Are there alternative schooling options available for students who are suspended or expelled?

School Discipline

Are there alternative schooling options available for students who are suspended or expelled?

August 2018


Alabama Yes. Multi-tiered alternative program options are available. Ala. Code § 41-15B-2.2
Alaska Not specified in statute or regulation.
Arizona Yes. Alternative education programs are available. Ariz. Rev. Stat. Ann. § 15-841
Arkansas Yes. Alternative learning environments are required, including alternative classrooms and in-school suspensions. Non-punitive intervention services must be provided in these environments. Ark. Code Ann. § 6-18-209
Ark. Code Ann. § 6-48-103
California Yes. Alternative education services must be provided to expelled students. Suspended students may be assigned to a supervised suspension classroom. Cal. Educ. Code § 48926
Cal. Educ. Code § 48911.1
Colorado Yes. Educational services must be provided to expelled students. School districts must provide information on alternative to parents/guardians upon expulsion. Suspended students must be allowed to make-up school work for credit. Colo. Rev. Stat. Ann. § 22-33-203
Colo. Rev. Stat. Ann. § 22-33-105
Connecticut Yes. Expelled students under 16 years old must be offered an alternative educational opportunity. Suspended students must be given the opportunity to complete classwork. Conn. Gen. Stat. Ann. § 10-233d
Conn. Gen. Stat. Ann. § 10-233c
Delaware Yes. The Department of Education must establish a program to provide alternative educational services for suspended and expelled students. Del. Code Ann. tit. 14, § 1604
District of Columbia Yes. The Board of Education must provide expelled students an alternative education program. Suspended students must provide an education plan that allows the student to make up class, homework and tests. D.C. Code § 38-233
Florida Yes. Disruptive students may be assigned to an alternative educational program. Fla. Stat. Ann. § 1006.07
Georgia Yes. State policy suggests that alternative setting assignment is preferred to exclusionary discipline. Each local education agency is required to provide an alternative education opportunity for students who have been suspended in grades 6-12. Ga. Code Ann. § 20-2-751.1
Ga. Comp. R. & Regs. 160-4-8-.12
Hawaii Yes. The Superintendent must ensure that substitute educational activites are available for excluded students. Haw. Rev. Stat. § 302A-1134
Idaho Yes. Alternative high school options are available. Idaho Admin. Code r. 08.02.03.110
Illinois Yes. Students suspended for longer than 4 days must be provided with support services during their suspension. Expelled students may be eligible for a transfer to an alternative school program. 105 Ill. Comp. Stat. Ann. 5/10-22.6
Indiana Yes. Principals may require students to attend an alternative program. Ind. Code Ann. § 20-33-8-24
Iowa Yes. Alternative options exist for students at-risk of drop-out. Iowa Code Ann. § 280.19A
Kansas Not specified in statute or regulation. Gifted children are not required to be provided with special education or related services upon suspension or expulsion. Kan. Admin. Regs. 91-40-34
Kentucky Yes. Boards of Education must ensure that expelled students are provided with educational services in an alternative program or setting. Ky. Rev. Stat. Ann. § 158.150
Louisiana Yes. School boards may establish alternative schools for students with behavior problems. La. Rev. Stat. Ann. 17:100.5
La. Rev. Stat. Ann. 17:416.2
Maine Yes. School Boards may provide educational services in an alternative setting. Me. Rev. Stat. tit. 20-A § 1001
Me. Rev. Stat. tit. 20-A § 3271
Maryland Yes. School systems must provide comparable educational services and behavioral support services to expelled or suspended students. Students not assigned to alternative program must be provided with daily classwork and assignments and a school staff liaison. Md. Code Regs. 13A.08.01.11
Massachusetts Yes. Education services must be made available to suspended or expelled students as part of the schoolwide education servcies plan. Any suspended or expelled student shall have the opportunity to earn credits, make up assignments, tests and papers to make academic progress. 603 Mass. Code Regs. 53.02
603 Mass. Code Regs. 53.13
Michigan Yes. The Office for Safe Schools must catalog existing alternative programs for expelled students. It is the responsibility of the parent/guardian to locate a program. The district may provide instructional services at home to those students not placed in an altnerative program. Mich. Comp. Laws Ann. § 380.1311
Mich. Comp. Laws Ann. § 380.1310
Minnesota Yes. Schools must attempt to provide educational services to dismissed students. Each suspension may include a readmission plan with provisions for implementing alternative education services. Minn. Stat. Ann. § 121A.45
Minn. Stat. Ann. § 121A.41
Mississippi Yes. Suspended or expelled students must be assigned to an alternative school unless they were expelled for firearm/weapon possession. Code Miss. R. 7.1
Missouri Yes. School districts must pay toward per pupil costs for alternative education programs. Mo. Ann. Stat. § 167.164
Montana Alternative educational services may be available to students who are suspended or expelled. Mont. Code Ann. § 20-5-202
Nebraska Yes. Each school district must have an alternative school, class or educational program for expelled students. Suspended students may be given an opportunity to complete classwork during period of suspension. Neb. Rev. Stat. § 79-266
Neb. Rev. Stat. § 79-265
Nevada Yes. The State Board must establish a program of independent study for suspended or expelled students. Students who are removed from the classroom may also be assigned a temporary alternative placement. Nev. Rev. Stat. Ann. § 389.155
Nev. Rev. Stat. Ann. § 388.537
Nev. Rev. Stat. Ann. § 392.4645
Nev. Rev. Stat. Ann. § 392.4675
New Hampshire Districts may provide educational services in an alternative setting to expelled students. N.H. Rev. Stat. Ann. § 193:13
New Jersey Yes. Students removed for firearm/weapon possession must be placed in an alternative education program or provided with home instruction until placement is available. N.J. Stat. Ann. § 18A:37-8
New Mexico Yes. Students suspended in-school for more than 10 school days must be provided with an instructional program. Students with disabilities who are determined to have brought a weapon to school shall be placed in an alternative education setting. N.M. Admin. Code 6.11.2.12
N.M. Stat. Ann. § 22-5-4.7
New York Yes. Districts must ensure the provision of educational programming for students removed from the classroom. N.Y. Educ. Laws § 3214
North Carolina Alternative education programs may be available. N.C. Gen. Stat. Ann. § 115C-105.48
N.C. Gen. Stat. Ann. § 115C-390.1
North Dakota Disricts may authorize the provision of educational services to an expelled student in an alternative setting. N.D. Cent. Code Ann. § 15.1-19-10
Ohio Yes. Local boards of edcuation may choose to maintain an alternative school and each of the big eight school district must have at least one alternative school. Expelled students may be provided with educational services in an alternative setting. Suspended students may be permitted to complete classroom assignments. Ohio Rev. Code Ann. § 3313.534
Ohio Rev. Code Ann. § 3313.533
Ohio Rev. Code Ann. § 3313.66
Oklahoma Schools may provide alternative placement options including placement in an alternative school setting, reassignment to another classroom, or in-school detention. Okla. Stat. Ann. tit. 70, § 24-101.3
Oregon Yes. Districts may allow students to make-up work upon their return from suspension. Alternative programs are available and districts must provide for the dissemination of information about those programs. Or. Rev. Stat. Ann. § 339.250
Or. Admin. R. 581-021-0065
Pennsylvania Alternative educaton programs may be available for disruptive students. 24 Pa. Cons. Stat. Ann. § 19-1901-C
Rhode Island Yes. School districts must adopt plans to ensure continued education of students who are removed from the classroom for more than 10 days or who are chronically truant. R.I. Gen. Laws Ann. § 16-21-27
South Carolina The state encourages the establishment of alternative school programs for students with behavioral and academic problems. S.C. Code Ann. § 59-63-1300
South Dakota Expelled students may be provided with educational services in an alternative setting. S.D. Codified Laws § 13-32-4
Tennessee Yes. At least one alternative school must be available for students in grades seven through twelve who have been suspended or expelled. Local boards of education must may establish alternative schools for suspended/expelled students in grades one through six. Tenn. Code Ann. § 49-6-3402
Texas Yes. Each school district must provide educational services to students in a disciplinary alternative education program. Tex. Educ. Code Ann. § 37.008
Utah Yes. Parents are responsible for ensuring continuing education during a period of suspension or expulsion lasting more than 10 days. Designated school officials are available to assist parents in determining a course of action, which may include private education or alternative programs. Utah Code Ann. § 53G-8-208
Vermont Alternative education services or programs may be provided during suspension or expulsion. Vt. Stat. Ann. tit. 16, § 1162
Virginia Yes. The Board of Education must establish a program of regional alternative education options for students who have been suspended long-term or expelled. Va. Code Ann. § 22.1-253.13:1
Va. Code Ann. § 22.1-209.1:2
Washington Yes. School districts must provide an opportunity for a student to receive educational service during a period of suspension. Students must be allowed to make-up important schoolwork. Wash. Rev. Code Ann. § 28A.600.015
Wash. Admin. Code 392-400-245
West Virginia Alternative education programs may be available for disruptive students. W. Va. Code Ann. § 18A-5-1a
W. Va. Code Ann. § 18-2-6
Wisconsin Yes. Alternative education programs are available for students removed from the class. Wis. Stat. Ann. § 120.13
Wis. Stat. Ann. § 118.164
Wyoming Alternative educational services may be provided to expelled students. Wyo. Stat. Ann. § 21-4-305

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