"It's not that we don't know what the problems are. We've known them for years. It's not that we don't know what the solutions are. We've known those for years. The problem is we haven't done anything about it."
Cleveland Mayor Frank Jackson
One argument by municipal school teachers on why charter schools can do better than municipal schools is that "a charter school can deal with troublesome students by simply getting rid of them". The argument concludes with "by law, the municipal school must then accept the troublesome student that was released by the charter school". Because of this, the charter schools are to be blamed for the poor behavior of the municipal school students.
During conversations I have had with Cleveland school teachers, I have questioned why the CMSD school administration puts up with unacceptable and even criminal student behavior. The explanation given is that the municipal schools are forced to by law. Municipal schools must accept all students, even those who cause trouble. But not the charter schools. They are exempt from those laws and can simply dismiss any students who cause trouble.
After researching the Cleveland school teachers’ claims, I have found that the municipal school districts have many tools at their disposal, backed by Ohio law, for dealing with bad student behavior. But unfortunately, the CMSD chooses not to exercise them. Instead, proverbial slaps on the wrist are administered in large quantities.
Now according to the CMSD CEO, Dr. Eugene Sanders, the CMSD supposedly has a zero tolerance policy for violence. Yet it has not been made public (at least I cannot find it anywhere). And also, supposedly the CMSD school teacher's union has in their contract that there is a zero tolerance policy against students who physically harm a teacher.
The Cleveland Metropolitan School District has a written student code of conduct. You can access it here directly. There are indeed written consequences a student may face (and I do mean may) if that student breaks the rules. Unfortunately the code of conduct is really quite lame with the administering of its consequences.
How can there be “zero tolerance” if a student does not always have to face consequences for breaking the rules? Zero tolerance means a student will be suspended or expelled not may be suspended or expelled.
There are laws in Ohio that allow public school districts to enforce discipline.
With all of these policies and laws in place, why does the CMSD have such problems with discipline? Why are not the violent students who hurt and maim students and teachers not being expelled let alone arrested?
There have been recent stories in the news about Cleveland students involved in physical altercations where they have critically injured school staff members. And the stories have indicated that the students involved were let off lightly. Instead of expulsion, the students were given simple 10 day suspensions. That was the punishment these students received for breaking the necks, arms and legs of their teachers and principals.
Are you appalled? Do you think this is ludicrous? Did the punishment fit the crimes?
Mayor Frank Jackson and school CEO Eugene Sanders keep telling the citizens of Cleveland that they are going to get tough on school discipline.
When? How? With more 10 day suspensions?
Actually they have indicated that they are going to spend more money for metal detectors and X-ray machines in schools. More security guards will be hired.
Perhaps the mayor and CEO should concentrate their efforts on holding the students (and their parents) accountable for their misbehavior by dishing out appropriate punishments. The consequences should be made to fit the offense.
It’s time to get tough by putting some bite into the consequences that are allowed under the Ohio Revised Code.
But instead, it’s so much easier to blame the charter schools.
Here are the laws (Ohio Revised Code) that give municipal schools the power to remove bad students. Students can in fact be expelled from school, no matter what their age. And if a student is 16 years of age or older and breaks the law, he/she can be permanently expelled from any Ohio public school. Now those are some no nonsense consequences.
Here is a link for the site of the Ohio Bar which answers some questions about student suspensions and expulsions.
Q.: What is the difference between a suspension and an expulsion?
A.: A principal or superintendent may prohibit a student from attending school for a period of up to ten days; this is considered a suspension. The removal of a student from school for more than ten days is an expulsion. Students are generally expelled for more serious offenses, such as bringing weapons or drugs to school.
Q.: What is the maximum length of an expulsion?
A.: Generally, a superintendent may expel a student for up to 80 days, or the number of school days remaining in the semester in which the incident in question takes place, whichever is greater. If there are less than 80 days remaining in the school year, the expulsion may be extended into the following school year.
For students who bring firearms onto school property, both state and federal laws require a one-year expulsion. The superintendent may modify this requirement on a case-by-case basis. In addition, the board of education may enact a policy permitting the superintendent to expel for one year a student who brings a knife to school, makes a bomb threat or commits certain acts on school property that would be considered a crime if committed by an adult. A superintendent also may expel a student for up to one year if the student brings a firearm or knife to an interscholastic competition, an extracurricular event, or any other school program or activity.
Q.: May a student be permanently expelled?
A.: Yes, but only in limited circumstances and only for the most serious offenses. If a student, aged 16 or older, is convicted of offenses such as murder or manslaughter of a school employee, selling drugs or possessing a deadly weapon on school grounds, the board of education may request that the state superintendent of public instruction permanently exclude the student from attendance at any public school in Ohio.
Q.: If a student is suspended or expelled from District A, can he or she just transfer to District B? A.: Not necessarily. First, there are certain rules that govern where a student attends school, such as the residence of the parents or payment of tuition. Second, the law allows the receiving/new district (District B) to temporarily deny admission to a student who has been suspended or expelled from another district until the time period of the suspension or expulsion has expired.
LEGAL REFS: ORC 3313.20; 3313.66; 3313.661; 3313.662; OAC 3301-35-03
Permanent Expulsion in more detail:
A student may be permanently excluded from attending any Ohio public school if the student is convicted of, or adjudicated a delinquent child, for committing, when 16 years of age or older, one of the following criminal offenses:
a. Illegal conveyance or possession of deadly weapons or dangerous ordnance on school premises, in violation of ORC 2923.122.
b. Carrying or being in possession of concealed weapons on school property or at a school activity in violation of ORC 2923.12.
c. Selling or offering to sell or possessing a controlled substance in violation of ORC
2925.03 (A) (1), (4), (5), (6), (7), (9), or (10) on school property or at a school activity; and, possessing a controlled substance in violation of ORC 2925.11, other than a violation that would be a minor drug possession offense.
d. Committing one of the following on school property or at a school function: aggravated murder in violation of ORC 2903.01, murder in violation of ORC
2903.02, voluntary manslaughter in violation of ORC 2903.03, involuntary manslaughter in violation of ORC 2903.04, felonious assault in violation of ORC
2903.11, aggravated assault in violation of ORC 2903.12, felonious sexual penetration in violation of former ORC 2907.12, rape in violation of ORC 2907.02, or gross sexual imposition in violation of ORC 2907.05; and
e. Complicity in any of the above-described violations regardless of whether the act of complicity was committed on school property or at a school activity. Complicity is defined as soliciting or procuring another to commit an offense; aiding, abetting or encouraging another to commit an offense; conspiring or agreeing with another to commit an offense; or causing an innocent or irresponsible person to commit an offense.
f. Any other acts for which a student may be subject to permanent exclusion.
Some Direct Links to the Ohio Revised Code:
3313.534 Policy of zero tolerance for violent, disruptive or inappropriate behavior.
3313.66 Suspension, expulsion or permanent exclusion - removal from curricular or extracurricular activities.
3313.661 Policy regarding suspension, expulsion, removal, and permanent exclusion.
3313.662 Adjudication order permanently excluding pupil from public schools.
Cleveland Mayor Frank Jackson
One argument by municipal school teachers on why charter schools can do better than municipal schools is that "a charter school can deal with troublesome students by simply getting rid of them". The argument concludes with "by law, the municipal school must then accept the troublesome student that was released by the charter school". Because of this, the charter schools are to be blamed for the poor behavior of the municipal school students.
During conversations I have had with Cleveland school teachers, I have questioned why the CMSD school administration puts up with unacceptable and even criminal student behavior. The explanation given is that the municipal schools are forced to by law. Municipal schools must accept all students, even those who cause trouble. But not the charter schools. They are exempt from those laws and can simply dismiss any students who cause trouble.
After researching the Cleveland school teachers’ claims, I have found that the municipal school districts have many tools at their disposal, backed by Ohio law, for dealing with bad student behavior. But unfortunately, the CMSD chooses not to exercise them. Instead, proverbial slaps on the wrist are administered in large quantities.
Now according to the CMSD CEO, Dr. Eugene Sanders, the CMSD supposedly has a zero tolerance policy for violence. Yet it has not been made public (at least I cannot find it anywhere). And also, supposedly the CMSD school teacher's union has in their contract that there is a zero tolerance policy against students who physically harm a teacher.
The Cleveland Metropolitan School District has a written student code of conduct. You can access it here directly. There are indeed written consequences a student may face (and I do mean may) if that student breaks the rules. Unfortunately the code of conduct is really quite lame with the administering of its consequences.
How can there be “zero tolerance” if a student does not always have to face consequences for breaking the rules? Zero tolerance means a student will be suspended or expelled not may be suspended or expelled.
There are laws in Ohio that allow public school districts to enforce discipline.
With all of these policies and laws in place, why does the CMSD have such problems with discipline? Why are not the violent students who hurt and maim students and teachers not being expelled let alone arrested?
There have been recent stories in the news about Cleveland students involved in physical altercations where they have critically injured school staff members. And the stories have indicated that the students involved were let off lightly. Instead of expulsion, the students were given simple 10 day suspensions. That was the punishment these students received for breaking the necks, arms and legs of their teachers and principals.
Are you appalled? Do you think this is ludicrous? Did the punishment fit the crimes?
Mayor Frank Jackson and school CEO Eugene Sanders keep telling the citizens of Cleveland that they are going to get tough on school discipline.
When? How? With more 10 day suspensions?
Actually they have indicated that they are going to spend more money for metal detectors and X-ray machines in schools. More security guards will be hired.
Perhaps the mayor and CEO should concentrate their efforts on holding the students (and their parents) accountable for their misbehavior by dishing out appropriate punishments. The consequences should be made to fit the offense.
It’s time to get tough by putting some bite into the consequences that are allowed under the Ohio Revised Code.
But instead, it’s so much easier to blame the charter schools.
Here are the laws (Ohio Revised Code) that give municipal schools the power to remove bad students. Students can in fact be expelled from school, no matter what their age. And if a student is 16 years of age or older and breaks the law, he/she can be permanently expelled from any Ohio public school. Now those are some no nonsense consequences.
Here is a link for the site of the Ohio Bar which answers some questions about student suspensions and expulsions.
Q.: What is the difference between a suspension and an expulsion?
A.: A principal or superintendent may prohibit a student from attending school for a period of up to ten days; this is considered a suspension. The removal of a student from school for more than ten days is an expulsion. Students are generally expelled for more serious offenses, such as bringing weapons or drugs to school.
Q.: What is the maximum length of an expulsion?
A.: Generally, a superintendent may expel a student for up to 80 days, or the number of school days remaining in the semester in which the incident in question takes place, whichever is greater. If there are less than 80 days remaining in the school year, the expulsion may be extended into the following school year.
For students who bring firearms onto school property, both state and federal laws require a one-year expulsion. The superintendent may modify this requirement on a case-by-case basis. In addition, the board of education may enact a policy permitting the superintendent to expel for one year a student who brings a knife to school, makes a bomb threat or commits certain acts on school property that would be considered a crime if committed by an adult. A superintendent also may expel a student for up to one year if the student brings a firearm or knife to an interscholastic competition, an extracurricular event, or any other school program or activity.
Q.: May a student be permanently expelled?
A.: Yes, but only in limited circumstances and only for the most serious offenses. If a student, aged 16 or older, is convicted of offenses such as murder or manslaughter of a school employee, selling drugs or possessing a deadly weapon on school grounds, the board of education may request that the state superintendent of public instruction permanently exclude the student from attendance at any public school in Ohio.
Q.: If a student is suspended or expelled from District A, can he or she just transfer to District B? A.: Not necessarily. First, there are certain rules that govern where a student attends school, such as the residence of the parents or payment of tuition. Second, the law allows the receiving/new district (District B) to temporarily deny admission to a student who has been suspended or expelled from another district until the time period of the suspension or expulsion has expired.
LEGAL REFS: ORC 3313.20; 3313.66; 3313.661; 3313.662; OAC 3301-35-03
Permanent Expulsion in more detail:
A student may be permanently excluded from attending any Ohio public school if the student is convicted of, or adjudicated a delinquent child, for committing, when 16 years of age or older, one of the following criminal offenses:
a. Illegal conveyance or possession of deadly weapons or dangerous ordnance on school premises, in violation of ORC 2923.122.
b. Carrying or being in possession of concealed weapons on school property or at a school activity in violation of ORC 2923.12.
c. Selling or offering to sell or possessing a controlled substance in violation of ORC
2925.03 (A) (1), (4), (5), (6), (7), (9), or (10) on school property or at a school activity; and, possessing a controlled substance in violation of ORC 2925.11, other than a violation that would be a minor drug possession offense.
d. Committing one of the following on school property or at a school function: aggravated murder in violation of ORC 2903.01, murder in violation of ORC
2903.02, voluntary manslaughter in violation of ORC 2903.03, involuntary manslaughter in violation of ORC 2903.04, felonious assault in violation of ORC
2903.11, aggravated assault in violation of ORC 2903.12, felonious sexual penetration in violation of former ORC 2907.12, rape in violation of ORC 2907.02, or gross sexual imposition in violation of ORC 2907.05; and
e. Complicity in any of the above-described violations regardless of whether the act of complicity was committed on school property or at a school activity. Complicity is defined as soliciting or procuring another to commit an offense; aiding, abetting or encouraging another to commit an offense; conspiring or agreeing with another to commit an offense; or causing an innocent or irresponsible person to commit an offense.
f. Any other acts for which a student may be subject to permanent exclusion.
Some Direct Links to the Ohio Revised Code:
3313.534 Policy of zero tolerance for violent, disruptive or inappropriate behavior.
3313.66 Suspension, expulsion or permanent exclusion - removal from curricular or extracurricular activities.
3313.661 Policy regarding suspension, expulsion, removal, and permanent exclusion.
3313.662 Adjudication order permanently excluding pupil from public schools.
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