STUDENT DISCIPLINE TEXAS STYLE NICHOLE ADAMS

PURPOSE  “Law is designed to empower educators to maintain discipline and an orderly environment”  Orderly & Organized = Positive Classroom Environment = Best Student Learning and Engagement  Best to avoid needing to discipline, but knowing your options/limitations is necessary

DUE PROCESS  Comes from the 5 th and 14 th Amendments  “Due Process” required for deprivation of “life, liberty, or property”  State provides education, so to be deprived of it, “due process” is necessary But under what circumstances??? And to what extent???...

FOR “PROCESS” TO BE “DUE…  Goss vs. Lopez  Action must be taken by the state (not applicable to private entities)  Student has to have been deprived of “liberty” or “property”  Nature of “due process” depends on the severity of the situation  Suspension is deprivation of state provided education

PARAMETERS  Ten days or lesser suspension = informal notice and opportunity of explanation  Meyer vs. Austin I. S. D. (1998) -Due process given to students, not parents  Keough vs. Tate County Board of Edu -Exams missed due to suspension -Courts must defer to school rules

CHAPTER 37: SAFE SCHOOLS  Texas Education Code  Starting to focus on local control (Texas is too diverse for all)  Student Code of Conduct (Def, pg 305)  Moves away from “zero tolerance” (keeping students in school longer, exercise discretion)

STUDENT CODE OF CONDUCT  First part of due process  Must -“give a person of ordinary intelligence a reasonable opportunity to know what is prohibited” -specify factors that will be taken into account for suspension, DAEP or JJAEP -prohibit bullying

TEACHER INITIATED REMOVAL Three ways teachers can remove a student from the classroom: Assistance Discretionary Teacher Removal Mandatory Teacher Removal

SUSPENSION  Anything leading to suspension must be listed in Code of Conduct  Intended to be short term disciplinary action  Limited to three days per offense

EXPULSION  Reserved for serious offenses  Certain offenses require expulsion  Must be granted due process as it is the loss of education

DUE PROCESS FOR EXPLUSION  More serious deprivation, so due process is more serious  Hearing required -Represented by an adult who can give guidance -If expulsion is ordered by board member, must be able to appeal to the board -Student presents evidence and can question witnesses (Johnson vs. Humble I.S.D.)

EMERGENCY ACTIONS  Emergency Expulsion  Emergency Removal to DAEP  Local Discretion

INTERACTION WITH LAW ENFORCEMENT  Notification of Juvenile Board -Must send copy of school order -Must notify police if suspicion of illegal behavior  Law Enforcement must give notice to Super Intendant -Written notice follows -Super must notify staff that interacts with student

CORPORAL PUNISHMENT  In Loco Parentis  Still Legal in Texas -Local Control -No due process  Causby vs. Groveton I.S.D (2005)  Fee vs. Herndon

REFERENCES  Photos:        Walsh, J., Kemerer, F., & Maniotis, L. (2014). The educator’s guide to Texas school law (Eighth Edition). Austin, Texas: University of Texas Press.