The learning environment
The learning environment should provide a better and thriving opportunity for all students and teachers and other school staff. However, when students engage in unreasonable and unlawful behavior, then a form of disciplinary action is taken in an attempt to keep the school safe for everyone. S. 1006.07 (2)(d)2 outlines the District school board (DSB) role when it comes to students’ discipline and safety in school in Florida State. There is a due process that the DSB follows in suspending students who have been found in breach of the School Code of Conduct. Prior to the decision by the DSB, there is an additional due process that should be performed to ensure that the suspension is conducted according to Florida District School Board. Students who will have been found in violation violating dress policy or zero tolerant policy may be suspended or expelled depending on the degree of the offense committed because minor disturbance such as misconduct does not require warranty application of zero-tolerance policy. In short term supens9ion p[olicy a student can be punished by In-School Suspension, which goes for about less than ten days placement in alternative programs. A student can also be placed in a short term suspension policy by Out-of-School Suspension, which involves removing the student from all classes and out of classes’ activities for less than ten days. The long term suspension may occur if the student is found in possession of drugs, violence or threat to causing injuries to others, the breach of the sexual harassment policy, distraction on the bus or/and in the classroom or if they have off-campus criminal charges (American Civil Liberties Union, n.d). Additionally, if the student continues to engage in misdemeanor, the assessment team in the school can decide to report the matter to law enforcement.
The due process procedures for a short-term and long-term suspension of a student are different depending on the offense committed where the short-term suspension is exercised leniently for only about ten days, and the student is allowed to resume classes as usual. However, when a student is found to have engaged in bodily harm, possession of a weapon, or in breach of the sexual harassment policy, then they tend to get suspended for a more extended period, which might even be more than a year. The zero-tolerance policy makes sure that the school can suspend or expel students on a long-term basis if they see specific behavior as dangerous or a threat to school safety. Moreover, the long-term suspension has come under scrutiny, with the application of zero policy being blamed for an increase in the expulsion of students under absurd accusations. Albite (2020) claims that “Zero tolerance policies eliminate the opportunity for schools to teach students about being good citizens, performing good deeds, and simply bettering themselves.” According to the author, the suspension of students should be the last option because it taints the character of a student when long-term suspensions are carried out, which mostly involve law enforcers.
The requirements before the application of short-term and long-term suspension of a student are consistent with Goss v. Lopez, which requires that before a student being suspended, there should be a hearing process. Dwight Lopez and Betty Crome were the plaintiffs in this case where they argued that the school principals in Central High School and McGuffey Junior High School suspended them for ten days which was against the Fourth Amendment which, ” forbids the State to deprive any person of life, liberty, or property without due process of law” (SUPREME COURT OF THE UNITED STATES, 1975). Thus, they violated the plaintiff’s rights of suspension from school without following the due process of setting up a hearing for them to defend themselves of the accusations directed towards them by the school.