School discipline procedures and student due process rights in New York City

¶ … Julia and Marcus. The incident in which Julia has caused will be discussed as well as the issues with Marcus, the student who Julia has accused of selling her drugs. The essay will discuss the processes that a principal or school leader must take in order to ensure that student rights and due process are protected along with the interests of the school organization itself.

The State and City of New York provides ample guidance and policy in dealing with the situation with Julia. Her special education status provides her with an IEP team which must be in attendance in Julia's reevaluation meeting to discipline her and help find a solution to her problems. The necessary participants in this meeting must include Julia's parent or parent representative who plays the obvious role of caregiver of the student. The principal will oversee the meeting and include the contributions of the following school personnel: the special education teacher, a general education teacher, the student, a district representative and the school psychologist.

To determine the appropriate response to Julia's outburst, input from the group will be synthesized into a discipline plan. All input will be measured and accounted for by the principal who will eventually make the decision on what to do with Julia.

Question 2

If for some reason the parents of Julia reject the decision made by the principal a legal argument can be made. The Student Bill of Rights expressly noted that a student as the right to due process like any other citizen in the United States and can appeal any infringement against those rights. In this case the New York City Department of Education's publication of Citywide Standards of Intervention and Discipline Measures (2012) revealed the student's rights in this case. The standard lists 9 standards associated with due process that include: "

1. Be provided with the Discipline Code and rules and regulations of the school;

2. Know what is appropriate behavior and what behaviors may result in disciplinary actions;

3. Be counseled by members of the professional staff in matters related to their behavior as it affects their education and welfare in the school;

4. Know possible dispositions and outcomes for specific offenses;

5. Receive written notice of the reasons for disciplinary action taken against them in a timely fashion.

6. Due process of law in instances of disciplinary action for alleged violations of school regulations for which they may be suspended or removed from class by their teachers;

7. Know the procedures for appealing the actions and decisions of school officials with respect to their rights and responsibilities as set forth in this document;

8. Be accompanied by a parent and/or representative at conferences and hearings;

9. The presence of school staff in situations where there may be police involvement

Question 3

As the principal, actions taken toward Marcus must be made with reason and restraint. On the surface he has done nothing wrong. However, school property can be inspected and searched at any time by any faculty member in this case dealing with drugs. According to the NY City Department of Education, " if there is reasonable suspicion to believe a student's locker contains contraband, lockers may be searched. " The student's person may also be searched if there is reasonable suspicion. This may be unique to New York City, but the rules here are different than in other places when it comes to law enforcement and personal rights.

Question 4

If Marcus is guilty, the principal may take action that is reasonable and is aligned with prior instance of this behavior. Depending on Marcus' grades, attitude and parental input, there are many options as what to do with Marcus. In this particular case, since the drug was cannabis and not a hard narcotic, leniency may be given to Marcus. Suspension is likely, but it really depends on how Marcus's student performance reflects on his ability to mend his ways and become a useful student.