Posts tagged with "student misbehavior"

Categories of Student Misbehavior Qualifying for Suspension

Categorizing Misbehavior

When a student misbehaves at school, he or she may be punished with a suspension in one of three categories: the behavior

  1. violated a publicized school policy;
  2. seriously disrupted the educational process; or
  3. endangered persons or property.[1]

As a parent, it is important that you understand what conduct qualifies as prohibited conduct, and in some instances you may be able to contest the characterization.

Violation of Publicized School Policy

School boards have the statutory authority to draft disciplinary rules and policies that apply to student conduct within their district. To that end, they utilize student handbooks, which are distributed to each child at the beginning of the school year, that specifically list conduct that is prohibited. Therefore, if and when a student engages in that conduct, school administrators may issue a suspension.

The rules and guidelines found in student handbooks must be clear and understandable so as to give students and parents reasonable notice of prohibited conduct.[2] Furthermore, the rules must not be completely arbitrary: rather, there must be some relationship between the rules and their intended purposes. Admittedly, this is not a difficult standard to meet.

If you are a parent and your child is suspended under this category, you should first review the school handbook to establish whether or not your child actually violated an articulated disciplinary rule. “You will likely be able to make a stronger case for your child during suspension hearings… if you can show that his or her conduct is neither prohibited by the school nor violates any school rules.”[3]

Serious Disruption of the Educational Process

To qualify for this category, a student’s behavior must interfere with the operation of a class, study hall, library, or any meeting that involves student or staff.[4] Even non-serious disruptions that are recurrent or cumulative qualify, though administrators will consider the frequency, number, and severity of these occurrences.[5]

Endangerment of Persons or Property

Finally, “endangerment of persons or property” constitutes conduct that exposes a student to injury, risk, or a harmful situation.[6] A number of student behaviors would fall under this category, including but not limited to:

  • Fighting and bullying
  • Possession of firearms or controlled substances
  • Damage to personal or school property

Written by Lindsay E. Raber, Esq.

Because of the potentially adverse and significant impact a suspension or expulsion can have on a student’s future, it is imperative to seek the advice of an experienced school law practitioner. The lawyers at Maya Murphy, P.C., assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, and Westport. Should you have any questions regarding school discipline or other education law matters, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

 


[1] Connecticut General Statutes § 10-233c.

[2] Crossen v. Fatsi, 309 F. Supp. 114 (D. Conn. 1970).

[3] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., at pp.42.

[4] “Guidelines for In-School and Out-of-School Suspensions,” by the Connecticut State Department of Education, at pp.9. http://www.sde.ct.gov/sde/lib/sde/pdf/pressroom/In_School_Suspension_Guidance.pdf

[5] Id.

[6] Id. at 10.

Suspensions as Disciplinary Tools for Student Misbehavior

Punishing Student Misbehavior 

Under Connecticut law, school administration may punish student misbehavior by issuing suspensions, or excluding a student from school privileges and transportation for up to ten (10) days.[1] This punishment is permitted only when the student’s behavior:

  • Violates a publicized school policy;
  • Seriously disrupts the educational process; or
  • Endangers persons or property.[2]

A showing of only one of these three elements is required if the behavior occurred on school grounds or at a school-sponsored activity. If, however, the conduct occurred off school grounds, suspension is allowed “only if the misbehavior violates publicized policy and seriously disrupts the educational process.”[3] (Emphasis added.)

In-School vs. Out-of-School Suspensions

The Connecticut legislature has shown a preference for in-school suspensions as a disciplinary tool, noting “data showing that out-of-school suspensions actually perpetuated misbehavior and increased the likelihood that students would end up in the juvenile justice system.”[4] Thus, all suspensions must be in-school unless one of two situations arises:

  • The student should not be in school because he or she poses a danger to persons or property or a serious disruption to the educational process.
  • School administrators previously attempted to address the student’s past disciplinary problems and behavior by alternative methods (other than suspensions and expulsions).[5]
Pursuing an Out-of-School Suspension

In addition, the State Department of Education has emphasized mitigating factors that school administrators should take into account before electing to pursue an out-of-school suspension. These include:

  • The age, grade, and developmental stage of the student;
  • The student’s reason(s) for engaging in the misbehavior;
  • The student’s past disciplinary problems and/or likelihood of recurrence;
  • The risk of loss of instruction;
  • Cultural considerations;
  • Extent of support from parents and/or guardians in addressing the misbehavior.

Written by Lindsay E. Raber, Esq.

Because of the potentially adverse and significant impact a suspension or expulsion can have on a student’s future, it is imperative to seek the advice of an experienced school law practitioner. The lawyers at Maya Murphy, P.C., assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, and Westport. Should you have any questions regarding school discipline or other education law matters, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

 


[1] Connecticut General Statutes § 10-233a(a).

[2] Connecticut General Statutes § 10-233c.

[3] Id.

[4] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., at pp.44.

[5] Connecticut General Statutes § 10-233e.