The Law of Schools, Students and Teachers in a Nutshell by Kern Alexander & M David Alexander

Author:Kern Alexander & M David Alexander
Language: eng
Format: epub
ISBN: 9781640204249
Publisher: West Academic
Published: 2018-03-15T00:00:00+00:00

ACADEMIC DISCIPLINE

If students violate school academic rules or teachers’ classroom academic requirements, then a reduction in grades or, even, a denial of promotion may be justified. In a case where four students submitted a paper for a history project that had to be largely 327

copied verbatim from reference sources, the students were given a grade of zero. The parents sued claiming the teacher’s instructions had been unclear. At a hearing, the school superintendent found that the teacher had explained plagiarism and its consequences. The court held for the school district finding that the assigned grade was not inappropriate. The process afforded the student was reasonable and the assignment of a grade of zero was fair. Zellman v. Independent School Dist. No. 2758, 594 N.W.2d 216 (Minn.App.1999). Similarly where students stole copies of an algebra test, the school, after a hearing, assigned Fs to the students. Three of the students were given 10-day suspensions in addition to the Fs. The court held for the school district. Reed v. Vermilion Local School Dist., 614 N.E.2d 1101 (Ohio App. 6th Dist.1992). The U.S. Court of Appeals, Seventh Circuit, has held that giving students an F in band class for violating band performance rules did not implicate substantive due process and did not shock the conscience even though the grade of F prevented one student from graduating with honors. Dunn v. Fairfield Community High School District No. 225, 158 F.3d 962 (7th Cir.1998). Thus, academic discipline for academic offenses will normally be upheld by the courts so long as there is evidence that the school conducted at least a rudimentary hearing on the matter, and did not act arbitrarily.

Yet, attendance at school and academic performance may be reasonably connected, and failure to attend school may affect the overall educational process. If a school board decides that 328

attendance is essential to fulfill academic requirements and rules are so promulgated relating attendance to academic performance, then the courts are not likely to intervene. Slocum v. Holton Board of Education, 429 N.W.2d 607 (Mich.App.1988). In Slocum, the court said, “School authorities may determine that attendance, class participation and similar factors are proper educational values bearing on a student’s academic achievement.” (See Chapter 2 Grade Reduction.)

Thus, while school authorities have broad authority in the evaluation of students, the exercise of the authority cannot be so broad and indiscriminate as to permit unreasonable or improper exercise of discretion. What constitutes appropriate use of discretion largely depends on how well the school documents its rationale and how closely that rationale relates to the desirable educational end that the rule is designed to achieve.

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