The Connecticut General Assembly has defined suspension as an exclusion from school privileges and transportation for no more than ten days. Under Section 10-233b of the Connecticut General Statutes, school administrators can suspend students if the conduct:
- violates publicized policy of the local or regional board of education;
- seriously disrupts the educational process; or
- endangers persons or property.
If the conduct occurs on school grounds, it only needs to meet one of these elements. For off-campus conduct, administrators can suspend students only if the action violates publicized policy and seriously disrupts the educational process. To help parents understand, we will explore each element in detail below.
Local Board Policies and School Rules
Connecticut's legislation empowers local or regional boards of education to establish disciplinary rules and policies, often specified in student handbooks. If a student violates these rules, the school may impose a suspension.
If your child's suspension is based on a publicized policy violation, review the school handbook to confirm if the conduct breaches any stated rules. During suspension hearings, a robust case can be made by showing that the conduct is not prohibited by the rules:
- School rules must be clear and understandable to make students and parents aware of prohibited conduct.
- Schools must inform parents and students annually about board policies related to student behavior, usually through handbooks.
- Any school rule should have a reasonable connection to its intended goal, though it doesn't need to be the best approach.
Serious Disruption of the Educational Process
According to the Connecticut State Department of Education, a serious disruption occurs when conduct substantially interferes with the operation of classes, study halls, libraries, or meetings involving students and staff. Recurring or cumulative disruptions could also meet this threshold. Authorities should consider the frequency, number, and severity of the offenses in making this assessment.
Off-Campus Conduct
The Connecticut Supreme Court requires a concrete relationship between off-campus conduct and school operation. The General Assembly outlines factors including the proximity of the incident to school, gang involvement, acts of violence or threats, and alcohol usage.
The term "endangerment" involves actions that expose students to risk or harmful situations, such as fighting, bullying, possession of firearms, or controlled substances, and property damage.
Disciplinary Record and Suspension Length
Administrators may assess a student’s past disciplinary record while deciding on suspension length. First-time issues might lead to waived or shortened suspensions, replaced with programs that parents aren’t required to fund. Conversely, a pattern of past behaviors might result in longer suspension periods.
In-School vs. Out-of-School Suspensions
An in-school suspension involves a student's removal from the regular classroom for no more than ten consecutive days. Data indicates that in-school suspensions are less likely to contribute to repeat misbehavior or juvenile justice involvement, prompting a legislative preference for this approach unless:
- The student poses a significant danger or causes substantial disruption.
- Out-of-school suspension is appropriate due to the student's past disciplinary issues, particularly if previous interventions have been ineffective.
The State Department of Education advises considering these factors before applying out-of-school suspensions:
- Age, Grade, and Developmental Stage: Younger children might lack the maturity to recognize inappropriate conduct, warranting educational interventions over harsh penalties.
- Behavioral Reasons: If the misbehavior stems from frustration, not malicious intent, addressing the root cause through support programs may be more effective than suspension.
- Past Disciplinary Records: New infractions might not justify out-of-school suspension unless a pattern of behavior exists.
- Risk of Instructional Loss: For disengaged students, out-of-school suspensions might hinder academic performance further.
- Cultural Considerations: Misconduct may arise from cultural misunderstanding, emphasizing the need for clear communication and empathy.
- Parental Involvement: Active collaboration with parents could help mitigate misbehavior more effectively than punitive measures.
If an in-school suspension is enforced, students may serve it within their school or in another facility under the same board of education's jurisdiction, according to administrative preference.
Contact Us
If you have any questions regarding school suspensions in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
