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"Student suspension Law and legislation United States."
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Ending Zero Tolerance
In the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year.The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well-the exact opposite of what schools intend.Ending Zero Toleranceanswers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school discipline. Derek Black, a former attorney with the Lawyers' Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies,Ending Zero Toleranceargues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students' rights and support broader reforms.
eBook
Balancing student mental health needs and discipline: a case study of the implementation of the individuals with disabilities education act
This research uses a case study approach to assess the implementation of the disciplinary procedures in the Individuals with Disabilities Education Act (IDEA), a federal policy developed to ensure the inclusion of all children with disabilities in state public education systems. The findings indicate that many factors influence the implementation of IDEA’s disciplinary practices. Such factors include teacher and administrator knowledge of the law and policies, teacher and administrator discretion, school‐based resources, and parental involvement. Many areas of noncompliance are apparent.
Journal Article
Academic Discipline: A Guide to Fair Process for the University Student
A 1993 survey of college students found that two thirds will have cheated before receiving their degrees, potentially exposing these students to academic discipline. Students facing discipline at public universities receive constitutional safeguards, as the federal courts view the student's continued enrollment as a property interest immune from arbitrary state action. However, for students facing discipline at private universities, constitutional safeguards do not exist. The thesis of this Article is that a registered student has a legally protected interest in her college education, and the protection of that interest should not rise or fall because the student attends a public rather than a private school. All students accused of academic misconduct are entitled to certain procedural safeguards. The authors use contract law as the bulwark for the private school student, arguing that a private school student should not receive less protection than a public school student receives under the Constitution. The public school student also enjoys contract protections. Indeed, contractual due process may exceed constitutional guarantees. In their research, the authors wrote to more than 200 universities, asking them to complete a questionnaire on their disciplinary procedures. The results indicate that on paper most schools promise decent safeguards to students accused of disciplinary violations. The record is uneven, however, and in some respects students quite consistently receive fewer safeguards than fairness demands. The authors create guidelines for measuring whether a school's process is fair, with particular attention to the student's right to legal counsel and to confrontation of adverse witnesses.
Journal Article
Punishing Personal Fouls
A number of colleges in the US are adopting conduct codes for their athletes, which set both expectations for behavior and punishments for specific infractions and give athletics directors, rather than coaches, the power to bench players who break the rules. Some athletic officials call such codes too rigid, though the proponents feel the standards leave less room for argument about the fairness of punishments and can also deter lawsuits by players who feel they have been arbitrarily punished.
Journal Article
