Key Information on Student Discipline and Protections in Educational Settings

Presentation by: Omar Fierro, Manuel Gamboa, David Kohutek, & Joe Stanaland

Code of Conduct-Must specify the circumstances under which students maybe subject to discipline Geography limits disciplinary techniques Schools cannot impose rules that apply 24/7/365 General Rule: School must show legitimate business in regulating student behavior First element of due process is notice Be prepared to prove

Chapter 37: Removal of students from class Three types of Removals: Removal for help ; Mandatory Removal; Discretionary Removal Student with a disability under IDEA or Section 504

School officials can take disciplinary action in the same manner that they would do so for regular education students for a total of 10 school days during the school year 10-day (FAPE Free Zone) provision is a cumulative rule If the disciplinary assignment to ISS or DAEP goes beyond the 10-days, the ARD committee must carry out a manifestation determination.

Non Disabled Students protections of IDEA Theory that regular education students should be entitled to the protections of IDEA. Protection does not extend to students whose parents have refused to permit an evaluation.

Document, Document, Document Do not tie to The Texas Penal Code Tie to the School Code of Conduct

Inappropriate exposure of a students body parts which are ordinarily covered Using profanity, vulgar language, or obscene gestures Violating dress and grooming criteria Inappropriate verbal, physical, or sexual contact toward another student

Horseplay, roughhousing, and other playful behavior that presents a reasonable risk Fighting or scuffling that does not result in physical pain Engaging in conduct that can cause bodily harm Engaging in oral or written threats that can cause bodily harm or injury

The legislature has moved away from the concept of zero tolerance. It means that administrators will be required to exercise some discretion in determining such factors as self defense and intent Common Sense

District must adopt guidelines Always follow those guidelines Maximum time is one school year Exceptions Continued threat -- DAEP student safety

Students should be given a definite term when placed A term may be shortened due to good behavior or progress made However, an administrator may not arbitrarily assign additional days without an appropriate written order and a new due process conference

Any additional days added will be considered as a new assignment New assignments must include the following: A Parent Conference (1) A New Placement Order (2) New Public Education Information Management System (PEIMS) 425 record for behavior violation (3)

Imperative to know your district policy when dealing with corporal punishment Always get parental written permission regardless what district policies say Document, Document, Document!

Restraint should only be used in true emergencies Persons applying restraint must be properly trained Parents of student must immediately be notified Incident must immediately be documented

Its a privilege. Not a right ABCs (Athletics, Band, & Cheerleading) Surviving a legal and/or media-based challenge it is important that: Students have notice of what the rules are; The rules have been approved by the school board; The rules are appropriate, fair, and consistent.

Know where to go Professional Organizations (eg. TASSP) Know who your school attorney is Preventative advice Know what firm your district uses and what is required for you to have authority to contact the lawyer

Walsh, J., Anderson, D., Brown, J., Gallegos, E., & Green, D.A. (2010) Ten things you can do to ensure compliance with the law. Presentation by Walsh, J. 1-10.