What is Alternative Schooling?

Several years ago, I met with representatives from the US Department of Justice, to share my clients’ experiences with Pennsylvania’s AEDY program. AEDY stands for Alternative Education for Disruptive Youth. I could rant about that all day, but I won’t. The DoJ was interested in hearing how the AEDY system was being overused, misused and abused, to the detriment of too many kids.

I’ve often wondered what came of it, because I spoke with the investigator, followed up with an email a few weeks later, and heard nothing. Still, “Alternative Schooling” is a term that has different meanings depending on where you live. If you take nothing else away from this article, please take this: If your child is in this situation, as a parent, you have to take immediate action to set the course right. Do not allow your child to stay in this setting. Do whatever it takes to educate yourself on your rights, your child’s rights and whatever advocacy help is out there. I am dead serious–most of the time, the “alternative school” is your child’s last stop before prison, on the school to prison pipeline.

Think I’m being dramatic?

Alternative Schools Statistics

1. High rates of disability among incarcerated youth: strong overlap between behavioral issues, exclusion from school, and incarceration.
   • Up to 85% of youth in juvenile detention have disabilities that make them eligible for special education services. (National Council on Disability)
   • Yet while many are eligible, only about 37% receive their special education services while in detention. (National Council on Disability)
2. Expulsion, suspension, and discipline as pipeline accelerators for special education students: exclusionary discipline practices like suspension, expulsion, or referral to alternative programs increase the risk of justice system involvement in subsequent years.
   • Youth in the juvenile justice system are seven times more likely to have been expelled or suspended compared to youth without special education needs. (PMC/NIH)
   • In general K‑12 settings, students with disabilities are more than twice as likely as their non-disabled peers to be suspended. (American Bar Association)
3. Over‑representation of students with disabilities in the justice system: overrepresentation suggests that school systems are failing to intervene earlier, and more severe disciplinary environments (including “alternative schools”) are a part of that escalation.
   • In one study of youth on probation, about 40% of the youth had special education–eligible diagnoses, which is significantly higher than the general student population rate. In other words, while IEP students make up about 15% of the American school student population, IEP-eligible students make up 40% of the alternative school population. (PMC/NIH)

Alternative Schooling Definition

“Alternative schooling” doesn’t always have a single, universally accepted legal definition, but there are operational and statutory definitions in many states. Below is a breakdown:

What “Alternative Schooling” Means (Generally)

Broad / conceptual definition:

• Schools or programs that use nontraditional curricula, methods, schedules, or settings compared to the “mainstream” or standard public school model.
• They often serve students whose academic, social, emotional, behavioral, or life needs are not being met by the traditional system.
• Key features often include: smaller class size, flexible scheduling, individualized instruction, integrated supports (counseling, behavioral supports, life skills), a focus on reengagement, and “second chances.”
• It’s “alternative” in structure, method, delivery, or philosophy, not necessarily in legitimacy or quality.

This aligns with how many education researchers and state education departments talk about it. Wikipedia frames alternative education as pedagogy that differs from mainstream approaches, found in public, charter, independent, or home settings.

Is There a Legal Definition?

Short answer: Yes, in many states. And no, there is no single federal statutory definition that covers all states. Whether your state has a legal definition (or regulatory definition) depends on local law, administrative code, or state education statutes.

Some examples:

• In Virginia, the administrative code defines “alternative education” as learning experiences offering educational choices (in time, location, staffing, programs) to meet needs of students with varying interests and abilities.
• In Connecticut, “alternative education” is statutorily defined as a school or program maintained by the local or regional board of education, in a nontraditional setting, addressing social, emotional, behavioral, and academic needs.
• In Georgia, statute says alternative education programs are intended for students removed from traditional classrooms (for behavioral or other reasons), in a different setting, and providing core instruction plus behavioral support.
• Ohio defines “alternative school” (for purposes of transfer / open enrollment) as a school building other than the one to which a student is originally assigned.
• Maine uses statute to define “alternative education program” as one with purpose to serve “at-risk” students via curricula and assessment in settings designed to meet academic, social, relational needs.

A big review by Porowski et al. (2014) found that 43 states + D.C. have formal definitions of alternative education. But those definitions vary a lot in who they serve, where they operate, what services are included, and how flexible their structures are.

So: yes, many states legally define “alternative education / schooling”; but no, there’s no uniform federal definition that forces all states to use it identically.

Common Elements in Alternative Schooling

From comparing state definitions, here are recurring themes you might see in a legal/regulatory definition:

Element	Common Inclusions
Target population / purpose	Students at risk (behavioral issues, dropping out, poor academic progress)
Setting / structure	Could be separate school, program within a school, off‑site location, different scheduling (evening, part‑time)
Services / supports	Academic instruction, counseling, behavioral supports, life skills, relationship support
Standards / accountability	Must meet academic standards (or at least align with state expectations), be overseen by school/district, report data
Referral / enrollment process	Students may be referred, placed, or choose to attend; some definitions specify criteria or due process for assignment

Alternative Schooling vs. Out-of-District IEP Placement

Let’s clear this up once and for all — because schools love using vague terms like “alternative placement,” and parents often think they’re getting something… when really, they’re not.

Alternative Schooling

(aka “Alternative Education”)

• This is typically a general education setting, run by your public school district or a charter.
• It serves students who are struggling in traditional environments; could be for behavioral, emotional, truancy, credit recovery, or engagement reasons.
• NOT IEP-specific. While kids with IEPs can attend, these schools are often not equipped to provide full special education supports or services.
• Examples: An “alternative high school,” credit recovery program, or an online hybrid for “at-risk” youth.
• However, if your district sends your child here, they are still entitled to FAPE.

Out-of-District IEP Placement

(aka “Special Education Placement” or “Private Placement”)

• This is an IEP placement decision made by the IEP team, because the district cannot meet the child’s needs within its own schools.
• Usually happens after: data, failed interventions, failed in-district placements, refusal of FAPE.
• It can be: a private special ed school, a therapeutic day school, a residential placement, or a public school in another district.
• It is legally mandated, comes with a full IEP, and often requires PWN and prior written documentation.
• Big difference: funded by the district, sometimes via a settlement or due process order.

What Parents Should Watch For

• If your child has an IEP and the district suggests an “alternative program” ask is this an IEP placement or just a general ed program?
• If the IEP doesn’t change, and your placement page still lists a public school, this is NOT a special education placement.
• Document everything. Ask: “Please clarify if this is being proposed as a change in IEP placement. Will this require a team meeting and PWN?”

Alternative Schools for Behaviors

Ok, now, the reason I met with the Department of Justice all those years ago– to talk about how these alternative schools get misused and abused.

If you’re reading this as an alternative school employee and it offends you, too bad– this needs to be said. Alternative schools are wrought with abuse situations, particularly the boarding ones. The IEP supports and mental health supports are abysmal to non-existent most of the time. The ones I’ve seen are really nothing more than holding tanks. I have never once had a client go into an alternative school setting and come out better. Only worse–worse behaviors, worse mental health, further behind their age peers in academics due to lost time at their school.

That said, it’s very tough work with low pay. Turnover is high, corners get cut because these facilities are poorly funded. It’s basically a child’s last stop on the school to prison pipeline before they get to prison. Seriously.

Alternative Schools Are Often Misused for IEP Students with Behaviors

Here’s what’s supposed to happen. If a student with an IEP is struggling behaviorally, the IEP team should be doing things like:

• Reviewing and revising the IEP
• Conducting or updating a Functional Behavior Assessment (FBA)
• Writing a behavior plan (BIP) that actually addresses root causes
• Adding supports like counseling, social skills training, or sensory accommodations
• Ensuring that behaviors aren’t a manifestation of an unmet need

But here’s what too often happens instead:

Alternative School Dumping

Kids with IEPs who struggle with behavior — especially if it’s disruptive or “noncompliant” — get shuffled off to an “alternative school.” This may or may not be close by. In some cases I’ve seen kids shipped hours away to boarding situations.

Why?

• Because it’s easier than doing the work to address the behavior.
• Because the district sees it as a “discipline solution,” not a disability issue.
• Because they don’t want to (or don’t know how to) implement real supports.
• Because they can do it without calling it a change of IEP placement.

They frame it as:

“We think Johnny would benefit from a smaller, more structured environment with fewer distractions.”

What they mean is:

“We’re sending Johnny to the behavioral boot camp we use for all our ‘problem’ kids — regardless of disability.”

The Big Problem with This

1. It’s not an IEP team decision. Many times, these moves happen without a proper IEP meeting, Prior Written Notice, or parent input. That’s illegal.

2. The “supports” aren’t special ed services. Alternative schools often don’t provide the specialized instruction or related services in the IEP — or worse, they don’t even read the IEP.

3. Kids are placed with peers who don’t have disabilities. Or they’re with kids who have significant behavioral needs but no academic delays — creating an unsafe or inappropriate environment.

4. It’s a form of removal without due process. IDEA has rules around removals for behavior. If your child is sent to another building for behavioral reasons, that can trigger those protections — even if they pretend it’s “voluntary” or “temporary.”

5. The new placement may be more restrictive, but not called one. Remember: “alternative school” is usually more restrictive — not less — and IDEA says LRE matters.

Real Talk: It Feels Like Punishment

Let’s be honest: When schools send IEP kids to alternative schools, they’re not usually thinking about LRE or supports or FAPE.
They’re trying to:

• Get the “problem kid” out of their classroom
• Avoid due process or parent complaints
• Put the onus back on the child/family, not the system

It feels like punishment. Because it is.

What Parents Should Ask

If the school suggests an “alternative placement” due to behaviors:

• Is this a change of placement under IDEA? (If yes, IEP meeting and PWN are required.)
• Will the full IEP be implemented in the new setting? (Ask for service minutes, staff credentials, etc.)
• Is this more restrictive than the current placement? (Because if so, they need to show data and explain why it’s necessary.)
• Did the behavior team do an updated FBA? (If not — red flag.)
• Was this a Manifestation Determination? (If the behavior is a result of the disability — this matters legally.)

Schools misuse “alternative schools” all the time to push out IEP students with behaviors — instead of doing what they’re legally obligated to do: meet their needs. And unless parents speak up (and document everything), this move gets framed as “helpful,” when it’s really a form of exclusion.

If this happened to you (or is happening) you are not alone. It’s not you. And it’s not your kid. It’s the system trying to skip the hard parts.