Parents in Virginia whose high school student faces disciplinary placement rightly have serious concerns. Parents also have many good questions. If your student's Virginia high school has threatened your student with placement in one of the state's alternative high schools, you should be asking the hard questions. You should also be getting straight answers. Retain the Lento Law Firm's Student Defense Team and premier education attorney advisor Joseph D. Lento to help your student avoid Virginia high school disciplinary placement.
What Is Virginia Disciplinary Alternative Placement?
In so many words, Virginia disciplinary alternative education placement means boot camp or reform school. Virginia educators don't like giving disciplinary placement negative labels. Doing so doesn't necessarily help students who end up in an alternative high school. But make no mistake: disciplinary placement means that school officials feel that your student doesn't deserve to attend the regular high school. Virginia Code Section 22.1-276.01 defines an alternative education program as "night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate." Disciplinary placement is for troubled students.
What Sends a Student to Virginia Disciplinary Placement?
Virginia high schools find many different disciplinary violations, pretty much as the school district defines. Virginia Code Section 22:1-277.2:1 authorizes school officials to expel a student to disciplinary placement for offenses "on weapons, alcohol, or drugs, or of a crime that resulted in or could have resulted in injury to others…." But the same section further authorizes expulsion to disciplinary placement for "a serious offense or repeated offenses in violation of school board policies…." So, whatever the school board says is serious misconduct could become grounds to try to get your student out of the traditional high school and into disciplinary placement. It doesn't have to be drugs, weapons, alcohol, or violence. It could be insubordination, disrupting class, and other vague wrongs.
How Will I Learn of My Student's Disciplinary Placement?
School officials must notify you in writing of your student's disciplinary placement option when an out-of-school suspension exceeds ten days. The written notice of long-term suspension must tell you about the district's disciplinary alternative schools. Virginia Code Section 22.1-277.05 states expressly that the notice "shall provide information concerning the availability of community-based educational, alternative education, or intervention programs."
Can I Fight Virginia Disciplinary Placement of My Student?
Absolutely. Virginia Code Section 22.1-277.06 permits school officials to expel your student. But the same section requires that school officials notify you in writing not only of the expulsion but also of your right to challenge the expulsion before the school board or its committee. A committee must have at least three members. The board or committee has the right to overturn the expulsion. Your retained attorney advisor can help you prepare the presentation to the board or committee that will give your student the best opportunity to remain in the traditional high school.
Can I Fight Disciplinary Placement Alone, Without Help?
Get qualified attorney advisor help for your student's best outcome to Virginia disciplinary placement proceedings. Parent involvement is generally critical to their student's best outcome. Parents generally have their student's best interests at heart. But few parents have the academic administrative skill and legal knowledge to advocate effectively for their student in high school disciplinary placement proceedings. Yes, you can go it alone. No, you generally shouldn't.
What Does an Attorney Advisor Do in Virginia Disciplinary Placement Cases?
A skilled and experienced attorney advisor will generally promptly notify school officials of the attorney advisor's involvement. That appearance alone often gets school officials paying proper attention to your student's rights and best interests. Your attorney advisor can also help you present exonerating and mitigating evidence explaining any conduct issues. Your attorney advisor may also propose and negotiate win-win alternatives to disciplinary placement. If early informal resolution does not result, then your attorney advisor may invoke the district's formal hearing procedures and help you prepare for a winning presentation. Your attorney advisor may also pursue appeals, special oversight relief, and in some cases, even seek regulatory intervention or pursue litigation.
What Factors Influence Virginia Disciplinary Placement?
School officials and hearing committees should decide each case on its own facts and circumstances. That's why you need skilled and experienced student defense representation. Your retained attorney advisor can help school officials and hearing committees see why your student should remain in the traditional high school setting. But under Virginia Code Section 22.1-277.06, school officials and hearing committees are to consider these factors:
- the nature and seriousness of the violation;
- the degree of danger to the school community;
- the student's disciplinary history, including the seriousness and number of previous infractions;
- the appropriateness and availability of an alternative education placement or program;
- the student's age and grade level;
- the results of any mental health, substance abuse, or special education assessments;
- the student's attendance and academic records; and
- such other matters as the superintendent deems appropriate.
Does Virginia Have Automatic Disciplinary Placement?
Yes. Under Virginia Code Section 22.1-277.07, weapons possession brings automatic expulsion, generally leading to disciplinary placement. And under Virginia Code Section 22.1-277.08, certain drug offenses bringing a controlled substance, imitation controlled substance, or marijuana onto school property or to a school-sponsored activity bring automatic expulsion, generally leading to disciplinary placement.
Does Virginia Allow Any Exceptions for Weapons and Drug Offenses?
Yes. Virginia Code Section 22.1-277.07 on automatic weapons expulsions states that "a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate." Similarly, Virginia Code Section 22.1-277.08 on automatic drug expulsions states that "a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate." Retain a skilled attorney advisor to advocate for an exception to your student's automatic disciplinary placement.
Must My Student Attend Some School?
Yes, generally so. Virginia, like other states, has a compulsory school attendance law that generally requires children to remain in school or receive qualifying home instruction until age eighteen. If your student's traditional high school kicks your student out of that school, then your student will likely need to attend an alternative disciplinary school to satisfy Virginia's compulsory attendance requirements. Virginia Code Section 22.1-254 states that:
"... every parent, guardian, or other person in the Commonwealth having control or charge of any child who … has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, cause such child to attend a public school or a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board… or provide for home instruction of such child as described in §22.1-254.1."
Do Virginia Disciplinary Schools Satisfy the Truancy Laws?
Yes. If your student's traditional high school kicks your student out, your student's attendance at a disciplinary school should meet Virginia's compulsory attendance law. Disciplinary placement may be your student's only practical option if your student cannot remain in the traditional high school. Virginia Code Section 22.1-254 on compulsory attendance expressly states that:
"... the requirements of this section may also be satisfied by causing a child to attend an alternative program of study or work/study offered by a public, private, denominational, or parochial school or by a public or private degree-granting institution of higher education."
Why Fight Virginia Disciplinary Placement?
Parents have plenty of reasons to be concerned about Virginia's disciplinary alternative education placement. Call them the big four reasons: (1) lower quality education; (2) higher dropout rates; (3) student safety concerns; and (4) greater likelihood of experiencing the juvenile justice system. No parent would wish any of those things on their student. Parents desire the opposite: quality education, high graduation rates, safe learning environments, and no thought of seeing their students enter the juvenile justice system. Yet that's the general picture of alternative disciplinary education in Virginia as elsewhere. Shunting all the troubled students into a disciplinary school generally makes for a troubled school.
Why Would Virginia Alternative Disciplinary Placement Be Lower Quality?
Disciplinary alternative education in Virginia and elsewhere generally produces significantly lower test scores, graduation rates, and other academic success measures for several reasons. The school schedule is one. Instead of the traditional high school's all-day, every-day classes, alternative schools generally have non-traditional, flexible hours. Virginia's Department of Education lists the wide variety of Virginia disciplinary alternative schools, many touting abbreviated, flexible, non-traditional schedules. Wythe County, for instance, offers an Alternative Night School, while other districts offer shortened hours and alternate day schedules. Some alternative schools don't even have a traditional school building. Carroll County, for example, offers an "off-campus" program at a vocational center. Lowered expectations, lack of peer support, and uneven instruction can be other reasons contributing to lower academic performance.
Why Are Dropout Rates Generally Higher for Virginia's Disciplinary Schools?
Many of the same factors that produce Virginia disciplinary alternative placement's generally lower academic scores contribute to higher dropout rates. Without a traditional school schedule, students at alternative schools lack the clear structure they need to thrive. Without strong academic peers, students lack peer accountability and support. With lower expectations, students meet those lower expectations rather than strive to achieve.
Doesn't Virginia Hold Alternative Schools Accountable?
Virginia doesn't appear to have an effective accountability tool in place for alternative disciplinary education. An investigative report indicates how traditional high schools in some areas dump students with poor academics into their alternative schools to meet state and federal standards. That practice may be especially prevalent where states exempt their alternative schools from meeting standards. Virginia Code Section 22.1-269.1.B. lets school districts set their own standards for alternative schools. Virginia Code Section 22.1-277.2:2 requires districts to publish alternative school data but not academic success.
Why Might Virginia Disciplinary Placement Be Unsafe?
Alternative high schools in Virginia and elsewhere can be more dangerous because of the unruly and even dangerously violent students whom school officials often send there. One Virginia press report, for example, discloses the efforts of a large district's superintendent to place in a new alternative school a student already twice found to have sexually assaulted other students at two traditional high schools. Presumably, the sexually violent student's disciplinary placement in the new alternative school would occur after the juvenile court released the student at age eighteen from juvenile lockdown. That example is a dramatic illustration of the potential dangers. But keep in mind that students expelled from their traditional high school because of weapons possession and drug possession also end up in the state's alternative high schools. That student population can foster a dangerous mix, no question.
Aren't Virginia's Alternative Schools Better Today?
Virginia state and school officials continue to tout and defend their efforts to improve the state's disciplinary schools. But it is, and may always be, an uphill battle. More than a decade ago, a press report on one of Virginia's large school districts described the district's three disciplinary schools, serving over 1,600 troubled students, like this: "For the past two decades, 'those kids' have been sent away to windowless old buildings or classrooms in trailers–those with discipline problems, the returning dropouts, the pregnant girls." The story reported on the serious discipline problems at the alternative schools. Officials claimed that a dramatic revamp would address those problems. Yet the solution? Move all 1,600 troubled students, including both the academically challenged and violent, into a single campus.
Does Virginia Discipline in Discriminatory Patterns?
Unfortunately, yes. An investigative report shows that Virginia, like many other states, disciplines students disproportionately based on their race. For the period studied, more than half of the Virginia students facing out-of-school discipline, where they would be eligible for alternative placement, were African American. That's more than double the percentage of African-American students in the state. That's also 3.7 times the rate of discipline Virginia's white students face. By contrast, Virginia is more than twice as likely to place its white students in advanced classes as its state's black students.
What If My Student Has a Disability and IEP?
If your student has a qualifying disability, then the federal IDEA law requires that your student's Virginia high school conduct a manifestation determination before sending your student to an alternative disciplinary placement. A manifestation review determines if your student's disability played a role in the grounds for discipline. A manifestation review gives you, your student, your retained attorney advisor, and teachers and disability officers at the school the opportunity to advocate for disability accommodations instead of disciplinary placement. An effective presentation at the federally required manifestation review could be your student's ticket to remain in the traditional high school with improved accommodations.
May My Student Return to Regular School After Disciplinary Placement?
Generally, yes. Once a long-term suspension ends, the district should permit your student to return to the traditional high school. But beware: school officials may try to get you to keep your student at the alternative school. Virginia Code Section 22.1-277.05 states that the school's notice to the parent must "state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the school board during or upon the expiration of the suspension."
Who Pays for Virginia Disciplinary Placement?
The school district trying to send your student to alternative disciplinary placement must pay for the basic alternative education program that the district offers. But that basic program may not at all suit your student. And Virginia Code Section 22.1-277.05 states expressly that if your student wants or needs anything different or better than the basic alternative the district offers, then you'll generally be paying for it: "The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his suspension shall be borne by the parent of the student."
What Are Virginia Alternatives to Disciplinary Placement?
High schools in Virginia and elsewhere may have many better alternatives than disciplinary placement. Depending on the student and circumstances, Virginia school officials may impose any of these forms of discipline and remediation instead of disciplinary placement: loss of athletics or club privileges; behavior contracts; after-school detention; extra assignments; classroom removals or reassignments; in-school suspension; restitution; remedial training or education; and community service. Retain a skilled attorney advisor to advocate with school officials for these better options fitting to your student's circumstances.
May I Appeal a Virginia Disciplinary Placement Decision?
Yes, in some cases. Virginia Code Section 22.1-277.06 guarantees you a hearing before the school board or its committee. If a committee rather than the board decides the matter, and its decision isn't unanimous, then the same code section guarantees you an appeal to the school board.
What If We've Lost My Student's Hearings and Appeals?
Don't give up if you've lost all of your student's hearings and appeals, and the district's decision remains to send your student to disciplinary placement. National education attorney advisor Joseph D. Lento has successfully negotiated in many cases with district general counsel, outside retained counsel, and other school oversight officials for alternative special relief, even after all hearings and appeals concluded. Oversight officials ensure that the school has treated the involved student fairly while minimizing litigation and regulatory risks. Let the Lento Law Firm and attorney advisor Lento review your student's case and reach out to school district oversight officials seeking special relief.
Should I Sue My Student's Virginia High School?
Litigation can be an option in some cases. Generally, your best results are an early informal resolution. Your student needs a positive resolution quickly so that the disciplinary matter does not interfere with your student's education. Retain a skilled attorney advisor to work toward that early informal resolution. But if all formal and informal school channels have failed to provide your student with relief, federal and Virginia laws guarantee your student certain rights. And if your student's school has violated those rights, your student may have a Section 1983 action or other theories for lawsuit relief.
What Does My Student Have at Risk in Virginia Disciplinary Placement?
Ultimately, you need to appreciate how much your student may have at risk in a fight against Virginia disciplinary placement. High school years are critically important transition years from childhood to adulthood. A successful high school experience can make a world of difference to a student's future. A strong high school experience is more than a door to higher education, vocational opportunities, and careers. High school also means the opportunity to grow and mature mentally, physically, and socially. Don't let disciplinary placement get your student off track. Don't underestimate all that your student has in a fight against disciplinary placement. Instead, get the skilled and experienced academic administrative attorney advisor help your student needs at this critical moment.
Disciplinary Placement Defense for Virginia High Schoolers
Parents in Virginia can join the hundreds of parents and students nationwide who have trusted the Lento Law Firm's Student Defense Team for a successful outcome to their school issues. Call 888.535.3686 or go online now to retain the Lento Law Firm Team and premier education attorney advisor Joseph D. Lento. When you retain the Lento Law Firm's Student Defense Team, you retain the best available national education attorney advisor representatives.
