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R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
R E G U L A R  S T U D E N T  D I S I P L I N E  E X P L U S I O N  A N D  S U S P E N S I O N
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R E G U L A R S T U D E N T D I S I P L I N E E X P L U S I O N A N D S U S P E N S I O N

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Students and School Law …

Students and School Law
Professor William Allan Kritsonis, PhD
Educational Law Series

Published in: Education
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  • 1. Regular Student Discipline, Expulsion and Suspension William Allan Kritsonis, PhD
  • 2. Guidelines for Rule Making
    • School Administrators Should Follow the Guidelines Below in Helping to Maintain Order In Their School
    • Rules Must Have a Rational Purpose
    • The Meaning of Rules Must Be Clear
    • Rules That Relate to Protected Behavior Must Be Carefully Developed
    • Rules That Apply Off Campus Must Be Carefully Worded and Applied
    • Rules Must Be Consistently Enforced
  • 3. Board of Education v. Rogers, Arkansas v. McCluskey
    • Case involved expelling student for drinking
    • School rule did not speak of alcohol, but rule was referred to as “drug use”
    • Supreme Court ruled in favor of the school district
    • Districts have the right to interpret their own rules
  • 4. Due Process
    • Term comes from the 5 th and 14 th Amendments of the U.S. Constitution
    • 3 Due Process Clauses in the Constitution
    • Action by the state
    • State must have been deprived the individual of “life, liberty, or property”
    • Depends on the severity of the deprivation
  • 5. Dixon v. Alabama State Board of Education
    • 1961 Fifth Court Circuit Ruling
    • Students have right to have fair notice of charges against them before being expelled
  • 6. Goss v. Lopez
    • Landmark Case
    • Supreme Court concluded that due process is required before a student can be suspended from school
    • A deprivation of educational services MUST involve due process
  • 7. Tinker v. Des Moines School District
    • Landmark case
    • Students wore armbands to protest the Vietnam War
    • Students were suspended for the protest
    • Supreme Court ruled in favor of the students
    • Cannot suspend students due to their beliefs, unless it causes significant disturbance in school
  • 8. DAEP
    • “ DAEPs”, which stands for Disciplinary Alternative Education Programs
    • Students assigned to a DAEP, due to misconduct, must be separate from other students
  • 9. Removal to a DAEP
    • Student must be assigned to a DAEP if any of these offenses occur:
    • 1. Any conduct punishable as a felony
    • An assault resulting in bodily injury
    • A terroristic threat or false alarm
    • Certain drug offenses
    • Certain alcohol offenses
    • Inhalant offenses
    • Public lewdness
    • Indecent exposure
  • 10. Chapter 37
    • Student Code of Conduct
    • Follow school district handbook
    • Teacher Initiated Removal of student from classroom
    • Repeatedly interferes with teacher’s ability to communicate with others
    • Behavior is determined unruly, disruptive, or abusive to the learning environment
  • 11. Suspension
    • Local school districts have authority to suspend student
    • Under TEC 37.005, suspension is limited to 3 days per offense
    • No limit to number of suspensions
    • School districts also have authority over in-school suspension thru its code of conduct
  • 12. Expulsion
    • Only the most serious offenses by a student 10 years of age or older can lead to expulsion
    • Possession of weapons
    • Assaultive behaviors
    • Arson
    • Murder
    • Indecency with a child
    • Aggravated kidnapping
    • Drug/Alcohol abuse
    • Retaliation against a school employee
  • 13. Corporal Punishment
    • Two Things to Remember as an Administrator
    • Don’t do it (not worth the risk)
    • Any kind of physical stress is also corporal punishment
    • Landmark Case- Ingraham v. Wright
    • Corporal punishment left up to state and local officials
  • 14. Summary
    • New administrators need to be familiar with the restrictions of discipline and the law
    • Due process is required for student discipline
    • Know your district policy in regards to corporal punishment and student discipline
  • 15. References
    • Walsh, J. & Kemmerer, F. & Maniotis, L. (2005). The
    • Educator’s Guide to Public School Law . Sixth Edition.
    • Austin, TX: University of Texas Press.

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