Chapter Twenty-one

DISCIPLINE AND SCHOOL SAFETY

Note: the purpose of this chapter is to provide a summary of the topic. The board should seek the advice of its attorney when dealing with any student discipline matter. State law requires local boards of education to make and adopt rules, regulations and bylaws for the conduct of pupils. These must be consistent with Kentucky’s general school laws and are binding on the local board and parties dealing with it until the board amends or repeals them.

LOCAL CODE OF ACCEPTABLE BEHAVIOR AND DISCIPLINE:

THE BOARD’S RESPONSIBILITY

State law requires the Kentucky Department of Education to develop statewide student discipline guidelines and recommendations designed to reduce the dropout rate in the state's public schools. The guidelines are to be broad principles to assist local districts in developing their own code. The department, with assistance from the Kentucky Center for School Safety, must provide technical assistance to those districts requesting assistance with dropout prevention strategies.

State law also requires each local district to complete a district-level assessment of district-level data, resources, policies and procedures, and district-wide needs as identified from the individual school assessment process. Local community agencies, including law enforcement and the courts, must be involved. School boards also are required by law to adopt a local code of acceptable behavior and discipline with a description of instructional placement options for threatening or violent students.

The code of acceptable behavior and discipline applies to students in all schools operated by the board. The code must contain the type of behavior expected from each student, the consequences of failure to obey, and must stress the importance of the standards to maintaining a safe environment where orderly learning is possible and encouraged. Copies of the code are required to be widely distributed -- posted at each school, given to guidance counselors for discussion with students, and given to all school employees and parents. The code is required to be referenced in all school handbooks.

The board must establish a process for a two-way communication system for teachers and other employees to notify a principal, supervisor, or other administrator of a violation of the code.

The Kentucky Attorney General's office has opined that board members can be removed from office for failing to control students (OAG 56‑38.720).

RESPONSIBILITY AND AUTHORITY

By law, the superintendent must see that state laws are carried out relating to the schools; the bylaws, rules, and regulations of the state board of education; and the regulations and policies of the district board of education. He/she has general supervision, subject to the control of the board of education, of the discipline of pupils. The superintendent, or his/her designee, is responsible for overall implementation and supervision of the code of acceptable behavior and discipline.

The principal is responsible for administration and implementation within the school of the district code of acceptable behavior and discipline. The authority of principals and teachers comes from state law and regulations, which require that public school teachers and administrators hold pupils accountable for their conduct on school premises, on the way to and from school, and on school-sponsored trips and activities.

The statute providing for school‑based decision making (SBDM) requires school councils to adopt policies for the selection and implementation of discipline and classroom management techniques, including responsibilities of the student, parent, teacher, counselor, and principal. The council is required to select and implement the appropriate discipline and classroom management techniques necessary to carry out the district code of acceptable behavior and discipline.

SUSPENSION AND EXPULSION

Suspension and expulsion are terms used to define the removal of a student from the school setting. A suspension is the shorter of the two, and normally does not exceed 10 days. Expulsion is of a longer duration and is used when a student exhibits serious misbehavior or when other measures of discipline have failed to control the misbehavior. The superintendent, principals, assistant principals and head teachers have the authority by law to suspend a student (KRS 158.150), but must report the action immediately to the superintendent and to the parent, guardian, or person having legal custody.

By law, only the board of education can expel a student. Expulsion may not occur until the parent, guardian, or person having legal custody or control of the pupil has had an opportunity to have a hearing before the board. The decision of the board is final, though parents may appeal the expulsion to circuit court. Expulsion hearings are held before the board of education, with the student and the student’s parents being afforded due process rights at that hearing.

State law requires the local board adopt a policy requiring the expulsion from school for a period of not less than one year for a student it determines has brought a weapon to a school under its jurisdiction. However, the board may make exceptions to the expulsion on a case-by-case basis. The board is also required to adopt a policy requiring disciplinary actions, up to and including expulsion from school, for a student that it determines:

· Possessed prescription drugs or controlled substances for the purpose of sale or distribution in a school under the board’s jurisdiction; or

· physically assaulted, battered or abused educational personnel or other students at a school or school function under the board’s jurisdiction.

School administrators, teachers, or other school personnel may immediately remove or cause to be removed threatening or violent students from a classroom setting or from the district transportation system pending any further disciplinary action that may occur.

Sometimes a student who is suspended or expelled in one district, or who is facing a suspension or expulsion, withdraws from the first district and becomes a resident of a second district by moving in to the second district and seeks to enroll avoiding the suspension or expulsion. The expulsion statute, KRS 158.150, allows the receiving district to review the previous behavior, whether in a public or private school in this state or out, before granting the student the right to enroll to determine if the student will be permitted to enroll and if so under what conditions. Before denying entry the student will have a right to due process and thus a district should consult with local legal counsel before making such a determination. If a student seeks to enroll as a nonresident the receiving district is not obligated to accept a student currently under a suspension or expulsion in another district as long as the denial is based solely on the discipline and is not otherwise discriminatory. Furthermore, if the district is not accepting any nonresidents from the district of origin the student may be denied enrollment on that basis.

SERVICES FOR EXPELLED STUDENTS

Educational services must be provided to an expelled student unless the board determines:

· There is “clear and convincing evidence” the student posed a threat to the safety of other students and staff; and

· The student cannot be placed into a state-funded agency program.

The expulsion statute, KRS 158.150, contains a definition of the types of behavior which may be considered a threat.

The board should consult an attorney and gather as much information as possible when determining that a student is to be expelled without educational services. If a student is identified under the Individuals with Disabilities Education Act (IDEA) or Section 504 regulations, different rules will apply that may affect both the disciplinary process and potential options. In those cases, it is necessary for the board to consult with legal counsel on special education laws before taking any action.

DATA COLLECTION

School districts are required by law to report to the Kentucky Department of Education by sex, race, and grade level:

1. All incidences of violence and assault against school employees and students; incidences of possession of guns or other deadly weapons on school property or at school functions; and incidences of the possession or use of alcohol, prescription drugs, or controlled substances on school property or at school functions.

2. The number of arrests, the charges, and whether the injured party pursued civil damages.

3. The number of suspensions, expulsions, and corporal punishments.

Schools are required to assess school safety and student discipline. Without this assessment, they are not eligible for state school safety funds. The assessments include:

· Reports of school incidents relating to disruptive behaviors.

· The school’s behavior and discipline codes for clarity and appropriate notice to students and parents.

· The school’s hierarchy of responses to discipline problems and actual disciplinary outcomes.

· Training needs for instructional staff in classroom management, student learning styles, and other specialized training to enhance teachers’ capacity to engage students and minimize disruptive behavior.

· The array of school services to students at risk of academic failure, dropping out, or being truant.

· The engagement of parents at the earliest stages of problem behavior.

· Training needs for students in anger reduction, conflict resolution, peer mediation, and other necessary skills.

· Training needs of parents.

· School council policies relating to student discipline and student information.

· The school’s physical environment.

· The school’s student supervision plan.

· Components of the school improvement plan or consolidated plan that focus on school safety and at-risk students, and the effectiveness of the components.

· Other data deemed relevant by the school council or school administration.

QUESTIONS

v If the council is required to adopt a policy on the responsibilities of students and school personnel, and for the selection and implementation of discipline and classroom management techniques, isn't this the same as the board's discipline code?

The district code is the governing document. The council may adopt discipline provisions specific to the school, as long as the provisions carry out the intent of the district code and don’t conflict with the district code.

v Can the council suspend or expel a student?

No. Only the board can expel a student, and only the superintendent, principal or head teacher may suspend a student. However, school personnel may remove threatening or violent students from the classroom setting, pending administrative action.

v If the principal suspends a student for three days and the superintendent believes that the suspension was not long enough, can the superintendent increase the number of days of the suspension?

Yes. The principal has the authority to suspend a student for any number of days up to 10. If the suspension is for less than 10 days, the principal should suspend pending a report to the superintendent. Following this, the superintendent may increase the number of days to a total of 10 if he/she feels additional days are warranted.

v May the number of days be reduced?

The number of days may be reduced.

v May the board of education regulate the conduct of students going to and from school?

The district code of conduct may address student conduct on the way to and from school, for example, at the bus stop or while on a school bus.

v Can the local board adopt a policy limiting the number of days a student may be suspended? Can the board require a specific number of days of suspension for misbehavior?

Yes. However, the student must be given due process.

v Can the local board conduct an expulsion hearing without the superintendent's recommendation that a hearing be conducted?

Yes. The superintendent’s recommendation is not required. In some cases the recommendation for expulsion is made by the principal.

v Since the required data collected concerns students, is the data subject to an Open Records Act request?

Once data is compiled and the data is not personally identifiable with specific students, it is subject to an Open Records request. Parents are concerned with safety and discipline in schools, and the board should consider a method of releasing this data to the public.

Some controlling statutes and regulations for this chapter: KRS 158.150; KRS 158.444 (data collection); KRS 160.290

For a thorough and practical explanation of student discipline law, please contact KSBA to obtain a copy of Kentucky Student Discipline‑‑Desk Reference by KSBA staff attorney J. Stephen Kirby.

# # #

Kentucky School Boards Association

Navigation