STUDENT DISCIPLINE AND DUE PROCESS
Student’sDiscipline Due Process
Student’sDiscipline and Due Process
Suspension,a debatable topic in the field of discipline within the learningorganizations, refers to a deliberate restriction of one from beingpart of a school program due to an individual misconduct which isagainst the outlined norms. This essay summarizes the disciplineprocess that takes place just before short term and long termsuspension in Helena High School and verifies if they were consistentwith the case of Gross and Lopez.
Suspensionentails imposing a restriction against an individual from attendingschool for a specified period or the exclusion of one from parts of aprogram such as a course due to the violation of outlined schoolrules and regulations. It can be classified as either short-term orlong-term based on the nature of the offense committed by theindividual learner as well as the gravity of time involved. Mainly,short suspension goes up to ten days, and it features the victimmissing minor segments of the school activity while the long-term oneextends to beyond ten days and entails missing key curriculumactivities (Limber & Small, 2013).
InGoss and Lopez case, the Supreme Court clarified that learners whoface charges for have some rights before the intended suspension withnotice of the discipline, explanation of the evidence for the held,and the opportunity of the charged to air his side of the story(Soden, 2015). Specifically, the case of Goss and Lopez portrayed anagreement that due process is such that it doesn’t violate therights of the students facing suspension charges, that is, they musthave an opportunity to air their views.
Suspension,Helena High School
Theboard stipulates various short term processes for Helena High Schoolof Shelby District and directs every sector, including the schoolhead or any other person delegated to hold a discussion meetingexplaining all the alleged violated regulations, evidence of thesame, as well as the outlined punishment to the student WAC392-400-290. An opportunity is then offered to the said student toprovide a view of the same (Kiel, 2010) the parent is informed incase the suspension is beyond one school day and that includesdetails on the length, reasons for intermission as well as the rightto appeal.
Forthe interest of gratification, the short term process could follow, and if the guardian or learner disagrees with the suspension, theright to a one-on-one meeting with the school head or the one incharge is held to resolve the conflict (Kiel, 2010). Hence, the headquestions the guardian or the student as well as the administratorwho imposed the discipline (CEDARS P09). If they don’t reach aconsensus, they can forward the matter to the district superintendentin writing by the school board, and that completes the circuit ofshort-term disciplinary processes in Shelby Schools.
Conversely,long-term suspension presents a procedure that is quite differentsince it is a more formal approach compared to the short term one.Nevertheless, the institution drafts a written notice to the parentinviting them to a hearing before the instructor imposes the decidedsuspension. The contents of the letter are the purported misconduct,the abused rule, and the right to hearing as well as the longevity ofthe punishment. Also, the student is entitled to apply for a hearingwithin three working days before the commencement of the suspensionand is allowed to be in school at that moment (Kiel, 2010).
Oncethe district receives a request for a hearing, it schedules a meetingin the next three days the student is allowed to verify the evidenceand any documents presented. At the trial, they are authorized tohave an attorney, present reports, a witness, have tape recordings ofthe same and a written decision (Limber & Small, 2013). When thestudent and the guardians are not satisfied, they are free to appealwithin three days by the respective parent. The district thenappoints school board or request counsel to do the hearing in tendays. Still, if the learner or parent is dissatisfied with theoutcome at this stage, an appeal to a higher court of the land withinone month of the disputed issue is possible (WAC 392-400-315).
Inconclusion, both short term and long term suspensions of Helena HighSchool have clearly outlined guidelines and in line with Goss andLopez case process.
Kiel,D. (2010). Memphis Dilemma: A Half-Century of Public Education Reformin Memphis and Shelby County from Desegregation to Consolidation,A. U.Mem. L. Rev., 41,787.
Limber,S. P., & Small, M. A. (2013). State laws and policies to addressbullying in schools. SchoolPsychology Review, 32(3),445-456.
Soden,G. W. (2015). Student Rights Under the Due Process Clause…Suspensions from Public Schools Goss v. Lopez. AkronLaw Review, 8(3),7.