Regular Student Discipline,Expulsion and Suspension  William Allan Kritsonis, PhD
Guidelines for Rule          MakingSchool Administrators Should Follow the   Guidelines Below in Helping to Maintain   Ord...
Board of Education v. Rogers,    Arkansas v. McCluskey• Case involved       • Supreme Court  expelling student     ruled i...
Due Process• Term comes from  the 5 th and 14 th  Amendments of  the U.S.  Constitution                       1.   Action ...
Dixon v. Alabama State   Board of Education• 1961 Fifth Court   • Students have  Circuit Ruling       right to have fair  ...
Goss v. Lopez• Landmark Case       • A deprivation of• Supreme Court         educational  concluded that        services M...
Tinker v. Des Moines      School District• Landmark case   • Supreme Court• Students wore     ruled in favor of           ...
DAEP• “DAEPs”, which   • Students assigned  stands for         to a DAEP, due to  Disciplinary       misconduct, must  Alt...
Removal to a DAEP•    Student must be assigned to a DAEP if     any of these offenses occur:1.     Any conduct punishable ...
Chapter 37• Student Code of  Conduct• Follow school  district handbook• Teacher Initiated  Removal of  student from      1...
Suspension• Local school        • No limit to  districts have        number of  authority to          suspensions  suspend...
Expulsion• Only the most  serious offenses  by a student 10                      •   Possession of weapons  years of age o...
Corporal Punishment•  Two Things to Remember as an   Administrator1. Don’t do it (not worth the risk)2. Any kind of physic...
Summary• New administrators need to be  familiar with the restrictions of  discipline and the law• Due process is required...
ReferencesWalsh, J. & Kemmerer, F. & Maniotis, L. (2005). The  Educator’s Guide to Public School Law . Sixth Edition.  Aus...
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Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhD

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Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhD

In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students.

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Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhD

  1. 1. Regular Student Discipline,Expulsion and Suspension William Allan Kritsonis, PhD
  2. 2. Guidelines for Rule MakingSchool Administrators Should Follow the Guidelines Below in Helping to Maintain Order In Their School1. Rules Must Have a Rational Purpose2. The Meaning of Rules Must Be Clear3. Rules That Relate to Protected Behavior Must Be Carefully Developed4. Rules That Apply Off Campus Must Be Carefully Worded and Applied5. Rules Must Be Consistently Enforced
  3. 3. Board of Education v. Rogers, Arkansas v. McCluskey• Case involved • Supreme Court expelling student ruled in favor of for drinking the school• School rule did district not speak of • Districts have alcohol, but rule the right to was referred to interpret their as “drug use” own rules
  4. 4. Due Process• Term comes from the 5 th and 14 th Amendments of the U.S. Constitution 1. Action by the state• 3 Due Process 2. State must have been Clauses in the deprived the Constitution individual of “life, liberty, or property” 3. Depends on the severity of the deprivation
  5. 5. Dixon v. Alabama State Board of Education• 1961 Fifth Court • Students have Circuit Ruling right to have fair notice of charges against them before being expelled
  6. 6. Goss v. Lopez• Landmark Case • A deprivation of• Supreme Court educational concluded that services MUST due process is involve due required before a process student can be suspended from school
  7. 7. Tinker v. Des Moines School District• Landmark case • Supreme Court• Students wore ruled in favor of the students armbands to protest the • Cannot suspend students due to Vietnam War their beliefs,• Students were unless it causes suspended for significant the protest disturbance in school
  8. 8. DAEP• “DAEPs”, which • Students assigned stands for to a DAEP, due to Disciplinary misconduct, must Alternative be separate from Education other students Programs
  9. 9. Removal to a DAEP• Student must be assigned to a DAEP if any of these offenses occur:1. Any conduct punishable as a felony2. An assault resulting in bodily injury3. A terroristic threat or false alarm4. Certain drug offenses5. Certain alcohol offenses6. Inhalant offenses7. Public lewdness8. Indecent exposure
  10. 10. Chapter 37• Student Code of Conduct• Follow school district handbook• Teacher Initiated Removal of student from 1. Repeatedly interferes with classroom teacher’s ability to communicate with others 2. Behavior is determined unruly, disruptive, or abusive to the learning environment
  11. 11. Suspension• Local school • No limit to districts have number of authority to suspensions suspend student • School districts• Under TEC also have 37.005, authority over in- suspension is school limited to 3 days suspension thru per offense its code of conduct
  12. 12. Expulsion• Only the most serious offenses by a student 10 • Possession of weapons years of age or • Assaultive behaviors older can lead to • Arson expulsion • Murder • Indecency with a child • Aggravated kidnapping • Drug/Alcohol abuse • Retaliation against a school employee
  13. 13. Corporal Punishment• Two Things to Remember as an Administrator1. Don’t do it (not worth the risk)2. Any kind of physical stress is also corporal punishmentLandmark Case- Ingraham v. WrightCorporal punishment left up to state and local officials
  14. 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. 15. ReferencesWalsh, 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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