This document provides guidance for school administrators on student discipline, suspension, and expulsion. It outlines key Supreme Court cases that established students' due process rights in disciplinary procedures. Administrators must follow district codes of conduct, which allow for teacher-initiated removal from class, short-term suspension, and expulsion only for serious offenses. Corporal punishment is generally not recommended due to legal risks, though state laws may permit it. Overall, the document stresses the importance of due process and knowing district policies regarding discipline.

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.