Chapter 8 - William Allan Kritsonis, Lecture Notes

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Chapter 8Student Discipline

William Allan Kritsonis, PhD



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



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



Three Other

ConstitutionalIssues

Overbreadth

ProtectedAreas

Void orVa!ueness



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



*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



*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



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



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



◦ -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



Disciplinar% Practices



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



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



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



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



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



#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 *



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



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



;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

Chapter 8 - William Allan Kritsonis, Lecture Notes

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