Emery County School District

Policy: JK - Student Discipline

Date Adopted: 22 June 1984

Current Review / Revision: 3 March 2010

It is the philosophy of the District that discipline reaches beyond merely dealing with inappropriate student conduct. The primary goal of discipline is to help each student develop a strong, useful self-discipline which contributes to the achievement of personal goals and well-being, and to the well-being of groups in which the individual is a member.

Also of major importance is the need for imposed discipline as part of achieving the total climate of a school. There must be an atmosphere that is conducive to learning, which not only does not detract from but actually contributes to motivation and the general climate for learning.

Discipline is to be approached in our schools as an instructional, developmental program first and foremost, and for the primary purpose of aiding each student in achieving self-discipline. Wherever feasible, even imposed discipline required to maintain order is to be designed as part of the instructional/ developmental program. The District's student discipline and conduct program will include these elements and/or goals:

General Curriculum

The most important component will be an effective learning program, one which seeks to provide the most worthwhile learning opportunities for each student. Schools of this District shall seek to incorporate those ideas and practices proved through research as resulting in significantly improved learning, as well as those producing increased interest in and commitment to learning.

Discipline and Citizenship Curriculum

1. Specific instructional elements will be developed to help students: 1) understand the nature of self- discipline and its values; 2) develop their own self-discipline; 3) understand and develop good citizenship; and 4) develop healthy self-esteem.

2. Every student in the Emery County School District should have the opportunity to learn in an environment that is safe, conducive to the learning process, and free from unnecessary disruption. Every student is expected to follow accepted rules of conduct; and to show respect for other people and to obey persons in authority at the school.

3. Intervention strategies shall be made available to assist students whose behavior in school is repeatedly short of reasonable expectations.

School and Classroom Management

School and classroom management shall be consistent and integrated with the discipline and good citizenship curriculum. Students shall be provided opportunity to experience academic and social success in all district schools and classrooms. Schools shall develop plans and policies for classroom and student management which will include:

• Written standards for student behavior expectations, including school and classroom management

• Effective instructional practices for teaching student expectations, including self-discipline, citizenship, civic skills, and social skills

• Systematic methods for reinforcement of expected behaviors

• Uniform methods for correction of student behaviors

Student Rights and Responsibilities

Student rights shall be clearly defined, based on the law, court precedent, and exemplary ideas.

Due Process

If a student is removed from school or otherwise disciplined under this policy, the student has the right to meet with the site administrator to tell his/her side of the story. No student is to be removed from school for more than ten (10) days without due process. Parents may appeal to the Board of Education a decision of removal of a student from school, in writing, within 10 days following the removal.

Limitations on Punishment

As a general rule, imposed discipline shall be used only to establish or maintain the minimum level of acceptable behavior necessary to an educational climate which is conducive to optimal learning. Any imposed discipline should be built around the principles of firmness, fairness, and consistency in an atmosphere of caring. Efforts shall be made to apply the least restrictive alternative that appears reasonably sufficient to resolve the problem.

Training

A comprehensive in-service program will be developed and implemented to assure that all employees who work directly with students have the knowledge and skills to carry out the district's discipline and good citizenship program effectively.

Grade or Credit Reduction

Lowering of grades or reduction of credit for misconduct, absence, or tardiness shall not be done.

Suspension and Expulsion

1. "Suspension" is disciplinary removal from school by the Principal or Assistant Principal for a period not to exceed 10 days. The Superintendent may suspend a student for up to one year with Board authorization.

2. "Expulsion" is a disciplinary removal from school by the School Board for a fixed or indefinite period of time. Expulsions must be reviewed by the Superintendent at least annually.

Expulsion is to be used only in very extreme cases when: a) the student's continued presence in school presents a current, serious threat of harm to persons, property, or the educational process, and cannot be adequately controlled or eliminated by other, less restrictive means.

If a student is suspended or expelled from a school for more than 10 days, it is the responsibility of the parent or guardian to undertake an alternative education plan that will ensure that the student's education continues during the period of suspension or expulsion. The parent or guardian will work with the school officials to determine how that responsibility might best be met.

Grounds for Suspension or Expulsion from School:

A student may be suspended or expelled from a public school for any of the following reasons:

1. frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language;

2. willful destruction or defacing of school property;

3. behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school;

4. possession, control, or use of an alcoholic beverage;

5. behavior which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with that person, regardless of where it occurs; or

6. possession or use of pornographic material on school property.

A student shall be suspended or expelled from a public school for any of the following reasons:

1. any serious violation affecting another student or a staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:

   1. the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;

   2. the actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities; or

   3. the sale, control, or distribution of a drug or controlled substance, an imitation controlled substance, or drug paraphernalia; or

   4. the commission of an act involving the use of force or the threatened use of force which if committed by an adult would be a felony or class A misdemeanor.

A student who commits a violation involving a real or look alike weapon, explosive, or flammable material shall be expelled from school for a period of not less than one year subject to the following:

1. within 45 days after the expulsion the student shall appear before the Superintendent, or the superintendent's designee, accompanied by a parent or legal guardian; and

   1. the Superintendent or designee shall determine:

      1. what conditions must be met by the student and the student's parent for the student to return to school;

      2. if the student should be placed on probation in a regular or alternative school setting, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school the student is placed in; and

      3. if it would be in the best interest of both the school district, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local school board and giving highest priority to providing a safe school environment for all students.

A student may be denied admission to a District school on the basis of having been expelled from that or any other school during the preceding 12 months.

Education Outside the School

Utah students have both the right and the obligation to participate in formal education. The fact that a student has a right to an educational service does not mean a student has an equally compelling right to receive the educational service in a regular classroom setting. Students whose behavior is such that other students, property, or the learning process itself are endangered may be given their right and be required to fulfill their obligation to receive an education in some other more appropriate location.