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