This seminar is designed for principals, special education directors, teachers, school administrators, social workers, psychologists, guidance counselors, case managers and attorneys.
Student discipline can be a very complicated process, involving numerous Education Code provisions, constitutional due process, special education, evidence and free speech, among other issues. This seminar goes beyond the usual recitations of statutes and case authority and provides participants with concrete advice and examples of how to prepare for a successful student discipline hearing. Learning tools will include suggested forms and a re-enactment of an expulsion hearing.
9:00 a.m. - 10:00 a.m.
I. Overview Of The Student Discipline Process
A. Offenses For Which Suspension/Expulsion Is Authorized
1. Permissive, Quasi-Mandatory And Mandatory Offenses
2. What’s New?
B. Student Suspensions
C. Student Expulsions
D. Special Issues Involving Violence In The Schools
1. Sexual Assaults And Batteries
2. Hate Violence
3. Terroristic Threats
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:00 a.m.
II. Search And Seizure And Case Investigation
A. Searching Students, Belongings And Lockers
B. Tips For Interviewing Students And Other Witnesses
C. When To Coordinate With Police And Child Protective Services
11:00 a.m. - 12:00 p.m.
III. Preparing Your Case
A. Proper Documentation
B. “Anonymous” Witness Statements
C. Character Witnesses
D. Other Physical Evidence
E. Stipulated Expulsions And Suspensions
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
IV. Presenting And Deciding The Case
A. Structuring The Presentation
B. Documentary Evidence
C. Examining And Cross-Examining Witnesses
E. Proper Deliberations
F. Documenting The Decision To Expel
1. Preparing Findings Of Fact
2. Duration Of Expulsion
3. Rehabilitation Plans
4. Suspended Expulsion Orders
G. Zero Tolerance Policies
2:30 p.m. - 3:45 p.m.
V. Special Education And Student Discipline
A. Fundamentals Of IDEA And Section 504 Discipline
B. Restrictions On Suspensions And Expulsions
C. Manifestation Determinations
D. Appropriate Interim Alternative Educational Settings
E. Rights Of Students Who May Be Eligible (Basis Of Knowledge)
F. Answers To The Ten Most Frequently Asked Questions About Special Education Discipline
3:45 p.m. - 4:00 p.m.
4:00 p.m. - 4:30 p.m.
VI. Appealing An Expulsion Decision
A. The County Board Of Education
B. Writs To Superior Court
C. Alternative Court Proceedings (Injunctions)