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Regular Student Disipline Explusion And Suspension
 

Regular Student Disipline Explusion And Suspension

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Dr. William Allan Kritsonis

Dr. William Allan Kritsonis
Regular Student Discipline and Expulsion

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    Regular Student Disipline Explusion And Suspension Regular Student Disipline Explusion And Suspension Presentation Transcript

    • Regular Student Discipline, Expulsion and Suspension William Allan Kritsonis, PhD
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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
    • DAEP
      • “ DAEPs”, which stands for Disciplinary Alternative Education Programs
      • Students assigned to a DAEP, due to misconduct, must be separate from other students
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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
    • References
      • Walsh, J. & Kemmerer, F. & Maniotis, L. (2005). The
      • Educator’s Guide to Public School Law . Sixth Edition.
      • Austin, TX: University of Texas Press.