SJE Board Policy 3241 - Students

 

Classroom Management, Corrective Actions Or Punishment

 

 

All students shall submit to the reasonable rules of the district. Refusal to comply with written rules and regulations established for the governing of the school shall constitute sufficient cause for discipline, suspension or expulsion. Corrective action and/or punishment for misconduct must reflect good faith effort on the part of the staff. For the purposes of the district's policies relating to corrective action or punishment: 

 

A.        "Expulsion" is the exclusion from school or individual classes for an indefinite period.

 

B.        "Suspension" is the exclusion from school, or individual classes for a specific period of time, after which the student has a right to return.

 

            1.         A suspension is "short term" if it is for a period of 10 consecutive school days or less. Separate short-term suspensions shall not total more than 10 school days in a semester for any student in grades K-4. Separate short-term suspensions shall not total more than 15 days in a semester for a student in any other grade. Students' grades shall not be affected substantially as a result of a short-term suspension.

 

            2.         Suspensions which exceed 10 consecutive school days are long-term suspensions.

 

C.        "Discipline" constitutes all other forms of corrective action or punishment, including brief exclusions from a class for not more than the remainder of the class period, including exclusion from any other type of activity conducted by or for the district. Discipline shall not adversely affect specific academic grade, subject, or graduation requirements, so long as all required work is performed.

 

Prior to the imposition of a corrective action or punishment upon a special education student, the school principal and special education staff who have knowledge of the student's disability will determine if there is a causal relationship between the disability and the misconduct giving rise to the corrective action or punishment. When a relationship is found to exist, special education programming procedures shall be employed.

 

Once a student is expelled in compliance with district policy, the expulsion shall be brought to the attention of appropriate local and state authorities, including, but not limited to, the local juvenile authorities acting pursuant to the statutes dealing with the Basic Juvenile Court Act, in order that such authorities may address the student's educational needs.

 

No student shall be expelled, suspended, or disciplined in any manner for the performance of or failure to perform any act not related to the orderly operation of the school or school-sponsored activities or any other aspect of the educational process.

 

The superintendent shall have the authority to discipline, suspend or expel students. The superintendent shall identify the conditions under which a teacher may exclude a student from his or her class and shall also designate which staff have the authority to initiate or to impose discipline, suspensions or expulsions.

 

Parents and students shall be given notice of the standard of conduct the district requires regarding drug and alcohol use, and a statement of the disciplinary sanctions for violations of that standard.

 

1.         Rights, Responsibilities, and Authority of Certificated Staff

 

Certificated staff shall share responsibility for supervising the behavior of students and for maintaining the standards of conduct which have been established.

 

Certificated staff shall have the right to:

 

            A.        Expect students to comply with school rules.

 

            B.        Develop and/or review building rules relating to student conduct and control at least once each year. Building rules shall be consistent with district rules relating to student conduct and control.

 

            C.        Exclude a student from class for all or any portion of the period or for the balance of the school day, or up to the following two days,  or until the teacher has conferred with the principal, whichever occurs first. Prior to excluding a student, the teacher shall have attempted one or more corrective actions. In no case shall an excluded student be returned for the balance of a period or up to the following two days without the consent of the teacher.

 

            D.        Receive any complaint or grievance regarding corrective action or punishment of students. They shall be given the opportunity to present their version of the incident and to meet with the complaining party in the event that a conference is arranged.

 

Certificated staff shall have the responsibility to:

 

                        A.        (Principals shall) Distribute to students, parents and staff a publication defining the rights, responsibilities and corrective action or punishment relating to student behavior.

 

                        B.        Observe the rights of students.

 

                        C.        Enforce the rules of student conduct fairly, consistently, and without discrimination. Any infractions shall be reported orally and in writing to the principal as soon as possible regardless of any corrective actions taken by the teacher.

 

                        D.        Maintain good order in the classroom, in the hallways, and on the playgrounds or other common areas of the school, or while riding on school buses (field trip).

 

                        E.         Maintain accurate attendance records and report all cases of truancy.

 

                        F.         (Principals shall) Notify parents when students are suspended or expelled.

 

                        G.        Set an appropriate example of personal conduct and avoid statements which may be demeaning or personally offensive to any student or group of students.

 

                        H.        Meet with a parent(s) within five (5) school days upon request to hear a complaint regarding the use of classroom materials and/or teaching strategies that is being employed in the classroom.

 

Certificated staff shall have the authority to:

 

                        A.        Use such reasonable action as is necessary to protect himself/ herself, a student, or others from physical abuse or injury.

 

                        B.        Remove a student from a class session for sufficient cause.

 

                        C.        Detain a student after school for up to 30 minutes with due consideration for bus transportation.

 

                        D.        (Principals shall) Impose suspension or expulsion when appropriate.

 

2.         Student Discipline

 

The methods employed in enforcing the rules of the school involve professional judgment. Such judgment should be:

 

            A.        consistent from day to day and student to student,

            B.        balanced against the severity of the misconduct,

            C.        appropriate to the student's nature and prior behavior,

D.        fair to the student, parent, and others, and

            E.         effective.

 

Since these criteria may be in conflict, established procedures must be followed in correcting misbehavior. Appeal procedures have been established in order to provide for an opportunity for every corrective action or punishment to be reviewed by someone in authority and to instill confidence among students and parents as to the essential fairness of staff.

 

In order to develop an environment conducive to learning, the principal shall confer with certificated staff at least once per year to develop and/or review rules of conduct to be employed in the school and corrective actions and punishment that may be employed in the event of rule infractions.

 

A teacher shall have the authority to exclude a student from his/her classroom for all or any part of the period or until the teacher has conferred with the principal, whichever occurs first. Prior to excluding a student, except in emergency circumstances, the teacher shall have attempted one or more corrective actions. In no case shall an excluded student be returned for the balance of a period without the consent of the teacher.

 

3.         Detention

 

For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students after school hours for not more than 30 minutes on any given day.

 

Preceding the assignment of such corrective action, the staff member shall inform the student of the nature of the offense charged and of the specific conduct which allegedly constitutes the violation. The student shall be afforded an opportunity to explain or justify his/her actions to the staff member.

 

Detention shall not begin until the parent has been notified (except in the case of the adult student) for the purpose of informing him/her of the basis and reason for the detention and to permit him/her to make arrangements for the necessary transportation of the student when he/she has been detained after school hours for corrective action.

 

Students detained for corrective action shall be under the direct supervision of the staff member or another member of the professional staff.

 

The principal shall be responsible for seeing that the time which the student spends for corrective action shall be used constructively.

 

4.         In-School Suspension

 

The Cooperative Board of directors supports efforts to bring about a positive learning climate in the school. The district strives to employ staff who are skilled in the most effective instructional techniques and who are sensitive to the unique needs of each individual student.

 

The need for order in the school and classroom is basic to learning. Rules are established to preserve the integrity of classroom and school in order to accomplish this need. Students who are in violation of school rules not only deprive themselves of the opportunity to learn but they interfere with the progress of others.

 

The districts strives to maintain high standards of attendance. Students who are not in school are denied the opportunity to learn. Corrective actions including suspension and expulsion are reserved to those students who actively threaten other students, staff or the overall school environment.

 

The districts, therefore, has created an in-school suspension program which temporarily removes the student from the regular environment but permits the student to maintain his/her educational progress.

           

Students who are assigned to in-school suspension are granted this opportunity as a privilege and are expected to comply with the expectations of staff. The superintendent shall establish guidelines for the operation of the in-school suspension program.

 

5.         Appeal Process for Disciplinary Action

 

Any parent or student who is aggrieved by the imposition of discipline shall have the right to an informal conference with the principal for the purpose of resolving the grievance. At such conference the student and parent shall be subject to questioning by the principal and shall be entitled to question staff involved in the matter being grieved.

 

The parent and student after exhausting this remedy, shall have the right, upon 2 school business days' prior notice, to present a written and/or oral grievance to the superintendent. If the grievance is not resolved, the parent and student, upon 2 school business days' prior notice, shall have the right to present a written grievance to the disciplinary appeal council during its next regular meeting, or at a meeting held within 30 days, whichever is earlier. A closed meeting may be held for the purpose of considering the grievance. The council shall notify the parent and student of its response to the grievance within 10 school business days after the date when the grievance was presented. The disciplinary action shall continue notwithstanding implementation of the grievance procedure unless the principal, superintendent or board elects to postpone such action.

 

6.         Suspensions or Expulsions

 

The nature and circumstances of the student conduct violation must reasonably warrant a suspension or expulsion. As a general rule no student shall be suspended for a short or long term unless other forms of corrective action reasonably calculated to modify his/her conduct have previously been imposed upon the student as a consequence of misconduct of the same nature.

 

However, a student may be suspended for exceptional misconduct, other than absenteeism, when such misconduct is of frequent occurrence or is serious in nature and/or is disruptive to the operation of the school. The superintendent, following consultation with a representative ad hoc citizens' committee, shall recommend for board approval, the nature and extent of the corrective actions and/or punishments which may be imposed as a consequence of exceptional misconduct. An exception may be granted by an administrator and/or hearing officer when warranted by extenuating circumstances.

 

7.         Short-Term Suspension

 

In the event the proposed corrective action of a student is to include the denial of the right of school attendance from any single class for 3 to 10 school days or full schedule of classes for 1 and  to 10 school days, a conference shall first be conducted with the student as follows: 

 

            A.        An oral or written notice of the charges shall be provided to the student;

 

            B.        An oral or written explanation of the evidence in support of the charges shall be provided to the student;

 

            C.        An oral or written explanation of the suspension which may be imposed shall be provided to the student; and

 

            D.        The student shall be provided the opportunity to present his/her explanation.

 

                        The parent of the student shall be notified of the reason for the suspension and the duration of the suspension orally or by U.S. mail as soon as reasonably possible. Any student subject to a short-term suspension shall be provided the opportunity upon return to make up assignments and tests if: 

 

                        A.        Such assignments or tests have a substantial effect upon the student's semester grade or grades; or

 

                        B.        Failure to complete such assignments or tests would preclude the student from receiving credit for the course or courses.

 

8.         Appeal Process for Short-Term Suspension

 

Any parent or student who is aggrieved by the imposition of a short-term suspension shall have the right to an informal conference with the principal for the purpose of resolving the grievance. At such conference the student and parent shall be subject to questioning by the principal and shall be entitled to question staff involved in the matter being grieved.

 

The parent and student after exhausting this remedy shall have the right, upon 2 school business days' prior notice, to present a written and/or oral grievance to the superintendent. If the grievance is not resolved, the parent and student, upon 2 school business days' prior notice, shall have the right to present a written grievance to the disciplinary appeal council at its next regular meeting, or at a meeting held within 30 days, whichever is earlier. A closed meeting may be held for the purpose of considering the grievance. The council shall notify the parent and student of its response to the grievance within 10 school business days after the date when the grievance was presented. The short-term suspension shall continue notwithstanding implementation of the grievance procedure unless the principal, superintendent or board elects to postpone such action.

 

9.         Emergency Expulsion

 

A student may be excluded from school prior to a hearing without other forms of corrective action if the principal reasonably believes the student is an immediate and continuing danger to himself/herself, other students, staff, or administrators or is a substantial disruption to the educational process of the district. Such emergency expulsion shall continue until the student is reinstated by the principal or until a fair hearing is held and a final determination reached. The hearing officer may continue the emergency expulsion if he/she finds that the student continues to present an immediate and continuing danger to himself/herself, other students, staff, or administrators or continues to cause a substantial disruption to the educational process of the district.

 

The provisions governing notice and hearing of regular long-term suspensions or expulsions shall apply except: 

 

            A.        Written notice of the emergency expulsion shall be sent by certified letter deposited in the U. S. mail within twenty-four hours of the expulsion or by hand delivery to the student's parent(s) or guardian(s) within twenty-four hours of the expulsion and documenting delivery by obtaining his or her signature acknowledging receipt or the written certification of the person making the delivery; 

 

            B.        The parent and student shall have ten school business days after receipt of the notice during which to request a hearing. A schedule of "school business days" potentially applicable to the exercise of such hearing right should be included with the notice; and

 

The hearing officer shall render the decision within 1 school business day after the conclusion of the hearing.

 

10.       Long-Term Suspensions or Expulsions

 

A long-term suspension or expulsion may be imposed by the principal only after a fair hearing is made available to the affected student and parent. Written notice of the hearing shall be delivered to the parent and student by certified mail or in person. The notice shall be in the parent's primary language and shall supply (1) the alleged misconduct and the school rules alleged to have been violated, (2) the recommended corrective action or punishment, (3) the right to a hearing, (4) the notice that if a written request for a hearing is not received by the staff member named in the notice within 3 school business days after the notice is received, the hearing shall be waived and the recommended corrective action or punishment shall take effect, and (5) the date by which the request for a hearing must be received.

 

If a hearing is requested, the superintendent shall schedule the matter for a hearing within 3 school business days of such request.

 

The parent and student and the district or representatives shall be permitted to inspect in advance of such hearing any affidavits or exhibits which are to be submitted at the hearing. The parent and student shall have the opportunity to be represented by counsel, to explain the alleged misconduct and to present affidavits, exhibits, and such witnesses as desired, as well as the opportunity to question witnesses.

 

The hearing shall be conducted before a hearing officer appointed by the superintendent. Such hearing officer shall not be a witness and shall determine the facts of each case solely on the evidence presented at the hearing. The hearing officer shall state in writing the findings as to the facts, conclusions and disposition to be made. The decision shall be provided to the parent and student or counsel.

 

11.       Appeal Process for Long-Term Suspension or Expulsion

 

If a long-term suspension or expulsion is imposed, the parent and student shall have the right to appeal the hearing officer's decision by filing a written notice of appeal at the office of the hearing officer within 3 school business days after the date of receipt of the decision. The disciplinary appeal council shall schedule and hold a meeting to informally review the matter within 10 school business days from receipt of such appeal. The purpose of the meeting shall be to confer with the parties in order to decide upon the most appropriate means of handling the appeal. At that time the student, parent, and/or counsel shall be given the right to be heard and shall be granted the opportunity to present such witnesses and testimony as the council deems reasonable. Prior to adjournment, the council shall agree to one of the following procedures:

 

            A.        Study the hearing record or other materials submitted and record its findings within 10 school business days;

 

            B.        Schedule and hold a special meeting to hear further arguments on the case and record its findings within 15 school business days; or

 

            C.        Hear and try the case denovo before the council within 10 school business days.

 

Any decision by the council to impose or to affirm, reverse or modify the imposition of suspension or expulsion upon a student shall be made only by:

 

            A.        Those council members who have heard or read the evidence,

 

            B.        Those council members who have not acted as a witness in the matter, and

 

C.        A majority vote at a meeting at which a quorum of the council is present.

 

Within 30 days of receipt of the council's final decision, any parent and student desiring to appeal any action upon the part of the council regarding the suspension or expulsion may serve a notice of appeal upon the council and file such notice with the superior court clerk of the county. Such notice shall also set forth in a clear and concise manner the errors complained of.

 

12.       Emergency Removal

 

A student may be removed immediately from a class or subject by a teacher or administrator without other forms of corrective action and sent to the principal or a designated school official, without first attempting corrective action, provided that the teacher or administrator has good and sufficient reason to believe that the student's presence poses an immediate and continuing danger to the student, other students or staff or an immediate and continuing threat of substantial disruption of the class, subject, or educational process of the student's school. The removal shall continue only until:

 

            A.        The danger or threat ceases, or

 

            B.        The principal acts to impose discipline, impose a short-term or long-term suspension or expulsion or to impose an emergency expulsion.

 

The principal shall meet with the student as soon as reasonably possible following the student's removal and take or initiate appropriate corrective action or punishment. In no case shall the student's opportunity for such meeting be delayed beyond commencement of the next school day.

 

The teacher or administrator who removed the student shall be notified of the action which has been taken or initiated.

 

13.       Readmission Application Process 

 

Any student who has been suspended or expelled shall be allowed to make application for readmission at any time. If a student desires to be readmitted to the school from which he/she has been suspended/ expelled, the student shall submit a written application to the principal, who shall recommend admission or non-admission. If a student wishes admission to another school, he/she shall submit the written application to the superintendent. The application shall include:

 

            A.        Reasons the student wants to return and why the request should  be considered;

 

            B.        Evidence which supports the request; and

 

            C.        A supporting statement from the parent or others who may have assisted the student.

 

The superintendent shall, in writing, advise the parent and student of the decision within seven (7) school days of the receipt of such application.

 

 

Cross References:

(cf. 2161 - Education of Students with Disabilities)

(cf. 3122 - Excused and Unexcused Absences)

(cf. 4210 - Regulation of Dangerous Weapons on School Premises)

(cf. 6605 - Student Safety Walking to School and Riding Buses)

 

 

Legal References:

RCW 9A.16.100  Washington Criminal Code

RCW 9.41.280  Carrying dangerous weapons on school  facilities

RCW 28A.225.020  School's duties and juvenile's failure to attend school

RCW 28A.225.030  Petition to juvenile court to assume jurisdiction

RCW 28A.400.110  Principal to assure appropriate student discipline

RCW 28A.600.010  Government of schools, pupils, employees, rules and regulations for--Due process guarantees--Enforcement

RCW 28A.600.020  Government of schools, pupils, employees, rules and regulations for--To insure optimum learning atmosphere

RCW 28A.600.040  Pupils to comply with rules and regulations

RCW 28A.600.420  Firearms on school premises, transportation, or facilities--Penalty--Exemptions

 

20 USC 3171 et. seq. Drug-Free Schools and Communities Act

 

WAC 392-400-205  Definitions (Pupils)

WAC 392-400-235  Discipline--Conditions and limitations

WAC 392-400-240  Discipline--Grievance procedure

WAC 392-400-245  Short-term suspension--Conditions and Limitations

WAC 392-400-250  Short-term suspensions--Prior conference required--Notice to parent

WAC 392-400-255  Short-term suspension--Grievance procedure

WAC 392-400-260 Long term suspension--conditions and limitations

WAC 392-400-265  Long-term suspension--Notice of hearing--Waiver of hearing

WAC 392-400-270  Long-term suspension--Prehearing and hearing process

WAC 392-400-280  Expulsion--Notice of hearing--Waiver of hearing

WAC 392-400-285 Expulsion--Prehearing and hearing process

WAC 392-400-290  Emergency removal from class, subject, or activity

WAC 392-400-295 Emergency expulsion--Limitations

WAC 392-400-300  Emergency expulsion--Notice of hearing--Waiver of hearing right

WAC 392-400-305  Emergency expulsion--Prehearing and hearing process

WAC 392-400-310  Appeals--Long-term suspension and expulsion

WAC 392-400-315  Appeals--Hearing before school board or disciplinary appeal council--Procedures

WAC 392-400-317  Appeals--Discipline and short-term suspension

grievances

WAC 392-400-320  School board or disciplinary appeal council decisions

 

 

Management Resources:

PNA 9902.03 Bus drivers still tested for marijuana

PNA 9806.01  New 3000s, Students Series, presented

 

 

Adoption Date:  2/27/01

St. John - Endicott Cooperative Schools