Pennsylvania Code – Student Discipline

Pennsylvania Code Section 12.5
http://www.pacode.com/secure/data/022/chapter12/s12.5.html

“It should be recognized that corporal punishment always contains the danger of excessiveness. No disciplinary action should exceed in degree the seriousness of the offense. Students shall not be required to remove clothing when being punished.”

Corporal punishment is allowed in public schools of Pennsylvania, but it cannot be excessive. The corporal punishment given shall not be more serious than the offense committed. Additionally, this code section prohibits the removal of any clothing to receive corporal punishment.


Pennsylvania Code Section 12.6
http://www.pacode.com/secure/data/022/chapter12/s12.6.html

“The board of school directors shall define and publish the types of offenses that would lead to exclusion from school. … No student shall be suspended until the student has been informed of the reasons for the suspension and given an opportunity to respond. Prior notice of the intended suspension need not be given when it is clear that the health, safety, or welfare of the school community is threatened.”

This part of the Pennsylvania Code specifies the circumstances and directions a school must follow in order to suspend or exclude a student from school in any way. Students must be able to have the opportunity to respond to the disciplinary action, but if the school community’s safety or welfare is in jeopardy, a school may take immediate action.


Pennsylvania Code Section 12.7
http://www.pacode.com/secure/data/022/chapter12/s12.6.html

“No student may receive an in-school suspension unless the student has been informed of the reasons for the suspension and has been given an opportunity to respond before the suspension becomes effective."

This code section states that in-school suspensions may not occur until the school gives the student in question an opportunity to react to the suspension.



Pennsylvania Code Section 12.8
http://www.pacode.com/secure/data/022/chapter12/s12.8.html

“Education is a statutory right, and students must be afforded all appropriate elements of due process if they are to be excluded from school. In a case involving a possible expulsion, the student is entitled to a formal hearing, which is a fundamental element of due process.”

This code section requires that if a school wishes to expel a student for his or her actions, the student may request a full hearing or trial on the basis of the expulsion.