School Discipline (What are my student s rights when facing a suspension or expulsion?)

Transcription

1 Is suspensin the nly ptin fr schl discipline? NO! Schls shuld be fcused n cnstructively addressing student misbehavir and preventing future incidents. This can be effectively dne thrugh the use f parent/student cnferences, peer mediatin, behavir cntracts, cnflict reslutin, cmmunity service, lss f privileges, and ther interventins that d nt take away a child s educatin. What rights des my student have when facing a suspensin? It depends n the nature f the suspensin. Shrt-term remvals like bus suspensins, in-schl suspensins, and shrt-term suspensins trigger fewer rights than lng-term suspensins r expulsins. Bus Suspensin Schl Discipline (What are my student s rights when facing a suspensin r expulsin?) Definitin: A student can g t schl, but cannt ride the bus t get there. Rights: There is n frmal right t appeal (challenge) a bus suspensin. GOLD STAR TIP: If a student has an Individualized Educatin Prgram (IEP), a parent/guardian can request that special transprtatin be added t the child s IEP if the misbehavir leading t the bus suspensin is related t the student s disability. In-Schl Suspensin (ISS) Definitin: A student can g t schl, but is sent t a separate classrm in the schl. Rights: There is n frmal right t appeal an ISS. Shrt-Term Suspensin (STS) GOLD STAR TIP: If a student has an IEP, he must cntinue t receive all services in his IEP while placed in ISS. If these services aren t prvided, an ISS may trigger extra prtectin under the law. (See Special Educatin and Schl Discipline ) Definitin: A student cannt g t schl fr 10 days r fewer. Rights: There is n frmal right t appeal an STS. All students facing STS have the right t: 1. An explanatin f why they re being suspended (i.e. what schl rule they brke and what evidence the schl has); 2. Tell their side f the stry; and Nte: This can be a very infrmal cnversatin between a student and administratr 3. Take bks hme, get hmewrk, and make up tests missed during the suspensin. Nte: Smene else must pick up wrk fr the student. Absent explicit permissin frm an administratr, a student is nt allwed n schl grunds while suspended. GOLD STAR TIP: Students with IEPs wh have been STSed fr mre than 10 days ttal in a schl year have extra rights, including cntinued access t educatinal services and nt t be suspended fr disability-related cnduct (See Special Educatin and Schl Discipline ) Creative advcacy fr bus suspensins, ISS, and STS Even thugh there is n frmal right t appeal these suspensins, parents/guardians can take steps t reduce the harms f suspensins and prevent future issues: Request a meeting t ask fr a different cnsequence and/r create a plan t prevent future issues. If yur child has an IEP, request a functinal behaviral assessment (FBA) and behavir interventin plan (BIP) as needed t prevent future issues. (See Special Educatin and Schl Discipline ) If yur child des nt have an IEP and the behavirs appear t be disability-related, request an evaluatin t determine eligibility (See Special Educatin Eligibility ) If schl plicies weren t fllwed r rights weren t affrded, file a frmal grievance. (Sample attached)

2 Lng-Term Suspensin (LTS) Definitin: Student is nt allwed t attend schl fr a perid lasting mre than 10 schl days 1. If an incident happens in 1 st, 2 nd, r 3 rd quarters, LTS can last until the end f the schl year 2. If incident ccurs in the 4 th quarter, LTS can last thrugh 1 st semester f the next schl year Rights: All students facing LTS have the right t: 1. Take bks hme, get hmewrk, and make up tests during first 10 days; 2. Receive written ntice f the charges against them; 3. Review and btain cpies f any evidence the schl has pertaining t the incident; 4. Request and have a hearing befre an impartial decisin-maker where they can bring an advcate r attrney, present evidence (including character witnesses), questin witnesses, evidence, r statements used against them, and receive a decisin based n substantial evidence; 5. Appeal the hearing decisin, as needed, t the Bard f Educatin and Superir Curt; and 6. Receive alternative educatin services while suspended, unless the schl prvides an imprtant reasn fr refusing t prvide thse services. Nte: a refusal t prvide alternative educatin is an appealable decisin Expulsin Definitin: Student is never allwed t return t schl Rights: All students facing expulsin have the right t: 1. The same prtectins given t students facing LTS, with the exceptin that: the schl must als demnstrate that allwing the student t attend any schl r prgram in the district wuld threaten the safety f thers The Bard f Educatin must hld a hearing t apprve the expulsin Expelled students d nt have a right t alternative educatin (thugh the schl may chse t ffer thse services t expelled students) 2. Request readmissin after 180 days have passed by prviding infrmatin sufficient t demnstrate that their return t schl wuld nt pse a threat t schl safety. Creative Advcacy fr LTS and Expulsins A student shuld always appeal, either t argue: 1. Inncence if she is accused f an ffense she didn t cmmit; OR The schl has the burden f prviding reasnable evidence that prves the student cmmitted the ffense he is accused f. 2. That the length f the suspensin is excessive and unnecessarily harmful. In a hearing, a student can: 1. Bring up defenses (e.g. self-defense, bullying) 2. Offer psitive infrmatin that cntradicts the schl s negative descriptin f her (e.g., gd grades, 1 st ffense, cperatin with investigatin) 3. Prvide letters f supprt frm family, teachers, and cmmunity members. 4. Explain hw LTS will harm her (academically, etc) 5. Offer suggestins f mre apprpriate alternatives (e.g. mediatin, cmmunity service, etc) GOLD STAR TIPS Submit paperwrk t request an appeal as sn as pssible. Yu can still request and shuld be granted an appeal even if the schl s established deadline has passed. --- Students with IEPs facing LTS r expulsin have additinal prtectins, including (1) nt being suspended fr behavirs related t their disability r t the schl s failure t implement their IEP, and (2) the pprtunity t cntinue t receive services necessary t make prgress n IEP gals and in the general curriculum, even if suspended. See Special Educatin and Schl Discipline verview fr mre infrmatin --- If criminal charges have been filed by the schl district, it is imprtant t crdinate with their attrney abut what t present at a suspensin hearing. Advcates fr Children s Services f Legal Aid f Nrth Carlina acsinf@legalaidnc.rg Yu may want t cntact a lawyer if yur child has missed a lt f days f schl due t disciplinary incidents, r if yur child is facing lng-term suspensin r expulsin.

3 SUSPENSION GRIEVANCE Parent/Guardian Phne Address Student Grade Schl My child s schl vilated the state schl discipline statute (G.S. 115C-Article 27) and lcal schl bard plicies fr the fllwing reasn(s). (Check all that apply.) My child s cnduct did nt vilate a schl bard plicy that authrizes a shrt-term suspensin. My child s cnduct was nt willful. My child was nt prvided an pprtunity t make statements in defense r mitigatin f the schl s accusatins. I was nt prvided prper ntice f my child s suspensin. My child was denied the pprtunity t take her textbks hme, receive missed assignments and instructins, and/r make up tests and quizzes. Other: Additinal Details (Describe why yu checked the bx(es) abve.) Signature Date * Parents/Guardians: After yu cmplete this frm, make and save a cpy fr yur recrds. Read yur schl district s grievance plicy t determine whether t submit the grievance t the principal r superintendent.

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5 SUSPENSION GRIEVANCE APPEAL Parent/Guardian Phne Address Student Grade Schl My child s schl vilated the state schl discipline statute (G.S. 115C-Article 27) and lcal schl bard plicies as utlined in my initial grievance. (Initial grievance enclsed) The respnse t my grievance was nt adequate fr the fllwing reasn(s). Signature Date * Parents/Guardians: After yu cmplete this frm, make and save a cpy fr yur recrds. Then, attach a cpy f the Suspensin Grievance frm abve, and submit bth frms t either the superintendent r the Bard f Educatin. Read yur schl district s grievance plicy t determine which is the next step in the prcess.

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