CONCORD – Students facing suspension or expulsion would be guaranteed ongoing education under legislation inspired by child advocacy group New Hampshire Kids Count.

The proposed change would amend current law to require school districts to continue education during a student’s suspension or expulsion, according to Democratic Rep. Mary Giles, primary sponsor of the legislation.

“Somehow or other, we have to find a way to make sure these kids get school,” Giles said.

As it stands now, students may receive alternative education from their school district during suspension and expulsion, but it is not required. Students also are banned from enrolling in any other state public school during an expulsion.

Expulsion time can be lengthy, depending on the circumstances, such as at least one year for students found in possession of a firearm, according to the Gun-Free Schools Act of 1994.

Giles said alternative education can help.

“If nothing is provided, they will continue to get into mischief,” she said.

The NH Kids Count Juvenile Justice Coalition came to Giles about changing the state’s suspension and expulsion policy.

Students who are suspended or expelled are statistically more likely to become involved in the juvenile justice system, said John DeJoie, policy consultant for NH Kids Count and member of the Juvenile Justice Coalition.

“Our goal in this is to ensure kids continue to receive education opportunities when they’re suspended or expelled,” DeJoie said. “We don’t want kids already in trouble to fall behind more.

“Our understanding is at this point, when a child is expelled, there are no options, including charter schools,” DeJoie said. The law does not apply to private schools, but not all families can afford that alternative, he said.

Under the proposed legislation, even children expelled for dangerous behavior, such as bringing a weapon to school, would have an option to access some kind of continuing education, he said.

The nature of the education would be at the discretion of the child’s school district.

“This is really about setting an expectation that all kids will be educated. It’s not in any way to tell educators how to do that,” DeJoie said.

Some schools are already doing this.

“One way is to send homework with the student while they’re suspended,” he said. For longer-term suspensions and expulsions, DeJoie said online learning could be a viable option, and his group plans to set up talks with the Virtual Learning Academy on how that could work.

The Exeter-based Virtual Learning Academy Charter School serves more than 12,000 students. Established in 2008, VLACS is New Hampshire’s first online charter school, offering middle and high school-level classes to Granite State students for free.

Academy CEO Steve Kossakoski said the school enrolls students under suspension but not expulsion, as is state policy.

Kossakoski said because behavioral issues tend to cause expulsions, expelled students may have trouble with the social aspects of VLACS classes. That doesn’t mean they will never find a place with the charter school in the future.

“A program could be developed for these students, certainly,” he said.

DeJoie said after the legislation is filed next week, the next step is to wait for a hearing date.

In the meantime, Juvenile Justice Coalition members plan to speak with VLACS and other New Hampshire public school officials leading up to the hearing.

Giles and coalition members will testify on behalf of the proposed legislation at the hearing.

Tina Forbes can be reached at
594-6402 or tforbes@nashua
telegraph.com. Also, follow Forbes on Twitter (@Telegraph_TinaF).