SUBJECT: Discipline of Students
- Board Directive
The Board recognizes that student discipline is essential to further the educational process and provide an environment conducive to learning. The Board authorizes the Administration to take appropriate action to preserve order among the students and staff and to protect school property. Acts of violence, use or possession of a weapon or facsimile, criminal behavior, and gang activity in or about District schools, property, or activities shall be dealt with in accordance with District policy and the law. (See Utah Code §53A-11-901)
- Administrative Policy
The Administration shall take appropriate disciplinary action when students engage in activities which disrupt the educational environment, threaten or harm persons or property, or disrupt school activities. This policy shall be administered according to the following administrative policy provisions.
- Student Code of Conduct
- The school administrator shall develop a student code of conduct in cooperation with faculty, parents, and students. The school code of conduct shall be consistent with this policy and with Policy AA419 – Student Conduct and Dress.
- Each school's policies and student code of conduct shall be reviewed by the appropriate Administrator of Schools and placed on file at the District Office. A copy of the school policies and student code of conduct, as amended each year, shall be distributed to students and/or parents prior to or during the first week of school each year. Students enrolling after the beginning of the school year shall be provided a copy of the school policies and student code of conduct at the time of registration. Teachers will be given a copy of the student code of conduct prior to the beginning of the school year.
- The student code of conduct shall be posted in a prominent location in the school.
- Dangerous or Disruptive Conduct
The following conduct is defined as "dangerous or disruptive conduct" and is prohibited on school property, at school-sponsored activities, or while traveling in school-funded or school-dispatched vehicles.
- Possessing (regardless of intent), using, selling or attempting to possess, use or sell any firearm, weapon, knife, explosive device, noxious or flammable material, firework, chemical weapon (i.e. mace, pepper spray), martial arts weapon or other instrument including those which eject a projectile or substance of any kind, or any replica or facsimile of any of the above, whether functional or nonfunctional, whether designed for use as a weapon or for some other use.
- Causing, or attempting, threatening or conspiring to cause damage to personal or real property, or causing or attempting, threatening or conspiring to cause harm to a person through:
- Possession or distribution of drugs or alcoholic beverages. (See Policy AS90 – Drugs and Alcohol)
- Harassment – repeatedly communicating to another individual, in a demeaning or disparaging manner, statements that contribute to a hostile learning environment of the student.
- Retaliation – means an act or communication intended as retribution against a person for reporting bullying or hazing, or to improperly influence the investigation of, or the response to, a report of bullying or hazing.
- Sexual harassment or fabrication of sexual harassment charges with malicious intent to defame character.
- Arson—the willful and malicious destruction of any part of a building or its contents or occupants by use of fire or explosive.
- Burglary—breaking, entering or remaining in a structure without authorization during the hours when the premises are closed to students.
- Theft/Larceny/Stealing—the intentional unlawful taking and/or carrying away of property belonging to or in the lawful possession or custody of another.
- Criminal Mischief—willful or malicious injury or damage in excess of $300 to public property or to real or personal property belonging to another.
- Battery—the unlawful and intentional touching or striking of another person against his or her will.
- Assault—placing another person in fear or apprehension of a harmful or offensive touching, whether or not a touching is actually intended.
- Hazing—(See Policy AS95 – Conduct Related to School Activities)
- Vandalism—willfully defacing, cutting, marring, injuring, damaging, or losing school or staff property. Student(s) may not participate in graduation exercises until the student or the student's parent(s)/guardian has paid for the damage or made appropriate restitution.
- Gang-related Activity—dangerous or disruptive activity, which may include but is not necessarily limited to the following:
(1) wearing, possessing, using, distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol, sign or other things which evidence membership in a gang;
(2) using a name which is associated with or attributable to a gang; or
(3) designating turf or an area for gang activities, occupation, or ownership.
- Bullying—aggressive behavior that is intentional and that involves an imbalance of power or strength. A student is being bullied or victimized when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more students. Student assessment of the prevalence of bullying in schools shall take place. In addition, schools must provide bullying training to new participants in school-sponsored athletic programs, both curricular and extracurricular, and training every three (3) years for ALL participants. “Participants” means students, employees, and coaches. Training curriculum outlines, schedules, and participant lists must be maintained by each school and provided to the Administrator of Schools upon request.
(1) physical bullying: hitting and/or punching
(2) verbal bullying: teasing or name calling
(3) non-verbal or emotional bullying: intimidation through gestures, social exclusion and relational aggression
cyber-bullying: sending insulting, threatening or harassing messages by phone or computer, or electronic messaging
- Involvement in any activity which violates federal, state or local law or regulation, disrupting normal school proceedings, or causing, or attempting, threatening or conspiring to cause other students to violate federal, state or local law or regulation or to disrupt school proceedings, or attempting, threatening or conspiring to do any of these. These activities include, but are not limited to: extortion, forgery, lewdness, and distributing obscene materials.
- Students with prior knowledge of dangerous or disruptive behavior have the duty to report such behavior to school administration. Students that fail to report such behavior are subject to appropriate disciplinary sanctions. False reports of bullying, cyber-bullying, harassment, hazing, or retaliation are prohibited.
- Due Process Procedures and Disciplinary Action
Due process is an administrative procedure followed when continued attendance of a student is in question. Fairness and reasonableness in disciplinary actions are to be maintained in all proceedings.
- The following disciplinary actions shall be taken in response to any serious violation which threatens or does harm to school property, to persons associated with the school, or their property, that involves the possession, control, use, or threatened use of a real or look-alike weapon, explosive, noxious or flammable material, with intent to intimidate another person or to disrupt normal school activities, regardless of where it occurs (USC §53A-11-904(1) (3)):
- Immediately suspend the student from school.
- As soon as possible following the incident, a local school administrator shall investigate and schedule a conference with the student and parent(s)/guardian.
- The school administration recommends a disciplinary sanction and interventions consistent with similarly situated students committing a similar violation of the code of conduct. Should the disciplinary sanction include a removal from school for more than ten days, or a change of location, such sanction must be approved by the superintendent’s designee prior to imposing the sanction.
- The parent(s)/guardian shall be notified of the student's right to a due process hearing which shall be conducted according to the procedures outlined under item D. of this policy.
- The superintendent or the superintendent's designee shall review all one-year expulsions and prepare a report for the Board of Education annually.
- The following actions will be taken for other violations of this policy:
- Immediately remove the student from the scene of the violation.
- As soon as possible following the incident, a local school administrator shall investigate and document the charges and schedule a conference with the student involved. At this conference, the student may be suspended pending the informal parent conference.
- If the issue cannot be immediately resolved, a local school administrator shall invite the parent(s)/guardian to an informal conference where information can be presented on behalf of the student.
(1) This informal conference shall take place at the first reasonable opportunity. In most instances this conference should take place within three school days of the incident.
(2) At the informal conference, the charges shall be explained and supporting evidence reviewed.
- PARENTAL NOTIFICATION OF DISRUPTIVE BEHAVIOR: If a student engages in disruptive behavior 1) three times not resulting in suspension, or 2) anytime a student is suspended, the parents shall be notified in person (or by certified mail).
Following the informal conference and prior to suspending a student for repeated acts of disruptive behavior which are not of such a nature to warrant immediate removal, good faith efforts to implement a remedial discipline plan should be made. Should a disciplinary sanction be determined appropriate, alternatives to suspension should be considered before imposing a suspension from school attendance. A local school administrator shall take appropriate disciplinary action which interventions and/or disciplinary sanctions may include one or more of the following:
(1) anger management/self-discipline classes;
(2) court/ law enforcement agency;
(3) school guidance specialist;
(4) Jordan Family Education Center;
(5) First Offenders program; or
(6) Division of Family Services, Child Protective Services or other agency.
(1) behavior contract;
(2) community or school service;
(3) inter-class timeout;
(4) in-school suspension;
(5) lunch/after-school detention;
(6) restitution for damage/harm;
(7) parent/guardian attending class with student (requires teacher permission).
(1) Short-term suspension less than or equal to 10 days
(a) One to two days suspension: makeup homework shall be made available to students upon return to school. Students will be given one week to complete the assignments and turn them in to the teacher.
(b) Three to less than or equal to 10 days suspension: parents can make arrangements for makeup work during the suspension period.
(2) Suspension to a District-level hearing (suspension from all school services and activities, including receiving homework).
(3) Students serving a suspension from school are prohibited from being on school property and participating in school-sponsored activities.
- CITATION FOR HABITUAL DISRUPTION: If a student engages in disruptive behavior 1) six times not resulting in suspension, or 2) three times not resulting in suspension plus one time resulting in suspension, or 3) two times resulting in suspensions, the student will be issued a “Habitual Disruptive Student Behavior Citation” and shall be referred to the juvenile court for violation. Within five days after the day on which the citation is issued, the school administration shall provide documentation to the parent, of the efforts made by the school to attempt to resolve the students’ disruptive behavior.
- In accordance with state law, a local school administrator may suspend a student for up to 10 school days. If a local school administrator recommends that the student be suspended for longer than 10 days, the administrator shall notify the parent(s)/guardian that they must request a District-level hearing to review the recommendation.
- If a District-level hearing is requested, the local school administrator shall promptly notify the District compliance officer.
- If requested, the hearing shall be conducted according to the procedures outlined under item D. of this policy.
- The parent(s)/guardian shall be notified of the right to appeal the decision of the District-level hearing to the Board of Education.
- A security or police officer may be invited to a due process hearing or any other phase of the student disciplinary action whenever a local school administrator or District administrator deems it necessary for safety.
- Students suspended to a District-level hearing shall be required to leave the school campus as soon as the local school administrator can transfer custody to the parent(s)/guardian or other authorized individual.
- Any student who has been expelled from a public school within a preceding 12-month period may be denied enrollment in Jordan School District.
- The policy for student disciplinary action and due process shall apply to students with disabilities only to the extent permissible under the law.
- Students with disabilities are subject to the one-year expulsion imposed for violations involving fire arms, explosives, and flammable materials (real, look-alike or pretended).
- Students with disabilities who are studying under an Individual Education Plan (IEP) may not be expelled or have their school placement changed without a hearing of the IEP committee except for violations involving weapons, drugs or serious bodily injury (consistent with the Individuals with Disabilities Education Act of 2004).
- District-Level Hearings and Right of Appeal
- The parent(s)/guardian must contact the Student Intervention Office to schedule the hearing prior to the tenth day of the student suspension.
- The superintendent or the superintendent's designee shall appoint a District administrator to conduct the hearing.
- The District administrator shall schedule the hearing with the student and the parent(s)/guardian.
- The District administrator, with the assistance of one or two other designated staff members, shall conduct the hearing at the appointed time and place. The District and the student may each be represented by a person of their choice. The school suspending the student shall be represented by an administrator and, when applicable, by a representative of the student's IEP team.
- At the hearing, each side may make statements and present evidence relevant to the issues.
- The hearing shall result in one of the following determinations:
- Any disciplinary action already imposed is rescinded and the student returned to school.
- The appropriateness of the school's disciplinary action is affirmed.
- The student is suspended for a total of 10 days and returned to school thereafter.
- The student is suspended from the current school for one or more semesters and may be transferred to another District school or to an alternative school assignment.
(1) Placement at a school other than the boundary school will be reviewed at the end of the school year or following one semester of suspension whichever comes first.
(2) A choice of two school assignments other than the current school shall be offered.
(a) In the event the Superintendent of Schools is notified by the Juvenile Court that a student has violated Title 76, Chapter 10, Part 5, Weapons, the Superintendent shall notify the principal or a designee of such finding within five days.
(b) In the event a student is transferred to another District school or an alternative school assignment because of acts constituting assault, possession of weapons, or gang behavior, the principal of the receiving school will be informed of the nature of the offense committed by the student.
(c) All private information contained in a student file or maintained by the school district about a student shall be available for review only by the school district administrative personnel. Notifications received from the Juvenile Court by the school district shall be forwarded to the principal of each school within five (5) days after receipt of such information. The principal may provide the information to school counselors who the principal deems to have a current need to know. The principal may inform educators who will be teaching the student about any disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of the student, other students, or other members of the school community. The principal may inform educators who will be teaching the student about the student’s involvement in other dangerous or disruptive behavior, as defined in Section II B, C and D of this policy.
(d) Any employee receiving information from the principal pursuant to this policy shall not disclose it to any other person. Information regarding students may be disclosed only to persons authorized to receive it under the provisions of
FERPA. (See Policy AS61 – Student Records)
(3) Home instruction under Policy AS82 – Home and Hospital Instruction may also be offered as an alternative.
(4) The parent(s)/guardian shall select the student's school assignment from among the options offered. If all options are declined, the Appeals Committee shall determine the student's school assignment.
(5) The student's school assignment cannot be appealed to the Board of Education.
- The student is suspended from all District schools for one or more semesters and transferred to home instruction as provided under Policy AS82 – Home and Hospital Instruction.
- The student is expelled from all District schools for up to one school year with no instruction provided by the District.
- The determination of the hearing shall be mailed to the student's parent(s)/guardian within five working days following the hearing.
- A record of all expelled students shall be kept and a notation of the expulsion attached to the individual student's grade transcript.
- In accordance with state law, if a student is suspended (or in the event of a Safe Schools violation, expelled) from a Jordan School District school for more than 10 school days, the parent(s)/guardian is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension or expulsion. Costs for educational services which are not provided by the District are the responsibility of the student's parent(s)/guardian.
- Appeals to the Board of Education
- The final determination, with the exception of the student's school assignment, may be appealed to the Board of Education.
- A written appeal must be submitted to the superintendent within 10 days of the day the determination of the hearing is mailed to the student.
- The Board shall review the determination, the evidence presented at the hearing, and documents submitted by the student's family. (An additional hearing shall not be held.)
- The Board may affirm the determination, amend the determination, or affirm the determination in part and amend in part.
- The Board's written decision shall be issued within 21 working days of receipt of the student's written appeal.