If you have questions school expulsion and your legal rights, call Stephanie Renner at 317-771-8535 for a free consultation. I can explain Indiana Law to you and what your options are.
What is Expulsion?
Expulsion is a severe disciplinary action where a student is permanently removed from their current school. This measure is typically reserved for serious offenses and is intended to maintain a safe and conducive learning environment.
Common Reasons for Expulsion
Students may be expelled for various reasons, including but not limited to:
- Violence or Threats: Physical assaults, threats of violence, or possession of weapons.
- Drug and Alcohol Violations: Possession, use, or distribution of illegal substances.
- Severe Misconduct: Repeated disruptive behavior, bullying, or harassment.
- Criminal Activities: Theft, vandalism, or other criminal acts on school property.
Impact of Expulsion
Expulsion can have significant negative impacts on students, including:
- Academic Setbacks: Loss of instructional time and difficulty in transferring to another school.
- Social and Emotional Effects: Stigmatization, isolation, and increased risk of mental health issues.
- Future Prospects: Higher likelihood of dropping out and involvement in the juvenile justice system.
Indiana State Laws on School Expulsions
Indiana has specific laws and regulations governing school expulsions, outlined in the Indiana Code. Here are some key points:
Grounds for Expulsion
According to Indiana Code § 20-33-8-14, students can be expelled for:
- Student Misconduct: Actions that disrupt the educational process or pose a threat to the safety of others.
- Substantial Disobedience: Repeated refusal to comply with school rules and authority.
Expulsion Procedures
The expulsion process in Indiana involves several steps to ensure due process:
- Notice: The student and their parents must be notified of the expulsion meeting, including the reasons for expulsion and their right to appear.
- Expulsion Meeting: Conducted by the superintendent or a designated official, where evidence is presented, and the student can defend themselves.
- Decision and Appeal: A written summary of the evidence and the decision is provided. The student or their parents can appeal the decision to the school board1
Due Process Rights
Indiana law ensures that students facing expulsion are entitled to due process, including:
- Right to a Hearing: Students must be given an opportunity to present their case.
- Right to Representation: Students can be represented by legal counsel or another advocate.
- Right to Appeal: Decisions can be appealed to the school board and further to the courts if necessary1.
Federal Laws on School Expulsions
Federal laws also play a crucial role in governing school expulsions, particularly in ensuring that students’ civil rights are protected.
Individuals with Disabilities Education Act (IDEA)
IDEA provides protections for students with disabilities, ensuring they are not unfairly expelled. Key provisions include:
- Manifestation Determination: Before expelling a student with a disability, schools must determine if the behavior was a manifestation of the student’s disability.
- Alternative Educational Services: Schools must provide alternative educational services to expelled students with disabilities to ensure they continue to receive a free appropriate public education (FAPE)2.
Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination based on race, color, or national origin in programs receiving federal funding, including public schools. This law ensures that disciplinary actions, including expulsions, are not applied disproportionately to students of different racial or ethnic backgrounds2.
Due Process Rights
The U.S. Supreme Court case Goss v. Lopez (1975) established that students are entitled to due process before being suspended or expelled. This includes:
- Notice: Students must be informed of the charges against them.
- Hearing: Students must have an opportunity to present their side of the story before being expelled3.
Disparities in School Expulsions
Research has shown significant disparities in expulsion rates based on race, gender, and disability status. For example:
- Racial Disparities: Black students are expelled at higher rates compared to their white peers.
- Gender Disparities: Boys are more likely to be expelled than girls.
- Disability Disparities: Students with disabilities face higher expulsion rates, often due to behaviors related to their disabilities2.
Alternatives to Expulsion
Many schools are exploring alternatives to expulsion to address student behavior while keeping them in an educational setting. These alternatives include:
- Restorative Justice: Focuses on repairing harm and restoring relationships rather than punitive measures.
- Positive Behavioral Interventions and Supports (PBIS): A proactive approach to improve school climate and reduce disciplinary issues.
- Behavioral Interventions: Providing support and interventions to address underlying behavioral issues4.
School expulsion is a significant disciplinary action that can have profound and long-lasting effects on a student’s academic, social, and emotional well-being. Here is a detailed exploration of why school expulsion is generally considered detrimental to students:
Academic Consequences
- Loss of Instructional Time: Expelled students miss out on valuable classroom instruction, which can lead to gaps in their knowledge and skills. This loss of instructional time can make it difficult for students to keep up with their peers academically1.
- Lower Academic Achievement: Research consistently shows that students who are expelled tend to perform worse academically compared to their peers. They are more likely to have lower grades and are at a higher risk of repeating a grade2.
- Increased Dropout Rates: Expulsion significantly increases the likelihood of a student dropping out of school. Students who are expelled are often unable to find alternative educational settings that meet their needs, leading to disengagement from the educational system2.
- Limited Access to Educational Resources: Expelled students often lose access to school resources such as libraries, extracurricular activities, and support services. This can further hinder their academic progress and development3.
Social and Emotional Consequences
- Isolation and Stigmatization: Expulsion can lead to social isolation as students are separated from their peers and school community. This isolation can result in feelings of loneliness, rejection, and stigmatization3.
- Mental Health Issues: The stress and trauma associated with expulsion can contribute to mental health problems such as anxiety, depression, and low self-esteem. The lack of support and social connections can exacerbate these issues4.
- Disruption of Social Networks: Expelled students lose their established social networks, including friendships and relationships with teachers and mentors. This disruption can make it difficult for students to build new supportive relationships in alternative settings3.
Behavioral and Legal Consequences
- Increased Risk of Juvenile Delinquency: Expelled students are at a higher risk of engaging in criminal and anti-social behavior. Without the structure and supervision provided by school, students may be more likely to get involved in activities that lead to legal trouble4.
- Association with Negative Peer Groups: Expelled students may associate with peers who have also been expelled or are involved in delinquent activities. This association can reinforce negative behaviors and attitudes4.
- Future Legal Issues: The increased likelihood of engaging in criminal behavior can lead to future legal issues, including arrests and incarceration. This can have long-term consequences for a student’s life and opportunities4.
Economic Consequences
- Lower Earning Potential: Students who are expelled and subsequently drop out of school have lower earning potential compared to those who complete their education. High school dropouts earn significantly less over their lifetime, which can impact their economic stability and quality of life2.
- Unemployment: Expelled students who do not complete their education are more likely to face unemployment. The lack of a high school diploma limits job opportunities and makes it difficult to secure stable employment2.
- Economic Burden on Society: The economic consequences of expulsion extend beyond the individual. Higher dropout rates and increased involvement in the criminal justice system can place a financial burden on society through increased social services, law enforcement, and incarceration costs2.
Impact on School Climate
- Negative School Climate: High rates of expulsion can contribute to a negative school climate. Students who remain in school may feel less safe and more anxious, knowing that severe disciplinary actions are common2.
- Erosion of Trust: The use of expulsion as a disciplinary measure can erode trust between students and school staff. Students may feel that the school is more focused on punishment than on providing support and guidance2.
- Impact on All Students: The negative effects of expulsion are not limited to the expelled student. The overall school environment can be affected, leading to lower morale and a less cohesive school community2.
Alternatives to Expulsion
Given the numerous negative consequences of expulsion, many educators and policymakers advocate for alternative disciplinary measures that focus on support and rehabilitation rather than punishment. Some effective alternatives include:
- Restorative Justice: Restorative justice practices focus on repairing harm and restoring relationships rather than punitive measures. This approach encourages accountability and provides opportunities for students to make amends and reintegrate into the school community2.
- Positive Behavioral Interventions and Supports (PBIS): PBIS is a proactive approach that aims to improve school climate and reduce disciplinary issues through positive reinforcement and support. This approach focuses on teaching and reinforcing appropriate behaviors2.
- Behavioral Interventions: Providing targeted behavioral interventions and support can address the underlying issues that lead to problematic behavior. This can include counseling, mentoring, and social-emotional learning programs2.
- Alternative Education Programs: Alternative education programs can provide expelled students with a supportive and structured environment where they can continue their education. These programs often offer smaller class sizes, individualized instruction, and additional support services2.
Proposed Changes to the Indiana Expulsion Laws
- Senate Bill 486 – Education Deregulation Bill:
- Overview: This bill aims to reduce regulatory burdens on schools by eliminating certain mandates and allowing more flexibility in school operations.
- Key Provisions:
- Reduces annual training requirements for teachers.
- Loosens state teacher evaluation guidelines.
- Removes the mandate for school administrators to discuss working conditions with teachers’ unions or other elected representatives1.
- Controversy: The bill has faced opposition from teacher unions and some lawmakers who argue it undermines teacher rights and could negatively impact working conditions1.
- Senate Bill 1 – Literacy and Retention:
-
- Overview: This bill focuses on improving literacy rates among elementary students by implementing stricter retention policies.
- Key Provisions:
- Requires third graders who fail the IREAD-3 reading assessment to be retained, with some exemptions for English Language Learners and students with disabilities.
- Mandates that all second graders take the IREAD-3 test starting next school year.
- Provides summer school courses for students struggling with reading2.
- Impact: This bill aims to address literacy issues but has sparked debate over the potential stress it places on students and educators2.
- Truancy Intervention Bill:
-
- Overview: This bill requires schools to intervene when elementary students are truant.
- Key Provisions:
- Schools must take action when students miss more than 10% of school days.
- Aims to reduce absenteeism and ensure students remain engaged in their education3.
Implications for School Expulsions
While these bills do not directly address expulsion policies, they reflect a broader trend towards modifying disciplinary practices and educational standards in Indiana. The focus on deregulation, literacy, and truancy intervention suggests a shift towards more flexible and supportive approaches to student behavior and academic performance.
Potential Future Changes
Given the current legislative trends, future changes to Indiana’s school expulsion laws might include:
- Increased Support for Behavioral Interventions: Emphasizing support and rehabilitation over punitive measures.
- Restorative Justice Practices: Implementing restorative justice approaches to address student misconduct and reduce expulsion rates.
- Enhanced Due Process Protections: Ensuring that students facing expulsion receive fair and equitable treatment.
These changes aim to create a more supportive and inclusive educational environment, reducing the reliance on expulsion as a disciplinary measure.
Conclusion
School expulsion is a severe disciplinary action that can have far-reaching negative consequences for students. The academic, social, emotional, behavioral, legal, and economic impacts of expulsion highlight the need for alternative approaches that focus on support and rehabilitation. By implementing restorative practices, positive behavioral interventions, and targeted support, schools can create a more inclusive and supportive environment that benefits all students. Expulsions are a critical aspect of school discipline, with significant implications for students’ academic and personal lives. Understanding the legal framework and exploring alternatives can help create a more equitable and supportive educational environment.
If you have questions school expulsion and your legal rights, call Stephanie Renner at 317-771-8535 for a free consultation. I can explain Indiana Law to you and what your options are.