

If your child is found to have brought a firearm onto school grounds or while the responsibility of a school official, you do not need to simply accept the expulsion.

Will My Student Have a Hearing Before They Get Expelled?

Yes. Wisconsin schools are required to follow due process procedures before expelling a student. Schools must inform parents or guardians as well as the student of the date, time, and location of the hearing as well as the reason for the possible expulsion. Once the school sends notice of the hearing, a school may suspend students for up to 15 days.

While not required, you can have an attorney at the hearing to represent your child. In addition, parents or guardians can request the expulsion hearing be closed to the public, although the school must keep a record of the hearing.

During the hearing, Wisconsin recommends that the school consider the following factors:

• The misconduct itself and its severity
• How the misconduct affected the school environment
• If the expulsion is necessary, given the impact on the school environment, including the safety of staff and other students
• Options other than expulsion are available at either the school or in the wider community
• Other educational options that will provide a safe learning environment

If the school district chooses to expel a student, they must send a written notice to the student and parents.

Can My Student Appeal Their School Expulsion?

Yes. If parents or students do not believe the school followed due process procedures, they can submit a letter to the State Superintendent of Public Instruction. The letter must include the name of the student, the name of the school district, the date of the expulsion, and the reason for the appeal. The State Superintendent will then have 60 days to review the expulsion order.

What Factors Does the State Superintendent Consider During an Appeal?

The State Superintendent will focus on if the school district followed the necessary procedural issues for an expulsion.

What the State Superintendent does not review:

• Whether the specific conduct required expulsion
• The length of the expulsion, even if parents or students believe it to be unduly harsh
• The evidence if evidence exists to support the expulsion decision, even if you believe the evidence against expulsion is stronger than the evidence for expulsion

Can a Student or Parents Appeal the State Superintendent's Decision?

Yes. Within 30 days of the state superintendent's decision, families may appeal to the circuit court in the school's county.

If a Student Has a Disability, Can They Be Expelled?

Yes, although in some cases, that disability may act as a defense against expulsion. Students with disabilities are more likely to be disciplined in school. They are also more likely to act out if they are not receiving the proper support in a school environment.

If you believe your student is being disciplined as a result of their disability, you should advocate for a new IEP or better support in the school environment rather than punishment. To qualify under IDEA, a student must have a documented disability.

If you believe that your student's disciplinary issues, including expulsion, are the result of an undiagnosed disability, you should push for an evaluation of your student in lieu of disciplinary action.

My Student Has a Disability and Was Expelled. Can Other School Districts Refuse to Admit Them?

Under federal law, a school district may not decline to admit a student with disabilities due to expulsion from another school. Federal law requires that local education authorities (LEA), usually school districts, “identify, evaluate, and provide a free appropriate public education to all children with disabilities.” That a student was expelled from a school does not end their right to free appropriate public education.

A school district must still provide a student with an IEP. An LEA is not required, however, to admit a student to one of the district's schools if the district can provide an alternative option.

What Happens to Expelled Students?

Students do have options when they are expelled. The Wisconsin Department of Public Instruction keeps a list on its website of virtual charter schools for expelled students. If your student does not have a disability, you should be aware that Wisconsin allows public schools to deny education services when the student is either not a resident of the district or has been expelled from another public school district or charter school.

If a student was expelled from a private school, however, they can attend the public school in their district of residence. Public schools cannot refuse to admit students expelled from private schools.

Can An Expulsion End Early?

Yes. When a student is expelled, a school district may include provisions for early reinstatement.

Reinstatement conditions generally fall into two categories:

• A student must meet a certain condition before reinstatement
• A student must meet a certain condition after early reinstatement but before the end of the expulsion order

An expulsion order must include specific reinstatement provisions for the student. In addition, the conditions must relate to why the student was expelled.

If a student does not satisfy the conditions for early reinstatement, they will not be permitted to rejoin the school at the end of the given expulsion period.

What if a Student Violates an Early Reinstatement Provision?

If reinstated early, a student may have their reinstatement revoked if they violate the reinstatement conditions before the end of the term of expulsion. When revoked, a school district must give the student a reason for the potential revocation and allow the student an opportunity to explain the alleged violation.

If a student's early reinstatement is revoked, the school district must provide written notice that includes an explanation. Unlike the initial expulsion order, an early reinstatement cannot be appealed to the state superintendent.

Once revoked, a student may still return early if the student (or parents or guardians if the student is a minor) and school officials agree, in writing, to modify the original expulsion order.

Can an Attorney Help With a High School Expulsion?

Yes. Wisconsin allows students to have legal representation during an expulsion hearing. Parents or guardians should look to hire a law firm experienced in student defense and education law. The Lento Law Firm, for example, has worked with families nationwide to assist students facing disciplinary issues.

Does Wisconsin Have Alternative Education Programs?

Yes. These options range from early intervention to what the state refers to as “last chance” programs.

Wisconsin law defines alternative education programs as “an instructional program, approved by the school board, that utilizes successful alternative or adaptive school structures and teaching techniques and that is incorporated into existing, traditional classrooms or regularly scheduled curricular programs or that is offered in place of regularly scheduled curricular programs. Alternative education program does not include a private school or a home-based private educational program.”

The schools have a cap of 250 total students with a separate staff and a non-traditional curriculum.

What Is a “Last Chance” Program?

Wisconsin defines last-chance programs as those that:

• Provide alternatives to students “whose behavior has significantly interfered with the safety, well-being, and/or learning of others”
• Support students who are in danger of not graduating

What's the Difference Between an Alternative Program and an Alternative School?

The difference between alternative programs and alternative schools centers on enrollment.

Either a single school district or several districts may operate an alternative program. Students remain part of a specific school for enrollment, testing, and reporting purposes. For example, students in an alternative program may come from different schools and would be considered part of each school despite attending the same program.

In contrast, an alternative school is independent with its own enrollment, testing, and reporting data. An alternative school may be operated by a single school district or be comprised of students referred from several school districts.

Either an alternative program or an alternative school may have its own building or share premises with another school. The key difference between the two is where a student is enrolled.

How Does a Student Get Sent to Alternative Education Program in Wisconsin?

Wisconsin's alternative education program focuses on students who are considered at-risk under the law. At-risk students can meet a variety of criteria ranging from family problems to academic issues. In some cases, students who have committed expellable offenses may be referred to an alternative program or school instead of being expelled.

Students are generally selected or recommended for placement in alternative education. Once a student is referred, the referral is reviewed, and both parents and the student will meet with school officials. The purpose of these interviews is to make sure families understand the program and the reasons the student was recommended for the program. The goal is to ensure that families make an informed education choice.

What Are the Graduation Standards for an Alternative Education Program?

Students in alternative programs may qualify for a diploma by either meeting the state's high school graduation standards or showing a level of proficiency equivalent to the credit requirements. Each school district is required to create a policy that defines what constitutes student proficiency for the purposes of qualifying for a diploma.

Do Students in Alternative Education Programs Receive the Same Diploma?

It depends on the school district. Wisconsin allows each district to decide what type of diploma graduates from alternative education programs receive. Before agreeing to a recommendation for alternative placement, students and parents should ask about the type of diploma the student will receive.

Can Students Who Graduate From an Alternative Education Program Attend College?

It depends on the type of diploma a student receives and a college or university's admission requirements. In some cases, students may need to attend a community or two-year college before qualifying for a four-year university.

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

It depends, which is why parents, guardians, and students should not simply accept a recommended placement in a program or school. When your student is referred to an alternative education program, you should consider the following:

• Why your student is being referred, and why a school believes the program will be to your student's benefit
• Whether the program or school addresses your student's underlying issues
• If your student potentially has an undiagnosed disability
• Why an alternative placement would (or would not) be better than a traditional school for your student
• An alternative program or school's curriculum and mission - e.g., do they operate more from a punishment-based mindset or a behavioral-based mindset?

Much like any school district or individual school, alternative placements can vary in quality of instruction, mission, and overall experience. For some students, an alternative placement may be the best way to address disciplinary or behavioral issues. For other students, either a subpar program or a program that would not address the reasons for their disciplinary issues would not be to their benefit.

You want the best possible education for your children. That's why a law firm experienced in student and educational issues can help you navigate the options and help you determine the best choice for your student.

Get the Help You Need to Deal With a High School Disciplinary Placement in Wisconsin

Disciplinary issues can affect your student's future. If your student is facing disciplinary issues such as expulsion or alternative placement, you may be feeling overwhelmed or unsure of what to do. The Lento Law Firm can provide the support and guidance you need during this difficult time. We have helped parents and students nationwide navigate educational issues. Contact us online or by calling 888-535-3686.