Regular Searches Professor William Allan Kritsonis, PhD Educational Law Series

1. Regular School Discipline, Suspension, and Expulsion William Allan Kritsonis, PhD

2. Regular Student Discipline— Expulsion-Suspension

3. Regular Student Discipline Every Texas school district must create a foundation for student discipline by adopting a student code of conduct that establishes clear standards for student behavior. The student code of conduct will often reflect the discipline policies and related procedures that a district has in place to manage student behavior in class and on school property. Discipline policies and procedures typically include due process for students who have violated the student code of conduct and for students who are placed in alternative programs outside the regular education setting.

18. One court case related to School Discipline-Suspension and Expulsion would be Nevares v. San Marcos C.I.S.D. In this case, given by “The Educator’s Guide to Texas School Law”, it states that Timothy Nevares was among the first students assigned t o DAEP after the adoption of the “mandatory placement” provisions in Chapter 37. Nevares was placed in DAEP based on off-campus conduct. His suit against the San Marcos C.I.S.D. was followed closely by educators in Texas, since it was the first major court challenged to some of the more controversial aspects of Chapter 37. Though Nevares had some success at district level, he struck out before the Fifth Circuit. Nevares had complained of a lack of due process, alleging that the school had tossed him into an inferior program without a proper hearing. But the Fifth Circuit ruled that no process was due, because the student was not deprived of property or liberty. “Timothy Nevares was not denied access to public education, not even temporarily. He was only transferred from one school program to another with stricter discipline” Since no deprivation occurred, no process of any kind was due. In other words, as far as federal law is concerned, students assigned to DAEP are not entitled to any kind of hearing, not even an informal type hearing. This would appear to close the door to suits alleging a violation of federal due process based on DAEP assignments. Nevares v. San Marcos C.I.S.D.

19. Also stated in The Educator ’ s Guide to Texas School Law , is another court case that relates to School Discipline-Suspension and Expulsion was Aledo I.S.D. v. Reese , in this case, a student was placed in a DAEP due to possession of a shotgun in his truck on the school parking lot after a weekend hunting trip. The student filed suit, and a state district judge issued an injunction, ordering the school to readmit the student to the regular school program. The court of appeals read TEC 37.0009(b) ( “ Any decision of the board or the board ’ s designee under this subsection is final and may not be appealed ” ) and declared that it means what it says--- DAEP orders may not be appealed beyond the school board. Therefore, the state district judge should not have even heard the case. The injunction was issued erroneously and was void. A second court of appeals reached exactly the same conclusion in Hankins v. P.H., as next friend of P.J.H. Aledo I.S.D . v. Reese

20. One last case dealing with school discipline suspension and expulsion is the Goss case. In this case the procedures that must accompany expulsion are more extensive than those involved in suspension or removal to a disciplinary alternative education program. Since the student ’ s “ property right ” to a public education is being taken, The Fourteenth Amendment requires that the student be afforded an appropriate level of due process. In the Goss case the Courts emphasized the informality of what was being required —“ less than a fair minded school principal would impose upon himself in order to avoid unfair suspension ” . Goss Case

21. RESOURCES Walsh, J., Kemere, F., & Maniotis, L. (2005). The Educator ’ s Guide to Texas School Law. Austin: University of Texas Press. Goldstein, B. (2001). Chapter 37: The basic for student discipline in Texas public school law. [On-line]. Available: www.blgpclaw.com Idea Publications Series. (2003) Suspension and expulsion at a glance. [On-line]. Available: www.idea.gaseis.ucla.edu Education Law School. (2008). Law school suspension and expulsion. [One-line]. Available: www.madufflaw.com Especially for Parents. (2005). State suspension/expulsion laws. [On- line] Available: www.aaps.k12mi.us/aaps.forparents Student Discipline in Governement School. (2006). Suspension and Expulsion of School Procedures. [On-line]. Available: www.det.nsw.edu Texas Teacher Law. (2007). Student discipline or free speech infringement? [On-line]. www.teacherlaw.blogspot.com