Hiring an Attorney for a School Expulsion Hearing Essay

Attempting to obtain information about the district lawyer was harder than I thought. Not lot information was provided. According to the administrators usually in an elementary setting are not so common encounter litigations. Because I was not able to contact the district’s lawyer, the administrator assist me answering some of the questions presented here. The relationship between the law and my school are base in basic standards as curriculum adoption, testing and establishing standards, free and appropriate public education, determining where students can attend school, but nothing as a big litigation against the school. Also, it is addressed the differences in legal framework

from school or aspects of school life (such as recreation times, visits and rewards). In certain

Causing Major Damage, Vandalizing School Property or the Property of Others That May Cause Potential Disruption to the

Lago Vista Independent School Distict. Gebser and her teacher had a sexual relationship that lasted for almost 2 years. The two were caught in the middle of having relations. The teacher was arrested by the local police department and his license were revoked by the state. Gebser never notified administrators or staff about the relationship between her and the teacher. Her parents tried to file a case on the school district for damages and monetary payment. The court ruled in favor of the school district. This case was very interesting and unique in many ways. I support the decision of the court on no to reward the victim monetary payment. Gebser never tried to notify anyone about the situation, it was more so enjoyment for her. This school district was very proactive and moved very quickly after finding out the

Often times it’s the student’s needs and the school being unable to meet the student’s needs that lead to the student being disciplined. Kids who are behind academically, and unable to perform at the same level as their peers often act out in frustration or humiliation (Noguera, 2003). Once these students are labelled as difficult, incorrigible, and unteachable they tend to believe these things about themselves and act out more in class which leads to a cycle of discipline that can ultimately lead to permanent expulsion. For some of these students, these continued rule violations lead to run-ins with the police and the criminal justice system. School administrators who are at times frustrated themselves from failed attempts to steer children from a “bad path” don’t realize that in throwing their hands up and giving up on these students, are in a way helping shuttle students from school to the penitentiary (Noguera, 2003).

Perform a search in the University Library databases and locate four school-related court cases (with outcomes decided), two which involve educators as defendants and two which involve students as defendants. Fill in the table below. When you give your informed opinion, state and discuss whether you agree or disagree with the outcome. Base your opinion on legal and ethical standards as discussed in Ch. 9 of the text. If you do not agree with the outcome, explain what would have been just. Base your explanation upon the rights and responsibilities of those involved. Cite your sources in APA format below the table.

In addition, we used the 2015 Florida School Laws book and the Florida State Statutes to review the K-20 Education Code. The major topics of the summary paper were bullying, due process, and FERPA. To complete the summary, I read through many legal documents, such as the Duval County School Board Policy Manual Chapter 10, Duval County Code of Conduct, Fla. Stat. §1006, §1002, §1003, and the U. S. Constitution. According to the state statutes, every school district must have a student code of conduct that includes a bullying and harassment policy. This document provides the foundation for student expectations and responsibilities at school, school-related activities, and situations that affect school culture. The state statutes specify the responsibilities and obligations of teachers regarding supervision and discipline of students. Teachers must make all decisions in the best interest of students in academics and safety. Due process of law and equality are guaranteed in the Fourteenth Amendment and forbid the basic rights of life, liberty, and property from being unfairly taken away. Substantive due process refers to government guidelines and rules that deny students of their fundamental rights. Procedural due process is a way of making sure the school system provides fair and appropriate measures to

The school’s rules were provided in student handbooks that were given to every student at the beginning of the year, and the rules are also posted in each of the classrooms on campus. The parents and student received detailed oral and written notice of the charges against the student, which provided information about the incident and evidence the administrator discovered. Since this student’s action presented an immediate danger the administrator was able to immediately remove the student from school without advance notice to the parents, however, the parents were told of the incident in a timely

suspend the person from any activity in the school premise under the heading of alleged

Originally created as a discipline action of last resort for students who cause unsafe or threatening environment or substantive clear and present danger with threats of violence and are possession of weapons in the school, out of school suspension are now being used to address minor offenses such as disobedience, disrespect, attendance issues, or other general disruptions (Stinchcomb, Bazemore & Riestenberg, 2006). Suspension were used judiciously and cautiously as the impact on the student and the perceptions of that suspension by the community was understood to be socially debilitating and cast the student and the family in a bad light (Advancement Project, 2015). It was not until the move towards school reforms in the

KRS 525.070 (2008) states that a person is guilty of harassment when, with the intent to intimidate, harass, annoy or alarm another person, he or she, being enrolled as a student in a local school district, and while on school premises, on school -sponsored transportation, or at a school-sponsored event, a student does one of the following: (1) Damages or commits a theft of the property of another student, (2) substantially disrupts the operation of the school, or (3) Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the

The California Superintendent of Public Instruction was the petitioner in this case. Honig was seeking permission from the court to remove students from the school setting who displayed violent behaviors without following the procedural safeguards outlined in the Education Handicapped Act (EHA). The EHA (now the Individuals with Disabilities Education Act or IDEA) requires schools receiving federal funding to provide a free and appropriate public education (FAPE) for all students with disabilities (Essex, 2012). Council for Honig was hoping the court would grant a “dangerousness exception” to the “stay put” rule. Thus, giving schools latitude in suspending and expelling students with disabilities who exhibit serious disruptive behavior. The respondents were two students from the San Francisco Unified School District (SFUSD) was identified as being emotionally disturbed and were suspended based on their persistent and aggressive behaviors. In both cases the students were suspended and/or recommended for expulsion by the school district without a hearing. The first respondent “John Doe” had been suspended multiple times for serious physical violence, such as choking a peer. The second respondent, “Jack Smith” schedule was reduced to half days due to his

This letter is being written in efforts to appeal the sanction on behalf of Kardaire Wright who is currently subject to our deepest concern. The incident that transpired between Mr. Wright and the victim Friday, November 10, 2017 was unacceptable and intolerable to the safety, expectation, values of Clarendon School District One. It is with immense regret and chagrin that Mr. Wright, who is a part of the Promise School program made such a poor decision to allow his anger, impulse, pride, and immaturity to get the best of him.

The Lancaster, Pennsylvania school district has pushed the group of students for the past three years towards disciplinary high school by denying the

Even though the details of required procedures must be gleaned from state statutes and school board regulations, courts have held that students facing expulsion from public school are guaranteed at least minimum due process under the Fourteenth Amendment (see Figure 8.2 for procedural elements). The procedural safeguards required may vary, depending on the circumstances of a particular situation. In a Mississippi case, a student and his parents claimed that prior to an expulsion hearing, they should have been given a list of the witnesses and a summary of their testimony. Recognizing that such procedural protections generally should be afforded prior to a long-term expulsion, the Fifth Circuit nonetheless held that they were not requisite