DMPow said:
My son attends high school in Northern California. His high school math teacher reciently dropped his test grade from the 85% he earned to a 75%. The teacher said he did it because he felt my son had disrupted the class that day. My son was not disciplined on the day in question and had no idea he had done anything wrong.
I had a meeting with the teacher and a counsaelor but the school will not restore the original grade.
Another parent told me that changing a test grade for disciplinary reasons may actually be illegal. I was told there may be a legal precedent regarding this.
I understand a teacher needs disipline in the class room but I think class participation points or some other tool should be used. It seems wrong to change test grades.
My response:
DST was the one most closely correct to the actual problem and solution. The following are the laws from the California Education Code on the subject of discipline, and what you can check, who to ask, and to obtain a copy of the rules of discipline. If grade reductions are NOT a part of the accepted "policy" of your school district's disciplinary structure, then you can file a lawsuit for an injunction, and obtain attorney's fees and costs if you win.
CALIFORNIA CODES
EDUCATION CODE
SECTION 35290-35293
35290. The governing board of any school district shall maintain
schools and classes as provided by law.
35291. The governing board of any school district shall prescribe
rules not inconsistent with law or with the rules prescribed by the
State Board of Education, for the government and discipline of the
schools under its jurisdiction. The governing board of each school
district which maintains any of grades 1 through 12, inclusive,
shall, at the time and in the manner prescribed by Sections 48980 and
48981, notify the parent or guardian of all pupils registered in
schools of the district of the availability of rules of the district
pertaining to student discipline.
35291.5. (a) On or before December 1, 1987, and at least every four
years thereafter, each public school, in accordance with the
requirements of this section, shall adopt rules and procedures on
school discipline applicable to the school. The school discipline
rules and procedures shall be consistent with any applicable policies
adopted by the governing board and state statutes governing school
discipline. In developing these rules and procedures, each school
shall solicit the participation, views, and advice of one
representative selected by each of the following groups:
(1) Parents.
(2) Teachers.
(3) School administrators.
(4) School security personnel, if any.
(5) For junior high schools and high schools, pupils enrolled in
the school.
Meetings for the development of the rules and procedures should be
developed and held within the school's existing resources, during
nonclassroom hours, and on normal schooldays.
The final version of the rules and procedures on school discipline
with attendant regulations shall be adopted by a panel comprised of
the principal of the school, or his or her designee, and a
representative selected by classroom teachers employed at the school.
It shall be the duty of each employee of the school to enforce the
rules and procedures on school discipline adopted under this
section.
(b) The governing board of each school district shall prescribe
procedures to provide written notice to continuing pupils at the
beginning of each school year and to transfer pupils at the time of
their enrollment in the school and to their parents or guardians
regarding the school discipline rules and procedures adopted pursuant
to subdivision (a).
(c) Each school shall file a copy of its school discipline rules
and procedures with the district superintendent of schools and
governing board on or before January 1, 1988.
(d) The governing board may review, at an open meeting, the
approved school discipline rules and procedures for consistency with
governing board policy and state statutes.
48950. (a) School districts operating one or more high schools and
private secondary schools shall not make or enforce any rule
subjecting any high school pupil to disciplinary sanctions solely on
the basis of conduct that is speech or other communication that, when
engaged in outside of the campus, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article 1 of the California Constitution.
(b) Any pupil enrolled in a school that has made or enforced any
rule in violation of subdivision (a) may commence a civil action to
obtain appropriate injunctive and declaratory relief as determined by
the court. Upon motion, a court may award attorney's fees to a
prevailing plaintiff in a civil action pursuant to this section.
(c) This section does not apply to any private secondary school
that is controlled by a religious organization, to the extent that
the application of this section would not be consistent with the
religious tenets of the organization.
(d) Nothing in this section prohibits the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
(e) Nothing in this section shall be construed to supersede, or
otherwise limit or modify, the provisions of Section 48907.
(f) The Legislature finds and declares that free speech rights are
subject to reasonable time, place, and manner regulations.
Good luck to you.
IAAL
