Expelling
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[edit] What is an expulsion?
An expulsion is defined as the act of discontinuing attendance of a pupil in the public schools as a result of action by the Board of Education.
Expulsion is a longer duration than suspension, and usually results in the loss of grades and credit, thereby substantially depriving the student of educational opportunity.
[edit] What are the grounds for expulsion?
Students may be expelled for committing a violation of any section listed in California Education Codes 48900, 48900.2, 48900.3 or 48900.4.
A decision to expel under Section 48900 shall be based on a finding that
(1) Other means of correction are not feasible or have
repeatedly failed to bring about proper
conduct, and/or
(2) Due to the nature of the act, the presence of the pupil
causes a continuing danger to the physical safety of the
pupil or others.
The majority of expulsions are for the possession of a knife. The district* considers a knife to be a weapon and that the possession of a knife is a serious violation representing a threat to students and staff members.
Note:
- The district--Orange Unified School District, Office of Child Welfare and Attendance, 1401 N. Handy-Orange, California 92867-(714) 997-6131
[edit] What are the Reasons for expulsion?
If a student's behavior is a threat to the safety, health or emotional well-being of others, and previous methods of prevention and intervention have not been successful, that student will be expelled in accordance with district policy and state law.
State law allows for the suspension of a student if a school investigation shows the student--while on school grounds, going to or from school, during lunch period (on or off campus), or during, or while going to or from, a school-sponsored activity--has engaged in any of the following acts:
Use, possession or sale of any weapon This includes guns, knives, explosives or other dangerous objects. Any object used in a dangerous manner is considered a weapon.
Brandishing a knife at another person This refers to waving a knife at someone in a threatening manner. Knife refers to any type of folding knife, razor (with unguarded blades), or any dirk, dagger, or weapon with a fixed, sharpened blade fitted primarily for stabbing.
Dangerous Behavior Repeated incidents of fighting, violence or otherwise causing serious injury to another.
Sexual Misconduct Attempting to commit or committing a sexual assault or committing a sexual battery.
Use, distribution, or possesion of controlled substances Selling or providing someone a controlled substance, excluding tobacco, or possessing an amount for more than personal use. This includes prescription medications. A student found in possession of tobacco will be recommended for expulsion on the fourth offense.
[edit] Strengths for using Expulsion
Students will get the concept that they are in a systematic society regulated by routines, disciplines and laws, therefore, they can not do everything they want once what they will undertake are illegal, or will do some harm to others.
[edit] Weaknesses for using Expulsion
Students would perhaps feel more frustrated when isolated with the others and gradually develop a sense of hostility towards the society, because to be expelled means a situation of being abandoned and segregated.
Expulsion removes students from school and thus reduces their instruction and learning time. Additionally, it forces the student to have to catch up on missing work, and this is very difficult to do when a student has missed more than a few days of school. Naturally, expulsion disrupts the learning process. According to the Commission for Positive Change of Oakland, California, students who are expelled are more likely to suffer from lowered sense of self-esteem, feelings of being unwanted at school, and alienation from peers, which results in a higher chance of receiving failing grades because many times, and expulsions on records hurt the student’s ability to get a job or get into college, which may increase the risk of juvenile delinquency among these students (Commission). Altogether, these factors contribute to a much higher chance that the expelled student will drop out of school entirely, or will be pushed out of school. How does this help the student? Well, it doesn’t. A senior high school principal in Oakland, California says of expulsions, “There are no benefits to the kids. They get nothing. It’s for the school. Suspension is a short-term release valve for the school�? (Commission).
Imagine what may happen if a student with special needs gets expelled. Students with disabilities, especially if it is a learning or behavior disability, need extra time and need to put in extra effort to do there work as it is, and if they are expelled, then all of the above factors can be multiplied and will only hurt the student even more.
[edit] Personal Experiences
Personal views(Weiwei Xie): People would argue that there is time to exert some policies or disciplines to mitigate some severe misbehavior, which may have such bad influence upon the peer students that expulsion is inevitable. In our (including the average students of 2004 Fall UIUC in the course Psychology of Classroom Management) opinion, punishment is the least of the movements or even being not used to correct our students’ misbehavior or disruption. The reasons probably are: Severe punishment, such as expulsion, will causes reinforcement of hostility from the student(extremely demage the relationship between the student and the teacher and it is hard to fix up the broken mirror), even his loss of confidence about himself, negative and passive conception of this society or the increasing sense of revenge, desperation and hatred, which is of such opposite goal of why School was founded since it was born and extremely against the nature of a teacher’s job—to cultivate and instruct every teenager to seek hope for their path towards tomorrow. "…in a democratic society, it is unethical and unacceptable for schools to control and individual’s behavior. Limiting behavior so that destruction or harm can be avoided is necessary in any society,"
Therefore, I still hold the belief that my students come to me to seek significance why they are here in this world, what can they do towards the whole society and what is their life’s real meaning and how to contribute to this society, instead of telling them to be careful every possible misbehavior they should avoid or any severe consequence they are expected not to make.
Food for thought on the subject(From Ralph Alexander). I have taught in a school where behavior problems considerably affected the learning environment. Expulsion was rarely used because the school district feared further action by the court. The major problem was that a few students made life difficult for the teachers and the other 95% of the students there to learn. Why should teachers deal with this behavior day after day. Expell them until they are ready to return and behave within socially acceptable guidelines or the rules of the school. I think most of them would choose to return and behave. Expulsion could be effective if used correctly.
Response: Ralph is right when running into some extreme cases, when no more intervention(but unnecessary to call for police) is effective to control or improve the status quo.
More in response to Ralph's response: Our district will often use alternative education placement vs. explusion. One with explusion the due process rights of the student should be followed to the letter, if it is not it can open the school district up to liablity I believe. Also, more than anything the student that is this disruptive needs an environment that they can learn and be successful that environment must be able to meet the students needs and if it is not our school, we feel our responsiblity to that student is to find the right placement. It is costly, but often works out best for all involved.
In every school district that I am aware of grounds for expulsion are for acts that not only violate school rules but also are acts that violate civil codes. Schools need to work with law enforcement in these cases. The last thing we need is for these students to be roaming the streets instead of in school. Counting on their parents to keep them at home is a pipe dream. Put them under house arrest with ankle bracelets, if no other means is available. I am very much against removing children from the school under most conditions. I see no value in suspensions or expulsions when there is no accountability. In school suspensions should be , and can be, very effective. We need to hold parents, as well as students, accountable in these circumstances. Being forced to attend school with your child on the days they are suspended might be a start. What kind of message is being sent when we give you a "vacation" for poor behavior? N. Meeker
I believe that expulsion needs to be used, but used judiciously. I agree with Ms. Meeker, in that giving students a vacation in which they roam the streets instead of attending school is a poor punishment for bad behavior. However, sometimes schools seem to be a little soft where student behavior is concerned. If a child breaks the law and acts outside of the understood civil code there is no reason that they should remain in the school system. We would not allow a criminal to remain free in order to continue going to work! Why should it be any different for high school students? S. Borkgren
I agree with Ms. Meeker also, but even more so with the part about holding parents responsible. Parents seem to think that the schools will teach their children everything they need, but fail to see that what happens at home is the most instructional of all. When parents are too busy to attend parent teacher conferences, awards day or sports events it is understandable why they will not take responsibility for their child’s actions. When a child misbehaves enough to warrant an expulsion, it is not, generally from a first offense. It has taken years of ignoring the behavior on the part of the parents. DHeater
Given the last few months at our school, I definitely see the need for expulsion. We recently had a fire in our school that a 7th grader and 9th grader set in one of the lockers. Even though there were few people in the building at the time, those few people could have been in real danger. Thankfully, the fire did not spread as much as it could have, but it did destroy a bank of lockers and smoke-damaged ceiling tiles throughout that part of the building causing about $70,000 worth of damage. These students were obviously expelled, but we are still sending work home to them that the students need to do on their own. Next year, they will be sent to an alternative school at the expense to our district. In this case, the school is willing to spend the extra money in alternative school tuition in order to keep the other kids in our school safe. The week after the fire happened, a student pulled the fire alarm on purpose. That student was also expelled for the remainder of this school year in order to prove a point to the other students. This student learned his lesson as soon as he pulled the alarm, but it this extreme action wasn't taken, other students may have seen the lax policy and decided that pulling fire alarms is o.k. Amy Higgins
It was less than a month ago I had students come up to me and tell me that another student had cocaine with him and was planning to sell it to another student. I called the priciple she came down talked to the students who told me called the student to the office and I have never seen the student again. This student was expelled from what I have heard. Our school distrct will not stand for this type of behavior and will expell them. Yes they will try a different type of education, but the student will not be back to hinder the education of other students. Bret Helms Bureau Valley School District I think expulsion should be used very carefully. I understand that teachers need to be concerned about the safely of their other students and can't spend all their time with the problem causing student. But expulsion can sometimes lead to more problems in the student's life. They now have extra time to roam the streets and get into more trouble. Expulsion is sometimes necessary, but it should be a decision taken after a lot of consideration. Sandra Davila
I believe that there are some instances when a child must be expelled. I had a student who made a bomb threat to the school. It was a rainy fall day and the entire school had to wait outside for two hours while they cleared the building. No one was able to detect any remorse from him. He thought it was all fun and games. I don't think it was appropriate for him to stay at our school and get positive attention from his peers for his actions. There is always a possibility that his peers will try to repeat his behavior. This student was sent to an alternative school. So, he was not getting a vacation. Jenny Circello
I have seen a few kids expelled in my educational experience. One was for selling drugs, and another was for repeated violence issues. I think that expulsion should be a last resort. I also think that an alternative placement needs to be provided that addresses the students problems, if there is any hope of that student becoming a productive member of society. -S. Yunker
Last year a couple of students were expelled at my school for having brought knives to school. There was going to be a supposed gang fight between rival gangs and it was rumored that students brought guns and knives to school. Sure enough, some students lockers were raided and found inside were knives. One student had brought about eight knives to school, the smallest of which was seven inches long. I was very surprised to learn that one of the students was actually a student in one of my classes who had brought this dangerous collection of knives with to school. I would have never expected this student to have done this. It was a relief to know that he was expelled though because bringing knives to school, or any weapon for that matter, is no joke. It is something that needs to be taken seriously and that it was. Since that incident, there have been no situations causing that much alarm. I am not aware of any students this year who have been expelled, though many have been suspended and on the verge of being sent to alternative schools due to suspected gang-related activities. ~K. Kleckauskas
I teach at an Alternative School so I see the results of students who are expelled. Sometimes these students start immediately after they are expelled and sometimes these students have to spend time in a juvenile detention center prior to attending. At the school I teach at we provide the student with the basic subjects as well as a vocational aspect. It is certainly not a vacation, and with smaller class sizes the students get the attention that they need for success. These students are given the opportunity to continue their education and a large majority of them are successful. - R Folkens
Examples of School District Policy in Explusion
MINNEAPOLIS PUBLIC SCHOOLS Student Placement Office BUILDING EXPULSION REFERRAL CHECKLIST
The Pupil Fair Dismissal Act allows us the following number of days from the date of the initial suspension to complete the expulsion process:
- General education students - 15 school days
- Students with disabilities - 10 school days
Following a thorough investigation at your site, it is important that you follow the checklist outlined below and fax all of the completed materials along with this checklist to us ASAP. Failure to receive all necessary documents in a timely manner may result in the violation of the student's rights.
1. Complete suspension form for five (5) days (Suspensions are actions reserved for school administrators only.) Status of student: r Regular Ed. r Special Ed. 1. Inform parent/guardian of expulsion referral. r (Verify telephone numbers and addresses.) 2. Inform police liaison officer of violation. If student were arrested, complete Release of Student to Police form. r 3. Complete referral process by faxing all of the following materials to 668-0165:
a. Administrative memorandum describing the specifics of the incident and recommendations. r b. Completed suspension form. r c. Disciplinary Incident/Dangerous Weapons Violation Report. r d. Signed copy of Student Acknowledging Discipline Policy. r e. Photocopy of weapon (look-alike guns must be forwarded to Student Placement Office). Please remember knives (blades) must be 2 1/2 inches or longer. r f. Supportive Data. Dates, times, names, location, statement of suspended student, victim's statement, witness' statements, police report when available, injury reports and medical statements when appropriate. r g. Student History. Attendance, grades, previous behavior infractions, interventions, suspensions, transfers, any social service involvement (e.g., therapy, probation, etc.) r h. Completed copy of State of Minnesota Dangerous Weapons Incident Report (two pages). r i. Continued suspension notice after the first five (5) days. r (Send all notices to parent/guardian via certified mail.)
For special education students:
- Copy of current IEP r
- Copy of current Assessment Summary Report r
- Copy of Manifestation Determination and Team Recommendation r
- Copy of Behavior Intervention Plan r
- Copy of Functional Behavior Assessment r
EDUCATION ˇ PUBLIC SCHOOLS S.B. 96-63 School discipline - disciplinary information - expulsion prevention. Authorizes a school district to transmit to another school district disciplinary information concerning a student who transfers to the other district. Requires a principal to communicate discipline information concerning any student to any teacher or counsellor who has direct contact with the student, and prohibits the teacher or counsellor from communicating the information to any other person. Requires each school district to inform the student and the student's parent or guardian when disciplinary information is communicated, give the student and the student's parent or guardian a copy of the disciplinary information, and allow the student and the student's parent or guardian to challenge the accuracy of the information.
Requires a court that convicts or adjudicates a juvenile for a mandatory expulsion offense, a crime of violence, or an offense involving controlled substances to notify the school district in which the juvenile is enrolled.
Requires school districts to identify students who are at risk of suspension or expulsion and to work with the student's parent or guardian to provide services to those students to help them avoid expulsion. For any student who is expelled, instructs the school district to:
- Provide information concerning educational services available to the student;
- Upon request, assist the student's parent in obtaining appropriate home-school curricula; and
- Contact the student's parent or guardian every 60 days until the student is enrolled in another school district or in a private school to determine whether the student is receiving educational services.
Allows a school district to work with the student's parent or guardian to provide services for a student who is expelled. Specifies that, for purposes of school finance, the school district shall include in its pupil enrollment any expelled student who receives services.
Allows each school district to enter into agreements with local governmental agencies and managing state agencies, nonprofit community-based entities, and institutions of higher education to work with students' parents or guardians to provide services for students who are at risk of suspension or expulsion or have been suspended or expelled and for their families. Requires each agreement to specify:
- The services to be provided;
- The entity that will coordinate provision of the services;
- The responsibilities of each entity involved in the agreement; and
- The services or funds to be provided by each entity involved in the agreement.
Requires the school district to use a portion of its per pupil operating revenues and allows it to use any additional public or private moneys to provide
services under the agreement.
As a special educator, I have been part of the administrations decision to expel certain students because of behavioral problems that interfered with classroom learning. Some of these involved the student possessing weapons, or making threats, or for physical assault. It should be noted that expelling special education students is often much different that expelling regular education students. If the student is being expelled for a behavior that is listed on his/her I.E.P., then, by law, it seriously curtails the amount of time that student can be out of class. This sometimes creates special problems for school administrators and teachers, especially if that student is severelt behaviorally disordered.
In our school district, for most of the occurences that students would get expelled for in a regular district, we have an alternative school. For the more major reasons for expulsion, the students will be expelled, but I think that it is good to have an alternative place for the students to go. Some students might see expulsion as a vacation. If you have a place for them to go, the students might be more likely to rethink their decisions. Expulsion is extreme, however it is important to do something with those kids that are far beyond the point of hindering the learning of others! ~ R. Hayes
[edit] References
http://www.sandi.net/depts/placement_appeal/discipline_policy/expulsion.html
Expelling Unruly Students? * David A. Gershaw, Ph.D. http://www.members.cox.net/dagershaw/lol/StudentsExpel.html
Wolfgang, Charles H., Solving Discipline And Classroom Management Problems: Methods and Models for Today’s Teachers; U.S.A, John Wiley and Sons, 2001.
Commission for Positive Change (1992). Keeping Children in School: Sounding the Alarm on Suspensions. Retrieved from www.eric.ed.gov/ERICWebPortal/contentdelivery/servlet/ERICServlet?accno=ED350680.
