/
Red Flag Issues in Student Discipline Red Flag Issues in Student Discipline

Red Flag Issues in Student Discipline - PowerPoint Presentation

calandra-battersby
calandra-battersby . @calandra-battersby
Follow
427 views
Uploaded On 2017-04-20

Red Flag Issues in Student Discipline - PPT Presentation

Rick Boothby Esq Kids Strong Conference 2013 945 1045 am DISCLAIMER Today we are necessarily speaking in generalities rather than specifics The information provided is not legal advice ID: 539699

student school notice list school student list notice education hearing ten parents top suspension students principal barnes special expulsion

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Red Flag Issues in Student Discipline" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Red Flag Issues in Student Discipline

Rick Boothby, Esq.

Kids Strong Conference 2013 9:45 – 10:45 a.m.Slide2

DISCLAIMER

Today we are necessarily speaking in generalities rather than specifics

The information provided is not legal advice

Information in this presentation may quickly become outdated

Always research original sources of authority and update this information to ensure accuracy when dealing with a specific matter

Do not act or rely upon the information contained in this presentation without seeking the advice of an attorneySlide3

E-UpdatesSlide4

E-Newsletter Mailing List

E-Newsletter Mailing List

Send an email to Sarah

Plantz

:

splantz@bowlesrice.com

Tell Sarah:

Who you are

Your position in public education

Your school board’s name

That you want to receive the E-NewsletterSlide5

Limitations

We only have 1 hour together

We

do not have sufficient time to cover

any of these subjects in depth

Issue spotting is our goal

i.e., knowing

when something is, or is not, an

issueSlide6

Our Goal Today

Issue Spotting

Review of procedural

rules related to processing a student suspension and/or expulsion

.

Review

separate set of student discipline rules that apply to special education students.

To better understand how the Courts view student discipline mattersSlide7

Your Questions

Please interrupt me with your questionsSlide8

Survey of Audience

Number of ______ in the room today

Classroom Aides?

Teachers?

Principals/Assistant Principals?

Central Office Administrators?

Other?Slide9

The Law

Safe Schools Act, WV Code 18A-5-

1a

WV

SBOE

Policy 4373 (and your county Student Code of Conduct policy)

WV

SBOE

Policy

2419

U.S. & WV Constitution (Due Process)Slide10

An Incident is Reported to You

What do you do?

Investigation

Informal Hearing

Notices to Parents

Notices to OthersSlide11

Investigations

Witness interviews

Witness statements (written)

Searches of students and their property

Reports: just the factsSlide12

Informal Hearing

Conducted by principal immediately after he/she determines alleged acts of student would be grounds for suspension

Exceptions

Telephonic notice to parents (if possible) before informal hearing begins

Statement of the charges

Chance for student to admit or deny

Explanation of the evidence against student

Chance for student to give his/her version of the factsSlide13

Penalty less than suspension

In-school suspension

Denial

of

privileges

Confiscation of inappropriate personal propertySlide14

Written Notice to Parents

If principal decides to impose suspension:

SAME DAY written notice to parents by U.S. Mail

Should include the length of suspension imposed and the reasons therefore

Should include the specific

p

olicy and/or

s

tatute violated by student

Should include whether principal is seeking expulsion as wellSlide15

Notice to Others

If principal decides to impose suspension

:

Notice

to County Superintendent (timing is somewhat unclear

)

Notice to Faculty Senate at its next meeting after the

suspension

WVEIS

entry must be made within 24 hoursSlide16

Suspensions

10-day OSS, maximum penalty a principal can impose

School boards may impose longer OSS

Round about way of doing this

At the conclusion of an expulsion hearing, long suspensions may be imposed by the Board instead of expulsion (depending on the circumstances)Slide17

Expulsions

Mandatory (shall)

Sort of

JM

v. Webster County BOE

Permissive (may)Slide18

Principal Board

OFFENSE

SUB-SECTION

SHALL SUSPEND

MAY SUSPEND

SHALL EXPEL

MAY EXPEL

Battery of a School Employee

(a)

 

 

Weapons at School

(a)

 

 

Sale of Narcotics

(a)

 

 

Felony

(b)

 

 

Possess Controlled Substance

(b)

 

 

Threat to Injure

(c)

 

 

Willful Disobedience

(c)

 

 

Possess Alcohol

(c)

 

 

Profane Language

(c)

 

 

Deface Property

(c)

 

 

Physical Altercation

(c)

 

 

Habitual Violation of Rules

(c)

 

 

■Slide19

Expulsions

Written notice to parents regarding hearing

Date/time of hearing (10-day rule)

Charges against student

Recommendation that will be made at hearing regarding expulsion

Dangerous student?

Description of evidence Slide20

Expulsions

Hearing before the Board of Education

Within the suspension period (10 school days)

Continuances

At request of student for good cause (student remains suspended)

N

o continuances for school system except:

Proceedings to obtain a requested subpoena

Delay in service of subpoena to witness

Must be recorded by mechanical means unless court reporter

Subpoenas: superintendent may apply to circuit court

Proof: by a preponderance of the evidenceSlide21

Expulsions

Hearing before the Board of Education

Right to face accusers? Not exactly

Right to cross examine witnesses against him/her

Might only be administrators recounting what student witnesses told them

Some debate about this

Right to be represented by counsel (at their own expense of course)

Right to call witnesses and introduce evidenceSlide22

Expulsions

Calendar

year

expulsion (365)

Three deadly sins

Sale of narcotic

Battery of a school employee

Deadly weapon possession

School year expulsion

Much longer list of offenses

Suspension for number of days beyond initial 10 daysSlide23

Expulsions

Alternative Education

The

mandatory requirements of a

“thorough

and efficient system of free

schools” is found

in Article XII, Section 1 of the West Virginia

Constitution

Education is a fundamental constitutional

right in

WV, even if you are expelled

Dangerous Student Exception, rarely invoked

AE need not duplicate what is provided in the regular school environmentSlide24

Appeals

Circuit Court

Federal Court

Office for Civil Rights (discrimination)Slide25

Special Education Students

A different set of rules altogether

Change of placement rules

As yet unidentified students

Manifestation DeterminationSlide26

Special Education Students

Manifestation Determination

Whenever

considering disciplinary action that will result in a

change of placement

, the district must:

Provide

same day written notice of the removal,

PWN

, and the procedural safeguards notice to the parent/adult student of the disciplinary action to be taken; andSlide27

Special Education Students

Within

ten school days of any decision to change placement, meet with the parent and relevant members of the

IEP

Team (as determined by the parent and district) to conduct a manifestation determination by reviewing all pertinent information in the student’s file, including the student’s

IEP

, any teacher observations, and any relevant information provided by the parents to determine:

If

the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability; or

If

the conduct in question was the direct result of the district’s failure to implement the

IEP

.Slide28

Special Education Students

45-day

IAES

placement regardless of MD for

Carries or possesses a weapon at school, on school premises or at a school function; or

Knowingly possesses, carries, or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function; or

Inflicts serious bodily injury to another person at school, on school premises, or at a school function. Slide29

Special Education Students

IAES

: no one size fits all, consider

IEP

& related services, needs of child, etc.

Continued provision of

IEP

services in alternative environment

Due Process Complaints, appeals to federal courtsSlide30

The Courts

West Virginia Supreme Court of Appeals

J.M

. v. Webster County BOE (2000)

Very important case

Unusual facts

The roles of principal, superintendent and BoardSlide31

The Courts

Barnes

v.

Zaccari

 

student

Haden Barnes' protest of Valdosta State's decision to build two parking structures.  The protest consisted of a collage of photographs posted on Facebook, distribution of flyers voicing objection to the parking garages, and emails to President Ronald

Zaccari

and board members. 

President

ordered Barnes "administratively withdrawn" from the school on the grounds Barnes represented a "clear and present danger."  

No

notice, other than the notice of dismissal, was provided.  Nor was there an opportunity to be heard. Slide32

The Courts

Barnes

v.

Zaccari

 

In

September 2010, the court granted

Barnes partial

summary judgment finding President

Zaccari

had failed to provide due

process to Barnes.

In

February 2012, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded.  

Upon

remand and trial, a jury found the president

personally liable for $50,000

on February

1, 2013 ! Slide33

Top Ten List

10. Get it in writing

Signed and dated statementsSlide34

Top Ten List

9. All administrators need a digital camera (or good camera phone)Slide35

Top Ten List

8

. Separate witnesses before asking questions or making any statements

No group interviewsSlide36

Top Ten List

7

. Forms, forms, and more forms

Saves time

Cops use them, courts use them, insurance companies use them

Wouldn’t you like to use forms too?Slide37

Top Ten List

6

. Know the charge

Not every bad act violates the Student Code of Conduct/Safe Schools Act

Be able to cite chapter and verse Slide38

Top Ten List

5

. Informal hearing with prior notice to parents

Invite parents to attend

Invite parents to participate by phone

Provide reasonable delay to give parents time to participate

But don’t put parents in the driver’s seat

Remember who is in chargeSlide39

Top Ten List

4

. Do not use school resource officers as administrators

Serious 4

th

Amendment Issues

N.C

. v. Kentucky

, No. 2011-SC-000271 (

Ky

.

Apr

. 25, 2013)

Does not apply in WV . . . Yet

H

igh

school

student

detained in the school office for questioning by an assistant principal regarding giving prescription drugs to a

classmate

school

resource

officer present during questioning

RULING: Student was

entitled to

Miranda

warnings before the school official began the questioning. Slide40

Top Ten List

3

. Always determine whether the student has an

IEP

or has been referred for special education BEFORE imposing disciplineSlide41

Top Ten List

2

. If the student has a lawyer at the Board hearing, the school system needs to have a lawyer there too

Require advanced notice if student will be represented by counselSlide42

Top Ten List

1. Nice guys and gals finish lastSlide43

Remaining QuestionsSlide44

Red Flag Issues in Student Discipline

Rick Boothby, Esq.

Kids Strong Conference 2013 9:45 – 10:45 a.m.