Handling Student Discipline and Expulsion: Legal Guidelines for School Districts

Student discipline is one of the most critical—and often contentious—areas of school administration. When handled improperly, disciplinary actions such as suspensions and expulsions can lead to legal challenges, claims of discrimination, and significant disruptions to the educational environment. School districts must ensure that their disciplinary policies and procedures comply with state and federal laws, while also maintaining a fair and equitable system for all students.

In this blog, we’ll explore the legal guidelines for handling student discipline and expulsion, with a focus on how school districts can navigate these challenges in compliance with New Jersey laws and federal regulations.

Understanding New Jersey’s Student Discipline Laws

In New Jersey, student discipline is governed by state statutes and regulations, including the New Jersey Administrative Code (N.J.A.C.), which outlines specific procedures for suspensions and expulsions. The Anti-Bullying Bill of Rights Act also plays a significant role in shaping disciplinary policies, particularly when incidents involve bullying, harassment, or intimidation.

Key Legal Requirements:

• Suspensions: Short-term suspensions (10 school days or fewer) are common, but schools must follow clear due process procedures, including informing parents of the reasons and providing an opportunity for the student to respond.
• Expulsions: Expulsion (removal for more than 10 days or permanent removal) is only permitted after a formal hearing before the local school board. The district must provide students with due process, including the right to legal representation, to present evidence, and to cross-examine witnesses.
• Alternative Education: In cases of long-term suspension or expulsion, the district is required to provide alternative educational services to the student to ensure that they continue to receive an education.

Mitigation Strategies:

• Ensure that all staff are familiar with New Jersey’s legal requirements for suspension and expulsion, including procedural safeguards.
• Regularly review the district’s student code of conduct to ensure it aligns with state law and provides clear guidelines on when and how disciplinary measures will be applied.
• Provide professional development for administrators and teachers on how to address behavioral issues in a manner that is both legally compliant and fair.

Federal Law: Due Process Protections under the U.S. Constitution

The U.S. Supreme Court case Goss v. Lopez (1975) established that students have constitutional due process rights when facing suspension or expulsion from public schools. This means that before a student can be suspended or expelled, the district must provide certain procedural safeguards to ensure fairness.

Key Due Process Protections:

• Notice: The student and their parents must be provided with written notice of the specific misconduct and the proposed disciplinary action.
• Hearing: Before being expelled or suspended for more than 10 days, the student must have an opportunity to present their side of the story during a hearing. For short-term suspensions, a more informal discussion may suffice.
• Appeal Rights: Students must have the ability to appeal disciplinary decisions to a higher authority, such as the local school board.

Mitigation Strategies:

• Ensure that all notices sent to parents are detailed, including the reasons for the disciplinary action, and that students are given an opportunity to respond.
• Develop a clear appeals process that students and parents can use to challenge disciplinary actions, ensuring transparency and fairness in the decision-making process.
• Keep detailed records of all disciplinary actions, including documentation of hearings and communication with parents.

Discrimination and Discipline: Title VI, Title IX, and Section 504 Compliance

School districts must ensure that discipline is applied equitably and does not disproportionately impact students based on race, gender, or disability status. Federal civil rights laws such as Title VI of the Civil Rights Act, Title IX of the Education Amendments Act, and Section 504 of the Rehabilitation Act require that discipline policies do not discriminate against protected groups.

Common Legal Pitfalls:

• Disproportionate suspension or expulsion rates among students of color, which can lead to allegations of racial discrimination.
• Inconsistent application of discipline policies for male and female students, potentially leading to claims of gender discrimination under Title IX.
• Failing to accommodate students with disabilities in the disciplinary process, such as punishing a student for behavior related to their disability without offering appropriate support services.

Mitigation Strategies:

• Regularly review disciplinary data to identify any patterns of disproportionate impact on students of different races, genders, or disability statuses.
• Train staff to recognize and avoid implicit biases that may influence disciplinary decisions.
• For students with disabilities, ensure that disciplinary actions comply with IDEA and Section 504, including conducting a manifestation determination review to determine whether the behavior in question was a direct result of the student’s disability.

Manifestation Determination for Students with Disabilities

Under the Individuals with Disabilities Education Act (IDEA), when a school seeks to suspend or expel a student with a disability for more than 10 days, the district must conduct a manifestation determination review. This process determines whether the student’s behavior was a direct result of their disability or the school’s failure to implement the student’s Individualized Education Program (IEP).

Key Steps:

• The review must be conducted within 10 days of the decision to suspend or expel the student.
• If the behavior is determined to be a manifestation of the student’s disability, the district cannot proceed with the expulsion and must instead revise the student’s IEP or provide additional support services.
• If the behavior is not related to the student’s disability, disciplinary action can proceed, but the student must continue to receive educational services.

Mitigation Strategies:

• Ensure that all IEP team members and administrators understand the requirements of manifestation determination and follow the legal process.
• Develop alternative discipline strategies for students with disabilities that focus on positive behavioral interventions rather than punitive measures.
• Document all meetings and decisions related to manifestation determination to ensure compliance with IDEA.

Bullying and Harassment: Complying with New Jersey’s Anti-Bullying Law

New Jersey’s Anti-Bullying Bill of Rights Act places a significant emphasis on addressing and preventing bullying, harassment, and intimidation in schools. Failure to properly address these issues can result in legal action and damage to the school’s reputation.

Key Requirements:

• Schools must have a clear anti-bullying policy that defines bullying and outlines the procedures for reporting, investigating, and resolving incidents.
• All reports of bullying must be investigated within 10 days, and appropriate action must be taken based on the findings.
• Disciplinary measures must be balanced with educational interventions aimed at correcting the behavior and preventing future incidents.

Mitigation Strategies:

• Ensure that all staff and students are aware of the district’s anti-bullying policy and how to report incidents.
• Conduct thorough and timely investigations into all reports of bullying, following the procedures outlined in the Anti-Bullying Bill of Rights Act.
• Use a combination of disciplinary action and educational interventions to address bullying incidents and prevent recurrence.

Conclusion

Handling student discipline and expulsion requires a careful balance between maintaining order and ensuring that students’ legal rights are respected. School districts in New Jersey must navigate a complex set of state and federal laws designed to protect students from unfair or discriminatory treatment, while also ensuring that the educational environment remains safe and conducive to learning.

By understanding and adhering to legal guidelines—such as providing due process, ensuring non-discrimination, and accommodating students with disabilities—districts can reduce the risk of legal challenges and create a fair, supportive environment for all students.

Staying proactive, regularly reviewing disciplinary policies, and providing staff with training on legal compliance will help school districts handle discipline effectively, protect student rights, and avoid costly legal disputes.

About the Author

Sandra Graise is the founder and host of “Legally Brewed” and a dedicated attorney with experience in litigation, personal injury, municipal law, and educational legal services. A member of esteemed legal associations, Sandra’s journey began at Rutgers University, New Brunswick, where she earned dual undergraduate degrees before excelling at Drexel University, Thomas R. Kline School of Law. When not practicing law, Sandra enjoys spending quality time with her husband, their three dogs, and a close circle of friends.