Blog 7: Administrative Rules/Policies for Suspension

Introduction

The California Education Code establishes the guidelines for suspending students in schools throughout California. It outlines how school officials should manage suspensions to protect students' rights and ensure that schools remain safe and focused on learning. The code details when a suspension is appropriate, how to inform students and parents about it, and the process for appealing a suspension decision.

This policy impacts students, parents, and educators. For students, being suspended can have serious repercussions. It can negatively affect their academic performance, social life, and emotional well-being. Missing school can create gaps in learning that are difficult to address later on. Additionally, suspension can harm a student’s self-esteem and influence their future behavior in school.

Parents face challenges when their child is suspended. They need to understand their rights and the appeals process specified in the Education Code, which can be overwhelming. Parents may experience emotional stress as they consider the implications of the suspension for their child's future and how to address the behavior that led to it. They might also feel frustrated if they perceive the suspension as unfair or unclear.

These policies similarly impact educators and school administrators. They must enforce the Education Code while considering each student’s circumstances. The guidelines provide a framework, but managing behavior can be subjective, making it challenging for educators to make decisions that may displease students and parents. Educators require training and support to apply the rules fairly and consistently.

In summary, the California Education Code regarding suspensions is crucial for schools. It establishes clear procedures to protect students' rights while allowing schools to maintain order and safety. These policies affect students, concern parents, and involve educators, highlighting the importance of understanding the Code and its role in education.

As an educational leader, it is essential to analyze this policy's impact on developing and implementing a shared vision of learning for all students. This paper will examine the school administrative policy on suspension in California, explore the source of authority for the rule, identify those affected by it, review enforcement and due process procedures, and provide a personal perspective on the policy’s effectiveness and implications.

Administrative Policy on Suspension in California

In California, school suspension policies are based on the California Education Code. This code sets guidelines for how schools handle suspensions and protects students' rights, ensuring a safe learning environment. It explains the steps schools must follow when suspending a student and outlines students' rights during the process, such as the right to due process and appeal suspension decisions.

It's important to know that while the Education Code provides a general framework, each school district may have additional policies that reflect its specific needs. Local policies might include extra support like behavioral interventions, alternative education options, and restorative justice practices to reduce suspensions.

The book "California School Law" by Frank Kemerer and Peter Sansom notes that we must also consider local district policies and state and federal laws, including the Individuals with Disabilities Education Act (IDEA). IDEA is essential because it requires schools to provide proper educational services to students with disabilities, even if they are suspended. Schools should keep these students learning through alternative settings or modified assignments during their suspension.

Additionally, state and federal constitutions protect students during discipline situations. For example, the First Amendment guarantees students' right to free speech, which can relate to disciplinary actions when students express themselves or protest. The Fourteenth Amendment ensures students have the right to due process, meaning they cannot be suspended without a fair hearing and a chance to defend themselves.

In summary, California's rules for school suspensions are complex and must consider local policies, constitutional protections, and IDEA. This balanced approach keeps schools safe while respecting students' rights, creating a fair and just educational environment.

The Source Of Authority For The Rule

School suspension rules come from different levels of authority, including federal, state, and local governments. At the federal level, laws like the Individuals with Disabilities Education Act (IDEA) and the Every Student Succeeds Act (ESSA) set basic guidelines for treating all students fairly, especially those with disabilities. These laws aim to protect students' rights and ensure that suspensions are fair and just.

Each state has its education laws that govern school discipline. These laws define when a student can be suspended, how long the suspension lasts, and students' rights. State education departments may also suggest best practices for managing suspensions, such as due process, notifying parents, and allowing students to share their story.

Local school districts develop and enforce suspension policies that fit their communities and students. Districts may create detailed codes of conduct outlining behaviors that can lead to suspension and the steps to take when a suspension occurs. These local policies can vary greatly, reflecting the specific cultural and social needs of the areas they serve. Local school boards can also review and change these policies, so they must stay updated on state and federal laws to ensure they follow the rules.

The relationship between state and federal laws and local district policies can create complex situations. Schools must balance keeping a safe learning environment and respecting students' rights. This balance can lead to debates among educators, parents, and policymakers about whether suspensions are the right disciplinary measure. Some districts are looking into alternatives like restorative justice practices, which focus on fixing harm and rebuilding relationships rather than punishing students.

Recent studies indicate that school suspensions do more harm than good for students. Research shows that the more severe the punishment, the more significant the negative impact on children. According to an article by NEA Today, two key takeaways about student suspensions have emerged:

1. A new study adds to the growing evidence that suspensions are ineffective in most cases.

2. Restorative justice approaches have been shown to affect school climate and reduce frequency positively. (NEA Today, 2021)

In summary, school suspension rules come from various federal, state, and local sources. Each plays a role in creating a fair disciplinary process. Understanding this framework is essential for teachers, administrators, and families as they work to develop supportive educational environments for all students. 

Review the Enforcement and Due Process Procedures

According to an article by Purdue Global Law School, "due process is an important part of the 14th Amendment that affects public education rights. The Due Process Clause states that states cannot take away a person's life, liberty, or property without following fair legal procedures. The Supreme Court has clarified that this clause includes protections for individual rights and basic legal processes" (Purdue Global Law School, 2025).

Public schools must follow strict rules to protect students' rights, including their right to an education. Adherence to these rules is part of the due process of law. When students are suspended or expelled, they and their parents must understand their rights to appeal the school's decision.

If a student is suspended, they can request a formal hearing to challenge the decision. The student and their representatives can present evidence and arguments to support their case during this hearing. This may involve calling witnesses, submitting written statements, or providing documents refuting the suspension's reasons. The school must also explain why the initial decision was made, ensuring clear communication and accountability.

If the appeal is denied, there are still options available. Students and their families can contact the California Department of Education for assistance. This department verifies whether schools follow proper procedures and upholds due process. The issue can also be taken to court, where legal representatives can argue that the student's rights were violated. This step-by-step approach emphasizes the importance of protecting students' rights and ensuring that disciplinary actions are fair, with appropriate opportunities for appeal.

People Affected by Suspension Policies

Suspension affects many people, each experiencing its consequences differently. Students face immediate issues when they are removed from school. They miss out on learning and social interactions.

Parents also feel the impact. They must manage their child's time away from school, deal with behavior problems, and help them stay engaged with education during this time. Parents often worry about the long-term effects of suspension on their child's academic growth and social skills.

Teachers are also significantly impacted. When a student is suspended, it disrupts that student’s learning and the entire classroom. Teachers might have to change their lesson plans and find ways to support the rest of the students, especially if the suspended student was important to group activities. Teachers often feel stressed by suspensions because they want to help their students behave well rather than punish them.

Administrators are responsible for enforcing suspension policies. They must maintain order in the school while providing a supportive learning environment. This can mean making tough decisions that affect students’ lives. They must apply the rules fairly and consistently while considering each student's situation. This often leads to meaningful discussions about fairness and justice in our schools.

Superintendents and district boards also have a significant role in suspension policies. They oversee how suspensions are managed in all schools within a district. Their choices can shape school discipline approaches, including using restorative practices instead of suspensions. They must consider how suspensions affect student success, school atmosphere, and community relationships while working to create policies that support student well-being and educational achievement.

Student suspension affects various groups, including students, parents, teachers, administrators, and district leaders. Each has concerns that must be addressed to create fair and effective policies. Understanding these viewpoints is essential for improving school discipline and supporting all students’ educational and emotional needs.

Suspensions have a significantly negative impact on students. According to an article by the Learning Policy Institute titled "Pushed Out," suspensions and expulsions can have long-lasting detrimental effects on those affected. Compared to similar students who were not removed from the classroom, suspended students are more likely to experience academic difficulties, repeat a grade, and drop out of school. Additionally, suspended students are less likely to graduate from high school and college and are at a greater risk of becoming involved in the criminal justice system.

Furthermore, a school environment focused on control and punishment harms suspended students and negatively affects those who remain in school. Studies have shown that students not suspended in schools with harsh exclusionary discipline policies tend to have lower test scores than those with fewer suspensions. (Learning Policy Institute, 2022)

Personal Perspective on the Policy’s Effectiveness and Implications

When we examine a policy's effectiveness and impact, we must consider different aspects that affect its overall success. The policy has both strengths and weaknesses worth examining. We can often measure a policy's effectiveness by how well it meets its goals and addresses the needs of those involved.

One key strength of this policy is its clear goals, which aim to solve specific problems in the community. For example, if the policy seeks to improve public health, we should evaluate how success is measured. Are there real improvements in health? Has the number of diseases decreased? Collecting data on these points can show us how effective the policy is.

Additionally, the policy's effects go beyond immediate results. We should consider how this policy fits with existing rules and programs. Does it support or contradict other efforts? Understanding these connections can reveal possible benefits or unexpected issues from implementing it. We must also consider whether the policy will remain effective over time or if certain factors might hinder its success later.

Moreover, stakeholders, such as community members, policymakers, and experts, are essential in assessing the policy's impact. Engaging with these groups can help us understand how the policy is received and applied. Are there voices that haven’t been heard? Are there concerns that should be addressed to make the policy more effective? These questions point out the need for inclusivity in creating policy.

In conclusion, while the policy may have been created with good intentions, we need to examine its effectiveness and implications closely. We can better understand its impact by looking at its goals, measuring outcomes, considering how it works with other policies, and involving diverse stakeholders. This comprehensive approach will help us improve future policy changes and ensure the policy truly benefits the community it aims to serve.

Kemerer, F., & Sansom, P. (2013). California school law: Third Edition. Stanford University

Purdue Global Law (2025) https://www.purduegloballawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education

Learning Policy Institute (2022) https://learningpolicyinstitute.org/sites/default/files/2022-09/CRDC_School_Suspension_REPORT.pdf

NEA Today (2021) https://www.nea.org/nea-today/all-news-articles/school-suspensions-do-more-harm-good