ERIC Number: ED457287
Record Type: Non-Journal
Publication Date: 2001-Feb
Fairness in School Discipline: The Rights of Public School Students.
Education Law Center, Inc., Newark, NJ.
The law has developed extensive rights and procedural safeguards that allow for the removal of overly disruptive and dangerous students while also protecting students from arbitrary and wrongful disciplinary action. This report describes New Jersey legislation intended to support fairness in discipline. Part 1 examines: sources of authority for school discipline; duty to prevent suspension and expulsion; grounds for suspension and expulsion; distinctions between suspension and expulsion; procedural requirements; discipline rules for various types of assault, gun possession at school, and gun conviction; removal from school due to suspected substance abuse; search and seizure; loss of privileges and community service; what to do at board of education disciplinary hearings; the appeal process; alternative education and home instruction during long-term suspension, expulsion, and removal; grades and academic credit; student records; corporal punishment; and liability for unconstitutional suspension or expulsion. Part 2 examines the rights of children with disabilities in discipline matters; e.g., the school district's affirmative obligation to address behavioral problems, right to stay put during discipline proceedings, procedures, and services for short-term suspensions, appropriateness of interim alternative educational setting, right to bring complaints challenging discipline under the Individuals with Disabilities Education Act, and emergency relief. (SM)
Descriptors: Behavior Problems, Disabilities, Discipline, Educational Legislation, Elementary Secondary Education, Equal Education, Expulsion, Nontraditional Education, Public Schools, School Safety, State Legislation, Student Behavior, Student Rights, Substance Abuse, Suspension, Weapons
Education Law Center, 155 Washington St., Ste. 205, Newark, NJ 07102 ($1). Tel: 973-624-1815; Fax: 973-624-7339; Web site: http://www.edlawcenter.org.
Publication Type: Guides - Non-Classroom
Education Level: N/A
Authoring Institution: Education Law Center, Inc., Newark, NJ.
Identifiers - Location: New Jersey