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OLPD 5344 School Law | Professor Paula Forbes | Fall 2017

Team Presentation: Jonathan C. W. Jones & Megan Peterson

Student Discipline
MN Pupil Fair Dismissal Act
MN Pupil Fair Dismissal Act
Sections 121A.40 to 121A.56

"Suspension means an action by the school administration, under rules


promulgated by the school board, prohibiting a pupil from attending school for
a period of no more than ten school days.”
-121A.41 Subd. 2

“Expulsion means a school board action to prohibit an enrolled pupil from


further attendance for up to 12 months from the date the pupil is expelled.”
-121A.41 Subd. 5

No public school shall deny due process or equal protection of the law to any
public school pupil involved in a dismissal proceeding which may result in
suspension, exclusion, or expulsion.
-121A.42

Outlines procedures & policies to assure compliance with the 14th


amendment.
Intro to Student Discipline
Summary of School Law & The Public Schools | Ch 3 Student Rights & Restrictions

“School suspensions require that substantive & procedural provisions of due


process be met. Due process of law is a fundamental right guaranteed to
citizens of the United States under the 14th Amendment of the Constitution.”
- P. 88, School Law & The Public Schools (6th Edition)

The essential element of due process is fundamental fairness, which


means a fair hearing, a fair trial, and a fair judgement.
Key Case - IRAC Group Activity
Goss v. Lopez

Issue: What is the issue the court is trying to resolve?

Rule: What is the law or precedent the court is applying?

Analysis: How did the court apply the law to the facts ?

Conclusion: What was the ruling of the court?


Key Case - IRAC Summary
Goss v. Lopez

Issue: What is the issue the court is trying to resolve?


Did the Columbus Public School System violate the Appellees’ due process rights when it
suspended each without having a hearing?

Rule: What is the law or precedent the court is applying?


Student’s have a legitimate property right in their education, which is protected by the Due
Process Clause. This right cannot be taken away without appropriate procedural hearings.

Analysis: How did the court apply the law to the facts?
It held that a public school must conduct a hearing before subjecting a student to suspension.
Also, a suspension without a hearing violates the Due Process Clause of the 14th Amendment
of the US Constitution.

Conclusion: What was the ruling of the court?


Ohio may not withdraw the right to an education on the grounds of misconduct absent fair
procedures to determine if the misconduct has occurred.
Administrative Takeaways
Suspensions (p. 87-5th edition)

1. Must give adequate notice to students and parents regarding the rules. Clearly communicated to all.

2. Record should be compiled including: Alleged infraction, time of occurrence, place of occurrence, witnesses,
previous efforts made to remedy alleged behavior

3. Provide student notice and a brief informal hearing

4. Oral or written notice to student outlining charges, evidence, and offered a chance to refute.

5. There is no delay needed before discussing the charges or holding a hearing, since there is no intent for
permanent removal.

6. School officials should listen to all sides and offer uninterrupted talk time for students.

7. Parent/guardian should be made aware of the hearing and it’s results through written notice
Activity - Text Rendering Protocol
Box Cutter Case (Exploring Zero Tolerance policies)

Intro Video: MN Student Expelled for Knife in Locker - https://tinyurl.com/ya799awq

1. Read - Box cutter was for work... - http://tinyurl.com/y88zrpf2 & Its Back to
school...http://tinyurl.com/yc724m8g
2. Mark - the sentence, phrase & word that is significant to you.
3. Share - text you marked in your small group, start with sentence (record &
prepare for discussion)
4. Discuss - Large group share out -
a. What does what we heard say about this article?
b. Do the one words we selected as a whole summarize the article?

-Protocol from National School Reform Faculty


Alarming Data Points
What most of us know...

- Black students are 3 times more likely to be suspended or expelled than


white students.
-US Department of Ed., Office for Civil Rights (2014)

- American Indian & Native Alaskan students are also disproportionately


suspended & expelled, representing less than 1% of the student
population but 2% of out Of school suspensions and 3% of expulsions
(2014)
--US Department of Ed., Office for Civil Rights (2014)

- In Minneapolis Public Schools, data shows that black students are 10 times
more likely to be sent home from school than white classmates (2014).
-Matos, Alejandra (2014). Star Tribune. Minneapolis schools to make suspending children of color more difficult

Countless other data points demonstrate disproportionate discipline practices and a need for change.
Activity & Discussion
Is school discipline approach too subjective?

As future Administrators how can we insure objective fairness


when handling behavior concerns?

1. Read -
a. Restorative Practices Trainers Guide - http://tinyurl.com/y7pfvqt2
b. A Resource Guide for Improving School Climate & Discipline -
http://tinyurl.com/y9zleqfw
c. MN Compilation of School Laws & Regulations -
http://tinyurl.com/yckkvb36

2. Share - Group feedback on article & question.


Additional Info: Administrative Takeaways
Expulsions (p.91 6th edition)

1. Students, parents, or legal; guardians should be informed based on school/district policy for specific infraction.
(Should be informed of their Fourteenth Amendment)

2. A written notice must be furnished to the students well in advance of hearing.

3. At Minimum the following procedural steps should be followed:


a. Written notice of charges
b. Right to fair hearing
c. Right to inspect evidence
d. Right to present evidence on student’s behalf
e. Right to legal counsel
f. Right to call witness
g. Right to cross-examination & to confrontation
h. Right against self-incrimination
i. Right to appeal

Follow these steps to meet standards of due process & fundamental fairness.
Resources

- Essex, Nathan L. (2012). School Law And The Public Schools: A Practical Guide for Educational Leaders (Fifth
Edition). Upper Saddle River, New Jersey: Pearson Education, Inc.

- Matos, Alejandra (2014). Star Tribune. Minneapolis schools to make suspending children of color more difficult.
Retrieved from
http://www.startribune.com/mpls-schools-to-make-suspending-children-of-color-more-difficult/281999171/

- MN Statutes, MN Pupil Fair Dismissal Act (1974). 121A.40 to 121A.56. Retrieved from
https://education.state.mn.us/mdeprod/groups/educ/documents/basic/mdaw/mda2/~edisp/006059.pdf

- U.S. Department of Education Office for Civil Rights (2014). Civil Rights Data Collection: Data Snapshot (School
Discipline), p. 1. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf

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