chapter 8 - william allan kritsonis, lecture notes
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8/20/2019 Chapter 8 - William Allan Kritsonis, Lecture Notes
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Chapter 8Student Discipline
William Allan Kritsonis, PhD
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This term comes from the Fifth and Fourteenth
Amendments to the U.S. Constitution, of which both
require that the state provide “due process” to anindividual before tain! from the person “life, libert",
or propert".”
Due Process
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There must be some action of the state.
The state must have deprived the
individual of “life, libert" or propert".”
The nature of the process due depends
on the severit" of the deprivation.
Due Process Clauses in our
Constitution
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Three Other
ConstitutionalIssues
Overbreadth
ProtectedAreas
Void orVa!ueness
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Suspension is a small section of the #ducation Codewhich hi!hli!hts when a student can be suspended
from school.
Suspension is created as a short term disciplinar"
action.
Suspension is limited to three da"s per offense under
T#C $%.&&'(b).There is nothin! in the law for in
school suspension.
Chapter $ discussed in details limitations as it relates
to students with disabilities.
Suspension
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*A#+ is an alternative educational pro!ram for
students who have performed disciplinar" infractions.
This pro!ram is not a choice lie other alternative
pro!rams offered b" school districts.
Students are assi!ned in responses to a violation ofthe code of conduct.
"emoval to a DA#P
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*A#+ placements when offenses occur at school,within $&&ft, of school propert" or at school sponsored
event.
◦
An" conduct punishable as a felon".◦ An assault resultin! in bodil" inur".
◦ Certain dru! offenses.
◦ Certain alcohol offenses.
◦ -nhalant offenses.
◦ +ublic lewdness.
◦ -ndecent eposure.
$andator% Placements
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The harshest penalt" that a school can impose
is epulsion.
This penalt" is reserved for the most serious
offenses and is served to students who are at
least ten "ears old.
#&pulsion
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Section $%.&&% states several t"pes of conduct that
require epulsion.
◦ +ossession of weapons1 firearms, ille!al nives, clubs, or
an" other prohibited weapons.
◦ Assaultive offenses1 a!!ravated assault, seual
assault, or a!!ravated seual assault.
◦
Arson◦ 2urder, capital murder, criminal attempt to commit
murder or capital murder.
'rounds or #&pulsion
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◦ -ndecenc" with a child.
◦ A!!ravated idnappin!.
◦ *ru! or alcohol offenses if punishable as a felon".
◦ 0etaliator" commission of an epellable offense
a!ainst a school emplo"ee.(ote3 The first seven must occur on the school propert"
to be considered for reason of epulsion. The ei!hth is
epellable irrespective of where it taes place.
'rounds )or #&pulsion
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Disciplinar% Practices
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Students ma" be epelled for3
◦ Serious or persistent misconduct while placed in a *A#+.
◦ *ru! or alcohol offenses, if not punishable as a felon".
◦ -nhalant offenses.
◦ Criminal mischief (vandalism) if punishable as a
felon".
Additional #&pellable Oenses
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Corporal +unishment continues to be le!al in Teas.
#fforts are been made to eliminate corporal punishment
b" udicial decree.
Court case of -n!raham v. 4ri!ht, the Court ruled that
corporal punishment of public school students3
◦ did not require an" formal due process measures such as notice
and a hearin!.
◦ no circumstances could be considered “cruel and unusual
punishment” as that term used in the #i!hth Amendment.
Corporal Punishment
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Students can be removed from etracurricular
activities without formal due process measures.
Courts have often ruled that participatin! in
etracurricular activities and athletics is a “privile!e”
rather than a “ri!ht.”
Additionall", courts will support school district5s
position if the suspension is from etracurricular
rather than a suspension from school.
Suspension rom
#&tracurricular Activities
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0easons other than those listed in
law, provided that the code of
conduct advises the students that
removal mi!ht occur and that the"
can be sent to *A#+s b" schooldistricts.
Discretionar% Placements
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A harsh punishment that is reserved for serious
offences.
-t is onl" applicable to students ten "ears and older.
6ehavior that require epulsion are but not limited to3
◦ +ossession of weapons
◦ Arson
◦ 2urder
◦ *ru! or alcohol offences
#&pulsion
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#mer!enc" epulsion3 necessar" to protect persons or
propert" from imminent harm.
#mer!enc" removal3 occurs when a behavior is so
unrul", disruptive, or abusive that it seriousl"
interferes with teachers abilit" to teach.
#mer!enc" action should not be taen in isolation as
it is basis for further disciplinar" action.
#mer!enc% Actions
I i Wi h *
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School districts should notif" the uvenile board of
an" emer!enc" action taen a!ainst a student.
7ocal law enforcement officials are required to !ive
the superintendent a notice within 89 hours after
arrestin! a student.
The superintendent is responsible for notif"in! the
school emplo"ees who need to now.
Interaction With *a+
#norcement
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Corporal punishment
◦ 7e!al in Teas
◦ 6anned in some school districts
Suspension from etracurricular activities
◦ Students can be removed from etracurricular
activities without an" formal due process measures.
◦ Courts have consistentl" ruled that participation in
athletics and other etracurricular activities is a
:privile!e5 rather than a :ri!ht.5
Disciplinar% Practices
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;emerer, <., 4alsh, F., = 2aniotis, 7. (8&>&). The
educator’s guide to Texas school law (%th ed.). Austin,
T3 Universit" of Teas +ress. -S6?3 >$3
@%&8@8%88@$9 or >&3&8@8%88@$>.
"eerence