ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, January 4, 1997 TAG: 9701060046
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: JOEL TURNER STAFF WRITER
A parent of a Roanoke student who was suspended for several days during the past school year wanted to appeal to the School Board to overturn the disciplinary action.
But school officials took the position that Superintendent Wayne Harris had the final authority in cases of student suspensions of not more than 10 days. The board did not grant an appeal.
"If we get involved in hearing appeals of all suspensions, it would be an impossible situation," said Marsha Ellison, board chairwoman. "We could get into so many cases that it would keep board members busy. Board members have their own jobs."
The board hires principals and the superintendent to handle disciplinary cases and should hear only appeals of expulsions, Ellison said. "We shouldn't be second-guessing decisions on discipline and other actions by principals and school officials."
Some school boards in Virginia interpret state law differently, however, and grant appeals of suspensions from all students who request them regardless of the length.
The Fairfax County School Board recently heard an appeal by a student who had been suspended for one day.
Because of the growing number of appeals of disciplinary decisions, Fairfax County has asked the General Assembly to approve legislation that would give the superintendent the final say on suspensions of 10 days or less.
The Roanoke School Board has asked the legislature to do the same in order to clarify what it believes to be current law.
The requests have brought complaints from the American Civil Liberties Union, which views them as an attempt to curtail students' rights.
"It's not the right time to be shortchanging due process and constitutional safeguards," said Kent Willis, executive director of the Virginia chapter of the ACLU. "We're getting more school suspensions and expulsions. School boards are becoming more punitive. We're seeing more publicity about cases where students are being suspended and expelled for what seems to be minor offenses in some instances - and we read that school officials are saying they've got to set an example."
In the current climate, Willis said, the state legislature should be cautious about streamlining disciplinary processes.
"At a time when some school officials are overreacting, we need to make sure that we don't undermine due process and constitutional protections," he said.
The Fairfax and Prince William counties' school boards also want expulsion cases to be heard by a three-member panel of school board members, which would allow the board to rotate the responsibility.
Under current law, school boards have the final authority in expulsion cases. A majority of the board must act on each expulsion recommendation.
Board members in these Northern Virginia localities said a sharp increase in expulsion cases in recent years has required them to spend 12 to 14 hours hearing the appeals on some days. There were more than 100 expulsion cases in Fairfax County during the first quarter of the current school year.
The Roanoke School Board has not requested a change in the law on expulsions although it has spent several hours in appeals hearings at some meetings during the past two years.
Harris said he believes that the board, not school administrators, should make the decision on expulsions. He also thinks students should have the right to appeal long-term suspensions, such as 30 to 60 days.
Expulsion is defined as the permanent denial of access to schools, but students can apply for readmission after a year under certain conditions.
LENGTH: Medium: 70 lines KEYWORDS: GENERAL ASSEMBLY 1997by CNB