Public School Law

Regular Student DisciplineExpulsion and Suspension

Lecture Notes

William Allan Kritsonis, PhD

Guidelines for Rule Making

School Administrators Should Follow the Guidelines Below in Helping to Maintain Order In Their School

1. 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

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 5th and 14th Amendments of the U.S. Constitution

• 3 Due Process Clauses in the Constitution

1. Action by the state2. State must have been

deprived the individual of “life, liberty, or property”

3. 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 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

Chapter 37• Student Code of

Conduct• Follow school

district handbook

• Teacher Initiated Removal of student from classroom

1. Repeatedly interferes with teacher’s ability to communicate with others

2. 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

Administrator1. Don’t do it (not worth the risk)2. Any kind of physical stress is also

corporal punishment

Landmark Case-Ingraham v. WrightCorporal 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

ReferencesWalsh, J. & Kemmerer, F. & Maniotis, L. (2005).

The Educator’s Guide to Public School Law. Sixth

Edition. Austin, TX: University of Texas Press.