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Slide #1: Professional Perspective / Audience / Topic

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Slide #1: Professional Perspective / Audience / Topic

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Advocating for students in the future means having their rights and well-being at heart while supporting equitable disciplinary practices. School counselors must ensure fair disciplinary processes, guaranteeing they conform to legal and ethical standards, always keeping students, administration, and parents in mind.

This manual is designed for school counselors, administrators, and educators involved in the management of student discipline policies and procedures.

The focus of Disciplinary Actions and Student Rights is to ensure that school discipline procedures respect students' constitutional rights, are in accordance with federal/state laws, and are informed by ethical standards of school counseling.

This topic was selected because disciplinary action, when applied inappropriately, can have far-reaching effects on student success, and it tends to affect students of color and students with disabilities disproportionately.

(U.S. Department of Education, 2023; American School Counselor Association [ASCA], 2022)

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Federal Level

U.S. Department of Education (DOE): Oversees educational equity and student rights under laws like IDEA and Title VI.

Office for Civil Rights (OCR): Investigates discrimination in discipline cases.

State Level (Texas)

Texas Education Agency (TEA): Provides policy guidance, enforces Chapter 37 of the Education Code.

State Board for Educator Certification (SBEC): Upholds conduct standards for educators and counselors.

Governing bodies enforce compliance with student protections, ensure fairness in discipline, and investigate complaints.

(U.S. Department of Education, 2023; Texas Education Agency, 2024)

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Slide #3: Federal and State Constitutional Laws

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Slide #3: Federal and State Constitutional Laws

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Federal – 14th Amendment: Due Process Clause

Guarantees that students cannot be suspended/expelled without notice and opportunity to be heard.

Link: 14th Amendment

Texas Constitution – Article I, Section 19

Mirrors federal due process and equal protection guarantees.

Link: Texas Constitution

(Goss v. Lopez, 1975; Texas Constitution, n.d.)

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Slide #4: Statute and Administrative Law

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Slide #4: Statute and Administrative Law

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Statute – Texas Education Code §37.001

Requires school districts to adopt Student Code of Conduct.

Details due process, behavior expectations, and removal procedures.

Link: TEC §37.001

Admin Law – 34 CFR §100.3 (Title VI)

Prohibits race-based discrimination in discipline.

Schools must ensure policies are applied equitably.

Link: 34 CFR §100.3

(U.S. Department of Education, 2023; Texas Education Code, 2024)

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Goss v. Lopez (1975)

Students must receive notice and a hearing before suspension.

Landmark ruling applying the 14th Amendment in schools.

Tinker v. Des Moines (1969)

Students don’t lose rights at the schoolhouse gate.

(Goss v. Lopez, 1975

Tinker v. Des Moines, 1969)

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IDEA – Individuals with Disabilities Education Act

Manifestation determination needs to be conducted before suspending a student with disabilities.

School provision for educating the student during the discipline is mandatory.

(Individuals with Disabilities Education Act, 2004)

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Outlines expectations and disciplinary procedures.

Aligns with TEC §37

Emphasizes fairness and restorative practices.

Link: Midland ISD

(Midland ISD, 2024)

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Clear, firm discipline and training procedures must be implemented.

All disciplinary actions should be thoroughly documented.

Apply restorative practices to reduce suspensions.

(ASCA, 2022)

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ASCA Ethical Standard A.9: Responsibilities in Student Records

Requires confidentiality and fairness in record-keeping.

Counselors must not label or abusive use of discipline data.

(American School Counselor Association [ASCA], 2022)

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Learning about due process and student protections informed me about equity in education better.
It illustrated how the law informs school policy and empowers school counselors to advocate.
These values have inspired me to advocate for student rights in line with counseling leadership.

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Slide #11: Recommendations / Best Practices

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Slide #11: Recommendations / Best Practices

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Ensure due process before discipline.

Analyze discipline data for disproportionality.

Practice restorative justice.

Keep student records confidential.

Apply IDEA protections to all equally.

Involve counselors in policy consideration.

Partner with families in intervention.

Offer ongoing staff training in equity.

(U.S. Department of Education, 2023

ASCA, 2022)