William Kritsonis, School Law, Ch 8 Suspension, Expulsion - PowerPoint PPT Presentation

View by Category
About This Presentation
Title:

William Kritsonis, School Law, Ch 8 Suspension, Expulsion

Description:

William Kritsonis, School Law, Ch 8 Suspension, Expulsion – PowerPoint PPT presentation

Number of Views:302
Slides: 22
Provided by: Will1945
Category: Other

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: William Kritsonis, School Law, Ch 8 Suspension, Expulsion


1
Regular School Discipline, Suspension, and
Expulsion William Allan Kritsonis, PhD
2
Regular Student Discipline
  • Expulsion-Suspension

3
Regular Student Discipline
Every Texas school district must create a
foundation for student discipline by adopting a
student code of conduct that establishes clear
standards for student behavior. The student code
of conduct will often reflect the discipline
policies and related procedures that a district
has in place to manage student behavior in class
and on school property. Discipline policies and
procedures typically include due process for
students who have violated the student code of
conduct and for students who are placed in
alternative programs outside the regular
education setting.
4
Grounds for Nondisabled studentsRemoval by
teacher
  • A teacher may send a student to the principal to
    maintain effective classroom discipline. (Sec.
    37.002(a))
  • A teacher may remove a student from class after
    documenting repeated interference with the
    teachers ability to communicate with the class
    OR if the student engages in behavior so unruly,
    disruptive, or abusive that it seriously
    interferes with instruction. (Sec. 37.002(b))
  • Following removal, the principal may place the
    student in a disciplinary alternative education
    program (DAEP), in-school suspension, or another
    teachers class.

5
Grounds for Nondisabled studentsRemoval by
teacher cont
  • A teacher must remove from class and send to the
    principal any student who engages in conduct for
    which the student must be placed in a DAEP or for
    which the student may or must be expelled. (Sec.
    37.002(d) see also Secs. 37.006 and 37.007)
  • A conference must be held within three class days
    of the removal, during which time the student may
    not be returned to the regular classroom.

6
Grounds for Nondisabled studentsRemoval by
teacher cont
  • A removed student cannot be returned to the
    teachers classroom over the teachers objection
    unless the Placement Review Committee finds that
    the placement is the best or the only
    alternative. If the teacher removed the student
    from class because the student has engaged in an
    offense of assault causing bodily injury against
    the teacher, the student may not be returned to
    the teachers class without the teachers
    consent. The teacher may not be coerced to
    consent. (Sec. 37.002(c) and 37.002(d)).

7
Suspension
  • A student may be suspended for engaging in any
    conduct that could place the student in a DAEP.
  • Additional grounds for suspension may be
    developed by the district and must be defined in
    the districts Student Code of Conduct.
  • A student may be suspended for up to three days
    at a time

8
Removal to Disciplinary Alternative Education
Program
  • A school district must place in a DAEP any
    student who engages in the following conduct that
    occurs on or within 300 feet of school property
    or while the student is attending a
    school-sponsored or school-related activity on or
    off school property
  • Conduct punishable as a felony
  • Offense constituting terroristic threat, assault
    that causes injury, or false alarm or report
  • Transfers/possesses/uses or is under the
    influence of marijuana, controlled substances, or
    dangerous drugs
  • Transfers/possesses/uses or commits a serious
    offense while under the influence of alcohol
  • Conduct containing the elements of abuse of
    volatile chemicals
  • Conduct containing the elements of public
    lewdness or indecent exposure.

9
Removal to Disciplinary Alternative Education
Program Cont
  • A student must be placed in a DAEP if, while off
    campus and not in attendance at a
    school-sponsored or school-related activity, the
    student receives deferred prosecution for
    offenses listed in Title 5 of the Texas Penal
    Code, i.e., violent offenses against the person
    a court or jury finds that the student has
    engaged in delinquent conduct or conduct
    prohibited in Title 5 or the superintendent has
    a reasonable belief that the student engaged in
    conduct defined as a Title 5 felony offense.
  • A student who is required to register as a sex
    offender must be placed in a DAEP or JJAEP for at
    least one semester.
  • A student must be placed in a DAEP for engaging,
    whether or not on school property or at a school
    event, in conduct constituting retaliation, i.e.,
    harming or threatening to harm by an unlawful act
    a school employee on account of the employees
    job-related duties.

10
Removal to Disciplinary Alternative Education
Program Cont
  • A student may be placed in a DAEP if the student,
    while off campus and not in attendance at a
    school-sponsored or school-related activity
  • Has engaged in (nonviolent) conduct defined as a
    felony offense OTHER than those defined under
    Title 5, Texas Penal Code (violent conduct), and
    the superintendent has a reasonable belief that
    the student has engaged in such conduct and
  • The continued presence of the student in the
    regular classroom threatens the safety of other
    students or teachers or will be detrimental to
    the educational process.
  • The board of trustees of a school district, or
    the boards designee, after an opportunity for a
    hearing may elect to place a student in a DAEP if
    the student
  • Receives deferred prosecution for conduct defined
    as a felony
  • Engages in delinquent conduct defined as a
    felony or

11
Removal to Disciplinary Alternative Education
Program Cont
  • If the board or the boards designee determines
    that the students presence in the regular
    classroom
  • Threatens the safety of other students or
    teachers
  • Will be detrimental to the educational process or
    is not in the best interests of the districts
    students.
  • When a student is removed to a DAEP, a conference
    is required within three days of removal. The
    school board or its designee must review a
    students status, including academic status, at
    least every 120 days. For high school students,
    progress toward graduation requirements must be
    reviewed and a specific plan developed.
  • An elementary school student may not be placed in
    a DAEP with nonelementary school students.
  • Students younger than age 6 may not be removed to
    a DAEP, unless they bring a firearm to school.

12
Expulsion or Removal to DAEP, JJAEP
  • A student may be expelled or placed in a DAEP or
    JJAEP if the student has received deferred
    prosecution for conduct defined as a felony
    offense in Title 5 of the Texas Penal Code has
    been found by a court or jury to have engaged in
    delinquent conduct or conduct defined as a felony
    offense in Title 5 of the Texas Penal Code is
    charged with engaging in conduct defined as a
    felony offense in Title 5 of the Texas Penal
    Code has been referred to a juvenile court for
    allegedly engaging in delinquent conduct or
    conduct defined as a felony offense in Title 5 of
    the Texas Penal Code has received probation or
    deferred adjudication for a felony offense under
    Title 5 of the Texas Penal Code has been
    convicted of a felony offense under Title 5 of
    the Texas Penal Code or has been arrested for or
    charged with a felony offense under Title 5 of
    the Texas Penal Code. (NOTE Certain instances
    described here require mandatory removal to
    DAEP.)

13
Expulsion
  • A student must be expelled for committing any of
    the following serious offenses while on school
    property or while attending a school-sponsored or
    school-related activity
  • Uses, exhibits, or possesses a firearm, illegal
    knife, club, or other prohibited weapon or
  • Commits the elements of any of the following
    offenses aggravated assault, sexual assault,
    aggravated sexual assault, arson, murder,
    indecency with a child, aggravated kidnapping,
    aggravated robbery, manslaughter, criminally
    negligent homicide, or drug- or alcohol-related
    offenses punishable as a felony.
  • A student must be expelled for committing any of
    the above offenses in retaliation against a
    school employee on or off school property.

14
Expulsion cont
  • A student may be expelled if, while on or within
    300 feet of school property or while attending a
    school-sponsored or school-related event, the
    student
  • Sells/gives/delivers/possesses or is under the
    influence of marijuana, controlled substances,
    dangerous drugs, or alcoholic beverages or
  • Engages in conduct containing the elements of
    offenses related to abuse of volatile chemicals
    or
  • Engages in serious or persistent misbehavior
    occurring while placed in a DAEP or
  • Assaults and causes injury to an employee or
    volunteer, including in retaliation for the
    employees or volunteers duties in the district
    or commits a terroristic threat against a
    teacher or
  • Engages in conduct containing the elements of
    deadly conduct or
  • Uses, exhibits, or possesses a firearm, illegal
    knife, club, or other prohibited weapon or
  • Engages in conduct containing the elements of
    aggravated assault, sexual assault, aggravated
    sexual assault, arson, murder, indecency with a
    child, aggravated kidnapping, aggravated robbery,
    manslaughter, criminally negligent homicide, or
    drug- or alcohol-related offenses punishable as a
    felony.

15
Expulsion cont
  • A student may be expelled from school by the
    district in which the student attends school if
    the student while on school property of another
    district in this state or while attending a
    school-sponsored or school-related activity of a
    school in another district in this state
  • Uses, exhibits, or possesses a firearm, illegal
    knife, club, or other prohibited weapon or
  • Engages in conduct containing the elements of
    aggravated assault, sexual assault, aggravated
    sexual assault, arson, murder, indecency with a
    child, aggravated kidnapping, aggravated robbery,
    manslaughter, criminally negligent homicide, or
    drug- or alcohol-related offenses punishable as a
    felony.

16
Expulsion cont
  • A student may be expelled if the student
  • Engages in conduct containing the elements of
    felonious criminal mischief or
  • Engages in school-related conduct involving false
    report or alarm, or terroristic threat.
  • Students under age 10 cannot be expelled,
    although they can be sent to DAEPs.
  • A teacher must be informed by the district if one
    of the teachers students has committed any of
    the above offenses. (NOTE A teacher must keep
    this information confidential, or risk
    certificate sanctions.)
  • A student must be given a hearing before
    expulsion occurs.

17
Emergency removal
  • A principal (or designee) may order the
    immediate removal of a student to a DAEP or may
    order expulsion if the students behavior is such
    that it seriously interferes with the teachers
    ability to communicate with the class or with the
    operation of the school, or if action is
    necessary to prevent harm to persons or property.
  • The student shall receive oral notice of the
    reason for the action at the time of the
    emergency placement. A proper due process hearing
    must occur within a reasonable time after the
    placement or expulsion.

18
Nevares v. San Marcos C.I.S.D.
One court case related to School
Discipline-Suspension and Expulsion would be
Nevares v. San Marcos C.I.S.D. In this case,
given by The Educators Guide to Texas School
Law, it states that Timothy Nevares was among
the first students assigned t o DAEP after the
adoption of the mandatory placement provisions
in Chapter 37. Nevares was placed in DAEP based
on off-campus conduct. His suit against the San
Marcos C.I.S.D. was followed closely by educators
in Texas, since it was the first major court
challenged to some of the more controversial
aspects of Chapter 37. Though Nevares had some
success at district level, he struck out before
the Fifth Circuit. Nevares had complained of a
lack of due process, alleging that the school had
tossed him into an inferior program without a
proper hearing. But the Fifth Circuit ruled that
no process was due, because the student was not
deprived of property or liberty. Timothy Nevares
was not denied access to public education, not
even temporarily. He was only transferred from
one school program to another with stricter
discipline Since no deprivation occurred, no
process of any kind was due. In other words, as
far as federal law is concerned, students
assigned to DAEP are not entitled to any kind of
hearing, not even an informal type hearing. This
would appear to close the door to suits alleging
a violation of federal due process based on DAEP
assignments.
19
Aledo I.S.D. v. Reese
Also stated in The Educators Guide to Texas
School Law, is another court case that relates to
School Discipline-Suspension and Expulsion was
Aledo I.S.D. v. Reese, in this case, a student
was placed in a DAEP due to possession of a
shotgun in his truck on the school parking lot
after a weekend hunting trip. The student filed
suit, and a state district judge issued an
injunction, ordering the school to readmit the
student to the regular school program. The court
of appeals read TEC 37.0009(b) (Any decision of
the board or the boards designee under this
subsection is final and may not be appealed) and
declared that it means what it says--- DAEP
orders may not be appealed beyond the school
board. Therefore, the state district judge should
not have even heard the case. The injunction was
issued erroneously and was void. A second court
of appeals reached exactly the same conclusion in
Hankins v. P.H., as next friend of P.J.H.
20
Goss Case
One last case dealing with school discipline
suspension and expulsion is the Goss case. In
this case the procedures that must accompany
expulsion are more extensive than those involved
in suspension or removal to a disciplinary
alternative education program. Since the
students property right to a public education
is being taken, The Fourteenth Amendment requires
that the student be afforded an appropriate level
of due process. In the Goss case the Courts
emphasized the informality of what was being
requiredless than a fair minded school
principal would impose upon himself in order to
avoid unfair suspension.
21
RESOURCES Walsh, J., Kemere, F., Maniotis, L.
(2005). The Educators Guide to Texas School
Law. Austin University of Texas
Press. Goldstein, B. (2001). Chapter 37 The
basic for student discipline in Texas public
school law. On-line. Available
www.blgpclaw.com Idea Publications Series.
(2003) Suspension and expulsion at a glance.
On-line. Available www.idea.gaseis.ucla.edu
Education Law School. (2008). Law school
suspension and expulsion. One-line.
Available www.madufflaw.com Especially for
Parents. (2005). State suspension/expulsion
laws. On- line Available www.aaps.k12mi.us/aa
ps.forparents Student Discipline in
Governement School. (2006). Suspension and
Expulsion of School Procedures. On-line.
Available www.det.nsw.edu Texas Teacher Law.
(2007). Student discipline or free speech
infringement? On-line.www.teacherlaw.blogspot
.com
About PowerShow.com