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As a future professional school counselor and current teacher, I’ve seen the damage that could be caused by this topic if not addressed. In detail, the topic was chosen because it is linked to the majority of the major problems that happens within education today. Without discipline, students feel that they can do what they want when they want. It causes the teachers to be placed between a rock and a hard place, due to not having anything solid to help back them up. It can be as simple as classroom management. If a student continues to break the rules of their teacher’s classroom, what will be the consequences of their behavior other than a 3-day vacation? It is time to re-think our methods of discipline for our students to help with creating a safe learning environment for everyone.

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 Slide 2: Governing Agency: Federal and Sate Level 

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 Slide 2: Governing Agency: Federal and Sate Level 

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The Texas Education Agency's (TEA) Student Discipline Program guides local education agencies (LEAs) and regional education service centers (ESCs) on these disciplinary policies, procedures, and discipline data reporting requirements (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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U.S. Constitutional law:

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 (U.S. Const. amend. 14th). This simply means that Students have due process rights when accused of an infraction or misbehavior that could lead to suspension or expulsion.

Texas law:

TEC, §37.002(c) - A teacher may permanently remove a student from the classroom (1) who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students

in the class or with the ability of the student's classmates to learn; or (2)whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively

with the students in the class or with the ability of the student's classmates to learn(PEIMS Discipline Data -Disciplinary Action Reason Codes and Definitions, n.d.).

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Statute:

If the board of trustees of an independent school district adopts a policy under Section 37.001 (Student Code of Conduct)(a)(8) under which corporal punishment is permitted as a method of student discipline, a district educator may use corporal punishment to discipline a student unless the student’s parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline(Texas Education Code Section 37.0011 - Use of Corporal Punishment (2019), n.d.).

Administrative:

§ 37.0011. Use of corporal punishment. (a) In this section, "corporal punishment" means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline. The term does not include: (1) physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or (2) the use of restraint as authorized under Section 37.0021(Texas School Discipline Laws and Regulations, n.d.).

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Goss v. Lopez, 419 U.S. 565 (1975) -Appellee Ohio public high school students, who had been suspended from school for misconduct for up to 10 days without a hearing, brought a class action against appellant school officials seeking a declaration that the Ohio statute permitting such suspensions was unconstitutional and an order enjoining the officials to remove the references to the suspensions from the students' records(Skelton, 2020). Three judges decided that the students was denied due process which violated their constitutional 14th amendment rights. This case impacts my topic of educational discipline because it helps individuals understand that there is process to discipling students and it have to be followed.

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Sec. 37.0013. POSITIVE BEHAVIOR PROGRAM.  (a)  Each school district and open-enrollment charter school may develop and implement a program, in consultation with campus behavior coordinators employed by the district or school and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade three who engages in conduct described by Section 37.005(a) and is not subject to Section 37.005(c) (EDUCATION CODE CHAPTER 37. DISCIPLINE; LAW and ORDER, n.d.).

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 Slide 7: Local Administrative Law/Policy/Rule

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 Slide 7: Local Administrative Law/Policy/Rule

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Local Policy:

Discipline shall be administered when necessary to protect students, school employee ,or property and to maintain essential order and discipline(Code of Student Conduct Houston Independent School District Your Rights and Responsibilities, 2012).

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Slide 8: Three Risk Management Strategies

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Slide 8: Three Risk Management Strategies

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Each topic could lead to potential legal or ethical liability due to the corporal punishment law and due process. It is against the law to physically punish or discipline a student. It is best to avoid this issue by following the steps that I listed below. The most important part of this list is to provide documentation. Providing proper documentation will help your case during the due process of the incident. All incidents, and conversations with the parents, administration, and the student that is involved. You must have proof that you did everything that is in your power as a teacher to provide interventions for the student's behavior.

1. Follow the policies and procedures of the school district.

2. Inform the parents or guardians of the student’s behavior.

3. Consult with an administrator.

4. Document every encounter that lead up to the incident including parent contact logs.

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Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor(Chapter 247. Educators’ Code of Ethics §247, n.d.).

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As a current teacher, I have witnessed how the topic of discipline could affect a classroom environment altogether. It's a sensitive subject because some educators feel that these laws are used to protect students and not teachers. However, after my research, I understood that knowing what you can and can not do as a teacher will help educators create a sense of protection and comfort. Overall, this padlet aims to help bring educators awareness by educating them on their limits. Knowing your limits will help you create alternative discipline methods to support your learning environment. Always remember to document, report, and stay in your lane as a teacher.

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1. Gain an understanding of your state and federal laws.

2. Know your limitations.

3. Follow the policies and procedures of the school district.

4. Inform the parents or guardians of the student’s behavior.

5. Consult with an administrator.

6. Do not do the administrator job, if you are a teacher stay a teacher.

7. Document every encounter that lead up to the incident and after, including parent contact logs.

8. Don't be afraid to ask for help.

9. Take a deep breath.

10. Use your vacations days and enjoy your breaks .

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Agency, T. E. (2024, June 25). Student Discipline. Tea.texas.gov. https://tea.texas.gov/texas-schools/health-safety-discipline/student-discipline#:~:text=Student%20Discipline%20in%20Texas&text=The%20Texas%20Education%20Agency

Chapter 247. Educators’ Code of Ethics §247. (n.d.). https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-adopted/201610ch247-two.pdf

Code of Student Conduct Houston Independent School District Your Rights and Responsibilities. (2012). https://www.houstonisd.org/cms/lib2/TX01001591/Centricity/Domain/17014/Code%20of%20Student%20Conduct%202012-2013.pdf

Demir, G. T. (2023). Awards and Punishments Given by the Ministry of Education According to the Journal of Notifications in 1926. International Journal of Education, Technology & Science, 3(4), 1381–1396.

EDUCATION CODE CHAPTER 37. DISCIPLINE; LAW AND ORDER. (n.d.). Statutes.capitol.texas.gov. https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

EDUCATION CODE CHAPTER 38. HEALTH AND SAFETY. (n.d.). Statutes.capitol.texas.gov. Retrieved July 10, 2024, from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.0231

PEIMS Discipline Data -Disciplinary Action Reason Codes and Definitions. (n.d.). https://tea.texas.gov/texas-schools/health-safety-discipline/chapter-37-safe-schools/peims-discipline-data-disciplinary-action-reason-codes-and-definitions-2024.pdf

Skelton, C. (2020). Goss v. Lopez, 419 U.S. 565 (1975). Justia Law. https://supreme.justia.com/cases/federal/us/419/565/

Texas Education Code Section 37.0011 - Use of Corporal Punishment (2019). (n.d.). Texas.public.law. https://texas.public.law/statutes/tex._educ._code_section_37.0011

Texas School Discipline Laws and Regulations. (n.d.). https://safesupportivelearning.ed.gov/sites/default/files/discipline-compendium/Texas%20School%20Discipline%20Laws%20and%20Regulations.pdf