The Disciplinary Placement Process in Maryland High Schools - FAQs

High school is a cornerstone of a child's social and academic development. It's a time in their lives when they're exploring their identity and developing the skills they'll need to flourish and reach their full potential in later life.

However, it's not uncommon for teenagers and young adults to make mistakes or find themselves in difficult situations. After all, they still have plenty of growing up to do. The issue is that one mistake, however innocuous, can lead to significant disciplinary action, including expulsion.

At the Lento Law Firm, we believe that every high school student deserves a second chance – one mistake should not jeopardize their future. If your child is a high school student in Maryland, here's an overview of the types of disciplinary action they could face and how the Lento Law Firm may help you mitigate the long-term consequences where possible.

When Can Maryland Schools Discipline Students?

It varies by the school district. According to Section 13a.08.01.11 of the Code of Maryland Regulations (COMAR), it's up to local school boards to determine:

• What type of behavior merits disciplinary action; and
• What level of disciplinary action is appropriate based on the student's alleged behavior.

In all cases, schools may discipline students if the student violates the school conduct codes, rules, or regulations.

How Do Maryland Schools Discipline Students?

The goals of high school disciplinary action should always be to promote safe classrooms and foster a nurturing environment where students can learn most effectively. Disciplinary action ranges from verbal reprimands to permanent expulsion, depending on the severity of the alleged incident and the student's disciplinary record.

As an example, in Montgomery, students accused of plagiarism could be placed in detention, removed from class, or suspended. However, damaging school property could result in expulsion in serious cases.

When Can Maryland Students Be Expelled or Suspended?

Suspension or expulsion should not be automatic. Students should only be removed from school if it's deemed necessary to protect other students or preserve the stability of the learning environment. In Maryland, there are three levels of suspension and expulsion:

• Suspension for less than 10 days
• Suspension for more than 10 days
• Exclusion (expulsion)

The grounds for expelling or suspending students, and the processes for undertaking such action, are set out in COMAR and the Maryland Code of Education Section 7-305.

Suspension or expulsion can be extremely distressing for your child. And in the case of long-term suspension or expulsion, they could be placed into an alternative education program.

What Are Alternative Education Programs?

In Maryland, students have a right to education even if they're suspended or expelled. Alternative education programs are provided by designated schools to address such specific educational needs. Typically, these programs allow students to continue their education while they're prohibited from returning to school. Students may be placed in these programs if they have significant academic issues or disciplinary issues which can't be resolved in school.

As of 2022, there were only 27 alternative high schools across all local education districts in Maryland.

How Do High School Alternative Education Programs Work?

Alternative education is designed to help students achieve the grades and skills necessary to graduate high school. While these programs primarily cater to expelled students, they are also aimed at students at a high risk of drifting or dropping out of school entirely due to, e.g., pregnancy.

• The goal is to either help students complete their education or return to traditional schooling, depending on their age and academic stage.
• There should be an emphasis on understanding what behavioral, learning, or social problems led to the child being placed into alternative schooling.
• Students should be encouraged to take responsibility for their own learning.

Although once considered punitive and reactive, alternative schools are shifting their focus to supporting and rehabilitating students rather than “punishing” them. That said, there are consequences to alternative schools, and the effectiveness of these schools varies widely – it is still likely to be in your child's best interests to remain in traditional schooling.

Does Suspension Mean My Child Will Have a Disciplinary Placement?

Not always. If a student is suspended, particularly if it's for a short period, they can often study from home. A school official should be appointed to supervise the child's progress and ensure that they are continuing to receive, complete, and hand in assignments on time (COMAR 13a.08.11(G)).

Each school district has leeway in determining when students may be placed on alternative education programs. Students suspended for more than ten days could be placed in alternative education. Joseph Lento and his Education Law Team can help if you have any concerns regarding this matter.

Is Expulsion Ever Required in Maryland?

In Maryland, students who bring firearms onto school property will be expelled for at least one year (COMAR 13a.08.01.12-1). However, the local superintendent is free to recommend a shorter period, or alternative punishment, if they believe this is appropriate.

If your child is expelled for disciplinary matters, such as allegedly carrying a firearm on school property, the incident may also be reported to the local crime enforcement agency. Call the Lento Law Firm for urgent assistance if your child is reported for allegedly possessing a firearm or weapon.

Are Maryland Students Expelled for Absences?

Not if absences are the only grounds for disciplining the student. According to Section 7-305 of the Maryland Education Code, schools cannot expel or suspend a student solely for attendance issues. So, the only way a Maryland high school can expel a student for poor attendance and recommend alternative education is if they've allegedly broken other school rules on school property.

Can Students Be Expelled Without Warning?

Before a child can be expelled and placed into alternative education, the school must follow certain procedures. For disabled students, additional procedures must also be followed.

• Students can't be suspended for more than 10 days, or expelled, without approval from the local school system superintendent.
• Parents are entitled to written notice of the school and superintendent's decision. The notice should specify the reasons for the exclusion and how they can appeal the decision.
• Within 10 days, parents can lodge a written request for an appeal hearing. If the hearing is successful, the exclusion will be reversed so the child can return to school.

Students and parents are entitled to legal representation at any appeal hearing with school officials.

Is Expulsion a Last Resort in Maryland?

Under COMAR, schools in Maryland cannot expel students unless:

• The superintendent determines that the student would otherwise pose serious, imminent harm to other students or staff.
• The school arranges for the child to continue their studies, e.g., through a disciplinary placement.
• The superintendent keeps the expulsion period as short as possible to mitigate the impact on the child.

Expulsion is highly disruptive, even if the student is placed into an alternative program. Very often, it's not the most appropriate way to discipline or rehabilitate a child, especially at this critical stage in their development.

Where Are Disciplinary Placements in Maryland?

Alternative schools are located across the state of Maryland.

For example, in Montgomery, the Blair G. Ewing Center provides placements across Germantown, Rockville, and Silver Springs, and Rosedale Alternative High caters to students in Baltimore County. And the Homewood Center in Howard County offers places to middle and high school students in the area.

There are not many alternative schools, which means students could face long commutes if they're put on disciplinary placements.

What if I Want to Home School My Child Instead?

Students will not automatically receive a disciplinary placement. The goal should be to find a proportionate and flexible solution to fit the child's behavioral and academic needs.

In some cases, such as with short suspensions, it may be deemed more appropriate to send schoolwork home for the child to complete. Parents may supervise their child's education more closely in this instance, but this does not mean they should be home-educated.

Are There Additional Programs for Students Who Need More Support or Flexibility?

There's no guarantee that an alternative school will have the resources in place to best support the student, especially one with more complex needs. However, some counties, such as Howard County, run night classes to offer more support and flexibility to students on alternative programs.

When Are Maryland Schools Prohibited from Expelling Students?

Maryland high schools can't normally expel a student – or put them on a disciplinary placement – unless they breach the school's conduct codes, and expulsion is listed as a possible punishment. So, schools should not expel students just because, for example, they're arrested outside school property for an unrelated offense.

Expulsion must be proportionate to the alleged violation in question. Joseph Lento and his Education Law Team are waiting to help if you're dealing with a high school expulsion and disciplinary placement.

How Long Do Alternative Education Placements Last?

There's no single answer to this because every student – and every situation – is unique. In all cases, though, students should receive the equivalent of their full-time education if they're on disciplinary placements. So, the alternative placement should last until the child either has enough credits to graduate or they're ready to return to normal school.

Can My Child Be Placed in Alternative Education More Than Once?

Yes. If a child returns to regular schooling and another issue arises, there's a possibility they will be sent back to an alternative school. This is another reason why, often, it's best to do everything possible to keep your child in regular school. Otherwise, they could face a cycle of disruption to their education, particularly if the school can't get to the root cause of the matter.

What Are Juvenile Services Schools?

Juvenile services schools should not be confused with alternative schools – they serve different purposes.

• Students expelled from their regular school for behavioral issues can be placed on alternative learning programs.
• Juvenile services schools are for students in community detention or living in a correctional facility.

Just because a student is expelled does not mean they'll be placed in a juvenile services school. They may, however, be placed into a juvenile services school if they commit an offense that is handled through the juvenile criminal justice system (such as firearms possession).

Can My Child Return to High School After Expulsion in Maryland?

Yes. One of the goals of alternative schools is to reinstate a child into traditional schooling. However, the school may set specific requirements that the student must meet before they can return to the classroom. These requirements should be proportionate and fair to give the student the best chance at resuming their education with minimal disruption.

What Are the Consequences of Disciplinary Placements for My Child?

Disciplinary placements can affect students in many ways.

• Fewer opportunities: Unfortunately, alternative schools do not typically have the same resources as traditional high schools, and so the quality of teaching may be impaired.
• Less resources: Since there are so few alternative schools, students may not get the attention they deserve in class. They may also struggle to attend the school, depending on its location, which could demoralize them and add to their behavioral problems.
• Removal from routine: It's challenging for teenagers to cope with such a significant change in their routine. They may be unwilling to engage in the new program, and they may feel lost, adrift, and unsupported.

Disciplinary placements also affect your child's permanent school record. This could jeopardize their chances of getting a job, going to college, or entering certain graduate programs. Legal advice should always be sought if your child is facing a disciplinary placement.

How Can Alternative Education Programs Affect a Child's Development?

Although disciplinary placements are well-intentioned, they can negatively impact a child's development.

• Students may feel ashamed and embarrassed about their exclusion. They may feel alienated from their peers when they return to their old school.
• A student may feel isolated after their experience with alternative schooling. Even if they return to their old school, they may not integrate properly.
• Even the brightest students may struggle to catch up with missed work when they return to school because alternative programs may not pursue the same curriculum or have the same resources at their disposal.
• Losing out on sporting or extracurricular activities could affect your child's emotional well-being.

Could Alternative Education Stop My Child From Going to College?

If your child is expelled and placed in an alternative school, they can still apply to go to college. The issue, however, is whether they will be accepted.

Every college has different admissions policies. Some colleges may not accept students who have a suspension or expulsion on their school records. This could mean that your child can't apply to their dream college or pursue certain career paths.

If your child is expelled and chooses to apply to college, it's best to disclose disciplinary action. Otherwise, even if they're accepted, they may be suspended or expelled from the college program for withholding information or lying on the application form.

Can I Appeal Disciplinary Placements in Maryland?

Yes. For example, you might appeal a disciplinary placement on the grounds that expulsion is disproportionate or the school didn't follow the correct procedures for disciplining your child.

The exact process may vary by the school district, but you should receive written notice of your right to appeal and how you go about doing so. The rules may also be in your school's code of conduct or handbook.

Confused by the appeals process? We're here to help. Joseph Lento and the Education Law Team will explain what grounds may apply depending on your child's situation.

How Can an Attorney Help Me Handle Disciplinary Placements and Expulsions in Maryland?

You're entitled to appeal disciplinary action against your child, and you can have legal representation at the appeal hearing or conference. Do you need an advocate speaking on your behalf, though? Absolutely – here's how we can help.

• Your attorney-advisor will construct a compelling argument in your child's favor based on the relevant evidence.
• An attorney-advisor will negotiate with the school with the aim of returning your child to the classroom rather than entering alternative schooling.
• School disciplinary procedures can be complex. Your attorney-advisor will ensure that the school fulfills its obligations to your child and honors its own conduct codes.
• Often, negotiations can result in a more appropriate – or proportionate – measure, such as a short suspension or the chance to complete additional assignments.

With knowledge of the school disciplinary system, Joseph Lento and his Education Law Team are well-placed to fight your child's corner. We will challenge your school's evidence and do everything we can to bring about a satisfactory outcome for all parties involved. Call 888-535-3686 to learn more.

Can an Attorney Help Me Appeal a Suspension in Maryland?

Yes. As with expulsions, you're entitled to have an advocate or legal representative at a suspension conference in Maryland. So, if a school suspends your child, an attorney-advisor can advocate for your child's best interests at the conference. They will challenge the school's evidence, present evidence in your child's favor, ensure that all proper procedures are followed, and support your family at this highly stressful time.

Suspensions can sometimes result in disciplinary placements. So, it's important to act early and effectively. Get advice on the matter by calling us at 888-535-3686.

What if I Suspect That the School Might Expel My Child?

If you're made aware that your child may be suspended or expelled, remember this – it's never too early to act. Be proactive and take the following steps.

• First, ask your child what happened. Make sure they feel supported and understand that you're not angry – you want to help them overcome this issue.
• Have your child write down their recollection of events while it's still fresh in their mind. The more evidence you have in your child's favor, the better.
• Next, contact the school. Ask them for specifics. What kind of disciplinary action are they considering? It's important you have all the facts so you build the strongest case in support of your child.
• Contact a student defense attorney advisor. Joseph Lento and his Education Law Team will evaluate the evidence and gather all the information we need to build a compelling case.

How Do I Prepare for School Meetings?

Once you're made aware of any school hearing regarding a possible disciplinary placement, you need to be prepared.

• Gather evidence: This could include photographs, notes from teachers, correspondence from the school, and homework assignments. Compile everything you think you might need – an attorney-advisor will examine all the available evidence to determine what's useful.
• Keep records: Keep any communications you receive from teachers, school officials, or school administrators. Even if you're unsure whether a letter or email is relevant, it's better to keep it now than need it later.
• Know the school conduct codes: The school will have a code of conduct that you can request a copy of. This code should set out the process for disciplining students and when the school might expel or suspend a student. Don't worry if you struggle to understand this document – your attorney-advisor is there to help.

It's crucial that the school treats your child fairly and follows due process. Your attorney-advisor will ensure the school abides by its own disciplinary procedures to give your child the best possible chance of overcoming the allegations and remaining in school.

Retain a Student Defense Attorney-Advisor in Maryland

Every student deserves the chance to thrive and reach their full potential. Although alternative schools have their place, it's often best for your child to remain in regular schooling alongside their peers.

At the Lento Law Firm, Joseph Lento and his Education Law Team understand how significant disciplinary issues can be. Not only can expulsion harm your child emotionally, but it could hinder your child's chances of going to college – or pursuing the career they want.

We believe that one mistake shouldn't damage your child's education. That's why the Lento Law Firm will do everything possible to minimize any disruption to your child's social and academic development. We're here to answer your questions, offer guidance, and ensure that your child has the chance they deserve to succeed. For legal advice regarding your family's situation, call Joseph Lento and his Education Law Team at 888-535-3686. Alternatively, leave a message online.