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Illinois School Board Journal - ARCHIVES
May-June, 2002
ASK THE STAFF:
Student status, past practice answer graduation dilemma
This issue's question is answered by IASB general counsel Melinda Selbee. You can contact Melinda at mselbee@iasb.com.
Question: A senior student, who was expelled and then transferred to an alternative school, has asked the board to allow him to attend his graduation ceremony. Are there any legal consequences one way or another?
Answer: Your question raises three issues:
Alternative schools were created under the Safe School Law. (105 ILCS 5/13A-0.5, et seq) The Illinois General Assembly wanted to help schools maintain an environment conducive to learning by allowing schools to transfer disruptive students to an alternative school "where their particular needs may be more appropriately and individually addressed and where they may benefit from the opportunity for a fresh start in a new educational environment." Alternative schools are operated by regional superintendents and executive directors of education service centers.
A student may be administratively transferred to an alternative school once he or she is determined to be subject to suspension or expulsion. A student charged with committing an expellable offense under the school's student conduct code retains all rights to notice and hearing before being expelled.
Once transferred to an alternative school, the personnel from both the home and alternative schools meet to develop an alternative educational plan. The student's parents are invited to attend this meeting. The plan will contain, among other things, specific academic requirements. If the student successfully completes the requirements for his or her high school graduation, the student receives a diploma from the transferring high school. (105 ILCS 5/13A-5)
The second issue your question posed was: "What graduation 'rights' do students possess?" A student who completes the academic requirements has the right to receive a diploma identifying the student as graduating from a specific high school. This right, as mentioned above, also applies to students in alternative schools. However, the right to receive a diploma does not confer a "right" to participate in graduation ceremonies.
Participation in ceremonies, like graduation, is treated similarly to participation in extra-curricular activities, i.e. participation is treated as a privilege. Thus, a student who, subsequent to an expulsion, transferred to an alternative school would not have a "right" to participate in graduation ceremonies, even if he or she has a right to receive a diploma. Usually, expelled students lose their privileges to participate in any school activities, including graduation ceremonies.
Ultimately, the criterion for determining which students are allowed to participate in graduation ceremonies is a local decision. An obvious disqualification occurs when the student is currently expelled.
This brings us to the third issue raised by your question: "What is the board's role in determining who gets to participate in graduation ceremonies?" Decisions on specific cases are generally not "board work." The superintendent will be in a better position to deal with individual student issues.
As with all issues dealing with students, be sure to check your local district policy manual to see if it is addressed. Also, be sure to check your past practice. Proceed very carefully if your board wants to deviate from past practice or make decisions on a case-by-case basis.
Finally, the district's attorney is a valuable resource for further clarification.