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Student Discipline Task Force

Student Discipline Task Force. Bakersfield City School District April 2011. Q. May a student be excluded from school for discipline reasons?. No. Student exclusion from compulsory school attendance is limited to a student being underage or due to specific health issues.

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Student Discipline Task Force

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  1. Student Discipline Task Force Bakersfield City School District April 2011

  2. Q. May a student be excluded from school for discipline reasons? No. Student exclusion from compulsory school attendance is limited to a student being underage or due to specific health issues. The U.S. Constitution prohibits a student from being deprived of an education without the use of specific fair procedures.

  3. Q. What types of student behavior are prohibited by law and the District Discipline Code? A. Weapons, drugs, most forms of hurting others, and damaging/taking property.

  4. Q. May a student be suspended any time they engage in misconduct? Generally no. Suspension shall be imposed only when other means of correction fail to bring about proper conduct (Education Code Section 48900.5). There are some exceptions on which suspension may be imposed upon a first offense.

  5. Q. Does the name of the misconduct or offense determine the discipline consequences? A. No. The system used in the law and tracked in the Discipline Code organizes misconduct by general categories. Within a single act of misconduct, behavior may range from severe to not warranting disciplinary action. Fact finding and judgment, on a case-by-case basis, is required. Applying legal definitions of the misconduct can be very helpful.

  6. Q. May a student be suspended for acts which physically occurred outside his/her home? A. Generally no. A pupil shall not be suspended or expelled except for acts listed in Education Code Section 48900, to include acts committed: (1) while on school grounds; (2) while going to or coming from school; (3) during the lunch period whether on or off the campus; and (4) during, or while going to or coming from, a school sponsored activity. (Education Code Section 48900 (s)).

  7. Q. May a student be suspended or expelled based on a belief s/he engaged in misconduct? A. No. A pupil shall not be suspended from school or recommended for expulsion, unless the school principal or principal’s designee of the school in which the pupil is enrolled determines that the pupil has committed an act as defined in law (Education Code Section 48900)(emphasis added).

  8. Q. What are the minimum steps that must be taken to suspend a student? To expel a student? Suspension • Investigation/Fact Finding/Determination. • Conference to inform student of the reason for disciplinary action, evidence against student, the opportunity for student to present his/her version and evidence in support of his/her defense. • Conforming parent written notice and opportunity for conference. Expel next side

  9. Expel : Minimum Steps Continued All suspension rights. Entitled to a timely hearing. Right to receive a conforming written notice to include: • Statement of the specific facts, charges, and offense; • Copy of disciplinary rules related to alleged violation; • Opportunity to appear, be represented legal counsel/advisor; • Right to inspect and obtain copies of all documents to be used at hearing; • Opportunity to question all evidence and witnesses; and • Right to present oral and documentary evidence on the student's behalf. District must write finding of fact based solely on the evidence. Governing board must act to expel at a public meeting. Conforming written notice of the decision to expel must be provided Notice of right to file an appeal of the expulsion decision.

  10. Q. May a governing board’s decision to expel a student be overturned? A. Yes. If a parent/attorney appeals the expulsion decision, the County Board of Education may reverse the decision if the school district has failed to follow student discipline laws.

  11. Q. May a student be searched on the basis of a hunch s/he has contraband? A. No, the principal/designee must have a reasonable suspicion the possesses contraband.

  12. Q. May a student be disciplined for wearing a message button? A. Not unless the content of the message falls into a prohibited area.

  13. Q. May a student be disciplined for failing to stand or say the pledge of allegiance? A. No, the U.S. Supreme Court determined children cannot be required to salute the flag and give a pledge of allegiance.

  14. Q. May a school district and/or employee be subject to consequences for failing to follow student discipline laws? A. Yes, a source of liability includes claims for violations of statutes. The size and range of potential consequences is significant.

  15. Q. May a parent be subject to consequences for student misconduct? A. Yes. A parent may be held liable for damages resulting in the injury or the death of a pupil, school district employee, or volunteer. This liability also extends to damages to private school and personal property.

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