OSS is the harshest penalty which a public school can impose. That it is looked upon as a "day off" speaks volumes about the way our society takes for granted the amazing concept of a free and public education and how parents view it as well. "Back in the day" if you got kicked out of school you got worked hard at home during the "time off."
It has been held by the courts in almost every case over the past
20+ years that punishing students with a loss of grades due to the school imposed penalty of an out-of-school suspension is double jeopardy. Students must be allowed the OPPORTUNITY to make up any work missed during OSS. There is some split as to whether the school must provide the work while the student is on OSS or that it is OK to do so upon their return to school. (DISCLAIMER: THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE; YOU SHOULD CONSULT YOUR OWN BOARD OF EDUCATION ATTORNEY AND/OR THE LEGAL DEPARTMENT OF KASB AND/OR THE LEGAL COUNSEL OF THE KSDE TO VERIFY THE LEGITIMACY OF WHAT HAS BEEN WRITTEN AND TO DETERMINE THE BEST COURSE OF ACTION FOR YOUR SCHOOL DISTRICT.)
However, many schools still impose this penalty in many variations. It just proves the old adage (and I am paraphrasing here) that school rules are good until a mad parent and their attorney show up.
The situation as presented does beg the question: the boy was engaged in an ILLEGAL activity. Perhaps the school should not provide an intermediate step in punishment; perhaps it should just be handled by law enforcement and the school adopt a zero tolerance stance; THAT IS, a student with a legal issue is probably not in good standing in regards to the KSHSAA and should be banned from any KSHSAA sponsored activity--period. Would that be better than a one day OSS?
Richard, out of curiosity, if the violation had occured the week prior to Regionals, or the week prior to State would you have requested an injunction against the school's penalty?