Student Discipline and Due Process

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Student suspension, temporal removal from a school or class, is an action towards disobeying this school’s code of conduct. In Los Angeles County school district, the school board policy protects students from unfair suspension by identifying specific due process. The County Board aims to ensure that students receive a wide range of educational opportunities in the school environment that promotes overall well-being and safety (Mowen & Brent, 2016). This paper focuses on examining the requirements for short- and long-term suspension of students in Los Angeles County.

The Los Angeles County Office of Education (LACOE) sets the standards of behavior and clarifies the disciplinary process for their violation. The foundations for both short-term and long-term suspension can only include consideration, recommendation, and implementation that are mentioned by the office (“Suspension and expulsion/due process,” 2017). The appropriate use of suspension authority implies that suspension can be applied when other means of correction did not work. A student’s family should be notified when a teacher observes the escalating misbehavior. It is important to note that students cannot be suspended for absenteeism, truancy, or lateness. These procedures are common for suspension in both long- and short-term periods (Camacho & Krezmien, 2020). With the aim of ensuring proper supervision, specific reasons for suspension are listed by Los Angeles County school district. The key grounds for suspension are hate violence, physical injury, firearm, and other dangerous item use, robbery, damage to property, and so on.

The short-term suspension can be set on the period up to 10 days based on the investigation by a principal, designee, or the County Superintendent. In case parents want to appeal the suspension, it should begin with the suspending administrator. The written request for appeal is to be completed within three school days, and the principal’s decision is to be sent to parents. To appeal this decision, parents can refer to the LACOE that will review the actions of the principal and behavioral records of the student.

The long-term suspension, also known as expulsion, is enacted for more than 11 days yet less than 365 days. The County Board can be connected to file an appeal within 30 days from the decision of the administrative panel. During the hearing, the Education Code 48922 and BP 5144.3 are to be used to make a final verdict. The same procedures and grounds are considered to suspend a student with disability, who is subjected to the Individuals with Disabilities Education Act (IDEA) (“Suspension and due process (students with disabilities),” 2017). However, suspension can last for up to 10 days for single misconduct, and up to 20 days can be given for a change of placement caused by disciplinary reasons (Gordon, 2017).

The suspension requirements of the Los Angeles County are consistent with Goss v. Lopez (1975) that implies hearing before suspending a student. Namely, the notice of suspension should be sent to a parent care provider to clarify the violation (Mott, 2016; “Student discipline sample forms,” n.d.). The Administrative Hearing Panel is to be organized to ensure the rights of a student, which are guaranteed by the Fourteenth Amendment of the US Constitution (Black, 2018). The Expulsion Review Committee (ERC) hearing should include relevant and reasonable evidence (“Student expulsion procedures,” n.d.).

Thus, the requirements for short- and long-term suspension of students are different to some extent regarding the appeal periods and review issues. The grounds and procedures for suspension and expulsion are similar, while the main goal is to make sure that students’ rights are protected, and a safe learning environment is provided to all the students. The hearing before a decision is required by the LACOE, as it is also shown in Goss v. Lopez (1975).

References

Black, D. W. (2018). The fundamental right to education. Stanford Law Review, 94, 735-759.

Camacho, K. A., & Krezmien, M. P. (2020). A statewide analysis of school discipline policies and suspension practices. Preventing School Failure: Alternative Education for Children and Youth, 64(1), 55-66.

Gordon, V. H. (2017). Disciplining students receiving special education. Online Submission, 1-9.

Mott, D. (2016). The due process clause and students: The road to a single approach of determining property interests in education. University of Kansas Law Review, 65, 651-678.

Mowen, T., & Brent, J. (2016). School discipline as a turning point: The cumulative effect of suspension on arrest. Journal of Research in Crime and Delinquency, 53(5), 628-653.

Student discipline sample forms. (n.d.). Web.

Student expulsion procedures. (n.d.). Web.

Suspension and due process (students with disabilities).(2017). Web.