Student Discipline and Due Process

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Grand Canyon University *

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500

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Law

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May 24, 2024

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docx

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5

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Student Discipline and Due Process Heather Hendricks College of Education, Grand Canyon University U.S. and Arizona Constitutions for Teacher Candidates POS-500 John Breugger March 23, 2024 Student Discipline and Due Process Student discipline and due process procedures may vary from state to state and district to district, however follow precedents aligning with Constitutional protections for students’ rights.
The Davenport Community School District follows similar disciplinary procedures across grade levels from pre-K through 12th grade. A summary of disciplinary procedures can be found in the parent handbooks for each school, located on the district website. These disciplinary procedures are consistent with precedents set by Goss v. Lopez. For Jackson Elementary School, students may face disciplinary action in the form of managed consequences or loss of privileges, a minor or major referral, or in-school or out of school suspension. (DCSD, 2023) The severity of the disciplinary action is a reflection of the severity of the infraction. For minor infractions, disciplinary action may be determined by the student’s teacher. This is the classroom managed consequences or loss of privileges. In these instances, the student has displayed some form of negative behavior, such as disrespectful/vulgar language, minor disruption to learning, or misuse of technology, which results in loss of DoJo points or other classroom incentive, or a loss of privilege such as not being allowed the use of technology for the remainder of the school day. (Morgan, 2024) A minor referral may be written for disruption of learning that occurs for an extended period of time, physical aggression, verbal abuse, elopement, etc. Minor referrals typically result in a classroom consequence and may also include a debriefing with the behavioral support team to ensure the student is regulated before returning to instructional demands. A major referral will be written for major disruption, destruction of property, physical aggression resulting in injury, physical fighting, and threats. Major referrals often result in time out of the classroom to de-escalate the student and process the
referral with the behavioral support team. The behavioral support team and school administration will determine if a major referral results in an in-school or out of school suspension. (DCSD, 2023) Anytime a referral is written, the students’ parent or guardian is contacted to be informed of the incident that occurred, response that followed and any further disciplinary actions to be taken. Due process procedures for a short term or long term suspension of a student are similar, with the exception of determining educational supports for a long term suspension and a meeting to determine if further actions should be implemented to be proactive in managing the student’s behavior. Both short and long term suspensions require the student and their family to be informed of the infraction and resulting disciplinary action. The student has the opportunity to share their side of the story and name witnesses that are spoken to by the behavioral support team. Short term suspension is typically in-school during which the student will receive instruction and have the opportunity to complete classroom work in a designated ISS room supervised by members of the behavioral support team. (Morgan, 2024) However, short term suspension may also be out of school for a period usually consisting of half a day to one or two days. Long term suspension is considered a period of up to ten days or more and is out of school. Any out of school suspension happens as a result of a major referral and the student’s presence in the school environment has been determined to be a severe threat to disruption of learning and/or is a danger to self, other students, or staff. (Morgan, 2024) Procedures followed for long term
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