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School discipline in Missouri: the 10-day line, the 180-day cap, and the two-day bullying clock

Missouri law sets who can suspend a student and for how long, when a family can appeal to the school board, and how fast a school has to start a bullying investigation.

글쓴이 Ian Massaro

Founder and President of KidsKnowRights8 분 분량

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주제:Missourisuspensionbullyingstudent rights

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A ninth-grader in Kansas City is sent home after a fight in the cafeteria. The principal says three days. A week later, the superintendent says the suspension will be much longer. What happens next depends on one Missouri statute and one number: ten school days. This article covers attendance, suspensions, bullying reports, and a free-speech case that started in a Missouri high school.

Who has to be in school, and until when

Missouri's compulsory attendance law, section 167.031, requires a child to be enrolled in school from age 7 until the 'compulsory attendance age' for the district. In most districts that means age 17 or finishing 16 credits toward graduation, whichever comes first. A metropolitan district can set its own rule by board vote.

There are a few exceptions. A superintendent can excuse a student 14 or older who has a legal job, after telling the parents. A student can also be excused for a mental or behavioral health reason if the school gets a note from a licensed mental health professional. If a family enrolls a 5- or 6-year-old in public school, that child is expected to attend regularly too.

Suspensions: the 10-day line and the right to appeal

Under section 167.171, a principal can suspend a student for up to 10 school days. A superintendent can suspend for up to 180 school days. Before any suspension, the school must tell the student the charges, orally or in writing. If the student denies them, the school must explain the facts behind the charges and let the student tell their side.

Past 10 days, the rules get stronger. The student or parents can appeal the superintendent's decision to the school board, and the board must hold a hearing if the family asks for one. Once the family says it wants to appeal, the suspension is generally on hold and the student stays in school until the board decides. The exception is when the superintendent decides the student is a continuing danger or an ongoing threat of disruption. Ask for the hearing in writing. You are allowed to.

A student suspended for more than 10 days in a row for an act of school violence cannot return until the school holds a conference with the family to review what happened.

Bullying reports and the student newspaper case

Missouri's anti-bullying law, section 160.775, requires every district to put its policy in the student handbook. It covers cyberbullying, meaning bullying through texts, messages, or images on a phone or computer. Each school must name one staff member to receive reports. A staff member who sees bullying has two school days to report it. The principal must start an investigation within two school days of a report and finish it within ten school days, unless there is good cause for more time. The law also bans retaliation against anyone who reports.

On student speech, one of the best-known U.S. Supreme Court cases came from St. Louis County. In Hazelwood School District v. Kuhlmeier (1988), students at Hazelwood East High School sued after the principal pulled two pages from Spectrum, the school newspaper. The Court held that schools may control the content of school-sponsored papers when their reasons are tied to legitimate teaching goals. We could not confirm that Missouri has passed a state student-press law that gives more protection, so Hazelwood is still the rule for school papers here.

What to do if you disagree with the school

중요

Start with paper. Ask for the suspension notice in writing, and write down the date you got it. For a suspension longer than 10 days, send a written request to appeal to the school board. For bullying, make a written report to the person your handbook names and keep a copy, since the two-day and ten-day clocks start from the report.

The Missouri Department of Elementary and Secondary Education (DESE) is the state education agency. Its complaint process covers specific areas, and we could not confirm which ones on an official page for this article. Check dese.mo.gov or call the department before assuming it can review a local discipline decision.

기억하세요

  • In most Missouri districts, school is required from age 7 until 17 or until a student earns 16 credits.
  • A principal can suspend for up to 10 school days; a superintendent for up to 180, and past 10 days a family can appeal to the school board and ask for a hearing.
  • After a bullying report, the principal must start investigating within two school days and finish within ten.
  • Hazelwood v. Kuhlmeier (1988), a St. Louis County case, lets schools edit school-sponsored newspapers for legitimate teaching reasons.

출처

이 글은 일반적인 교육 정보를 제공하며, 개인에게 맞춘 법률 자문이 아니에요. KidsKnowRights는 법률 사무소가 아니며, 이 글을 읽는다고 해서 변호사-의뢰인 관계가 생기지 않아요. 법은 주, 나이, 상황에 따라 다르고 시간이 지나면서 바뀌어요. 실제 상황에 대한 조언이 필요하면 면허가 있는 변호사나 법률 구조 단체와 상담하세요.