Vol. 3, No. 5, Pg. 32. Defending Students' Rights.

• Author: By Mary C. Williams

South Carolina Lawyer

1992.

Vol. 3, No. 5, Pg. 32.

Defending Students' Rights

32Defending Students' RightsBy Mary C. WilliamsSchool districts have the duty and authority to maintain a safe, secure environment for South Carolina's children. Incidents of drug abuse and violence not only occur in the state's communities in general but also have been reported in the schools.

In addition to such "traditional" offenses as dress code violations, academic difficulties and classroom tardiness, school administrators today must deal with matters related to drugs and weapons in the school.

Standards of conduct for school districts to enforce and students to follow are set forth in S.C.Bd.Ed. R. 43-279, S.C. Code Ann. (Reg.) (Law Co-op. 1976) (the Regulation). The goal for student conduct is to ensure that "The rights of students are supported by the responsibility to insure that the rights of others are respected."

The Regulation sets forth three levels of student misconduct that can trigger teacher-parent conferences, administrative review, verbal reprimands, suspension and expulsion. The three levels of misconduct are disorderly conduct, disruptive conduct and criminal activity.

Review of student activity does not end at the classroom door, however. The Regulation applies to school bus transportation and all school sponsored activities such as football games and club meetings.

Disorderly Conduct

Acts of disorderly conduct can include cheating on exams or class assignments, lying, disrupting the instructional process, abusive language, failure to carry out instructions, forging notes or excuses, cutting class, lateness to school or class and truancy. Sanctions for disorderly conduct can include verbal warnings, withdrawal of privileges, demerits, detention, corporal punishment and in-school suspension. Although some districts like to obtain a parent's permission for use of corporal punishment, the law does not require it.

Disruptive Conduct

Disruptive conduct offenses are prohibited student activities that are directed against a person or property and endanger the safety of others. Examples of disruptive behavior include the use of

34drugs or alcohol, fighting, vandalism, stealing, threats against other persons, trespassing, use of abusive language, refusal to obey school personnel or agents, possession of unauthorized substances, illegally depriving others of access to school facilities, assembling unlawfully and disrupting a lawful assembly.

Punishment for disruptive conduct can include temporary removal from...