M.Ed.

Thesis (Ed. D.)--University of Washington, 2008. / Vita. Includes bibliographical references (leaves 107-113).

Thesis (M. Ed.)--University of Canterbury, 2008. / Typescript (photocopy). "December 2008." Includes bibliographical references (leaves 142-156). Also available via the World Wide Web.

The purpose of the study was to state in a positive manner the rights of administrators in dealing with student suspension, expulsion, and exclusion in substantive and procedural due process matters. A legal. research was used to accomplish the purpose of the study. A review of the literature from 1969 through 1978 was made. The focus of the review was upon attitudes of administrators regarding court cases dealing with student suspension, expulsion and exclusion. A selected review and analysis of United States Constitution, Indiana state law, federal and state appellate court decisions, Indiana Attorney General Opinions and related literature was wade to identify factors guiding school officials in dealing with student due process matters. The study was limited to the laws, court decisions, and Attorney General Opinions in Indiana involving student suspension, expulsion, and exclusion.Even though the study was limited to Indiana, the following considerations would also apply throughout the United States.(1) Students have due process rights. (2) Constitutionality of a school regulation and reasonableness of a rule is a question of law to be decided exclusively by the courts. (3) Boards of education and school administrators have the power to make and enforce reasonable rules and regulations for the proper process in general. (4) Where rules infringe upon freedom of expression, the school officials have the burden of showing justification. (5) Administrators are upset over recent United States Supreme Court decisions and an apparent loss of control of students. (6) A compensatory award to students would be appropriate if the measures of impermissable motivation or disregard of a student's constitutional rights were maliciously violated. (7) Student dismissal for failure of a student to meet academic standards calls for far less stringent procedural requirements than dismissal of a student for violation of valid rules of conduct. (8) The Fourteenth Amendment of the United States Constitution does riot apply to the internal disciplinary operations of a private school. (9) A student involved in a due process matter must take advantage of all administrative remedies available before filing a law suit. (10) School Officials have the authority to expel a student under the age of sixteen for a violation of reasonable rules and regulations. (11) The laws and recent court decisions should not hinder the fair minded school administrator. (12) School attendance records are admissable as evidence in a court of law.In addition to the study findings, the following conclusions, based upon the review and analysis of pertinent constitutional law, federal and state court decisions as well as upon the reading of related literature and conversations with attorneys and school officials were developed. (1) A school official may avoid legal problems in dealing with students if the following steps are followed: (a) The school official must make every attempt to establish reasonable rules and regulations. (b) The school official must carry out discipline procedures without malice. (c) The school official must provide the minimum essentials of due process. 1. Oral and written notice of charges are provided the student. 2. The student must have the opportunity to tell what happened in the incident under investigation. (2) The Indiana Statute on Due Process and Pupil Discipline provides the framework and guide to follow in discipline matters. School corporations may avoid time consuming and expensive court proceedings by adhering to the statute. The courts have overturned student challegnes on substantive and procedural due process if the student had not sought all remedies available under the Indiana Due Process and Pupil Discipline Statute.Even though the study was limited to Indiana, the above listed conclusions, with the exception of number two, would also apply throughout the United States.

The purpose of this study is to examine if school or community characteristics correlate with suspensions and expulsions. The data examined in this study were drawn from Riverside County schools. The schools were examined to determine if school or social disorganization characteristics correlate with suspension and expulsion rates.

This dissertation focuses on the expulsion of learners from secondary schools in the Western Cape. Learners with behavioural and emotional problems are disruptive in class. They antagonise teachers and challenge the code of conduct of the school. Expelling learners has far reaching consequences for education and society. Although official expulsions have remained constant the number of "unofficial expulsions" appear to be increasing. Expulsion rates vary amongst schools, but those situated in middle-class areas request more expulsions than those situated in lower socio-economic areas. Substance abuse is by far the most dominant reason for expulsion followed by physical confrontation, verbal confrontation, theft, sexual assault and other behavioural problems. Whilst certain factors such as the socio-economic background, intake, catchment area and ethos of the school does influence expulsions, factors within the school i.e. the attitude of the principal towards certain policies and practices may unintentionally contribute to its increase. Finally, the dissertation provides guidelines and recommendations towards minimising expulsions. / Educational Studies / M.Ed. (Guidance and Counselling)

This dissertation focuses on the expulsion of learners from secondary schools in the Western Cape. Learners with behavioural and emotional problems are disruptive in class. They antagonise teachers and challenge the code of conduct of the school. Expelling learners has far reaching consequences for education and society. Although official expulsions have remained constant the number of "unofficial expulsions" appear to be increasing. Expulsion rates vary amongst schools, but those situated in middle-class areas request more expulsions than those situated in lower socio-economic areas. Substance abuse is by far the most dominant reason for expulsion followed by physical confrontation, verbal confrontation, theft, sexual assault and other behavioural problems. Whilst certain factors such as the socio-economic background, intake, catchment area and ethos of the school does influence expulsions, factors within the school i.e. the attitude of the principal towards certain policies and practices may unintentionally contribute to its increase. Finally, the dissertation provides guidelines and recommendations towards minimising expulsions. / Educational Studies / M.Ed. (Guidance and Counselling)