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
1. Rules Must Have a Rational Purpose
2. The Meaning of Rules Must Be Clear
3. Rules That Relate to Protected Behavior
Must Be Carefully Developed
4. Rules That Apply Off Campus Must Be
Carefully Worded and Applied
5. Rules Must Be Consistently Enforced
 Board of Education v.
Rogers, Arkansas v.
McCluskey
Case involved Supreme Court
expelling ruled in favor
student for of the school
drinking district
School rule did Districts have
not speak of the right to
alcohol, but rule interpret their
was referred to own rules
as drug use
 Due Process
Term comes
from the 5th and
14th
Amendments of
the U.S.
Constitution 1. Action by the state
2. State must have been
3 Due Process deprived the individual
of life, liberty, or
Clauses in the property
3. Depends on the severity
Constitution of the deprivation
Dixon v. Alabama State
Board of Education

1961 Fifth Court Students have

Circuit Ruling right to have
fair notice of
charges against
them before
being expelled
 Goss v. Lopez
Landmark Case A deprivation of
Supreme Court educational
concluded that services MUST
due process is involve due
required before process
a student can
be suspended
from school
 Tinker v. Des Moines
School District
Landmark case Supreme Court
Students wore ruled in favor of
armbands to the students
protest the Cannot suspend
Vietnam War students due to
their beliefs,
Students were unless it causes
suspended for significant
the protest disturbance in
school
 DAEP
DAEPs, which Students
stands for assigned to a
Disciplinary DAEP, due to
Alternative misconduct,
Education must be
Programs 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
2. An assault resulting in bodily injury
3. A terroristic threat or false alarm
4. Certain drug offenses
5. Certain alcohol offenses
6. Inhalant offenses
7. Public lewdness
8. Indecent exposure
 Chapter 37
Student Code of
Conduct
Follow school
district
handbook
Teacher
Initiated 1. Repeatedly interferes
Removal of with teachers ability to
communicate with others
student from 2. Behavior is determined
classroom unruly, disruptive, or
abusive to the learning
environment
 Suspension
Local school No limit to
districts have number of
authority to suspensions
suspend student School districts
Under TEC also have
37.005, authority over in-
school
suspension is
suspension thru
limited to 3
its code of
days per offense conduct
 Expulsion
Only the most
serious offenses
by a student 10 Possession of weapons
years of age or Assaultive behaviors
Arson
older can lead
Murder
to expulsion Indecency with a child
Aggravated kidnapping
Drug/Alcohol abuse
Retaliation against a
school employee
 Corporal Punishment
Two Things to Remember as an
Administrator
1. Dont do it (not worth the risk)
2. 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
Educators Guide to Public School Law. Sixth
Edition.
Austin, TX: University of Texas Press.