EDUC 5387 School Law

Dr. P.J. Winters

Student
Disciplinary Issues
Elizabeth Mason-Smith
Reece McConnell
Sandra Zaragoza
According to the Education Law Center, School discipline
serves the important purpose of maintaining safe and
orderly learning environments in our schools, but research
shows that an emphasis on harsh, punitive practices, such
as "zero tolerance" policies, does not improve school
safety. Instead, student behavior and learning outcomes
can be improved through the use of an evidence-based
approach known as school-wide positive behavior support.
Students act out in a variety of ways, impacting their own ability
to learn as well as those around them. Some of the types of
disciplinary problems that are most common are:
Disrespect - students speak and act in a disrespectful way to
adults and peers
Defiance - students openly refuse to listen to adults or follow
directions
Bullying - students consistently intimidate others, often to
make themselves feel better
Aggression - students become physically or verbally violent
 School Discipline Data Snapchat

NOTE: Detail may not sum to 100% due to rounding. Totals: Enrollment is 49 million students, in-school suspension is 3.5
million students, single out-of-school suspension is 1.9 million students, multiple out-of-school suspension is 1.55 million
students, and expulsion is 130,000 students. Data reported in this figure represents 99% of responding schools.
Source: U.S. Department of Education, Office for Civil Rights, Civil Rights Data Collection, 2011-12.
NOTE: Detail may not sum to 100% due to rounding. Totals are 49 million students for overall enrollment, 260,000
students referred to law enforcement, and 92,000 students subject to school-related arrests. Data on referrals to law
enforcement represents 98% of schools and data on school related arrests represents 94% of schools in the CRDC
universe.
Source: U.S. Department of Education, Office for Civil Rights, Civil Rights Data Collection, 2011-12.
NOTE: Detail may not sum to 100% due to rounding. Figure represents 99% of schools, including 49.7 million students
enrolled and over 37,000 students subject to seclusion.
Source: U.S. Department of Education, Office for Civil Rights, Civil Rights Data Collection, 2011-12.
Major Cases
Case #1: In the Matter of B.M., 1999

Removal to a DAEP
Playful banter can be considered threatening. As In the case
above, the school administrator seized a red tag from the back
pocket of a student, because it violated the dress code. The
student asked for it back and threatened to get his gun and
shoot the administrator.
According to Penal Code 36.06 defines retaliation as any
unlawful conduct directed against a public servant or official in
retaliation for the public sernats or officials performance of
official duties.
Case #1: Critical Analysis

A criminal case such as this demonstrates the

scope of the meaning of the word retaliation.
The student who vandalized or assaults a
teacher off campus in retaliation for the
teachers performance of job duties must be
taken out of school to DAEP.
Students need to be aware of these offenses.
The scare tactic works most of the time.
 Case #2:
Payne v. Peninsula School District (2010)
Windy Payne (Payne), the mother of D.P., an autistic
student, appeals from the district court's dismissal without
prejudice of the suit she brought on D.P.'s behalf for
negligence, outrage, and 1983 violations.1 Her claims
were predicated on D.P.'s constitutional rights and statutory
rights under the Individuals with Disabilities Education Act
(IDEA). The district court found that it lacked subject
matter jurisdiction over Payne's federal claims because
Payne failed to exhaust her administrative remedies before
coming into federal court.2 We have jurisdiction pursuant
to 28 U.S.C. 1291 and agree.
Case #2: Critical Analysis

A student with a DISABILITY makes it

challenging to choose the accurate DISCIPLINE
action because you have to make sure it is not
based upon the actions included in their
disabilities. It is very helpful to have an IEP for
that student to guide you, however you are to
use your best judgement at all times. If there is
something that might go wrong then the parent
must use all ADMINISTRATIVE REMEDIES
before moving forward.
 Case #3:
Ingraham v. Wright
The Supreme Court ruled against James. The Court said
that reasonable physical discipline at school doesn't
violate the Constitution. The Eighth Amendment, the
Justices said, was designed to protect convicted criminals
from excessive punishment at the hands of the
governmentnot school children who misbehave.
The Court, however, did direct teachers and principals to
be cautious and use restraint when deciding whether to
administer corporal punishment to students. The Justices
suggested that school officials consider the seriousness
of a student's offense, the student's attitude and past
behavior, the age and physical condition of the student,
and the availability of a less severe but equally effective
means of discipline.
 Case #4:
Baker v. Owen

The Court established guidelines for

administering corporal punishment
determining that students must be warned in
advance, other forms of behavior modification
must be tried, only reasonable force can be
used, parents must be notified, and there must
be an adult witness. (395 F. Supp. 294 - Dist.
Court, MD North Carolina, 1975)
Case #3 & #4: Critical Analysis

- Schools must have permission from the

parents in order to issue corporal punishment
(Baker v. Owen)
- School staff cannot use excessive force when
administering corporal punishment ( Flores v.
School Board of DeSoto Parish)
- Consider the age of the student and past
offenses (Serafin v. School of Excellence in
Education)
- Have a witness when issuing corporal
punishment so that you have someone elses
story if you are taken to court.
Futuristic Implications
 Preventative Measures

There will be a school wide initiative as to

prevent any further student discipline issues.
There will be district policies in place for
improving student discipline. The following
slides will provide specific measures that will
be implemented.
 - In the future, I think it will be very important for schools to be very
careful when determining who will receive corporal punishment and
when they receive it.

- It is becoming less common and now corporal punishment is only

legal in 22 states and schools have a right to decline from using it.
When working at a school I think it is important to figure out if this is
something that is used or not at that specific district.

- Schools need to make sure they have parents permission before

administering or they could have a lawsuit on their hands.

- Dont consider corporal punishment as the only option. Consider it the

final option.
Consider these punishments before using corporal punishment:

-Sending a note home to parents

-Change the students seating arrangements
-Detention
 Student Code of Conduct TEC 37.001(a)
TEC requires each district
to adopt a student code of
conduct that will specify
standards for student
conduct and outline the
types of behavior that might
get a student in trouble at
school.
The following rules
will be followed
school wide.
Teachers will be
explained to
explicitly model
these expectations.
Using expectations
versus rules gives a
less negative
connotation.
 Character Word of the Week-Student of the
Week
Everyone likes praise and rewards.
Rewards come in many varieties. Our
assistant principal and counselor will
organize a good character program that
will encourage students to behave and
become great citizens. Teachers choose
these students. Every week one student
from each grade level is chosen for the
student of the week. Weekly, one student
from each class is chosen for the
character student.
Pictures are taken of all of the students
and shown in our district bulletin and on
social media sites of the district.
 Outreach Programs
With the widespread public
perception that educators have lost
control of students.

The era of student rights has left

ACE educators fearful of litigation and
hamstrung in dealing with
Boys & Girls disruptions in the school setting.
Club Prevention of all of these matters
will lessen the fear and eventually
reduce if not eliminate any litigations
for educators in public schools.
 Chapter 37

Student discipline in Texas is covered by

chapter 37 of the Texas Education Code.
Originally enacted in 1995. Governor Bush
and other key players desired to return local
control as to let the local people decide.
However, the legislature got to Chapter 37
have state law more control over student
discipline.
Education and discipline

*SOMETHING TO REMEMBER*

The LAW is designed to EMPOWER

educators to MAINTAIN discipline and an
orderly environment.
 References

Baker v. Owen. (n.d.). Retrieved May 26, 2017, from http://usedulaw.com/174-baker-v-owen.html

Civil Rights Data Collection: Data Snapshot (School Discipline). (2014). U.S. Department of Education Office for Civil Rights, 1-24.

(n.d.). Retrieved May 25, 2017, from http://www.nytimes.com/learning/teachers/featured_articles/20080915monday.html

Management Strategies for Teachers: Disciplinary Problems in the Classroom: Types & Causes. (2017, May 20). Retrieved from
Study.com: http://study.com/academy/lesson/disciplinary-problems-in-the-classroom-types-causes.html

Student Discipline. (2017). Education Law Center.

Walsh, J., Kemerer, F. R., & Maniotis, L. (2014). The educator's guide to Texas school law. Austin, TX: University of Texas Press.

Walsh, M. (2008, June 17). The Supreme Court and Corporal Punishment. Retrieved May 29, 2017 from
http://blogs.edweek.org/edweek/school_law/2008/06/the_supreme_court_and_corporal.html