suspension w/out grounds?

[OHRoadwarrior]

Imagine the legal liability if the school OWNED every spot where the bus stopped.

The school is not required to own property where school related activities occur.

 

[TheGeekess]

I don't recall the school notifying my parents the one time I got suspended. A letter was sent home that afternoon and I spent the next three days at home. It was not pleasant.

 

[TheGeekess]

The school is not required to own property where school related activities occur.

Children don't belong to the school until they get on the school bus. Until then, they are their parents' responsibility.

Your village wishes you'd come home.

 

[Humusluvr]

Districts face several delicate policy issues and must decide which responsibilities the school bears and which
responsibilities fall to parents and other caregivers. In addition, those responsibilities must be further clarified to
reflect policies when students are traveling between home and their school bus stops and while waiting for the bus.
Most school transportation professionals agree that it is the parents’ responsibility to supervise students at these times.

http://www.nhtsa.gov/staticfiles/nti/buses/pdf/SelectingSchoolBusStopLocations.pdf

 

[Humusluvr]

Children don't belong to the school until they get on the school bus. Until then, they are their parents' responsibility.

Your village wishes you'd come home.

agreed, and the govt link I provided supports what both you and I say.

Where's that village again? LOL, I hope my kid's school bus stop isn't on the way.

 

[TheGeekess]

agreed, and the govt link I provided supports what both you and I say.

Where's that village again? LOL, I hope my kid's school bus stop isn't on the way.

The Teen is a car-rider. We speed through the village, in case it's catching.

 

[OHRoadwarrior]

I would guarantee if children fought at the bus stop, waiting for the bus, they would get suspended. Notice your link did not say what the practice at OP's school district is. Nor did it specifically say what policy at a specific school district was. Somewhat useless to be honest.

 

[stealth2]

I would guarantee if children fought at the bus stop, waiting for the bus, they would get suspended. Notice your link did not say what the practice at OP's school district is. Nor did it specifically say what policy at a specific school district was. Somewhat useless to be honest.

And where did you address OP's school district, specifically?

 

[OHRoadwarrior]

I addressed it from an activity standpoint. The same way the school we are referring to did, with their suspension.

 

[tranquility]

A person was called the village idiot because of:

The bus stop is considered a school related activity. All the kids would not be there at that time if it wasn't for the common purpose.

was considered silly. Then we went from what the school can do, to what the school must do. Then, people started throwing out silly insults without basis. Let's look to the school's power to deal with students, OK? Does the school have the power to punish the student?

We will all agree the Constitution does not allow a child to smoke and that schools can discipline (or not allow benefits like sport participation) students for what they do outside of school. That's what drug testing is all about. If the school drug-tested the boy (if allowed under the law) and found nicotine, they could act. I'm not sure why this is different, but will play with those who think one must be on school property to commit something the school can deal with or be considered an idiot.

Note the liability risk all the way through the following case. The school district gets off, not because it did not have a duty (although, as quoted, it's discretionary), but because of qualified immunity. If you read the case, you see there is a lot of litigation on this matter and the specific facts which would eliminate that qualified immunity.

The CORRECT answer to the question asked (Unless the GA appellate judge is also a village idiot.):

The appellate courts of this state have consistently held that the supervision of student safety is a discretionary function, the proper exercise of which entitles school officials to immunity. See Kelly v. Lewis, 221 Ga.App. 506, 508, 471 S.E.2d 583 (1996) (student who was attacked by a gang on his way to school alleged that school officials failed to enforce rules governing supervision of arriving students); Teston v. Collins, 217 Ga.App. 829, 830-831(1), 459 S.E.2d 452 (1995) (student attacked by a visitor to school claimed officials failed to control third party visitors); Guthrie v. Irons, 211 Ga.App. 502, 506(2), 439 S.E.2d 732 (1993) (student who was attacked by another student in hallway claimed teacher[] failed to follow policy which required [she] monitor halls), disapproved on other grounds, Gilbert v. Richardson, 264 Ga. 744, 452 S.E.2d 476 (1994).

Info edit:
Oops, didn't cite the case.


Brock v. Sumter County School Bd., 542 SE 2d 547

 

[CSO286]

Maybe I'm a little jaded not being a parent, but if the kid isn't on school grounds, at a school function, or on the bus, why is it any of the school's business?

And I'm a non-smoker saying this.

Many schools require student athletes or students who participated in any extracurriculars (speeh, drama, ffa, etc) to sign a contract promising not to smoke, drink,do anything else illegal or risk suspension from games/meets/etc.


Doesn't matter where the child does these things.

This is a bit off of the quesiton of can the school suspend---but a careful review of the student handbook and code of conduct might reveal that the parents and/or students gave the school consent to suspend for some activities that occur off-campus.

 

[davew128]

13 year old smoking at the bus stop means he is bringing lighters or matches, and contraband onto school property.

Guess you missed the part where the kid was searched and nothing found.

 

[davew128]

Many schools require student athletes or students who participated in any extracurriculars (speeh, drama, ffa, etc) to sign a contract promising not to smoke, drink,do anything else illegal or risk suspension from games/meets/etc.


Doesn't matter where the child does these things.

This is a bit off of the quesiton of can the school suspend

As you said, this is a school suspension not banning from school activities, more to the point, it is not illegal for a child to smoke. It is illegal for them to purchase tobacco, but not to smoke.

If it were MY kid, I'd ground him for a month for smoking and then raise holy hell at the school for suspending him for this.

 

[Zigner]

No, it's not. The bus stop is either the end of someone's driveway, which would be private property, or the street, which would be city property. Unless the school BUILT a bus stop specifically for it's school's children, it would NOT be school property.

But if the child is getting on the bus with contraband, as I said, THAT is where the school's interests lie.

Imagine the legal liability if the school OWNED every spot where the bus stopped.

Nobody said it was school property