Introduction
Different schools in the US have different policies on lengthy and short-term suspensions. The due process and requisites for a student to be suspended may differ significantly among schools and school districts. However, their consistency in adhering to federal law and the US Constitution may vary significantly. Hence, it is essential to be aware of their unique guidelines and board policies before sending a child to study there, so that their rights are not infringed upon. This paper will show that the Santa Barbara Unified School District complies with the Goss v. Lopez decision and the U.S. Constitution.
Developing Suspension Policies at the Santa Barbara Unified School District
Firstly, the School Board must determine if the student’s misdemeanor falls under the grounds for suspension. The misdemeanors mirror those listed in the California Education Code (“Education Code”, 2020). According to the district’s board policy, a student may be subject to suspension if they exhibit misconduct on school grounds. Additionally, they are subject to board policy when entering or exiting the school, during lunch, whether they are on or off the school grounds, and when participating in or attending school activities (“Suspension and Expulsion”, 2020). Suspension should only be used when other methods of correcting misbehavior have failed unless the student’s actions directly violate California’s educational law or endanger others (“Suspension and Expulsion”, 2020). Hence, the first part of the due process is to establish if the misdemeanor falls under the prohibited actions stipulated by the Board Policy and the California legislature.
The Santa Barbara Unified School District has established additional steps for due process in suspension cases. After the student’s misdemeanor has been established, the parent or guardian should be informed in the hope of behavioral improvement (“Suspension and Expulsion”, 2020). Moreover, if the Board determines that the instructor is disobeying the Board Policy, the student will not be suspended for disturbance or defying the teacher’s authority (“Suspension and Expulsion”, 2020). Finally, lateness to and absence from classes are not considered a misdemeanor that can lead to suspension (“Chronic Absence and Truancy”, 2019). Instead, when possible, alternative attendance tactics and rehabilitative measures will be implemented. Hence, lateness and absence from classes do not result in suspension. In other cases, the student’s parents are informed, and the conduct of the teachers is reviewed before any suspension is considered.
However, for some misdemeanors, the School District uses on-campus suspension instead of full suspension, and there is no difference in the long-term and short-term consequences. To ensure the supervision and education of suspended pupils, the Board established a supervised suspension classroom program. This covers children who are expelled or suspended for California Education Code violations but don’t pose a threat to others. The procedures for long- and short-term suspensions are not differentiated in the suspension and expulsion due process (“Suspension and Expulsion”, 2020). Hence, the School Board needs to determine whether the child’s action requires full suspension or on-campus suspension before making the final decision, and there is no difference in the due process for short-term and long-term suspension.
Thus, the School District follows the Goss V. Lopez rulings completely. Long-term class suspensions without prior hearings were viewed in Goss v. Lopez as a breach of students’ rights to public education (“Due Process”, 2021). Moreover, according to the 14th Amendment, students are entitled to due process, which includes oral or written notice, an explanation of the evidence, and an opportunity to defend themselves (“Due Process”, 2021). These parts of the legislation are followed by the School District’s Board Policy (“Suspension and Expulsion”, 2020). Hence, Santa Barbara Unified School District’s due process for suspension is consistent with Goss v. Lopez rulings and the US Constitution.
Conclusion
Hence, the Santa Barbara Unified School District follows a complex due process for student suspension. First, the School Board identifies if the student has broken the Board Policy within the established boundaries of its authority. Then, it establishes whether the Board Policy and the California legislature prohibit the student’s actions. Then, the board informs the student’s parents of their misdemeanor in hopes of improving their behavior. After that, the Board determines whether the misdemeanor warrants a full or on-campus suspension, or if the student’s actions require no suspension. In terms of legislation, all of the actions above are taken in accordance with the 14th Amendment and the Goss v. Lopez rulings. Hence, the Santa Barbara Unified School District follows the state and federal legislature in their process for student suspension.
References
Suspension and Expulsion/Due Process (2020). Santa Barbara Unified.
Chronic Absence and Truancy (2019). Santa Barbara Unified.
Education Code – EDC (2020). California Legislative Information.
Due Process Protections from Formal Discipline for Students with Disabilities (2021). Arizona Center for Disability Law.