william allan kritsonis, phd-regular student disipline-explusion and suspension ppt

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Public School Law Regular Student Discipline Expulsion and Suspension Lecture Notes William Allan Kritsonis, PhD

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About Dr. William Allan KritsonisWILLIAM ALLAN KRITSONIS was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. He was honored by the Texas National Association for Multicultural Education as Professor, Scholar, and Pioneer Publisher for Distinguished Service to Multicultural Research Publishing. The ceremony was held at Texas A&M University-College Station. He was inducted into the prestigious William H. Parker Leadership Academy Hall of Honor. He was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, United Kingdom. Dr. Kritsonis was a Visiting Scholar at Columbia University’s Teacher College in New York, and Visiting Scholar in the School of Education at Stanford University, Palo Alto, California. In May 2015, Dr. Kritsonis participated in the Think Tank on Global Education at the Harvard Graduate School of Education, Cambridge, Massachusetts. The think tank focused on how to help students develop intercultural awareness, knowledge of global issues, and multilingualism. He served on a national think tank appointed by the Secretary of Education in 2012-15 for Providence Rhode Island Schools with sessions conducted at Brown University in the Annenberg Institute for School Reform. In 2013, he was a nominee for the Outstanding Texas Educator Award exemplifying the leadership of John Ben Shepperd for public leadership education, ethics, and public service. He is Founder of National FORUM Journals (Since 1982). Professor Kritsonis is the author of numerous articles as well as author or coauthor of several books. He has served as a teacher, principal, superintendent of schools, director of student teaching and field experiences, professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has considerable experience in chairing PhD dissertations and teaching in doctoral and masters programs in educational leadership and supervision. He has earned the rank as professor at three universities in two states, including successful post-tenure reviews.Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. Dr. William Allan Kritsonis is presently Professor of Educational Leadership at The University of Texas of the Permian Basin in the College of Education within The University of Texas System. He teaches in the MA Principal and Superintendent Certification and preparation programs along with assisting to develop a new doctoral program. He earned his PhD from The University of Iowa, Iowa City, MEd from Seattle Pacific University, and BA from Central Washington University. David E. Herrington, PhDProfessorTexas A&M University-San AntonioSummer 2015

TRANSCRIPT

Page 1: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Public School Law

Regular Student DisciplineExpulsion and Suspension

Lecture Notes

William Allan Kritsonis, PhD

Page 2: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

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 Purpose2. The Meaning of Rules Must Be Clear3. Rules That Relate to Protected Behavior Must

Be Carefully Developed4. Rules That Apply Off Campus Must Be Carefully

Worded and Applied5. Rules Must Be Consistently Enforced

Page 3: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Board of Education v. Rogers, Arkansas v.

McCluskey• Case involved

expelling student for drinking

• School rule did not speak of alcohol, but rule was referred to as “drug use”

• Supreme Court ruled in favor of the school district

• Districts have the right to interpret their own rules

Page 4: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Due Process• Term comes

from the 5th and 14th Amendments of the U.S. Constitution

• 3 Due Process Clauses in the Constitution

1. Action by the state2. State must have been

deprived the individual of “life, liberty, or property”

3. Depends on the severity of the deprivation

Page 5: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Dixon v. Alabama State Board of Education

• 1961 Fifth Court Circuit Ruling

• Students have right to have fair notice of charges against them before being expelled

Page 6: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Goss v. Lopez• Landmark Case• Supreme Court

concluded that due process is required before a student can be suspended from school

• A deprivation of educational services MUST involve due process

Page 7: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Tinker v. Des Moines School District

• Landmark case• Students wore

armbands to protest the Vietnam War

• Students were suspended for the protest

• Supreme Court ruled in favor of the students

• Cannot suspend students due to their beliefs, unless it causes significant disturbance in school

Page 8: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

DAEP• “DAEPs”, which

stands for Disciplinary Alternative Education Programs

• Students assigned to a DAEP, due to misconduct, must be separate from other students

Page 9: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Removal to a DAEP• Student must be assigned to a

DAEP if any of these offenses occur:

1. Any conduct punishable as a felony2. An assault resulting in bodily injury3. A terroristic threat or false alarm4. Certain drug offenses5. Certain alcohol offenses6. Inhalant offenses7. Public lewdness8. Indecent exposure

Page 10: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Chapter 37• Student Code of

Conduct• Follow school

district handbook

• Teacher Initiated Removal of student from classroom

1. Repeatedly interferes with teacher’s ability to communicate with others

2. Behavior is determined unruly, disruptive, or abusive to the learning environment

Page 11: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Suspension• Local school

districts have authority to suspend student

• Under TEC 37.005, suspension is limited to 3 days per offense

• No limit to number of suspensions

• School districts also have authority over in-school suspension thru its code of conduct

Page 12: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Expulsion• Only the most

serious offenses by a student 10 years of age or older can lead to expulsion

• Possession of weapons• Assaultive behaviors• Arson• Murder• Indecency with a child• Aggravated kidnapping• Drug/Alcohol abuse• Retaliation against a

school employee

Page 13: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

Corporal Punishment• Two Things to Remember as an

Administrator1. Don’t do it (not worth the risk)2. Any kind of physical stress is also

corporal punishment

Landmark Case-Ingraham v. WrightCorporal punishment left up to state and

local officials

Page 14: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

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

Page 15: William Allan Kritsonis, PhD-Regular Student Disipline-explusion and Suspension Ppt

ReferencesWalsh, J. & Kemmerer, F. & Maniotis, L. (2005).

The Educator’s Guide to Public School Law. Sixth

Edition. Austin, TX: University of Texas Press.