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Policy No. |
3241 |
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Adoption Date: |
July 11, 1984 |
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Revised: |
June 17, 1999 |
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:
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A. |
"Expulsion" is the exclusion from school or individual classes for an indefinite period. |
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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.
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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.
I. 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.
A. Certificated staff shall have the right to:
B. Certificated staff shall have the responsibility to:
C. Certificated staff shall have the authority to:
II. Student Discipline
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 pursuant to the provisions of Section I, A, paragraph 3 of this policy.
III. Detention
For minor infractions of school rules or regulations, or for minor misconduct, staff may assign detention to students after school hours for not more than 2 hours beyond a normal school 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. If a student has employment that would be affected by such a detention, the student will be given an opportunity to make arrangements with his/her employer.
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.
IV. In-School Suspension
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. At the elementary (K-8) level, 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 a grades K-8 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.
V. 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 school board 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 school board 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.
VI. 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 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. No student shall be suspended or expelled because of one or more unexcused absence(s) pursuant to Board Policy 3122.
VII. 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:
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:
VIII. 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 school board 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 school board 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.
IX. 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:
X. 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.
XI. 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 long term suspension or expulsion shall be in effect while the appeal is pending. The school board 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 school board deems reasonable. Prior to adjournment, the school board shall agree to one of the following procedures:
Any decision by the school board to impose or to affirm, reverse or modify the imposition of suspension or expulsion upon a student shall be made only by:
Within 30 days of receipt of the board's final decision, any parent and student desiring to appeal any action upon the part of the board regarding the suspension or expulsion may serve a notice of appeal upon the board 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.
XII. 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:
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.
XIII. 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:
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:
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Board Policy |
2161 |
Education of Students with Disabilities |
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3122 |
Excused and Unexcused Absences |
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4210 |
Regulation of Dangerous Weapons on School Premises |
Legal References:
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RCW |
9A.16.100 |
Washington Criminal Code |
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9.41.280 |
Carrying dangerous weapons on school facilities |
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28A.225.020 |
School's duties and juvenile's failure to attend school |
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28A.225.030 |
Petition to juvenile court to assume jurisdiction |
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28A.400.110 |
Principal to assure appropriate student discipline |
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28A.600.010 |
Government of schools, pupils, employees, rules and regulations for--Due process guarantees--Enforcement |
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28A.600.020 |
Government of schools, pupils, employees, rules and regulations for--To insure optimum learning atmosphere |
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28A.600.040 |
Pupils to comply with rules and regulations |
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28A.600.420 |
Firearms on school premises, transportation, or facilities--Penalty--Exemptions |
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P. L. |
101-226 |
Drug-Free Schools and Communities Act |
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WAC |
180-40-205 |
Definitions (Pupils) |
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180-40-235 |
Discipline--Conditions and limitations |
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180-40-240 |
Discipline--Grievance procedure |
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WAC |
180-40-245 |
Short-term suspension--Conditions and Limitations |
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180-40-250 |
Short-term suspensions--Prior conference required--Notice to parent |
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180-40-255 |
Short-term suspension--Grievance procedure |
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180-40-260 |
Long term suspension--conditions and limitations |
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180-40-265 |
Long-term suspension--Notice of hearing-Waiver of hearing |
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180-40-270 |
Long-term suspension--Prehearing and hearing process |
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180-40-280 |
Expulsion--Notice of hearing--Waiver of hearing |
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180-40-285 |
Expulsion--Prehearing and hearing process |
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180-40-290 |
Emergency removal from class, subject, or activity |
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180-40-295 |
Emergency expulsion--Limitations |
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180-40-300 |
Emergency expulsion--Notice of hearing--Waiver of hearing right |
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180-40-305 |
Emergency expulsion--Prehearing and hearing process |
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180-40-310 |
Appeals--Long-term suspension and expulsion |
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180-40-315 |
Appeals--Hearing before school board or disciplinary appeal council--Procedures |
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180-40-317 |
Appeals--Discipline and short-term suspension grievances |
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180-40-320 |
School board or disciplinary appeal council decisions |