Discipline in school for all the necessary stakeholders

Discipline in school

1. Student discipline

2. Scenario 1 We are in the process of developing a new student code of conduct, but don’t know where to start. Can we just adopt the student code of conduct from the local school district and use it as ours? Who would recommend this approach?

3. Probably not a good idea Charter schools have broad discretion in determining a student discipline policy: Type of prohibited behavior and possible disciplinary consequences subject to local discretion. Each governing body of an open-enrollment charter is required to adopt a code of conduct, including types of prohibited behaviors; possible consequences for those prohibited behaviors; Specify the conduct that may result in expulsion from the school; Outline the school’s due process procedures with respect to expulsion. (Tex. Educ. Code §12.131)

4. A Student Code of Conduct Should . . . Developing Your Student Code of Conduct

5. Scenario 2 Only the school administration will be responsible for student discipline at our school. Do we have to train our teachers on the Student Code of Conduct?

6. Train Everyone! All staff should be trained on the Student Code of Conduct Additionally, all staff interacting with students with a behavior intervention plan should also be trained on the BIP Lunch time staff Hallway staff Teachers Assistants

7. Free Speech

8. Scenario 3 School basketball team chose to kneel during the National Anthem last week as part of a protest. The same week a student refused to stand for the Pledge of Alliance during homeroom and decided to sing a Taylor Swift song the whole time. Principal doesn’t agree with either action and wants to suspend all students involved. Any Issues?

9. Free Speech: Student Rights Students do not “shed their constitutional rights to freedom of speech and expression at the schoolhouse gate .” –Tinker v. Des Moines Independent School district, 1969 The school may put reasonable restrictions on student speech as long as those restrictions are viewpoint neutral and consistent with a legitimate school purpose However, you cannot discipline or withhold privileges for exercising free-speech rights.

10. Vulgar, sexually-explicit, lewd, or encourages drug use; Materially or substantially disrupts normal school operations or the rights of other students and teachers or there is reasonable cause to believe such expression would cause material and substantial disruption; or Is a “true threat” of intent to harm or cause injury, made at home or at school. Not protected speech

11. Scenario 4 You received a report from a student that she has been receiving threatening messages on Facebook, Snapchat, and Instagram. After seeing the messages, you see that the messages all occur in the evening after school or on the weekends. Can you, as an administrator, do anything to discipline these students?

12. Off Campus Speech First amendment question: Is it threatening? Does the school have jurisdiction? After the passage of SB 179, David’s Law, yes Expands definition single significant act or a pattern of acts that exploits an imbalance of power though written or verbal expression, electronic means , or physical conduct that causes: Materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or Infringes on the rights of the victim at school

13. Off Campus Speech Bullying off campus Bullying includes on campus, school activity, or off school property Cyberbullying occurs off campus or outside of a school event that interferes with student’s educational opportunity or substantially disrupts school operation Includes ALL electronic communication

14. Required Policies Must adopt a policy State definition of Bullying Procedures to notify parents of victim and alleged bully’s parents within 3 business days Procedures for students to anonymously report Assist in prevention of bullying Discipline May expel, may send to DAEP, may report to law enforcement

15. Remedies for bullying Civil Creates civil remedy for parents of victim of bullying against alleged bully Criminal Creates a Class A misdemeanor for harassment if, Against a minor Intent to cause serious bodily harm Intent to cause suicide

16. Searches

17. Scenario 5 Teacher confiscates a students cell phone after seeing the phone out on the students desk. School rules do not allow cell phones to be out during the school day. Teacher searches phone finds text messages about drug use. Teacher sends student to the principal’s office and the principal is recommending suspension. Is that ok?

18. Unreasonable search Legal Standard: A reasonable belief must exist that the search will result in the discovery of evidence of a violation of the law less than probable cause Must be reasonable at the outset, before the search finding evidence during the search does not make the search lawful if a reasonable belief didn’t exist before the search.

19. Cell Phone Searches Higher level of privacy than other searches Must only search for specific item: Believe there are text messages ≠ search photos, Facebook, etc. Recommend: Only administration search phones Policies Do you want to notify parent first? Do you want parent present when searching?

20. Scenario 6 At the beginning of the year you assign lockers to all of your high school students. In November rumors are flying and you believe that students are using pot on campus. In order to address this issue, you contract with local law enforcement to search student lockers, desks, cars, and backpacks using a drug dog. Any issues with these searches?

21. Expectation of Privacy? school owned property: No lockers, desks, school computers, email, and other technology equipment and resources, and other items provided by the school for temporary student use. Personal Property: Yes; must have reasonable belief Car Backpack

22. What is a “search” subject to the 4 th Amendment?

23. Due Process and Removals

24. Scenario 7(a) and (b) Student receives his 12 th day of suspension in the first 12 weeks of school for yet another fight. Principal is recommending expulsion after attempting ISS, OSS, and implementing a behavior plan. Principal calls mom and tells mom, “We just don’t think that our school is the right place for your student. We can provide him the proper program he needs. You may want to consider returning to your home school.” Or, “We can withdrawal the student so he doesn’t get expelled”

25. Counseling out Suggesting you cannot: Serve a student Provide necessary programs Returning to home school “not the right fit” Administratively withdrawing All of these are prohibited!

26. Scenario 7(c) Student receives his 12 th day of suspension in the first 12 weeks of school for yet another fight. Principal is recommending expulsion after attempting ISS, OSS, and implementing a behavior plan. (c) Principal calls parent to inform parent about the expulsion hearing, parent says “We will be withdrawing the student on Monday, and will not attend the hearing.” How does the principal proceed?

27. Expulsion hearing Do not encourage the withdrawal You may proceed with expuslion , but this can be tricky Parent/Student have a right to due process for a removal Proceeding without their parent present may not provide due process Suggestion Inform parent that the hearing is on hold Will proceed if student returns Report to home district? Maybe—but not required.

28. When can you suspend? Chapter 37.007 Offense Stated in Student Code of Conduct Mandatory expulsion Gun Free Zone to maintain federal funding How long is the expulsion? Depends on your charter Chapter 37 exception to admission Appeal of expulsion

29. Special education

30. Scenario 8 A student with a disability, as a student with ADHD, got into a fight during recess. The student has been suspended for 8 days already this year. The principal is recommending suspension for 3 more days. Is the principal allowed to suspend for another 3 days? Was it ok to suspend for the first 8 days?

31. 10 Day Rule Yes and Yes, but… All students are subject to the Student Code of Conduct, regardless of the students disability. HOWEVER - students with disabilities have additional protections. After 10 days of suspension –either consecutive or for a pattern of behavior Must hold an MDR within 10 school days of the removal

32. What is a pattern? Behavior that is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and Additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.

33. What is an MDR? Manifestation Determination Review (MDR) Asks 2 questions Was the behavior substantially and directly related to the student’s disability? Yes or No Was the behavior a direct result of the school’s failure to implement the student’s IEP? Yes or No If you answer YES, to either question, the student can no longer be removed and must be returned to school May owe the student compensatory for time out of school If you answer NO, to BOTH questions, the student can be removed in accordance to the Student Code of Conduct

34. Special Education Students Students eligible for services under the IDEA and Section 504 are subject to discipline under those laws. Your Code of Conduct should recognize this and incorporate these requirements.

35. How long can you remove a student for? As prescribed in your Student Code of Conduct, except for… If it is determined that a student brought a weapon or drugs to school, or seriously injured another person, and the cause of the behavior was the students disability, you may proceed with a removal for up to 45 days What do you do with a student for 45 days without a DAEP? You MUST provide FAPE Students under Section 504 have the same rights, unless they are a current user of drugs or alcohol and the offense is related to drugs or alcohol. Student no longer has a right to an MDR

36. Scenario 9 We have a new student in general education. Parent provided documentation to a teacher that the student has been diagnosed with autism. The parent has not requested an evaluation. Teacher has expressed concerns with the student’s behavior in class and after throwing a couple chairs in the classroom, the principal wants to recommend expulsion. Is this a student with a disability or just a general education student? What rules apply?

37. To have knowledge Even if a student has qualified for special education or 504 services, doesn’t mean they are not protected Student will be considered under special education or 504 if school has knowledge: The parent expressed concern in writing to supervisory or administrative personnel or a teacher that the child is in need of special education and related services; The parent of the child has requested an evaluation of the child pursuant to the IDEA; or The teacher, or other personnel, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education or to other supervisory personnel. Must hold MDR

38. Lindsey Gordon General Counsel [email protected] Christine Nishimura Deputy General Counsel [email protected]