Student Discipline Lawyers

There are approximately 13,500 school districts in the U.S. While their discipline policies are probably similar in many ways, there are also undoubtedly differences. Each state in the U.S. also has its own state board of education or department of education and it is the source of policies regarding student discipline in the state’s schools.

Then there is the federal Department of Education (DOE). The U.S. DOE has its own regulations, rules and advisories regarding student discipline in the nation’s school. The federal DOE is especially concerned with the discipline imposed on students with disabilities and the use of physical restraints and isolation as methods for controlling student behavior.

The U.S. DOE also advises against the use of physical discipline, or “corporal punishment”, for any student. Apparently, corporal punishment is still condoned by policies in some school districts in some states.

Generally, a school has a wide range of disciplinary options that it can exercise depending on the severity of a student’s misconduct. Some of the most common discipline used with students are:

• Detention;
• Suspension;
• Expulsion;
• Transfer.

Keep in mind that different districts and states may not apply disciplinary measures in a uniform manner. In other words, misconduct that might earn a student a suspension in one district could earn a student an expulsion in another.

Laws and policies differ greatly be region. For example, in Illinois, teachers, other school employees and any other adult who provides a service to a student is responsible for maintaining discipline in the schools. They are considered to stand in the same relation to students as do their parents and guardians. This applies to all athletic and extracurricular programs, and their authority may be exercised at any time for the safety and supervision of the pupils in the absence of their parents or guardians.

In Illinois, while physical force can be used if warranted, the law expressly forbids slapping, paddling or making a student maintain a physically painful position for a lengthy period. And school personnel are expressly forbidden to intentionally inflict bodily harm on a student.

In Texas, state law expressly allows corporal punishment. If the board of trustees of a school district adopts a policy permitting corporal punishment, a district educator may use corporal punishment to discipline a student. A student’s parents or guardians have the right to submit a signed, written statement prohibiting the use of corporal punishment with their child.

What Is Detention?

Detention occurs when a student is made to remain after school for a period of time as a disciplinary measure. The rules governing detention vary according to school district, but most districts have certain restrictions on how severe detention can be. These restrictions may include:

• Students must be allowed to take bathroom breaks;
• Students must be under the supervision of a certified teacher during detention;
• There is a limit on how long detention can last. It would usually range from 20 to 30 minutes;
• Some districts may require that students be given the opportunity to serve detention on a weekend instead of a school day;
• Parents must be notified that their child will be in detention, so that transportation or other arrangements can be made for the student to get home.

What Is Suspension?

Suspension is a form of student discipline in which the student must stay out of school for a period of time, usually a matter of days. Or, the suspension may be an “in-school” suspension, in which the student attends school but is not allowed to attend their regular classes.

The rules governing suspension vary by state and school district, but there are some basic rights and requirements that are common to most local rules regarding suspension:

• There is usually a limit on how long a student can be suspended. If the suspension exceeds that limit, it may be considered an expulsion instead;
• Many schools require that the student’s parents meet with a school principal to discuss the suspension;
• Before being suspended, the student has a right to an informal meeting during which they can present evidence in their own defense and argue against their suspension. There is an exception to this requirement if the suspension is made in an emergency situation when the student presents a danger to staff or other students.

Schools can also suspend students for misbehavior that occurs off school grounds, such as at a school activity, e.g. while on a field trip, on the way to or from school or when they present a threat of harm to themselves or others in the school, or to school property.

What Is Expulsion?

Expulsion is a form of student discipline in which the student is deprived of their right to attend school for a specified period of time. Just like detention and suspension, the rules regarding expulsion depend on the school district. Some of the common grounds for expulsion are:

• There must be a good reason for the expulsion;
• The student has the right to a meeting with the principal at which they can present evidence on their own behalf. After the meeting the principal decides on the proper disciplinary action and communicates their decision to the district superintendent;
• The student should have the opportunity to appeal the decision.

State regulations regarding who has the authority to expel a student vary, of course. For example, in Maine, school boards have the authority to suspend students and may do so after an investigation and due process proceedings. Students in Maine can be suspended for deliberately disobedient or disorderly conduct, violence, possession of firearms or dangerous weapons, use of a weapon or possession or trafficking in drugs. In other states, the superintendent of a school district has the authority to suspend students.

Again, the reasons for which a student might be suspended are going to differ from district to district and state to state, but some of the usual examples are as follows:

• Inflicting injury on someone, or attempting or threatening to do so;
• Possessing a gun, knife or other dangerous object, or giving someone else such an item;
• Possessing, using, or being under the influence of alcohol or illegal drugs, or supplying them to another student;
• Harassing other students;
• Bullying other students, which includes cyberbullying;
• Stealing from another person in the school or rom the school itself;
• Damaging property, or attempting to damage property of another;
• Engaging in obscene acts;
• Repeatedly disrupting school activities;
• Continually disobeying or defying teachers or other school officials.

Some states do not itemize the type of misconduct that can lead to suspension. Rather they allow schools to expel students for any kind of conduct that can be considered “good cause.”

In Maryland, the State Board of Education regulation states that a student must be expelled for at least 1 year if the student brings a firearm onto school property or to a school-sponsored event or activity. The regulations do give a school superintendent the authority to reduce the period of suspension or to assign the student to an alternative educational setting in lieu of suspension.

Expulsion has been increasingly criticized in recent years. For example, the New Jersey State Board of Education held that students under the age of 20 who are expelled from school are entitled to an alternative education program, because students suffer irreparable harm when their education is disrupted.

New Jersey adopted statewide discipline regulations in 2005. They are designed to ensure that students have due process rights in connection with discipline. The regulations also emphasize that prevention and intervention should be used before a student is removed from school. New Jersey’s regulations also require provision of educational services within five days of removal from school, and restrict the use of expulsion as punishment.

What Is a Transfer?

Sometimes, the situation may justify transferring a student who is suspended or expelled to another school. The student may be transferred to a different regular school, or the student’s record of misconduct and other issues may justify a transfer to an alternative education program.

Should I Contact a Lawyer?

If you believe that your child has been improperly disciplined, you may want to consult with a government lawyer. A lawyer will be able to tell you more about the rules regarding discipline in your school district and state. They can investigate the event and determine if all applicable laws, rules and regulations were followed in your child’s case. They can represent you at a meeting with the school administration, or any other hearing or proceeding that may be involved, if necessary.