Education for Justice FACT SHEET Y-6 Fall 2009
STUDENT DISCIPLINE
When a student gets into trouble at school, the school must follow the law. All districts must have a discipline policy. A student can be kept out of class for a class period, the day or many days. If the bad behavior continues, the student could be expelled. Ask your child’s school for a copy of their discipline policy. Know what legal rights your child has.
WHAT DISCIPLINE CAN THE SCHOOL USE?
Removal: A student is kept out of a certain class or activity.
Suspension: A student is not allowed to go to their school for 1-10 days.
Expulsion: A student is not allowed to go to their school, or any other school in the district, for up to 12 months.
Exclusion: A student is not allowed to enroll or re-enroll in a school for the rest of the school year.
WHAT BEHAVIOR CAN A STUDENT BE DISCIPLINED FOR?
· Fighting – Students are disciplined for fighting, pushing or shoving. Two students who get into a fist fight could be suspended. It may not matter who started the fight. A child who attacks another child can be expelled.
· Disrespect – Students can be suspended for disrespecting their teacher. A student who does not do what a teacher asks or talks back to the teacher using bad language can be removed or suspended.
There are many other reasons that students can be disciplined by the school. But the child’s actions have to be on purpose and the child had to know about the rules.
WHAT MUST THE SCHOOL DO BEFORE THEY SUSPEND MY CHILD?
1. Informal Administrative Conference
The school must:
· Have your child meet with a school administrator,
· Tell your child the reason for suspension, and
· Let your child explain his/her side of the story.
The school does not have to have a conference if there is an “immediate and substantial danger” to other students or to your child.
Parents do not have a right to attend this conference. Some schools want parents at the conference. Or they may set another meeting with parents to talk about the child’s behavior. Parents can have others who are involved in the child’s life attend the meeting if they make a request in writing.
If your child has a
disability, additional rules apply to the school. School staff should figure out how to deal
with the behavior taking the disability into account.
2. Alternative Educational Services
The school has to give alternative educational services for any suspension that is longer than 5 days. For any suspension, the school should give your child homework so your child does not fall behind in classes.
3. Written Notice to Parent
The school must give your child a written notice that tells:
· The reason for the suspension,
· What happened,
· What your child and any witnesses said about it,
· A plan to re-admit your child to school, and
· A statement of your child’s legal rights.
Your child must get this notice before or at the time of suspension. The school must also mail you a copy within 48 hours of the conference. They must also try to phone you as soon as possible following suspension.
If your child is disciplined or removed from school, call
your legal aid office for help or referrals, or call the Legal Aid Education
Law Project in
|
MN
Legal Services Coalition |
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