ESU 4 principals

Legal g Update p for ESU 4 Principals Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

Student Discipline Primer

Definitions

Definitions  Student Discipline Act – §§ 79-254-294 ( (governs suspension, i expulsion, li emergency exclusion and mandatory reassignment of students)  Short-term suspension p – exclusion from attendance in all schools in the system for up to 5 school days.  Long-term suspension – exclusion from attendance in all schools in the system for 6 to 19 school days

Definitions  Mandatory reassignment – involuntary t transfer f to t another th school h l iin connection ti with disciplinary action  Expulsion – exclusion from attending all schools in the system y • Typically for remainder of semester • Can be for 2 semesters • Can be for calendar year (firearms)

Minor Problems

Minor Discipline  Actions that do not require special procedures d under d th the A Actt ((reg. ed) d) • Counseling of students • Parent conferences • Rearrangement g of schedules • Keeping student after school • Restricting extracurricular activity (check board policy!!)

• Requiring student to get counseling or evaluation

The Rules

Adopting School Rules  Board and administration may adopt rules reasonably necessary to prevent interference with any educational function  Teachers may adopt classroom rules (must not conflict with board policy)  Rules R l mustt provide id “clear “ l notice” ti ” to t students and parents

Distributing School Rules  Distribute rules to students and parents at the beginning of the year  Post rules in conspicuous places during the school year  Distribute Distrib te rule r le changes to students st dents and parents before implementing them

Short-Term Suspension

Short-Term Suspension p  A short-term short term suspension is: • Suspension from attendance at school h l for f up to t 5 school h l days d • Suspension p may y include attendance at school functions at school and away from school

Basis for Short Term  Principal may impose a short-term short term suspension for: • Conduct constituting grounds for expulsion in Student Discipline Act

• Any other violation of the school’s rules regarding behavior

What Short-Term is Not  NOT limited to misbehavior on school grounds, at a school event off school grounds, or in a school vehicle  NO statutory appeal procedure to court • However, However appeal is possible • Walker v. Bradley

Principal Investigates Principal must give the student: • Notice of charges • Explanation of evidence • An opportunity for student to present his or her version Principal determines suspension is necessary to: • Help the student • Further F th school h l purposes, or • Prevent interference w/ school

Principal Notifies ďƒ˜Parents of suspension w/in 24 hours ďƒ˜At time of suspension, notifies student and parents of school policy or practice ti on grading di off makeup k work

Basis for Long-Term Suspension p or Expulsion

Basis for Long-Term S Suspension i or E Expulsion li

Use of violence,, force,, coercion,, threat, intimidation D Damage or th theft ft off property t Causing personal injury  Extortion Weapons C t ll d substances, Controlled bt iimitations, it ti alcohol

Basis for Long-Term S Suspension i or E Expulsion li Public indecency  Sexual assault. Mayy expel p for sexual assault off school grounds if prosecutor files charges of 1st or 2nd degree sexual assault  Bullying Oth Ill Other Illegall A Activities ti iti

Basis for Long-Term S Suspension i or E Expulsion li Repeated violation of rules  NOTE: Don’t use long-term g suspension or expulsion for truancy

Duration Long-Term - 6 to19 school days Expulsion - end of current semester 2 semesters if misconduct was w/in last 10 school days of semester t Modification - school district may modify or terminate at any time

Basis for Two-Semester • Usingg force to cause or attempt to cause personal injury • Knowing, g, intentional use,, possession or transmission of dangerous weapon other than a firearm” • Automatic review over summer

Firearm Offenses

Firearms Policy must require calendar year expulsion for possession use, use or transmission of a firearm The superintendent or board may modify expulsion on individual basis School must report to NDE annually

Notice and Procedural Requirements for LongTerm Suspension or Expulsion

Notice to Student &Parents Statutorily Required Notice:  Description of misbehavior  Rule that was violated  Summary of the evidence  Recommended consequence  Other applicable consequence(s)  Right to request a hearing  Form to request a hearing

Notice to Student &Parents  Description of hearing & appeal procedures d  Statement of right to: • Inspect student’s academic and di i li disciplinary records d

• Inspect p any y written statements • Know the names of administration’s witnesses and substance of testimony

Hearing Rights  Student & parents have the right to: • A hearing if timely requested • Be represented at hearing • An impartial hearing officer • Cross-examine witnesses • Present own evidence • Appeal to board and district court

When is student expelled?  The superintenent is limited by the h i officer’s hearing ffi ’ recommendation d ti  A student is not expelled until: • Student and parents do not request a hearing within 5 days and the superintendent supe te de t eexpels pe s tthee stude studentt • The hearing officer recommends expulsion and the superintendent expels the student

I thought g I worked at a School, Not a Circus. . .

(Review of presentation Karen year to office staff)) made last y

Custody Disputes

Custody Disputes: Stay Out of it! ► Refuse

to offer opinions ► Decline interviews with attorneys ► Refuse service of subpoenas during school time ► Consider motion to quash ► Strictly observe FERPA

Custody Disputes: If you’re in it • Stick to your expertise – As a staff member – Not a psychologist/social worker

Non-Custodial Parents and Special Education â–şIDEA

gives rights to parents, foster parents parents, in loco parentis â–şNavin v. Park Ridge Sch. Dist. 64, 270 F.3d 1147 (7th Cir. 2001)

Release of Children

Everyone y thinks he’s a lawyer

Release of Children ►FERPA:

Non Non-custodial custodial parents have same rights as custodial

► Unless U l

th there iis evidence id off a llegally ll binding bi di document that specifically revokes rights. (34 C F R 99.4) C.F.R. 99 4)

►Pauley

v. Anchorage Sch. Dist., 31 P.3d 1284 (Al (Ala. 2001)

Practical Advice ►Politely

decline to accept copies of di divorce d decrees, custody agreements, etc, etc. ►Release to bio parents p and their designees ► Call the cops if concerned

What’ss in a Name?

What

Special Education and Student Discipline

Procedural Protection without ith t Verification V ifi ti • District st ct has as imputed puted knowledge ow edge if:: – Parents have requested evaluation – Parents have expressed concern to the district that child special education – Child Child’ss behavior demonstrates need for services – District personnel have expressed concern about child’s behavior or performance in cco d ce with w thee district's d s c s spec special accordance education referral system.

Request for evaluation after misconduct • District has no imputed knowledge of disability • School may determine child’s hild’ placement l t pending p g results of the evaluation and, if necessary manifestation necessary, determination

Responding to Subpoenas