DOCSLIB.ORG

Expulsion Defense Manual

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Expulsion Defense Manual Defending Students in Expulsion Proceedings A Manual for Pro Bono Attorneys in CA Talia Kraemer & Zabrina Aleguire 12/21/2015 This manual is intended to provide comprehensive guidance for attorneys defending students facing suspension and expulsion in California, including discussion of protections for students with disabilities. Special thanks to Cory Isaacson of East Bay Community Law Center’s Youth Defender Clinic and attorneys from Nixon Peabody LLP for their detailed edits. Thanks also to Oakland Unified School District for authorizing distribution of its disciplinary hearing script, to the Disability Rights Education and Defense Fund for use of sample materials, and to Disability Rights California and CASE for access to their Special Education Rights and Responsibilities manual. Defending Students in Expulsion Proceedings Table of Contents INTRODUCTION ..................................................................................................................................................... 1 Representing Students: The Attorney’s Role ......................................................................................... 1 Child Is Your Client ..................................................................................................................................... 1 Communication and Confidentiality .................................................................................................... 1 Overview of Suspension and Expulsion .................................................................................................. 2 PART ONE: SCHOOL DISCIPLINE LAW AND PROCEDURE .................................................................. 4 I. Offenses for Which Students Can Be Suspended or Expelled..................................................... 4 A. Grounds for Suspension and Expulsion ......................................................................................... 4 B. Limits on Offenses that Can Be Grounds for Discipline ........................................................... 4 C. Discretionary versus Mandatory Suspension and Expulsion ................................................ 5 1. Discretionary Offenses (§ 48915(e), § 48900(v)) ................................................................. 5 2. Medium-Discretion Offenses (§ 48915(a)) .............................................................................. 5 3. Mandatory Expulsion (“Zero Tolerance”) Offenses (§ 48915(c)) ................................... 6 D. Offense “Related to School Activity or School Attendance” ................................................... 6 II. Suspension Process .................................................................................................................................... 7 A. Limits on Use of Suspension ............................................................................................................... 7 B. Procedures the School Must Follow ................................................................................................ 8 C. Time Limits ............................................................................................................................................... 9 D. Extension-of-suspension .................................................................................................................. 10 E. Redress for Suspension ..................................................................................................................... 11 III. Expulsion Process .................................................................................................................................... 11 A. Authority to Expel ............................................................................................................................... 11 B. What the School Must Prove ........................................................................................................... 12 C. Procedural Requirements for Expulsion Cases ........................................................................ 13 1. Right to a Timely Hearing ............................................................................................................ 13 2. Right to a Postponement .............................................................................................................. 13 3. Right to Notice of the Hearing .................................................................................................... 14 4. Right to Translation / Interpreter ............................................................................................ 14 5. Right to an Impartial Decision-Maker ..................................................................................... 15 i | ©Legal Services for Children, 2015. Please do not distribute without permission. 6. Right to Representation at the Hearing .................................................................................. 15 7. Right to Inspect and Present Evidence ................................................................................... 15 8. Right to a Timely Resolution ...................................................................................................... 15 9. Right to Notice of Expulsion Order .......................................................................................... 16 10. Right to a Record ........................................................................................................................ 16 11. Right to Appeal ............................................................................................................................ 16 D. Evidentiary Rules in Expulsion Proceedings ............................................................................ 16 1. Rules of Evidence ............................................................................................................................ 16 2. Hearsay ............................................................................................................................................... 16 3. Evidence in Specific Circumstances ......................................................................................... 17 E. Potential Outcomes in Expulsion Proceedings ......................................................................... 18 1. No Expulsion Recommendation ................................................................................................ 18 2. Expulsion ............................................................................................................................................ 19 3. Suspended Expulsion .................................................................................................................... 19 IV. Expulsion Appeals .................................................................................................................................... 20 A. Timeline for appeals ........................................................................................................................... 20 B. Grounds for appeal .............................................................................................................................. 20 1. Lack of Jurisdiction ......................................................................................................................... 20 2. Fair Hearing ...................................................................................................................................... 21 3. Abuse of Discretion ........................................................................................................................ 21 4. Relevant and Material Evidence ................................................................................................ 21 C. Appellate procedures ......................................................................................................................... 21 D. Submission to the County Board ................................................................................................... 22 E. Filing a Complaint / Suing the District ........................................................................................ 22 F. Office for Civil Rights Complaint .................................................................................................... 23 V. Protections for Students with Special Education Needs ........................................................... 23 A. Student with an Individualized Education Plan (IEP) ........................................................... 24 1. Special Education under the IDEA ............................................................................................ 24 2. Special Protections for Students with IEPs ........................................................................... 25 3. Suspensions of 10 Days or Less ................................................................................................. 26 4. Educational Services during Disciplinary Proceedings .................................................... 26 B. Students with Unidentified Special Education Needs ........................................................... 27 1. School District “Has Knowledge” of the Student’s Needs ................................................ 27 2. School District Lacked Knowledge of the Student’s Needs ............................................. 27 ii | ©Legal Services for Children, 2015. Please do not distribute without permission. C. Students with
Load more

Recommended publications
  • Rowansom Student Handbook Regarding the Rowansom Student Code of Conduct and Adhere to the Code of Ethics of the American Osteopathic Association
    STUDENT HANDBOOK Go to Table of Contents Stratford, NJ 08084-1501 856-566-6000 https://som.rowan.edu/ August 2021 1 Acknowledgements Preparation of this Student Handbook was made possible through the cooperation of the offices of all divisions of Academic Affairs, Academic Technology, the Dean’s Office, Graduate Medical Education, and Student Financial Aid. The Student Handbook is informational only and does not constitute a contract between Rowan University School of Osteopathic Medicine and any student. It may be changed by RowanSOM without prior notice to students. Any rules, regulations, policies, procedures or other representations made herein may be interpreted and applied by RowanSOM to promote fairness and academic excellence, based on the circumstances of each individual situation. When modifications of the Student Handbook occur, students will be notified by email. It is each student’s responsibility to check their RowanSOM email on a daily basis and keep abreast of all notifications from RowanSOM. 2 Table of Contents MISSION STATEMENT ................................................................................................................................................. 8 ROWAN UNIVERSITY MISSION ............................................................................................................................................. 8 ROWANSOM MISSION, VISION, ESSENTIAL, VALUES & GUIDING PRINCIPLES ...................................................................... 8 OSTEOPATHIC MEDICINE ...........................................................................................................................................
    [Show full text]
  • Sample School Board Policy Prohibition Against Bullying
    Louisiana Department of Education Office of Student Programs July 2012 Sample School Board Policy Prohibition Against Bullying The _______________School District believes that all students have a right to a safe and healthy school environment. All schools within the district have an obligation to promote mutual respect, tolerance, and acceptance among students, staff, and volunteers. Behavior that infringes on the safety of any student will not be tolerated. A student shall not bully or intimidate any student through words or actions. Such behavior includes, but is not limited to direct physical contact, verbal assaults, the use of electronic methods, and social isolation and/or manipulation. The school district policy prohibiting bullying is included in the student code of conduct and includes but is not limited to the following: • Any student who engages in bullying will be subject to disciplinary action up to and including expulsion. • Students are expected to immediately report incidents of bullying to the principal or designee. • School staff and/or administrators will promptly investigate each complaint of bullying in a thorough and confidential manner. • If the complainant student or parent of the student feels that appropriate resolution of the investigation or complaint has not been reached after consulting the school principal, the student or the parent of the student should contact the local superintendent or his or her designee. • The school system prohibits retaliatory behavior against any complainant or any participant in the complaint process. All students and/or staff shall immediately report incidents of bullying, harassment or intimidation to the school principal or designee. School staff members are expected to immediately intervene when they see a bullying incident occur.
    [Show full text]
  • Amicus Brief Filed in This Very Case, Inflexible Punishment for Speech Does Not Make Schools Safer
    No. 20-255 IN THE Supreme Court of the United States MAHANOY AREA SCHOOL DISTRICT, Petitioner, v. B.L., A MINOR, BY AND THROUGH HER FATHER LAWRENCE LEVY AND HER MOTHER BETTY LOU LEVY, Respondents. On Writ of Certiorari to the United States Court of Appeals for the Third Circuit BRIEF OF SCHOOL DISCIPLINE PROFESSORS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS GABRIEL ROTTMAN RICHARD W. MARK JENNIFER A. NELSON Counsel of Record IAN C. KALISH ANNE CHAMPION THE UNIVERSITY OF VIRGINIA LEE R. CRAIN SCHOOL OF LAW AMANDA L. LESAVAGE FIRST AMENDMENT CLINIC GIBSON, DUNN & CRUTCHER LLP 580 Massie Road 200 Park Avenue Charlottesville, VA 22903 New York, NY 10166 (434) 924-7354 (212) 351-3818 [email protected] Counsel for Amici Curiae i TABLE OF CONTENTS Page INTEREST OF AMICI CURIAE ................................ 1 INTRODUCTION AND SUMMARY OF ARGUMENT ......................................................... 1 ARGUMENT ............................................................... 5 I. Punitive Approaches To Bullying Are Ineffective And Harmful To Students. .......... 5 A. Punishment-Based Policies Do Not Alleviate Bullying or Harassment in Schools. ................................................. 5 B. Punishing Students For Speech Actively Harms Their Educational Experiences and Long-Term Prospects. ....................... 9 1. Zero-Tolerance Systems Adversely Affect Students’ Educational Experiences and Make Children More Likely to Struggle Long Term. ........ 10 2. Using Exclusionary Anti-Bullying Policies Disproportionately Harms Students
    [Show full text]
  • Assessing the Role of School Discipline in Disproportionate Minority Contact with the Juvenile Justice System: Final Technical Report Author(S): Miner P
    The author(s) shown below used Federal funding provided by the U.S. Department of Justice to prepare the following resource: Document Title: Assessing the Role of School Discipline in Disproportionate Minority Contact with the Juvenile Justice System: Final Technical Report Author(s): Miner P. Marchbanks III, Jamilia J. Blake Document Number: 252059 Date Received: August 2018 Award Number: 2012-JF-FX-4064 This resource has not been published by the U.S. Department of Justice. This resource is being made publically available through the Office of Justice Programs’ National Criminal Justice Reference Service. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Assessing the Role of School Discipline in Disproportionate Minority Contact with the Juvenile Justice System: Final Technical Report Miner P. Marchbanks III Jamilia J. Blake Texas A&M University Report prepared for Grant #2012-JF-FX-4064 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this report are those of the authors and do not necessarily reflect those of the Department of Justice. This resource was prepared by the author(s) using Federal funds provided by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Contents ACKNOWLEDGEMENTS............................................................................................................ 3 ABSTRACT.................................................................................................................................... 4 EXECUTIVE SUMMARY ...........................................................................................................
    [Show full text]
  • 2018-2019 Student Parent Handbook.Compressed.Pdf
    C H OLI IGH TH S A C C H L O A O R L T N E C a a i atri P eo et P n ro D a Pi lv tts sy burgh, Penn 2018-2019 Mission Statement Central Catholic High School, college preparatory Catholic school for boys, is guided by the educational principles of Saint John Baptist de La Salle. The school strives to provide a challenging, relevant, and diverse program of studies and extracurricular activities in an environment that fosters a life of faith and scholarship and develops leaders rooted in the Gospel values of integrity, respect, service, justice and peace. Prayer of a Lasallian Father in heaven, God of love, all I have and am is yours. Grant that I may become a living sign of your compassion in this world. Grant me the faith to live my life, always in the awareness of your loving presence. Grant me zeal to serve without thought of reward, those to whom you send me. Grant me charity to bear the burdens of my brothers and sisters. Teach me to seek your Son’s face, in the last, the lost, and the least. In whatever I undertake, may I seek above all things, to procure your glory, as far as I am able, and as you will require of me. Strengthen me by your Holy Spirit, to follow Jesus by living the commitment I make this day. Amen . I will continue, O my God, to do all my actions for the love of you. St. John Baptiste de la Salle, pray for us.
    [Show full text]
  • Juvenile Justice Gone Awry: Expulsion Statutes Unjustly Deny Educational Rights to Students
    JUVENILE JUSTICE GONE AWRY: EXPULSION STATUTES UNJUSTLY DENY EDUCATIONAL RIGHTS TO STUDENTS Anthony H. Mansfieldt Howard, a seventeen year old senior, had sold cocaine to under- cover officers on three occasions. Two to three weeks following the last incident, the officers arrested Howard while he was at school. Approxi- mately one month after the incident, Howard was expelled from school. None of the sales were alleged to have occurred on school property or at a school sponsored event.' Jane Doe was expelled from school based on her admission that she was in possession of a lipstick case containing a one and one-quarter inch blade. The school became aware of the blade when they noticed bandages on Doe's wrist which were present because she had attempted suicide. Another student had told the teacher that Doe should show the lipstick knife. Upon doing so, Doe was suspended and a hearing was held which determined that she should be expelled.2 I. INTRODUCTION "Between 1985 and 1991, arrest rates for criminal homicide increased 140% among thirteen- and fourteen-year-old males, 217% among fifteen-year-old males, 158% among sixteen-year-old males, and 121% among seventeen-year-old males." 3 Unfortu- nately, this violence has permeated the nation's public schools, se- verely impacting a child's access to public education. It is estimated that as many as fifty young people lose their lives each year in school-related violence.4 This has resulted in ap- t Candidate for J.D., 1996, City University of New York School of Law; M.S.W., 1993, Boston University School of Social Work; B.A., 1991, Westfield State College.
    [Show full text]
  • Best Practices: Alternatives to Zero Tolerance
    By: Juliana Rosa Research and Evaluation Specialist, Expelled and At-Risk Student Services Kathleen Keelan Senior Educational Consultant, Expelled and At-Risk Student Services Janelle Krueger Program Manager, Expelled and At-Risk Student Services November 2015 Office of Dropout Prevention and Student Re-engagement 201 E. Colfax Ave., Denver, CO 80203 [email protected] 2 Expulsions and Suspensions Academic Outcomes Systematic Outcomes School to Prison Pipeline Disproportionate Disciplinary Practices School Wide Prevention and Universal Interventions Individual Student-Focused Alternatives School and Community Collaborations Increase Awareness Understand the Problem- One size does not fit all Actions of Last Resort Develop a Diverse Discipline Team Consider Several Solutions Reconnect Promote Cultural Competency Examine Current School Policies Set Clear Policies Cap Discipline Days Provide Training Contact for Behavioral Incident BEST PRACTICES 3 Zero tolerance school policies typically refer to disciplinary policies which include predetermined consequences such as expulsions, suspensions, and referrals to law enforcement for specific offenses such as possession of firearms or other weapons, drug violations, or violent behaviors. In 2012, Colorado House Bill 12-1345 was passed which eliminated zero tolerance policies in the state. The bill eliminated mandatory expulsions for drugs, weapons (except firearms), assaults, and robbery. The bill also promoted use of alternatives to discipline to decrease out-of-school suspensions, expulsions, and referrals to law enforcement (Colorado Department of Education, 2012). This brief report highlights several evidence-based, supportive disciplinary methods that serve as alternatives to suspensions and expulsions as well as recommendations on ways to help decrease Colorado’s disciplinary gaps based on gender, race, and discipline.
    [Show full text]
  • Rules & Regulations
    CITY OF SANTA CLARA PARKS & RECREATION DEPARTMENT Walter E. Schmidt Youth Activity Center Teen Center Skate Park 2446 Cabrillo Ave., Santa Clara, CA 95051 2450 Cabrillo Ave., Santa Clara, CA 95051 Office 408-615-3740 Office 408-615-3760 • FAX 408-241-0842 FAX 408-241-2326 Skate Park 408-615-3191 http://santaclaraca.gov/TeenCenter http://santaclaraca.gov/YAC PARTICIPANT BEHAVIOR STANDARD AND DISCIPLINE PLAN (Rules & Regulations) The following Participant Behavior Standard and Discipline Plan has been prepared to help your child experience a successful and enjoyable time at the Youth Activity Center (YAC), Teen Center and Skate Park. Please take the time to read this carefully and go over it with your child. Participant Responsibilities: Participants shall be courteous and respectful of adults, staff and fellow participants. Participants shall obey rules of the facility. Participants shall show respect for City property and the personal property of others. Education Code 48909: California State Law makes parents fully responsible for losses of and damage to school and City property by students. Fees, Fines and Assessments: Fees, fines, etc., are payable by check or cash. Checks should be made payable to the “City of Santa Clara.” There will be a fee charged for returned checks in the amount of the bank’s charge to the City. Enforcement of Facility Rules: Facility rules will be enforced at all times, including, but not limited to: while at the YAC, Teen Center, or Skate Park while going to and from the YAC, Teen Center, or Skate Park during, or while going to or from a City-sponsored activity.
    [Show full text]
  • MIDDLE SCHOOL Student/Parent Handbook 2019-2020
    MIDDLE SCHOOL Student/Parent Handbook 2019-2020 International School Aberdeen Middle School Student/Parent Handbook 2019-20 June 2019 Dear Students and Parents Welcome to an exciting new year at ISA. The 2019-20 school year will offer Middle School students opportunities to reach their potential in a wide range of academic, athletic, artistic, and leadership opportunities. Students will also have opportunities to extend their learning beyond the walls of a classroom through a variety of field trips. They will be able to impact the lives of others through our local and international community service efforts. The International School Aberdeen enjoys the advantages of being a small school, where relationships among students, teachers, parents, and staff are positive and supportive. We have a clear sense of purpose, which is to meet the needs of every child and help them reach their full potential. Located on our beautiful campus, ISA’s modern facility adds significantly to our students’ experience. This handbook will provide you with an overview of Middle School activities, expectations, procedures, and course information. General information about ISA as a whole is included in the All-School Student/Parent Handbook. Please read through these two handbooks together to become familiar with ISA, and make use of resources on our website. All of us in the ISA Middle School look forward to a great year together! Yours sincerely Angus Carmichael MS/HS Principal June 2019 Page 1 of 35 International School Aberdeen Middle School Student/Parent Handbook 2019-20 Table of Contents ISA Vision and Mission ......................................................................................................... 4 Our Values ........................................................................................................................... 5 Learning Expectations .........................................................................................................
    [Show full text]
  • Student Code of Conduct
    CISD Student Code of Conduct 2017-2018 School Year If you have difficulty accessing the information in this document because of a disability, please contact the District’s Communications Department at 936-709-7752. i Table of Contents Table of Contents CISD Student Code of Conduct ....................................................................................................... i Student Code of Conduct ............................................................................................................ 5 Accessibility ............................................................................................................................ 5 Purpose .................................................................................................................................... 5 School District Authority and Jurisdiction ................................................................................. 5 Standards for Student Conduct ................................................................................................... 7 General Conduct Violations ........................................................................................................ 7 Disregard for Authority........................................................................................................... 7 Mistreatment of Others ........................................................................................................... 7 Property Offenses...................................................................................................................
    [Show full text]
  • Iowa Compilation of School Discipline Laws and Regulations
    Iowa Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This compilation presents school discipline-related laws and regulations for U.S. states, U.S. territories, and the District of Columbia, and, where available, links to education agency websites or resources related to school discipline and student conduct. The discipline laws and regulations presented in this compilation have been categorized by type of specific discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on school grounds). The school discipline laws and regulations were compiled through exhaustive searches of legislative websites that identified all laws and regulations relevant to each specific category. Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington D.C., and the U.S. territories. Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate discipline category. Laws, ordered by chapter and section number, appear first within each category followed by regulations. All laws and regulations listed within categories in the compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures.
    [Show full text]
  • Restorative Justice in Schools Examples
    Examples of Restorative Justice Taken from: Taking Restorative Justice to Schools: A Doorway to Discipline. J. Holtham. (2009). Del Hayes Press. Infraction Punitive Restorative Graffiti or property damage Referral to law enforcement; Help clean, repair, or repaint and pay for pay a court fee or fine. damages. Putdowns, gossip, or Spend time in detention. Write a letter of apology to the interpersonal conflicts individual(s) harmed; write a reflection paper on how it feels to be put down or gossiped about. Classroom disruption Be shamed in front of the Verbally apologize to the teacher and class by the teacher. fellow students with a promise to contribute more positively in the future. Request that peers hold him/her accountable. Spend a week assisting the teacher with classroom supervision or clean-up. Bullying younger students Sent to in-school Set up a weekly book reading with the suspension; have privileges younger students and read to them out removed. of Touching Spirit Bear, a book about restorative justice that addresses a serious assault. Facilitate a circle with individuals considered bullies and discover three reasons why they do it. Facilitate a circle with victims of bullies to find out how bullying affects others. Ridicule or racial slurs of Given a sanction to stay Participate in a blanket drive for the another individual or group away from the person in the homeless. Help on a project to raise future. community awareness to stop “hate crimes.” Set up a panel of speakers who can talk to the entire class or school about intolerance and the effect it has on our communities.
    [Show full text]