Citation: U.S. Const. amend. I

Link to Full Text: First Amendment

·      The First Amendment protects individuals, including students, freedom of expression and speech. This applies to the school environment as well. 

·      It is important and vital for schools to maintain balance in promoting student’s freedom of speech and expression while also conducting a systematic and beneficial learning environment.

·      When placing restrictions on student speech, schools must have legitimate concerns and reasons, such as disruptions to the learning environment. 

Citation: 20 U.S.C. § 1415(k)

Link to Full Text: IDEA

·      IDEA guarantees appropriate services to students with disabilities. 

·      When disciplining and suspending students with disabilities, schools must follow specific and strict procedures to ensure the actions do not interfere with their right to free appropriate public education (FAPE). 

·      Students with disabilities are entitled to manifestation determination hearings. These hearings determine if the students behavior is due to their disability before applying specific disciplinary actions. 

Citation: 20 U.S.C. § 1232g; 34 C.F.R. Part 99

Link to Full Text: FERPA

·      FERPA protects student education records by ensuring the records are kept confidential except to those who have an educational responsibility to the student involved. 

·      To guarantee the privacy and confidentiality of students, schools must comply with FERPA requirements when releasing student discipline records, which include suspensions. 

Citation: Brown vs. Board of Education, 347 U.S. 483 (1954)

Link to Full Text: In re Gault

·      In this Supreme Court case, the court determined that students facing suspension or expulsion from public schools are entitled to certain due process requirements. 

·      Due process requirements include notice of charges, the right to confront and cross-examine witnesses, the right to counsel, and the right to a fair hearing. 

Link to Full Text: Community ISD Code of Conduct

·      Misconduct from students may result in removal from the regular educational setting by either routine referral or formal removal. 

·      State law allows students to be suspended out of school for no more than three school days, with no limit on the number of times a student may be suspended. 

·      When deciding to order out-of0school suspension, the administration must consider whether the student’s behavior was due to self-defense, intent at the time of misconduct, and the student’s disciplinary history. 

 

Educators should closely monitor the implementation and effectiveness of these alternative disciplinary practices to assess their impact on student outcomes. It is important to examine whether these approaches lead to reduced suspensions, improved student behavior, increased academic engagement, and enhanced social-emotional well-being.

(Wierman, n.d.)