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Frequently Asked Questions about: student discipline What's the difference between an expulsion and a suspension? Suspensions are normally ten days or less and are imposed for less serious misbehavior, after the short procedures set out in KRS 158.150 (4) are provided the student. Expulsions are normally for the remainder of the school year, or in some cases one year, and are imposed for more serious misbehavior, or repeated instances of misbehavior, after the due process for students and parents set out in KRS 158.150(5) has been provided. Where are the guidelines for student discipline found? The primary source for student discipline rules is the district discipline code. Each board of education is to adopt a written student discipline code for the district, KRS 158.148. Superintendents and principals are responsible for administering the code. School Councils are responsible for selecting and implementing appropriate discipline and classroom management techniques necessary to carry out the code. Schools may adopt written school specific rules, that augment and are not inconsistent with the district code. Both the district code and school rules are public records, open to public inspection. State statutes also address some aspects of student discipline. For example, KRS 158.150(1) sets the grounds for suspension or expulsion as follows:
When may a student be searched? In 1985 the U.S. Supreme Court ruled that public school students may be searched if a school official has "reasonable suspicion" that a student has violated a specific law or school rule, and a search of the student will turn up evidence of that violation. Reasonable suspicion does not require absolute certainty, nor does it require the same level of information as might be required under a criminal law standard. Instead, reasonable suspicion only requires "sufficient probability," that may be based for example, on observation, prior experience of the school official and reliable information received by the official. [For more information on searches and variations on searches, such as locker searches see: Chapter 21 of the Kentucky Student Discipline, Desk Reference.] May a student be disciplined for off-campus behavior? In some instances, yes, if there is a school connection. For example, a student who damages a teacher's home may face school discipline, KRS 158.150(1)(b). A student who misbehaves on a school trip or at a school function off school property may also face school discipline, KRS 158.150(1)(a). A student who is at home but calls in a false bomb-scare to the school may face school discipline because she disrupted the school, there is a school connection to her misbehavior. On the other hand, a school may be unable to discipline a student for getting into difficulties late on a Saturday night if there is no school connection. For example, if a student destroys private property over the weekend, and there is no school connection, such as a teacher owns the property, then the school could not discipline the student. School discipline is intended to discipline students for school related misbehavior. That does not mean however that a school may not take note of student's off-campus behavior. A student who engages in non-school related violent or threatening behavior over the weekend may face some restrictions in order to make sure the student does not create a disruption at school, or cause a threat to others at the school. For example, if one student makes threats against a second student over the weekend, but there is otherwise no school connection the school may be unable to discipline the student for making the threat, but that does not mean the school could not take note of the threat and take measures, such as separating the two students from each other, to avoid problems at the school. One exception to the above is a student who belongs to voluntary school honorary club or athletic team, that has published rules that cover non-school related behaviors. Violation of these rules may cause the student to face restrictions on club membership or team participation. [For more information on this topic see: Chapter 17 of the Kentucky Student Discipline, Desk Reference.] When may a student be expelled without services? According to KRS 158.150 (2), students expelled from public schools must be provided educational services "in an appropriate alternative program or setting" unless the local board has determined that the student poses a "threat" to the safety of other students or school staff and can't be placed in a state-funded agency program. The local board's finding must be based on "clear and convincing evidence" and placed in the record of the expulsion. Thus, in most cases an expelled student will be provided alternative educational services. Those services may be provided through an alternative school placement, or other options chosen by the district. On the other hand, if clear and convincing evidence exists that: 1. The student is a threat to the safety of other students or staff, and 2. There is no state-funded agency program available for the student, commonly called juvenile day treatment, then the student may be expelled without providing services to the student. [For further information concerning this topic see: Chapter 4, Kentucky Student Discipline, Desk Reference.] What is Truancy? All children of school age within Kentucky are required to attend school unless otherwise exempted by state law, KRS 159.010 and 159.030. A student who does not meet one of the exemptions within KRS 159.030, must attend a public school. If a student, who is otherwise not exempt, fails to attend public school "without a valid excuse" for three or more days, then the student is considered truant. A student may also be considered truant if the student is tardy without valid excuse for three or more days, KRS 159.150. A student who is absent for less than half a school day is considered tardy. A student who is reported as truant three or more times is considered a "habitual truant". Each school board defines in district policy what constitutes an excused absence and the process the child must follow in order to claim an excused absence. For example, districts typically require a doctor's certificate if the student claims the absence is due to a visit to a doctor. State law provides for a few absences, which must be recorded as excused, as found in KRS 158.070 or 159.035. Otherwise, the determination of what is excused versus unexcused is found in district policy. [For more information on excused absences or attendance see: Chapter 24, Kentucky Student Discipline, Desk Reference.] Are Student Records "Public Records?" Yes. The Kentucky Open Records Act definition of "public record" is broad enough to cover student records, KRS 61.870 (2). On the other hand, not every public record is open to public inspection. Both federal law and state law acknowledge that records which directly relate to a student, which disclose personal information relating to that student, are generally not open to public inspection. See Kentucky Family Education Rights and Privacy Act, KRS 160.700 - 160.730 and the federal Family Education Rights and Privacy Act, 20 U.S.C. §1232 (g). Information protected by these provisions includes all information where a student is identified or readily identified. On the other hand, a district may make some information available to the public. That information is called "Directory Information": and includes information such as name, address and sports played. See KRS 160.700 (1). Before making information directory information, a district must provide appropriate notice to parents and eligible students of what information will be designated and allow the parents or eligible student the opportunity to opt out of having that information released. Both federal and state law allows districts to share student information in limited circumstances without parental or eligible student consent. However both federal and state law provide various procedural protections to parents and eligible students including the right to challenge records which are in error. That does not mean that parents may challenge records because they dislike them or disagree as to action taken, but they may challenge factually incorrect information. [For more information concerning this topic see: Kentucky Student Discipline, Desk Reference, Chapter 26, Student Records.]
May Students be tested for drugs at school? In limited circumstances, yes. In 1995, the U.S. Supreme Court upheld a random suspicionless drug testing program for students involved in interscholastic athletic activities, primarily contact sports such as football or basketball where there was the potential of personal injury created by drug use. The district in that case was able to present evidence that the district had a student drug problem and that student athletes were leaders in the drug culture. Each parent and student was required to sign a consent to test form prior to participation in the sport. If a student tested positive the results were kept confidential and were not used for school discipline or shared with law enforcement, but the student faced restrictions on participation in district athletic activities. The district policy addressed numerous issues such as how students were randomly selected, how samples were collected, security of the testing process including security of samples, and what drugs would be tested. In a 2002 decision, the U.S. Supreme Court approved a school district random, suspiciouless, testing policy, along the lines of the prior approved policy, that extended testing to all competitive extracurricular activities sanctioned by the state's Secondary Schools Activities Association, such as Academic Team, band, choir, cheerleading and athletics. Prior to adopting a policy in this area a district should consult with the board attorney, review the pertinent case law and make sure that any district policy and procedures are consistent with existing law. [For further information on this topic see: Kentucky Student Discipline, Desk Reference, Chapter 20, Criminal Behavior and Verbal Abuse, Section B, Alcohol and Drugs.]
What is a "Nonresident Student"? As was noted in question 6 above, Kentucky children are required by law to attend school unless exempted under one of the statutory exceptions. With limited exceptions, a child's right to attend public school is limited to the district in which the child is a resident, KRS 158.120. However, some students seek to enroll, for various reasons, in districts other than their district of residence. The second district may accept students from other districts but are not required to accept out of district students; however, if the district accepts one out of district student, it may not deny entry to later applicants for unconstitutional reasons. Out of district students accepted for enrollment into a second district are termed "nonresident students." The sending and receiving districts may reach an agreement on the transfer of ADA funding and the receiving district may charge the non-resident student tuition, KRS 158.120 and 157.350 (4). Non-resident students are subject to the same discipline rules as all other students and may be disciplined after all requirements of due process are met. [For further information on this topic see: Kentucky Student Discipline, Desk Reference, Chapter 13, Non-Resident Students.] May Students form Clubs at School? A school district is not required to allow non-curriculum-related clubs to meet upon campus. A district may restrict all student clubs to curriculum-related clubs, such as the French Club or Home Economics clubs, which are directly related to the school curriculum. If however the school district allows one non-curriculum club to meet, then the district has opened the forum and students have a right, with limited exceptions, to form voluntary, student-initiated, directed, conducted and controlled clubs. Schools may still prohibit groups that materially or substantially interfere with the orderly conduct of the school's educational activities or pose a threat to the health, safety or welfare of individuals or property. A school that denied a club on the above basis would bear the burden to prove the school has a reasonable basis for believing that the club would disrupt the school or posed a threat. A club could not be denied simply because the school did not approve of the views of the club or feared that others may disapprove of the club's views. Many of the above points are addressed in the federal Equal Access Act of 1984. [For more information on this topic see: Kentucky Student Discipline, Desk Reference, Chapter 18, Clubs.] |
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