State law requires districts to operate alternative school programs or to provide educational services to expelled students in an alternative setting.
Agency Good Guidance Practices
This document addresses providing opportunities for students to receive education services during a period of suspension or expulsion
Ohio Revised Code 3313.533 Alternative school - plan.
(A) The board of education of a city, exempted village, or local school district may adopt a resolution to establish and maintain an alternative school in accordance with this section. The resolution shall specify, but not necessarily be limited to, all of the following:
- (1) The purpose of the school, which purpose shall be to serve students who are on suspension, who are having truancy problems, who are experiencing academic failure, who have a history of class disruption, who are exhibiting other academic or behavioral problems specified in the resolution, or who have been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code;
- (2) The grades served by the school, which may include any of grades kindergarten through twelve;
- (3) A requirement that the school be operated in accordance with this section. The board of education adopting the resolution under division (A) of this section shall be the governing board of the alternative school. The board shall develop and implement a plan for the school in accordance with the resolution establishing the school and in accordance with this section. Each plan shall include, but not necessarily be limited to, all of the following:
- (a) Specification of the reasons for which students will be accepted for assignment to the school and any criteria for admission that are to be used by the board to approve or disapprove the assignment of students to the school;
- (b) Specification of the criteria and procedures that will be used for returning students who have been assigned to the school back to the regular education program of the district;
- (c) An evaluation plan for assessing the effectiveness of the school and its educational program and reporting the results of the evaluation to the public.
Ohio Revised Code 3313.534 Policy of zero tolerance for violent disruptive or inappropriate behavior.
(A) The board of education of each city, exempted village, and local school district shall adopt a policy of zero tolerance for violent, disruptive, or inappropriate behavior and establish strategies to address such behavior that range from prevention to intervention.
(B) Each of the big eight school districts, as defined in section 3314.02 of the Revised Code, shall establish under section 3313.533 of the Revised Code at least one alternative school to meet the educational needs of students with severe discipline problems, including, but not limited to, excessive disruption in the classroom and multiple suspensions or expulsions. Any other school district that attains after that date a significantly substandard graduation rate, as defined by the department of education, shall also establish such an alternative school under that section.
Ohio Revised Code 3313.66 Suspension, expulsion or permanent exclusion - removal from curricular or extracurricular activities.
A) (1) Except as provided under division (B)(2) of this section, and subject to section 3313.668 of the Revised Code, the superintendent of schools of a city, exempted village, or local school district, or the principal of a public school may suspend a pupil from school for not more than ten school days. The board of education of a city, exempted village, or local school district may adopt a policy granting assistant principals and other administrators the authority to suspend a pupil from school for a period of time as specified in the policy of the board of education, not to exceed ten school days. If at the time an out-of-school suspension is imposed there are fewer than ten school days remaining in the school year in which the incident that gives rise to the suspension takes place, the superintendent shall not apply any remaining part of the period of the suspension to the following school year. The superintendent may instead require the pupil to participate in a community service program or another alternative consequence for a number of hours equal to the remaining part of the period of the suspension. The pupil shall be required to begin the pupil’s community service or alternative consequence during the first full week day of summer break. Each school district, in its discretion, may develop an appropriate list of alternative consequences. In the event that a pupil fails to complete community service or the assigned alternative consequence, the school district may determine the next course of action, which shall not include requiring the pupil to serve the remaining time of the out-of-school suspension at the beginning of the following school year. ... (2) If a pupil is issued an in-school suspension, the superintendent or principal shall ensure the pupil is serving the suspension in a supervised learning environment. (3) Each school district board shall adopt a policy establishing parameters for completing and grading assignments missed because of a pupil’s suspension. (a) The policy shall provide the pupil an opportunity to do both of the following: (i) Complete any classroom assignments missed because of the suspension; (ii) Receive at least partial credit for a completed assignment. (b) The policy may permit grade reductions on account of the pupil’s suspension. (c) The policy shall prohibit the receipt of a failing grade on a completed assignment solely on account of the pupil’s suspension. ... (I) Whenever a student is expelled under this section, the expulsion shall result in removal of the student from the student’s regular school setting. However, during the period of the expulsion, the board of education of the school district that expelled the student or any board of education admitting the student during that expulsion period may provide educational services to the student in an alternative setting. ...