Michael Windisch Barry University Miami, FL Case 3 Create a scenario that identifies and applies the duties of school administrators governing student’s discipline and school safety per Florida Statutes including zero tolerance, discipline of exceptional students, emergency management plan, and the Student Code of Conduct Michael Windisch Barry University Miami, FL

The Role of Administrators 1. Shaping a vision of academic success for all students 2. Managing people, data, and processes 3. Cultivating leadership in others 4. Improving instruction 5. Creating a climate hospitable to education (wallacefoundation.org, 2013)

Zero Tolerance Policies Refers to school or district-wide policies that mandate predetermined, typically harsh consequences or punishments These policies address: Firearms Weapons Alcohol Drugs Violence Tobacco

The Color of Zero Tolerance Data from the U.S. Department of Education indicates: While only 17% of public school students are African- American, they constitute 32% of outdoor suspensions. The Condition of Education (1997) reveals that 25% of all African-American students are suspended at least once over a four-year period. Zero Tolerance Policies are more likely to exist in predominately black and Latino school districts. (Harvard University, 2000)

Scenario Gavin, a 6th grade student, finds his father’s gun in a drawer at home. He has never seen a real gun before and is very excited to show his friends. He places the gun in his book bag and brings it to school the following day. During science class, a teacher notices the gun while Gavin looks for a book. The principal is notified and decides on a plan of action.

Laws Gun-Free Schools Act of 1994 Goss v Lopez (1975) – Students facing suspensions are entitled to oral or written notice of charges, an explanation of evidence to be used against them, and an opportunity to present their side of the story. (Legal Information Institute, 1992) FL Statute 1006.13 Policy of zero tolerance for crime and victimization

MDCPS Student Code of Conduct When a principal utilizes an alternative to suspension, the student shall be afforded the same due process that are applicable to outdoor suspension, including written notice within 24 hours. An expelled student is entitled to due process, including a formal hearing. Due process is required by Board Policy when the right to attend school is taken away.

Scenario James, an autistic child, does not like the colorful flower pattern of Mrs. Johnson’s dress. This dress pattern is causing James to become distracted and annoyed. Mrs. Johnson notices that James is not completing his assignment and prompts him to answer the questions. He becomes enraged and punches Mrs. Johnson in the face. James is expelled and charged with battery.

Discipline of Exceptional Students Zero Tolerance Policies have had a profound impact on children with special needs. A child that has been identified as having a disability and has an Individualized Educational Program (IEP) has additional protection if he or she is suspended from school.

Laws Individuals with Disabilities Education Act of 1997 (IDEA) Honig v Doe (1988) – Schools may not expel children for behaviors related to their handicaps. Procedural safeguards are designed to protect children and parents. Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania (1971) – The state agreed to provide a free, public education for children with mental disabilities.

Laws (cont.) Mills v. Board of Education (1972) – declared that students with disabilities must be given a public education FL Statute 1006.09 Duties of school principal relating to student discipline and school safety.

Emergency Management Plan The purpose of the plan is to outline the responsibilities and duties of staff members so that they can identify and respond to incidents and hazards. The basic plan outlines an organized, systematic method to mitigate, prevent, prepare, respond, and recover from incidents. Schools without established, emergency management procedures have been found liable for their absence. (FEMA, 2011)

School Site Procedures Code Yellow – Partial Lockdown: A potential known threat exists within the community. Code Red – Full Lockdown: Imminent, proximal threat to students and staff safety exists on campus.

Laws FL Statute 1006.07 District school board duties relating to student discipline and school safety Safe and Drug-Free Schools and Communities Act (2004) (Title IV, part A of the ESEA of 1965 as amended by the No Child Left Behind Act)

Student Code of Conduct A policy that creates a safe learning environment to ensure academic success The document addresses the role of parents, students, and school, but also model student behavior, rights and responsibilities of students, Multi-tiered System of Supports (MTSS), and procedures for using corrective strategies, including suspension and expulsion.

Behaviors and Corrective Strategies Level 1: Disruptive Behaviors Level 2: Seriously Disruptive Behaviors Level 3: Offensive/Harmful Behaviors Level 4: Dangerous or Violent Behaviors

Laws Goss v. Lopez (1975) New Jersey v. T.L.O. (1985) Bethel School District #43 v. Fraser (1987) – Students do not have a First Amendment right to make obscene speeches in schools.

Laws (cont.) The State of Florida Juvenile Justice Reform Act of 1965 requires the School District to link juvenile violent incidents to the action taken by the student’s school and the District. The District is required to collect data about violent incidents involving students during each school year and transmit a report to the state. Certain infractions in the Code of Student Conduct may result in criminal penalties as well as administrative corrective strategies.

Evaluative Instrument Group One: What rights are afforded to a student that may be suspended? See Goss v. Lopez Group Two: What rights are afforded to students that may be punished due to a behavior that is characteristic to their disability? See IDEA and Honig v. Doe Group Three: What rights are afforded to disabled students and those that have a mental age of five years or less? See PARC case and Mills v. Board of Education

References FEMA (2011). FEMA strategic plan. Retrieved from http://www.fema.gov/pdf/about/strategic_plan11.pdf Goss v. Lopez, 419 U.S. 565 (U.S. Supreme Court.1975). Honig v. Doe, 484 U.S. 305 (U.S. Supreme Court.1988) Harvard University (2000). Opportunities suspended: The devastating consequences of zero tolerance and school discipline. Retrieved from http://civilrightsproject.ucla.edu/research/k-12-education/school-discipline/opportunities-suspended-the-devastating-consequences-of-zero-tolerance-and-school-discipline-policies/crp-opportunities-suspended-zero-tolerance-2000.pdf Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.D.C. 1972). Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania, 343 F. Supp. 279 (The United States District Court for the Eastern District of Pennsylvania.1972) Wallace Foundation (2013). The school principal as leader: Guiding schools to better teaching and learning. Retrieved from http://www.wallacefoundation.org/knowledge-center/school-leadership/effective-principal-leadership/Documents/The-School-Principal-as-Leader-Guiding-Schools-to-Better-Teaching-and-Learning-2nd-Ed.pdf