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Updated: September 29, 2011 9:39
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Appendix DDistrict Discipline Policy #3300STUDENTS 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 a specific period of time, after which the student has a right to return. 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.
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. As a general rule no student shall be suspended for a short or long term unless other forms of corrective action or punishment reasonable 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 prescribed misconduct. An exception may be granted by an administrator and/or hearing officer when warranted by extenuating circumstances. Suspensions or expulsions shall be used only for instances of serious student misconduct. 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 handicapping condition will determine if there is a causal relationship between the handicapping condition 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 for all or any portion of a school day 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. A disciplinary appeal council is established. The board shall appoint three members to the council to serve one, two and three year terms, respectively. All future appointments to the council shall be for two year terms and shall be made by the board. The disciplinary appeal council is charged with hearing and deciding discipline grievances and appeals of long-term suspensions and expulsions. Cross References: Board Policy 2161 (Education of Students with Disabilities) Legal References:
1. Student Discipline (WSSDA Reference 3310) The methods employed in enforcing the rules of the school involve professional judgment. Such judgment should be:
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. Legal References:
2. Prohibition of Corporal Punishment (WSSDA Reference 3311) Corporal punishment is any act which willfully inflicts or willfully causes the infliction of physical pain on a student, and is not permitted. Corporal punishment does not include:
Legal References:
3. Detention (WSSDA Reference 3312) For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students after school hours for not more than 75 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. Appeal Process for Disciplinary Action (WSSDA Reference 3313) 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. Legal References:
1. In-School Suspension (WSSDA Reference 3314) The 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 district 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 district, therefore, has created an in-school suspension program which temporarily removes the student from the regular environment but permits the student to maintain hie/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. Legal References:
2. Suspensions or Expulsions (WSSDA Reference 3320) 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 that 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 prescribed misconduct. An exception may be granted by an administrator and/or hearing officer when warranted by extenuating circumstances. No student shall be suspended or expelled because of one or more unexcused absence(s) unless the district has first: A. Provided written notice to the parent in hie/her primary language that the student failed to attend without valid justification; B. Scheduled a conference with the parent and the student at a convenient time and place to analyze the cause for the student’s absence to determine by appropriate means whether the student should be made a “focus of concern” for placement in special education or another special program; and C. Taken steps to reduce the student’s absence which include, when appropriate to all parties, adjusting the student’s school program, providing more individualized instruction, preparing the schools, and assisting the student to obtain supplementary services that might eliminate or ameliorate the cause of absence. If such action is not successful, any of the following actions may be taken: 1. The attendance officer may petition the juvenile court to assume jurisdiction of the alleged violation by the parent; or 2. The parent or the attendance officer at the request of the parent may petition the juvenile court regarding an alleged violation of the compulsory attendance law. The attendance officer shall report to the ESD twice yearly; (1) the number of petitions filed by the district or by a parent, (2) the frequency of each intervention attempted prior to filing of a petition, (3) the frequency of supplemental services, and (4) the disposition of cases filed with the juvenile court, including the number of contempt orders issued. 3. 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:
The superintendent shall, in writing, advise that parent and student of the decision within seven (7) school days of the receipt of such application. Cross Reference:
Legal References:
7. Short-Term Suspension (WSSDA Reference 3321) 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 or full schedule of classes for more than 1 and up to 10 consecutive school days, a conference shall first be conducted with the student as follows:
The parent of the student shall be notified of the reason for the suspension and the duration of the suspensions 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:
Legal References:
8. Appeal Process for Short-Term Suspension (WSSDA reference 3322) 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 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. Legal References:
9. Long-Term Suspensions or Expulsions (WSSDA Reference 3323) 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. If the hearing officer imposes a long-term suspension or expulsion, the parent and student shall have 3 school business days after receiving the hearing decision to appeal that decision to the disciplinary appeal council. The long-term suspension or expulsion may be imposed during the appeal period for no more than 10 consecutive school days or until the appeal is decided, whichever is the shortest period. Any of the days that a student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student’s suspension or expulsion and shall not limit or extend the term of the student’s suspension or expulsion. Prior to imposing a long-term suspension or expulsion due to the misconduct of a disabled student, the principal shall call a meeting of selected staff to: A Determine whether the student’s misconduct has a causal relationship to the student’s disability, B Determine whether the student’s misconduct is the result of an inappropriate placement,; and C. Consider the sanction or action to be taken and whether the sanction will deny the student a fee and appropriate public education. Staff involved in this meeting shall be familiar with the: B. Individual student’s file; C. Assessment data and the IEP that has been developed accordingly; D. Placement options that are available to the student. If the misconduct is not related to the disability; is not the result of an inappropriate placement and will not result in denial to a free and appropriate public education (FAPE), then written notice of the proposed action shall be sent to the parents. This notice shall be sent by certified mail and include: A. Date, time, place and participants at the meeting; B. Information an/or data used in reaching the decision; C. The decision regarding the causal relationship of the disability to the misconduct, the appropriateness of the placement, and the corrective action or punishment to be imposed. E. The right to a due process hearing regarding the causal relationship of the disability and the misconduct, and, F. The right to a due process hearing regarding the imposition of a corrective action or punishment. If no request for a hearing is received within three (3) school business days after the notice is received, the hearing shall be waived and the action shall take effect. If the proposed school action is challenged as a substantial change in placement through a request for a hearing, special education policies and procedures shall be applicable. If the disabled student is being disciplined for drug or alcohol offenses and is a current use of drugs or alcohol. the extra due process requirements involving change of placement do not apply. Cross References:
Legal References:
10. Process for long-term Suspension or Expulsion (WSSDA Reference 3324) STUDENTS 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 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 de novo before the council with 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. Legal References:
11. Emergency Removal (WSSDA Reference 3330) 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: K. The danger or threat ceases, or L. The principal acts to impose discipline, impose a short-term or long-term suspension or expulsion or to impose an emergency expulsion. M. 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 as been taken or initiated. Legal References:
12. Emergency Expulsion (WSSDA Reference 3331) A student may be excluded from school prior to a hearing without 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; C. The hearing officer shall render the decision within 1 school business day after the conclusion of the hearing. Cross Reference:
Legal References:
Adoption Date:__________________ Corrective Actions or Punishment The following guidelines are in effect for students to establish a range of corrective actions which may be imposed as a consequence of exceptional misconduct. An ad hoc committee and/or P.T.A. officers have met to define the areas of misconduct and the range of action to be taken., The appeal process for short and long-term suspensions shall remain in effect for short and long range suspensions imposed as a result of this procedure
1. In-School Suspension (WSSDA Ref. 3314 P) Guidelines for the in-school suspension program are as follows: A. A student who is afforded the opportunity to be assigned to the in-school suspension program as an option to suspension shall agree to the conditions specified by the school principal. Unless the student is of majority age, concurrence from the parent or guardian is necessary. B. The in-school suspension program is designed to encourage learning. Students will be expected to work on their classroom assignments at all times. C. Any act of inappropriate conduct may result in denial of this alternative to other corrective actions. D. A student shall remain isolated from other students throughout the school day and will be denied the opportunity of participating in any school activities while in the in-school suspension program. E. An assignment to the in-school suspension program shall not exceed five days. As such, the appeal process for a short-term suspension shall be in effect. F. The student shall develop a behavior contract while in the in-school suspension program. The student, his/her parent or guardian and a staff member shall sign the contract which defines the expected future behavior of the student. G. After a student is placed back into the regular classroom(s), the principal will monitor the student’s progress on a daily basis. The student will be encouraged to maintain a relationship with the school counselor as a means of dealing with any problems that arise. H. Specific rules and building procedures shall be developed by the building principal.
2. Long-Term Suspension or Expulsion (WSSDA Ref. 3323P) In the event a hearing is requested, the superintendent shall appoint the hearing officer, who may be any certificated staff member who is not involved the incident giving rise to the hearing. The hearing officer shall: A. Schedule the hearing for a specified date, time and place and may postpone the date and time and change the place for good cause or upon the mutual agreement of the parties; B. Give written notice of the date, time, and place of the hearing to the principal and the parent and student; Download Policy 3300 in PDF format
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