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Presentation Kelley and Karen made at NRSCA on March 23, 2011.
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< Student Discipline Act – §§ 79-254-294(governs suspension, expulsion,emergency exclusion and mandatoryreassignment of students)
< Short-term suspension – exclusion fromattendance in all schools in the systemfor up to 5 school days.
< Long-term suspension – exclusion fromattendance in all schools in the systemfor 6 to 19 school days
< Mandatory reassignment – involuntarytransfer to another school in connectionwith disciplinary action
< Expulsion – exclusion from attending allschools in the system ’ Typically for remainder of semester’ Can be for 2 semesters’ Can be for calendar year (firearms)
< Actions that do not require specialprocedures under the Act’ Counseling of students’ Parent conferences’ Rearrangement of schedules’ Keeping student after school’ Restricting extracurricular activity’ Requiring student to get counseling
or evaluation
< Board and administration mayadopt rules reasonably necessary toprevent interference with anyeducational function
< Teachers may adopt classroom rules(must not conflict with board policy)
< Rules must provide “clear notice” tostudents and parents
< Distribute rules to students andparents at the beginning of the year
< Post rules in conspicuous placesduring the school year
< Distribute rule changes to studentsand parents before implementingthem
< A short-term suspension is:’ Suspension from attendance at
school for up to 5 school days’ Suspension may include
attendance at school functions atschool and away from school
< Principal may impose a short-termsuspension for:’ Conduct constituting grounds for
expulsion in Student Discipline Act’ Any other violation of the school’s
rules regarding behavior
< NOT limited to misbehavior on schoolgrounds, at a school event off schoolgrounds, or in a school vehicle
< NO statutory appeal procedure tocourt’ However, appeal is possible’ Walker v. Bradley
< Principal must give the student:’ Notice of charges’ Explanation of evidence’ An opportunity for student to
present his or her version< Principal determines suspension
is necessary to:’ Help the student’ Further school purposes, or’ Prevent interference w/ school
< Parents of suspension w/in 24 hours< At time of suspension, notifies student
and parents of school policy orpractice on grading of makeup work
< Use of violence, force, coercion, threat, intimidation
< Damage or theft of property< Causing personal injury< Extortion< Weapons< Controlled substances, imitations,
alcohol
< Public indecency< Sexual assault. May expel for sexual
assault off school grounds ifprosecutor files charges of 1st or 2nd
degree sexual assault< Other Illegal Activities< Repeated violation of rules< NOTE: Don’t use long-term
suspension or expulsion for truancy
< Long-Term - 6 to19 school days< Expulsion - end of current semester< 2 semesters if misconduct was w/in
last 10 school days of semester’ Automatic review if expulsion goes
over the summer< Modification - school district may
modify or terminate at any time
< Using force to cause or attempt tocause personal injury
< Knowing, intentional use, possessionor transmission of dangerous weaponother than a firearm
< School must have a policy requiringcalendar year expulsion for possessionuse, or transmission of a firearm’ On school grounds’ In school vehicle’ At school sponsored activity
< The superintendent or board maymodify expulsion on individual basis
< School must report to NDE annually
Statutorily Required Notice< Description of misbehavior< Rule that was violated< Summary of the evidence< Recommended consequence< Other applicable consequence(s)< Right to request a hearing< Form to request a hearing
< Description of hearing and appealprocedures
< Statement of right to:’ Inspect student’s academic and
disciplinary records’ Inspect any written statements’ Know the names of
administration’s witnesses andsubstance of testimony
< Student and parents have the right to:’ A hearing if timely requested’ Be represented at hearing’ An impartial hearing officer’ Cross-examine administration
witnesses’ Present own evidence’ Appeal to board and district court
< The superintenent is limited by thehearing officer’s recommendation
< A student is not expelled until:’ Student and parents do not request
a hearing within 5 days and thesuperintendent expels the student
’ The hearing officer recommendsexpulsion and the superintendentexpels the student
Student Discipline Under theIDEA
< May suspend without educationalservices for up to 10 days in a schoolyear (cumulative or consecutive) ifthe same sanction is applicable tonon-disabled students
< Nebraska law limits short-termsuspension to five days per offense
< Prior law – Permitted expulsionunless behavior was a manifestationof the student’s disability
< New law expressly prohibitscessation of all services to studentsin either case
< Student may be placed in aninterim setting if the behavior isnot a manifestation of a disability
Findings by IEP Team< IEP and placement were appropriate
relative to the behavior< All services were being provided
consistent with the IEP< Disability didn’t impair student’s abi-
lity to understand actions were wrong< Disability did not impair student’s
ability to control the behavior
< Student may be placed in analternative education setting
< IEP team determines theappropriate alternative education program
Must provide for the following< Student’s participation in the
general curriculum< Services to enable the student to
meet the IEP goals< Services to address the behavior
that caused the change inplacement
< The alternative education settingwill be for the duration of the periodof the “expulsion”
< Parent may request a due processhearing to challenge manifestationdetermination
< The “then current placement” is thealternative education placement
< IEP team may offer a placementchange subject to parent agreement
< In cases of a weapon (gun or knifeblade > 2.5 inches) or drug violations,IEP team may make a 45-calendarday placement in an interimalternative education setting withoutparent consent
< If student poses substantial likelihoodof injury to himself or others, apply tospecial ed due process hearing officerfor a 45-day interim alternativeeducation setting placement
< Then seek injunctive relief in court
< Student still gets StudentDiscipline Act hearing if requested
< Hold hearing after manifestationhearing and after interimprogram has been determined
< The protections referred to aboveapply to students not yet identifiedas being in need of specialeducation if the district hadknowledge that the child was achild with a disability beforemisbehavior occurred
< The district is deemed to have suchknowledge if:’ Parents expressed concern that
child was in need of special ed’ Behavior or performance of child
demonstrated a need for special ed’ Teacher or other school personnel
have expressed concern that childwas in need of special ed
< School with the information referred toabove deemed not to have knowledge if:’ School conducted evaluation and
determined child not in need of sped’ School determined evaluation was not
necessary’ School provided appropriate notice to
parents
< If school does not have knowledge ofdisability and an evaluation is requested’ Must be conducted on expedited
basis’ Student remains expelled pending
evaluation’ If student is sped, then provide IEP
< Law permits schools to reportdisabled students’ criminal behaviorto law enforcement authorities
< Not a “change in placement”triggering IDEA procedural dueprocess protections
< Justified at its inception – ’ Reasonable grounds to suspect search
search will turn up evidence that thestudent violated law or school rules
< Reasonable in scope – ’ Measures are reasonably related to
search objectives and not excessivelyintrusive in light of student’s age, sexand the nature of the infraction.
