1. Chapter 4 Due Process & Student Safety

2. Increased concern for safety across the nation after 9/11 No Child Left Behind assures schools “plans” are on file regarding maintenance of safe & drug free environments Homeland Security

3. NSCC guidelines for safe schools: 1.Identify context in which academic learning should take place in school mission statement. (ie: “to learn in a safe and secure environment free of violence, drugs…”) 2.Identify procedure for dealing with threats. 3.Identify potential disasters in your school. (ie: intruders, assault, weapons, kidnappings, child abuse, accidental death, natural disasters…)

4. 4.Control campus access. 5.Identify roles and responsibilities. 6.Identify who to call in a crisis. 7.Provide training for all. 8.Establish and emergency communication system. 9.Implement uniform reporting/record- keeping system. NSCC guidelines for safe schools cont.

5. Handling GANG violence 1.Ensure that school personnel have knowledge of gang identification and management techniques. 2.Establish policies and procedures to address gang violence at school. 3.Implement a system to report suspected gang involvement/activity. 4.May need to ban dress related to gang activity.

6. School Uniforms 1.Involve the community in drafting. 2.Make certain student religious expressions are preserved. 3.Make certain student rights of expression are preserved within reasonable limits. 4.Make financial provisions for economically disadvantaged students. 5.Enforce policies fairly and consistently. 6.Implement as a component of an overall school safety program. 7.Present drafts to legal counsel for review. 8.Review and revise as needed.

7. Zero Tolerance 1.Do not use solely to rid of disruptive students. 2.Involve community in formation of policies regarding zero tolerance. 3.Recognize that students have constitutional rights while drafting. 4.Do not move too swiftly with an assumption that it will be a “cure-all” for student mis-conduct. 5.Upon expulsion of a student, seek alternative educational opportunities. 6.Consider student history, seriousness of offense, and immediate need to act before punishment. 7.Follow due process in all manners.

8. Suspension 1.Give adequate notice of policies regarding suspension. 2.Compile a record of information. (Include: description, time, and place of infraction, witnesses, and previous efforts to remedy behavior) 3.Provide some type of hearing preceded by notification of such. 4.Provide written or oral notice of charges (Include evidence and opportunity to refute charges). 5.No delay is necessary between notice and hearing. 6.Listen to all sides of the issue during the hearing. Students should be allowed to present their side without interruption. 7.Provide written notification of the actions from the hearing to the parents/guardians (Include: charges, evidence, number of days of suspension, ISS or OSS, conditions for return to school, statement that suspension can be appealed if desired.) 8.Inform parents/guardians by phone immediately. Follow with written notification promptly.

9. Expulsion **These steps will meet the standards of due process if implemented correctly.** 1.Inform student(s), parents/guardians based on school policy of infractions that may result in expulsion. 2.Student is entitled to written notice of the charges and a right to a fair trial. Written notice must be furnished well in advance of the actual hearing. 3.The following procedural steps should be considered (at the minimum): 1. Written notice of charges, 2. Right to a fair hearing, 3. Right to inspect evidence, 4. Right to present evidence on student’s behalf, 5. Right to legal counsel, 6. Right to call witnesses, 7. Right to cross-examine, 8. Right against self- incrimination, 9. Right to appeal.

10. Metal Detectors & Drug Testing Metal detectors should be used only when there is evidence of student behavior that poses threat to student health and safety. Drug testing by schools has been deemed legal in the Supreme court pending it is part of the school’s district-wide program on drug education and prevention and is in the district’s interest in combating drug abuse.