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Q:
Does a school have to put its rules in writing?
A: Not necessarily. Although
many states require districts to have written codes of discipline;
others do not. One Texas court upheld student suspensions under
a school rule that wasn't in writing but had been announced at several
school assemblies attended by the suspended students. You can find
out whether written rules are required in your state by writing
to your state education department.
Q: Can students be punished for
violating a rule they didn't know existed?
A: No. Although rules may be
unwritten, they must be communicated to the students in some manner
in order for punishment to be justified. If, for example, you sometimes
leave school during a free period instead of going to study hall,
and students have never been told of a rule or policy forbidding
that, it would be illegal to punish you without prior warning. If,
however, a teacher specifically tells you not to leave and you do,
it is likely that you can be punished even in the absence of a written
rule. Indeed, just disobeying a school official is grounds for suspension
in most school districts.
Q: What can a student be suspended
for?
A: The grounds for suspension
are usually set out in statute and vary widely from state to state.
Arizona, for example, allows students to be suspended for "good
cause," while the Louisiana statute describes 17 different grounds
for suspension, including making an unfounded accusation against
a teacher and violating traffic and safety regulations. In Wisconsin,
if you're suspended for five or more days, you're entitled to a
hearing before your school board.
Q: Can students be denied a diploma
for misconduct if they have fulfilled all the academic requirements
for graduation?
A: Although few legal precedents
in this area have been established for public school students, a
decision of the chancellor of the New York City schools is significant.
One New York City principal temporarily withheld the diploma of
a student who, he felt, was not a "good citizen," even though the
student had completed all his academic work for graduation. The
chancellor held that the diploma must be issued and said, "Students
who violate rules of conduct are subject to disciplinary measures,
but the manipulation of a diploma is not a proper or legitimate
disciplinary tool..."
Q: Can a student be denied a diploma
for failing gym?
A: The law is unclear in most
states. The New York State Commissioner of Education has ruled that
"boards of education may not refuse graduation or promotion because
of failure in physical education. Failing to participate in a required
gym class may be treated differently from inability to perform well
in gym, however.
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If you have
a question, please submit it to Nikki, the Youth & Civil Liberties
Council Director.
We will make sure you get credit for your question, unless you
would prefer to remain anonymous, that is okay with us too.
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