What can we do to fight Student Expulsion for Drug Sales and Use at school?
Full Question:
Answer:
Students have been held by the courts to be citizens with a property right to their education. To deny that right requires, at the least, an informal hearing with notice, witnesses and the like. The courts have found that a school's code of conduct must have minimum due process protections. The authorized rules students must obey without a specific verbal command must be in writing. The rules need to be specific, and published, so that the student is aware of the nature of the conduct that is prohibited.
Expulsion proceedings are governed by state law and local school policies.
The following are OR statutes:
339.240 Rules of student conduct, discipline and rights; duties of state
board and district school boards.
(1) The State Board of Education in accordance with ORS chapter 183 shall
adopt rules setting minimum standards for pupil conduct and discipline and
for rights and procedures pertaining thereto that are consistent with
orderly operation of the educational processes and with fair hearing
requirements. The rules shall be distributed by the Superintendent of
Public Instruction to all school districts.
(2) Every district school board shall adopt and attempt to give the
widest possible distribution of copies of reasonable written rules
regarding pupil conduct, discipline and rights and procedures pertaining;
thereto. Such rules must comply with minimum standards adopted by the State
Board of Education under subsection (1) of this section.
(3) Every district school board shall enforce consistently and fairly its
written rules regarding pupil conduct, discipline and rights. This
subsection does not apply to a pupil who is eligible for special education
as a child with a disability under ORS 343.035.
339.250 Duty of student to comply with rules; discipline, suspension,
expulsion, removal and counseling; written information on alternative
programs required.
(1) Public school students shall comply with rules for the government of
such schools, pursue the prescribed course of study, use the prescribed
textbooks and submit to the teachers' authority.
(2) Pursuant to the written policies of a district school board, an
individual who is a teacher, administrator, school employee or school
volunteer may use reasonable physical force upon a student when and to the
extent the individual reasonably believes it necessary to maintain order in
the school or classroom or at a school activity or event, whether or not it
is held on school property. The district school board shall adopt written
policies to implement this subsection and shall inform such individuals of
the existence and content of these policies.
(3) The district school board may authorize the discipline, suspension or
expulsion of any refractory student and may suspend or expel any student
who assaults or menaces a school employee or another student. The age of a
student and the past pattern of behavior of a student shall be considered
prior to a suspension or expulsion of a student. As used in this subsection
"menace" means by word or conduct the student intentionally attempts to
place a school employee or another student in fear of imminent serious
physical injury.
(4)
(a) Willful disobedience, willful damage or injury to school property,
use of threats, intimidation, harassment or coercion against any fellow
student or school employee, open defiance of a teacher's authority or use
or display of profane or obscene language is sufficient cause for
discipline, suspension or expulsion from school.
(b) District school boards shall develop policies on managing students
who threaten violence or harm in public schools. The policies adopted by a
school district shall include staff reporting methods and shall require an
administrator to consider:
(A) Immediately removing from the classroom setting any student who has
threatened to injure another person or to severely damage school property.
(B) Placing the student in a setting where the behavior will receive
immediate attention, including, but not limited to, the office of the
school principal, vice principal, assistant principal or counselor or a
school psychologist licensed by the Teacher Standards and Practices
Commission or the office of any licensed mental health professional.
(C) Requiring the student to be evaluated by a licensed mental health
professional before allowing the student to return to the classroom
setting.
(c) The administrator shall notify the parent or legal guardian of the
student's behavior and the school's response.
(d) District school boards may enter into contracts with licensed mental
health professionals to perform the evaluations required under paragraph
(b) of this subsection.
(e) District school boards shall allocate any funds necessary for school
districts to implement the policies adopted under paragraph (b) of this
subsection.
(5) Expulsion of a student shall not extend beyond one calendar year and
suspension shall not extend beyond 10 school days.
(6)
(a) Notwithstanding subsection (5) of this section, a school district
shall have a policy that requires the expulsion from school for a period of
not less than one year of any student who is determined to have:
(A) Brought a weapon to a school, to school property under the
jurisdiction of the district or to an activity under the jurisdiction of
the school district;
(B) Possessed, concealed or used a weapon in a school or on school
property or at an activity under the jurisdiction of the district; or
(C) Brought to or possessed, concealed or used a weapon at an
interscholastic activity administered by a voluntary organization approved
by the State Board of Education under ORS 339.430.
(b) The policy shall allow an exception for courses, programs and
activities approved by the school district that are conducted on school
property, including but not limited to hunter safety courses, Reserve
Officer Training Corps programs, weapons-related sports or weapons-related
vocational courses. In addition, the State Board of Education may adopt by
rule additional exceptions to be included in school district policies.
(c) The policy shall allow a superintendent to modify the expulsion
requirement for a student on a case-by-case basis.
(d) The policy shall require a referral to the appropriate law
enforcement agency of any student who is expelled under this subsection.
(e) For purposes of this subsection, "weapon" includes a:
(A) "Firearm" as defined in 18 U.S.C. 921;
(B) "Dangerous weapon" as defined in ORS 161.015; or
(C) "Deadly weapon" as defined in ORS 161.015.
(7) The Department of Education shall collect data on any expulsions
required pursuant to subsection (6) of this section including:
(a) The name of each school;
(b) The number of students expelled from each school; and
(c) The types of weapons involved.
(8) Notwithstanding ORS 336.010, a school district may require a student
to attend school during nonschool hours as an alternative to suspension.
(9) Unless a student is under expulsion for an offense that constitutes a
violation of a school district policy adopted pursuant to subsection (6) of
this section, a school district board shall consider and propose to the
student prior to expulsion or leaving school, and document to the parent,
legal guardian or person in parental relationship, alternative programs of
instruction or instruction combined with counseling for the student that
are appropriate and accessible to the student in the following
circumstances:
(a) When a student is expelled pursuant to subsection (4) of this
section;
(b) Following a second or subsequent occurrence within any three-year
period of a severe disciplinary problem with a student;
(c) When it has been determined that a student's attendance pattern is so
erratic that the student is not benefiting from the educational program; or
(d) When a parent or legal guardian applies for a student's exemption
from compulsory attendance on a semiannual basis as provided in ORS
339.030(2).
(10) A school district board may consider and propose to a student who is
under expulsion or to a student prior to expulsion for an offense that
constitutes a violation of a school district policy adopted pursuant to
subsection (6) of this section, and document to the parent, legal guardian
or person in parental relationship, alternative programs of instruction or
instruction combined with counseling for the student that are appropriate
and accessible to the student.
(11) Information on alternative programs provided under subsections (9)
and (10) of this section shall be in writing. The information need not be
given to the student and the parent, guardian or person in parental
relationship more often than once every six months unless the information
has changed because of the availability of new programs.
(12)
(a) The authority to discipline a student does not authorize the
infliction of corporal punishment. Every resolution, bylaw, rule, ordinance
or other act of a district school board, a public charter school or the
Department of Education that permits or authorizes the infliction of
corporal punishment upon a student is void and unenforceable.
(b) As used in this subsection, "corporal punishment" means the willful
infliction of, or willfully causing the infliction of, physical pain on a
student.
(c) As used in this subsection, "corporal punishment" does not mean:
(A) The use of physical force authorized by ORS 161.205 for the reasons
specified therein; or
(B) Physical pain or discomfort resulting from or caused by participation
in athletic competition or other such recreational activity, voluntarily
engaged in by a student.
I strongly suggest getting help from a professional knowledgeable in substance abuse.