Exclusionary school discipline describes any type of school disciplinary action that removes or excludes a student from their usual educational setting. 

Types of Exclusionary School Discipline: 

• Bus Suspensions: A student may attend school but is not allowed to ride the bus. 

• In-School Suspensions (ISS): A student may attend school but is moved to a separate classroom. 

• Out-of-School Suspensions (OSS): 

• Short-term suspension: exclusion/removal of a student from school for up to 10 school days

• Long-term suspension: exclusion/removal of a student from school for more than 10 days. 

• If student is suspended in 1st, 2nd, or 3rd quarters, the suspension can last through the end of the school year. 

• If student is suspended in the 4th quarter, the suspension can last through the 1st semester of the next school year.

• 365-day suspension: exclusion/removal of a student from school for 365 calendar days. 

• Student has a right to apply for readmission to the school 180 calendar days from the beginning of the 365-day suspension. 

• Expulsion: indefinite exclusion/removal of a student from school enrollment.

  • Student has a right to apply for readmission to the school 180 calendar days from the beginning of the expulsion. 

• Disciplinary Reassignments to Alternative Schools

Exclusionary discipline does not improve student behavior. According to independent studies conducted by both the Learning Policy Institute and the American Institutes for Research, suspensions worsen academic performance and dropout rates and increase the likelihood of future disciplinary incidents. Suspensions also disproportionately impact students of color, particularly Black students, and students with disabilities.

Education Advocacy Program advocates for the use of alternatives to exclusionary school discipline, including: 

• Restorative practices 

• Peer mediation 

• Conflict resolution strategies 

• Social/life skills instruction 

• Counseling 

• Mentoring

• Referral to an outside mental health agency or partner service

Parents can find a list of possible interventions to request from the school instead of the use of exclusionary discipline in the Winston-Salem/Forsyth County Schools Code of Character, Conduct, and Support.

Students with IEPs/Section 504 plans are entitled to additional protections around school discipline. Federal law prohibits disability discrimination and seeks to prevent students with disabilities from being pushed out of school. These federal laws are designed to ensure that schools are not imposing consequences on students for things that are related to their disability.

If a parent/guardian believes their student is being suspended for conduct that is related to their disability, contact EAP (EAP@childlawnc.org or 336-831-1909 ext. 205) for support. 

Resources

Legal Aid of North Carolina Right to Education Project

Legal Aid of North Carolina Right to Education Project’s Special Education Advocacy Toolkit

Legal Aid of North Carolina Right to Education Project’s Parent Advocacy & Support Guide

Winston-Salem/Forsyth County Schools Code of Character, Conduct, and Support

Winston-Salem/Forsyth County Schools School Board Policy 5131.5 Procedures for Student Discipline

US Department of Education North Carolina Compilation of School Discipline Laws and Regulations 

Duke Children’s Law Clinic Discipline in North Carolina’s Charter Schools

Disclaimer: The information provided on this page pertains to public school districts. The information provided on this website does not constitute legal advice. Instead, all information is provided for general informational purposes only.