leadership in high schools

December 2007, just before the holidays, a student quite unprovoked by any adult approaches me punching the walls.  Five times in total.  On the first punch I ask for the action to stop.  I ask two more times in succession, to no avail.  The entire incident is witnessed by teachers and staff alike.  Later the issue receives local press in Jamestown, Dunkirk and Buffalo.  All of this leads to a Superintendent’s hearing following Out of School Suspension.  The charges are endangering the health, safety and health of the student and others, intimidation, physical and verbal harassment.  The hearing is held to determine what course of action needs to be pursued in terms of educational placement for the student.  All witness testimony mirrors my own account of the incident so, I am the only witness called to the hearing.  Parents are present, representing the student, home school principal, myself and the hearing officer.  The hearing officer represents neither the BOCES nor the home school.  The hearing officer is an impartial adjudicator who will make a recommendation to the Superintendent of the home school following a verdict concerning the aforementioned student action.  In essence the Superintendent’s hearing is about due process for the student.  Witnessess’ can be cross examined and questioned by the parents and their attorney if one is present. 

When all testimony is in, and before the hearing concludes the hearing officer renders an opinion as to the guilt or innocence of the charges.  A recommendation is then made in writing, to the school superintendent within 3 business days at most.  Essential documents that drive Superintendent hearings are not the history or discipline record of the student but rather the documentation surrounding the actual infraction - the discipline referral, the letter of suspension, notification to the parents and witness accounts in writing. 

If the student has special needs a nexus hearing is called within the time and in the middle of the Superintendents hearing.  This means that the hearing is interrupted, the hearing officer leaves the room.  At this time the CSE chair, school principal and someone who intimately knows the student and can speak about the disability - a teacher, administrator or related service professional  begin discussion around whether the student (mis)behavior is a result of the disability or not.  Whether the student has the ability to tell the difference between right or wrong is a huge question that remains at the crux of this nexus hearing.