Transcript Power Point presentation - University of Washington School of Law

WHAT IS A “RIGHT?”
A legal entitlement to obtain something or to act in a certain way.
The sovereignty to act without the permission of others as long as your acting does
not infringe upon the rights of another person.
A right is universal and applies to all people, not just a few.
WHAT IS A “CONSTITUTIONAL RIGHT?”
The legal right of a citizen that is protected by a sovereignty, state or countries
constitution.
Your Constitutional rights are protected by the Constitution of the United States and
by the Washington State Constitution.
In the United States, the US as a country, Reservations and States are all considered
sovereigns.
DO YOU HAVE A “RIGHT” TO EDUCATION?
Yes. There is a basic right to education in Washington State.
The Washington State Constitution states that an ample education is the state’s
paramount duty. It is the state’s highest most important duty to provide a system of
public education for students of school age.
- WA. CONST. Art. 9, §1 & 2
RIGHT TO EDUCATION
Student Rights & Responsibilities
Rights: A student has a basic right to an equal educational opportunity which cannot be
taken away (i) on the basis of unlawful discrimination or (ii) without due process of law.
Responsibilities:
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Attend school regularly
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Follow the rules and regulations
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Take required courses
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Listen to school leadership (teachers & staff)
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GRADUATE!*
RIGHT TO EDUCATION
A school district cannot take away a student’s right to education without providing him
or her with an opportunity to dispute the removal from school.
METHODS A SCHOOL CAN USE TO DISCIPLINE A
STUDENT
Send a student home early
Require a conference with teacher or principal
Impose an in-school suspension or detention that separates the student from other
students
Refer the student for outside help such as counseling or a drug and alcohol
evaluation
Immediately remove the student from school on an emergency expulsion.
Suspension
Expulsion
Call the police or make a referral to juvenile court if a crime is alleged to have been
committed
IMPORTANT CHANGES TO THE LAW
As of September 30, 2013 new school discipline laws went into effect.
School districts can NO longer:
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Exclude a student form school for an indefinite period of time.
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Suspension and expulsion cannot last longer than one year
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School districts must create re-engagement plans tailored to students’ individual
circumstances for re-admission
WHEN A STUDENT IS SUSPENDED OR EXPELLED THE
ADMINISTRATOR MUST:
 Tell student that he or she will be suspended or expelled
 Give reasons for kicking a student out, including which rule was broken.
 Give the student a chance to tell his or her side of the story
SHORT-TERM SUSPENSION
Suspension for 10 school days or less.
School must
 Try other ways to correct problem behavior before using STS.
 Student must be allowed to make up missed schoolwork if the suspension will have
a substantial effect on grades or prevent the student from getting credit for the
course.
 K-4th graders cannot be short-term suspended for a total of more than 10 days in a
term. Students in grades 5 and above cannot be short-term suspended for a total of
more than 15 days in a semester or 10 days in a trimester.
SHORT-TERM SUSPENSION PROCESS
A quick overview of the steps for Challenging a STS.
LONG-TERM SUSPENSION
Exclusion from school for a definite period of time that lasts more than 10 school
days in a row
Students rights:
 Nature and circumstances of the rule violation must warrant a LTS.
 School must first try other ways to address the behavior unless the rule violation is
“exceptional misconduct.”(School districts should have a list of what falls into the
exceptional misconduct category)
 Students in K-4th Grade cannot be given a LTS. Students in 5th grade or above
cannot be given a LTS if it will cause a loss of academic grades or credit for more
than one semester or trimester during the same school year.
 Students have a right to a reengagement meeting under the new law.
LONG-TERM SUSPENSION
EXPULSION
Exclusion from school for an undefined period of time, but no more than 365 days
according to the new WA State Law.
Can also include a denial of admission to or entry on property owned, leased, rented
or controlled by a school district.
Students basic rights:
 Nature and circumstances of the rule violation must warrant the harshness of an
expulsion.
 School must try other ways to address behavior first, unless other ways have been
tried and failed or there is good reason to believe that other forms of corrective
action or punishment won’t change the student’s behavior.
 Student can ask to be readmitted at any time
 Students have 3 school business days to request a hearing.
 Right to a reengagement under the new law.
EXPULSION
School must give notice with the same requirements as the long-term suspension
notice
EMERGENCY EXPULSION
An immediate removal from school for an indefinite period of time.
Students basic rights
 District must have a good and sufficient reason to believe that the student’s
presence in the school would be unsafe to him/herself or to others or it the
students presence presents an immediate and continuing threat to the education
process
 No definite ending time, continue until the school district says the “emergency” is
over or a hearing officer changes it as a result of a hearing.
EMERGENCY EXPULSION TIMELINE
WHAT IS A REENGAGEMENT MEETING?
WHAT HAPPENS AFTER STUDENT GETS SUSPENDED OR EXPELLED?
When you have been expelled or suspended for longer than 10 school days, your
school must create a reengagement plan.
You school should contact you to invite you to a reengagement meeting.
This should happen within 20 days of the suspension or expulsion, but not more than
five days before the end of you exclusion.
Make sure the meeting is set for a date and time that works for you and your family.
WHAT IS A REENGAGEMENT MEETING?
WHAT ARE THE BENEFITS OF A REENAGEMENT MEETING?
The meeting gives you, your parent/guardian, and the school and opportunity to:
1) Build a plan to make sure everyone stays safe;
2) Plan with others for the best way for you to return to school as soon as possible;
3) Talk with others about the situation that led to your exclusion and plan how to
make it better;
4) Help reconnect you and your family to the school so you can succeed to school.
DISCIPLINE HEARINGS
An opportunity for the student to challenge the claims that he or she did something
wrong.
Must be scheduled within 3 business days
The hearing officer can be an employee of the school district but cannot be someone
who is also a witness (the hearing officer can’t be someone who took part in the
original decision to suspend or expel the student.)
WHEN DO YOU HAVE TO APPEAL!?!?!
If you are suspended on Monday and receive the notice
of suspension on Friday by what day do you need to
request the hearing?
*Remember you have 3 business days to file notice of
appeal.
DISCIPLINE HEARING: WHAT TO EXPECT
District will go first and present documents, witnesses, and reasons why the student
should be punished. The student and family will also get an opportunity to
present documents, witnesses, and reasons why the student should not be
punished in the way proposed by the district.
The hearing officer may make a decision at the end of the hearing or wait to send it in
writing.
Hearing officers must make decisions about emergency expulsion hearings within
one school business day after the hearing.
THINGS TO DO TO PREPARE FOR A DISCIPLINE
HEARING
Look at school districts evidence
Figure out where you disagree with the district– whether you agree with the facts and
the fairness of the punishment.
Bring documents and witnesses to the hearing. Make 3 copies of the documents you
want to present (for the hearing officer, school district and yourself.)
Think of questions you want to ask the school district witnesses.
Bring a lawyer if you can.
IF YOU LOSE THE HEARING…
You have a right to appeal the hearing decision
 Appeal must be requested within 3 school business days of receiving the hearing
officers decisions.
 Appeals are heard by the school board and sometimes an appeals council
designated by the school board.
 Further appeal would be to superior court
READMISSION TO SCHOOL AFTER AN EXPULSION OR
SUSPENSION
There are several ways to get back into school
Wait for the time period to run out
Petition for readmission
Ask for alternative education
Try enrolling in another school or district
ALTERNATIVE EDUCATION
Public education provided in a setting or way that is different from the regular public
school. Some districts offer alternative education through reentry programs, internet
or computer learning classes, community colleges and special schools.
PETITION FOR READMISSION
Students who have been excluded form school can ask to be readmitted into school
at any time during the exclusion.
Strong petitions can include
 information about positive things the student has done since the incident
 letters from adults and supervisors
 the students goals, strengths, and interests.
 Creative proposals such as returning for a probationary period, abiding by a
behavior plan or getting extra support.
STUDENTS WITH DISABILITIES
We will not go in depth on this.
HOWEVER, you should know:
1. Students with Individualized Education Plans have EXTRA protections under law.
2. Students with IEPs have the right to an additional hearing called a manifestation
hearing. This is to decide if the behavior is connected to their IEP. If it is the
school is required to try other means of correcting the behavior before using a
suspension or expulsion.
3. The appeal process is more complex if a student has an IEP. Please contact REAL
or Team Child for assistance from educational advocate. REAL information is at
the end of this power point.
YOU BE THE JUDGE
What is a Mock Hearing?
A student mock hearing is a simulation of a real court trial or administrative hearing,
with students playing the roles of lawyers, witnesses, accused, court staff and in
some cases the judge.
Fact scenarios can include civil or criminal disputes. The fact scenario today will be
for an administrative hearing regarding a long-term suspension.
During mock hearings, students reenact every step of a real hearing. Depending on
the type of hearing this may include; opening the case, examining witnesses,
presenting legal arguments, making and responding to objections, making
sentencing submissions, mediating, negotiating with opposing counsel, and
receiving a judgment.
ROLES
Panel of Judges – page 6
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Need at least 2 students to pair up with a law student
Student—Mary Jane – page 11
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Need one student
Representatives for School District – page 7
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Need at least 2 students
Representatives for the Student – page 9
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Need at least 2 students
Witness—Principal of School - page 12
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Need one student
ORDER OF THE HEARING
Opening Statement from School District
Opening Statement from Student Reps
Call witness for School District
Cross-Examination by Student Reps
Student: Mary Jane
Cross-Examination by School District of Mary Jane
Closing Statement from School District
Closing Statement from Student Reps
Get R.E.A.L.
REPRESENT EDUCATE ADVOCATE LEARN
Get R.E.A.L. is a suspension advocacy project at the University of Washington through the UW School of Law Race & Justice Project
that aims to get youth back into school and end disproportionality in school discipline in Washington State Public Schools.
OUR GOALS
Represent students in suspension appeals hearings.
Educate students, parents and community members regarding educational rights.
Advocate with communities at the state and local level for better educational practices
around discipline.
Learn together so that we can be solution oriented in ending disproportionality and
closing the opportunity gap.
OUR SERVICES
Represent
- We support and represent students who are appealing a suspension or expulsion.
- We support and represent students who are seeking re-admissions to a public
school.
Educate
- We provide workshops and materials for community organizations, community
groups, schools, etc. regarding school discipline and educational advocacy for
students.
Advocate
- We work with the to develop tools to advocate for systemic change around school
discipline.
Learn
- The Race & Justice project at the University of Washington is a law school clinic
that aims to train and prepare community lawyers.
If you’re looking for representation please call (585) OUR-SCHL/(585) 687-7245 and leave a voice message.
We will return your call as soon as possible.
We can also be reached at [email protected]