Student Discipline and Due Process

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May 24, 2024

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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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suspension are in place to prevent infringement upon students’ rights. This requires both written and oral contact to the student’s parent/guardian, and a meeting/hearing will be called to discuss the infraction, disciplinary action, educational supports to be implemented during the suspension time frame and additional behavioral supports to be implemented upon the student’s return to school. In Goss v. Lopez, the precedent was set that students facing long term suspension are required to be allowed a hearing to prevent them from being deprived their property right in their education. (Goss v. Lopez, 1975) DCSD provides oral notice for minor disciplinary decisions, oral and written notice for referrals, oral and written notice for suspensions, and includes a meeting/hearing if a suspension will be long term. These procedures align with Goss v. Lopez requirements for due process: oral or written notice of charges and explanation of evidence, and a hearing preferably prior to removal from school, but if not feasible, as soon as practicable. (Goss v. Lopez, 1975) Davenport Community School District’s discipline policy and procedures are consistent with the ruling of Goss v. Lopez by ensuring that students’ rights remain protected. References DCSD, (2023). Davenport Community School District Parent Handbook. Student Discipline. Retrieved March 23, 2024 from

https://www.davenportschools.org/media/news/important-information-for-davenport- community-school-district-parents-and-students Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725, 1975 U.S. LEXIS 23 (Supreme Court of the United States January 22, 1975, Decided) https://advance-lexus- com.lopes.idm.olc.org/api/document?collection=cases&id=urn:contentItem:3S4X-C590- 003B-S4C9-00000-00&context=1516831 Morgan, M. (2024, March 25). Personal communication [personal interview]

Student Discipline and Due Process

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