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Padlet Slide #1 Professional Perspective/Audience/Topic: 

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Padlet Slide #1 Professional Perspective/Audience/Topic: 

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I will be approaching the topic of due process rights for students that are facing school suspension from the outlook of an Instructional Coach. I can see how this topic would better fit the personal perspective of a principal when training educators on the process of school suspension and the behavior it takes to get to that point. However, every member of a team should be trained and ready to give any amount of guidance needed. The audience that will seek the information in this legal guide will be EC-6 elementary educators. The purpose of choosing this topic is to shine light on the rights that students have when looking at punishments such as suspension. COVID-19 came fast and hit schools hard, forcing new learning environments and stretching the limits of current school policies. To be an advocate, maintain legal standings, and protect the rights of students we must study and know what the student is entitled to. Stone & Stone (2011) stated the implications for suspending a student directly effects the student’s higher education and future employment. The duty of a school system should be to provide alternative educational environments for suspended students (Stone & Stone 2011).

Stone, D. H., & Stone, L. S. (2011). Dangerous & disruptive or simply cutting class; When should schools kick kids to the curb: An empirical study of school suspension and due process rights. Journal of Law & Family Studies, 13(1), 1-42.

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1)     Bertha Carrasco (personal communication, November 19, 2021) stated that the student’s well being is always our greatest interest. That includes safety, well-being, and the rights of the student. The way we control emotional or physical behaviors reflects on the community, school district, and our campus. As principal it is my responsibility to ensure we all work as a team to keep everyone accountable in all aspects. (B. Carrasco, personal communication, November 19, 2021)

2)     According to Carrasco, the practices currently in place at our campus usually control the situation before suspension is considered.

·        Posters of hallway, cafeteria, and classroom expectations are displayed in every classroom and throughout the school on expected and appropriate behavior. Students are held accountable by signing a social contract and are taught lessons and treated with socio-emotional learning strategies.

·        If behavior escalates, a parent phone call and investigating the situation takes place. This could be carried out by the educator, counselor, instructional coach, assistant principal, and principal.

·        Lastly, a parent conference is held to discuss the behavior if it continues to escalate. If the situation comes to suspension, In School Suspension (ISS) will take place instead of sending a student home.

(B. Carrasco, personal communication, November 19, 2021)

Investigating, allowing the student to plead their case, and documenting every side of the incident provides the opportunity of due process before any suspension measures are considered.

3)     An emerging issue occurred recently where a boy was learning virtually through zoom during the COVID-19 outbreak. During the zoom call, the boy moves a BB gun out of the way to avoid his brother tripping on it. Because of the different learning environment, the boy had to plead his case, or he would be serving heavy suspension consequences. Legal liability soon became present when the boy was not able to speak about the incident. The Ka’ Mauri Harrison Act was soon put in place regarding discipline policies and virtual learning. This took place in Louisiana, and it will be interesting to see the impact it has on other states and the education system (Hillburn, 2020).

4)     I interviewed Bertha Carrasco, Principal of Bradford Elementary, San Angelo ISD.

Hilburn, G. (2020). BB gun suspension prompts new student discipline law in Louisiana. News Star. Retrieved from: https://www.thenewsstar.com/story/news/2020/11/09/bb-gun-suspension-prompts-new-student-discipline-law-louisiana/6219090002/

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Padlet Slide #3 Professional Association: 

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Padlet Slide #3 Professional Association: 

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The National School Board Association provided an article in April 2021 that discusses the online discipline gap from virtual learning during COVID-19. The article gives reliable information describing disproportionately increasing rates of suspension and expulsion of minority, low-income, and special education students (Healy 2021). Healy (2021) also discusses a civil rights project that showed the 11 million lost instructional days due to out-of-school suspension and touches on the pandemic recovery period.

Healy, M. (2021). Online discipline gap: Racial discipline disparities are replicated in virtual learning during the pandemic. National School Board Association. https://www.nsba.org/ASBJ/2021/April/online-discipline-gap

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·        During the coronavirus pandemic, 9-year-old Ka’Mauri Harrison was taking a test virtually when his teacher noticed a BB gun in his room. Harrison was moving the BB gun out of the way to avoid his younger brother from tripping on it. Harrison was immediately facing the consequence of expulsion.

·        Social media fired up the incident and many people stood behind Harrison considering he was at home and not at school. Harrison’s father, Nyron Harrison, stated, “the principal told me they were treating Ka’Mauri’s situation as if he had brought a gun to school; that my home is an extension of the school. I felt like it wasn’t the same thing” (Hilburn, 2020).

·        Ka’Mauri was supported by the American Civil Liberties Union and the National Rifle Association. The Harrison family is suing the Jefferson Parish school system and Ka’Mauri’s punishment was reduced from expulsion to a 6-day suspension.

·        The Ka’Mauri Harrison Act requires school districts to implement new discipline policies to virtual learning (Hilburn, 2020). It also allows families and students the right to appeal school suspensions (Hilburn, 2020).

Hilburn, G. (2020). BB gun suspension prompts new student discipline law in Louisiana. News Star. Retrieved from: https://www.thenewsstar.com/story/news/2020/11/09/bb-gun-suspension-prompts-new-student-discipline-law-louisiana/6219090002/

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·        On August 27, 2020 Isaiah, a seventh grader at Grand Mountain School in Colorado Springs was “playing” with a toy zombie gun during online instruction. When the vice principal was notified of the incident by the art teacher, a police officer was sent directly to the house.

·        Isaiah is an African American student that has attention-deficit/hyperactivity disorder (ADHD). After the incident, Isaiah received a five-day suspension and a disciplinary record since the police were contacted, leaving a mark on his personal record.

·        The parents were notified after the call was made to the officers. The online learning platform was also recording the lesson.

·        Multiple parents stated no permission was given to allow recording during virtual learning. After reviewing the footage, Isaiah’s father stated that Isaiah was simply moving the toy gun out of the way of the camera, he was not waiving it around in the air as the educator reported.

·        Isaiah was soon pulled out of Grand Mountain School and placed on a waiting list for a charter school.

Peiser, J. (2020). A black seventh-grader played with a toy gun during a virtual class. His school called the police. The Washington Post. https://www.washingtonpost.com/nation/2020/09/08/black-student-suspended-police-toy-gun/

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The 14th amendment of the US Constitution (US Const. amend. XIV § 1) states that:

·        No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.

·        Nor shall any state deprive any person of life, liberty, or property, without due process of law.

·        Nor deny to any person within its jurisdiction the equal protection of the laws.

US Const. amend. XIV § 1

https://www.law.cornell.edu/constitution/amendmentxiv

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In the U.S. Supreme Court case, Goss v. Lopez, Appellee Ohio public high school students had been suspended from school for misconduct for up to 10 days without a hearing. This led to the following:

·        Class actions were brought against school officials seeking declaration that the Ohio statue permitting suspensions was unconstitutional.

·        An order was made to remove the references to the suspensions from the student’s records.

Goss v. Lopez states that the student is to be given oral or written notice of the charges against him and if he denies them, an explanation of the evidence the authorities have and an opportunity to present his version will be made.

Goss v. Lopez, 419 U.S. 565 (1975)

https://tile.loc.gov/storage-services/service/ll/usrep/usrep419/usrep419565/usrep419565.pdf

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(19 Tex. Admin. Code. § 157.1057) states the steps needed to carry out a hearing. A summary of the steps are provided:

·        The petitioner should state the nature of the claim or defense.

·        Evidence should then be presented by the petitioner.

·        Parties are entitled to redirect and recross examination.

·        The respondent may then briefly state the nature of the claim or defense.

·        The respondent now introduces their evidence.

·        Petitioners and intervenors may now cross-examine the respondent’s evidence and witnesses.

·        The intervenor now can present their evidence.

·        The petitioner presents any rebuttal evidence.

·        The parties are now allowed closing arguments at the discretion of the administrative law judge.

19 Tex. Admin. Code. § 157.1057

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=157&rl=1057

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According to the Texas Education Code, chapter 37 section 9 (Tex. Educ. Code § 37.009) states that before a student may be expelled under section 7 (Tex. Educ. Code § 37.007) the board must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution.

At the hearing the student is entitled to:

·        representation by the parent or guardian

·        appeal if the decision to expel the student is made

Tex. Educ. Code § 37.009

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.022

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Padlet Slide #10 Local Administrative Law/Policy/Rule: 

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Padlet Slide #10 Local Administrative Law/Policy/Rule: 

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Students that are facing out-of-school suspension will be informed of the reason for the suspension and will be given the opportunity to respond before the administration makes a final decision. The maximum a student can be suspended is three days (San Angelo ISD Student Code of Conduct, 2021-2022).

San Angelo Independent School District. (2021-2022). Student Code of Conduct. Retrieved from https://resources.finalsite.net/images/v1628705359/saisdorg/pguixwnsugcolernt40p/StudentCodeofConduct2021-2022.pdf

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The educator shall comply with state regulations, written local school board policies, and other state and federal laws (19 Tex. Admin. Code. § 247.1)

·        This ethical code connects directly with the topic by stating that all laws must be met on all levels. This includes providing due process and equal opportunities for every student.

19 Tex. Admin. Code. § 247.1

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Padlet Slide #12 Personal Connection to the Legal and Ethical Standards:

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Padlet Slide #12 Personal Connection to the Legal and Ethical Standards:

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After COVID-19 and the rush into virtual learning, I wanted to choose a topic that directly related to the pandemic and occurrences that still happened in face-to-face environments. I teach at a campus that contains mostly minorities that come from low-socioeconomic households. The cases I read about are the same types of incidences that could easily happen/have happened at my campus.

I wanted to choose a topic that would educate me on what is legal in terms of situations that are severe enough to cause out-of-school suspension. I wanted to be prepared and dig deep into the laws and legal aspects not only for my own personal gain, but so I can be an advocate for my students if needed, and even prevent unwanted events from occurring. After the information I have gathered it is important to provide due process by allowing students to use their voice and given a fair chance if wrongfully treated.

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Padlet Slide #13 Bulleted list of Recommendations / Best Practices for Compliance:

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Padlet Slide #13 Bulleted list of Recommendations / Best Practices for Compliance:

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To prevent legal trouble and any behavior that might lead to out-of-school suspension, listed below are some recommendations:

·        Build solid and trustworthy relationships with your students and parents by continuously communicating and collaborating about performance and behavior in the classroom.

·        Establish, practice, and enforce routines/expectations when it comes to privileges, supplies, behavior, and safety.

·        Talk with your administration and educate yourself on the policies and rules that are in place.

·        Learn employee procedures on what to do when an incident occurs and discuss the appropriate actions that should be taken.

·        Know the types of behavior that will lead to suspension of any kind and think ahead to prevent these behaviors or incidences.

·        Use positive reinforcements and build socio-emotional relationships.

·        Know the laws and relay this information to parents and students so they are aware of their rights and any actions/consequences that will be carried out with certain behaviors.