HANDBOOK
Discipline Code
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HANDBOOK Discipline Code |
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The School and School District are developing and implementing discipline guidelines and school/home compacts designed to inform and involve parents. We believe that although students have the right to a public education where they can be taught and treated fairly, they do not have the right to:1. Interfere with another student’s learning.
2. Engage in behavior that is not in their best interest or in the
best interest of others, or
3. Interfere in the teaching/learning processWe are strongly committed to encouraging all who are involved with the development and education of children to work together to make the school experience successful. Positive student behavior will be expected and misbehavior dealt with in an appropriate manner as indicated in the district discipline policy.
Subject Index: Click on the available options below. DISCIPLINE POLICY
Class I, Minor Offenses: Absence, Assault, Disruption, Dress, Gangs, Gestures, Harassment Profanity,Tardiness.Class I, Disciplinary Actions: First and second offenses.
Class II Intermediate offenses: Assault, Battery, Defiance, Extortion, Fighting, Fireworks, Inciting to riot, Obsenity, Propositions, Stealing, Tobacco, Touching, Threats, Tresspassing, Vandalism.Class II Disciplinary Actions: Intermediate Offenses:
Class III Major Offenses: Aggravated battery, Arson, Battery,Bomb threats, Burglary, Criminal mischief, Drugs, Explosives, Extortion, Firearm discharge, Firearm possession, Grand theft, Inciting major disorder, Robbery, Sexual acts, Weapon possession.Class III Disciplinary Actions
General Terms: Corporal punishment, Due process, Expulsion, Suspension definition, Suspension procedure.
Introduction: School personnel will strive to secure individual and group discipline, but should not tolerate insubordination, lack of proper respect, or improper conduct on the part of a student or students. Such conduct will result in disciplinary action and may lead to suspension or expulsion. School personnel should, in turn, extend to students the same respect and courtesy which they, as employees, have the right to demand.Students are charged with the responsibility of abiding by accepted standards of good conduct and discipline while on school property or while participating in any school activity. Students whose misconduct interferes with the rights of other students or adults or brings discredit upon themselves or the school system will be disciplined in accordance with local and state rules and regulations as set forth.
Student misconduct that results in the violations of state or federal law will be referred to the appropriate law enforcement agency.
All teachers and/or other supervisory personnel, employed by the district, are expected to assume responsibility for discipline. Teachers and other supervisory personnel are charged with the responsibility of knowing district policies, procedures, rules and regulations. All school personnel who have responsibility for supervising students are equally obligated to correct student misconduct in a consistent manner at all times students are under school jurisdiction. Cutting or reducing student grades outside of the teacher's established classroom rules is not acceptable disciplinary action.
Supervisory personnel must afford students due process prior to taking disciplinary action.
MINOR OFFENSES -- CLASS I
Class I Offenses should be dealt with, where possible, at the level of occurrence. Referral of student misconduct to higher school authority should occur only if the misconduct persists after appropriate intervention of school personnel, including the following:1. Regular notification, posting or discussion with students of expectations for appropriate behavior.
2. Proper warning of the student about the misconduct.
3. Appropriate disciplinary measures are taken.
4. Consultation with parent/guardian concerning reoccurring misconduct.1. ASSAULT OR HARASSMENT OF STUDENT. Defined as the intentional threat by word or act to do violence to another student, combined with an apparent ability to do so, and creating a well-founded fear that such violence is imminent.
2. INTENTIONALLY PROVIDING FALSE INFORMATION TO A SCHOOL DISTRICT EMPLOYEE. defined as giving false information relating to student informational data and school related data.
3. USING PROFANE OR OBSCENE LANGUAGE, CONDUCT AND/OR GESTURES.
4. ILLEGAL ORGANIZATION. Defined as participation in fraternities, sororities and secret societies.
5. NONCONFORMITY TO DRESS CODE. Defined as rules and regulations of dress standards set forth by each building.
6. UNAUTHORIZED ABSENCE FROM CLASS OR SCHOOL.
8. MINOR DISRUPTION ON A SCHOOL BUS.
9. EXCESSIVE DISTRACTION OF OTHER STUDENTS. Defined as any behavior which disrupts the orderly educational process in the classroom or other school functions.
10. ANY OTHER VIOLATION WHICH THE ADMINISTRATOR REASONABLY DEEMS TO FALL WITHIN THIS CATEGORY.
CLASS I DISCIPLINARY ACTIONS:
ELEMENTARY STUDENTS (MIDDLE SCHOOL IS DEFINED AS ELEMENTARY)First Offense: Conference and parental contact when warranted.
Second Offense: Parental contact and disciplinary action.
Subsequent Offense: Disciplinary action, such as probation, detention, requiring work for restitution, requiring extra school work not related to the academic subjects, or suspension, at the discretion of the administrator. Special circumstances may warrant referral to the superintendent or designee.
Note: Circumstances make consequences flexible. Each building principal is responsible to provide a tracking system.
SECONDARY STUDENTSFirst Offense: In-school conference and parental contact when warranted. specific circumstance may warrant disciplinary action outlined under subsequent offenses.
Subsequent Parental contact and in-school disciplinary
Offenses: action such as probation, detention, extra assignments, in-school suspension, at the discretion of the administrator. Special circumstance may require referral to the superintendent.Note: Circumstances make consequences flexible. Each school principal is responsible to keep appropriate records on student misconduct and disciplinary actions taken.
INTERMEDIATE OFFENSE -- CLASS II
Some Class II offenses may be dealt with at the level of occurrence by appropriate school personnel under the same guidelines set forth in Class I Offenses.1. BATTERY UPON STUDENTS. Intentionally using physical force or striking another student against the will of the other, or intentionally causing bodily harm to an individual.
2. DEFIANCE OF SCHOOL DISTRICT EMPLOYEE'S AUTHORITY. Any verbal or nonverbal refusal to comply with a lawful direction of a school district employee or volunteer worker.
3. USE OF OBSCENE MANIFESTATIONS (VERBAL, WRITTEN OR GESTURES) TOWARD ANOTHER PERSON.
4. POSSESSION AND/OR USE OF TOBACCO PRODUCTS OR PARAPHERNALIA. Possession on the person, in the locker or desk, or in other effects of the student.
5. SIMPLE ASSAULT ON SCHOOL DISTRICT EMPLOYEE. The act of threatening by word or deed to do violence to the person of an employee. There must also be the apparent ability to do so and the commission of some act which creates a well-formed fear that violence is imminent.
6. STEALING, LARCENY, PETTY THEFT. The intentional unlawful taking, concealing, and/or removal of property valued at less than $100.00 belonging to, or in the lawful possession or custody of another.
7. POSSESSION OF STOLEN PROPERTY. Defined as person in possession of property of which he/she has knowledge that it is stolen.
8. TRESPASSING. Willfully entering or remaining in any structure, conveyance, or property without being authorized, licensed, or invited; or having been warned by an authorized person to depart, refusing to do so.
9. VANDALISM. Intentional action resulting in injury or damages of less than $100.00 to public property or the real personal property of another.
10. FIGHTING. Any physical conflict between two or more individuals.
11. POSSESSION AND/OR IGNITING OF FIREWORKS.
12. THREATS, EXTORTION. Malicious written or verbal threat of injury to the person, property or reputation of another, with the intent to extort money or any pecuniary advantage whatsoever; or with intent to compel the person threatened, or any other person, to do any act or refrain from doing any act against his/her will.
13. OFFENSIVE TOUCHING OF ANOTHER PERSON.
14. WRITTEN OR VERBAL REFERENCE TO OR PROPOSITIONS TO ENGAGE IN SEXUAL ACTS.
15. INCITING TO RIOT OR UNAPPROVED ASSEMBLY.
16. ANY OTHER VIOLATION WHICH THE ADMINISTRATOR REASONABLY DEEMS TO FALL WITHIN THIS CATEGORY.
CLASS II DISCIPLINARY ACTIONS:
ELEMENTARY STUDENTS
First and Second Offenses: Parental contact and disciplinary action.
Subsequent Offenses: Suspension for 1-5 days.SECONDARY STUDENTS
First Offense: Parental contact and in-school suspension and/or extended work assignments before or after school and/or suspension for 1-3 days. Any school properties damaged or destroyed by the student will be reimbursed to the school by that student.Subsequent
Offenses: Suspension for 3-5 school days. Special circumstances may warrant a recommendation for expulsion. If so recommended, the expulsion procedures listed will be followed. Any monetary loss to the school incurred by the actions of the student will be reimbursed to the school by that student.Note: Circumstances make consequences flexible. Each building principal is responsible to provide a tracking system.
MAJOR OFFENSES -- CLASS III
All Class III Offenses should be immediately referred to higher school authority after appropriate action has been taken at the level of occurrence to ameliorate conditions if such action is necessary.1. AGGRAVATED BATTERY. Intentionally causing great bodily harm, disability or permanent disfigurement; use of a deadly weapon.
4. POSSESSION OF WEAPONS OTHER THAN FIREARMS. Switchblade knife or any knife with a blade in excess of 3 inches; metallic knuckles; tear gas gun; chemical weapon or device; or any other weapon, instrument or object, with the intent to go armed.
5. DRUGS. Unauthorized possession, transfer, use or sale of drugs, drug paraphernalia, or alcoholic beverages.
6. BATTERY UPON SCHOOL DISTRICT EMPLOYEE. The actual unlawful, intentional use of physical force or striking of an employee or volunteer worker against his/her will, or the intentional causing of bodily harm to an employee or volunteer worker.
7. ARSON. The willful and malicious burning of any part of a building or its contents.
8. STEALING, LARCENY, GRAND THEFT. The intentional, unlawful taking, concealing and/or carrying away of property valued at $100.00 or more belonging to, or in the lawful possession or custody of another.
9. ROBBERY. The taking of money or property from the person or custody of another by force, violence or assault.
10. BURGLARY OF SCHOOL PROPERTY. Entering or remaining in a structure or conveyance with the intent to remove property, money or other valuables from the premises.
11. CRIMINAL MISCHIEF. Willful and malicious injury or damages at or in excess of $100.00 to public property, or to real or personal property belonging to another.
12. INCITING OR PARTICIPATING IN MAJOR STUDENT DISORDER. Leading, encouraging, or assisting in major disruptions which result in destruction or damage of private or public property or personal injury to participants or others.
13. EXPLOSIVES. Preparing, possessing or igniting on school district property explosives likely to cause serious bodily injury or property damage.
14. BOMB THREATS. Any such communication to a school district employee which has the effect of interrupting the educational environment.
15. SEXUAL ACTS. Acts of a sexual nature, including but not limited to, battery, intercourse, attempted rape, or rape.
16. EXTORTION. The carrying out of a threat against an employee which causes the victim either to comply to demands or to suffer the results of the threat for noncompliance to demands made with the intent to extort money or any pecuniary advantage whatsoever.
17. ANY OTHER OFFENSE WHICH THE ADMINISTRATOR MAY REASONABLY DEEM TO FALL WITHIN THIS CATEGORY.
CLASS III DISCIPLINARY ACTIONS:ELEMENTARY AND SECONDARY STUDENTS
Suspension and recommendation for expulsion by the school administrator, as authorized in the procedures outline. Pending final determination of the matter by the school board and in compliance with state and federal law where applicable, the school may request extensions of the allowed five (5) day suspension in accordance with state law.
In regard to firearms, Madison School district has a gun free policy in which students who are in the possession of firearms or who discharge a firearm are disciplined in compliance with the district Gun-Free Schools Policy and according to federal guidelines.
The student will be responsible for any property loss to the school through his/her action.
Note: Circumstances make consequences flexible.
Each school in Madison School District #321 will comply with the provisions of this disciplinary policy with due consideration given, in applying the policy, to the age and maturity of the student in the individual schools and the circumstances that exist at the level of occurrence.
SUSPENSIONSuspension - Temporary removal of a student from his/her regular school program for a period not to exceed five (5) school days. The superintendent may extend a suspension an additional ten (10) school days. The Board of Trustees may, under circumstances outlined in Idaho Code 33-205, extend a suspension an additional five (5) school days.
Students who do not abide by school regulations and policies of the school district, and who disrupt the educational atmosphere or interfere with the educational processes of the school, may be suspended for a period of time.
1. Suspension may be recommended by the classroom teacher. However, suspensions shall be made by the guiding administration. Written notification to parents or legal guardian shall be provided by the administration.
2. No student shall be suspended from school by a school administrator for more that five (5) consecutive school days for each offense: Section 33-205, Idaho Code.
3. Students shall be given written and/or oral notice of the charge against him/her and shall have an opportunity to deny the allegations or explain any mitigating circumstances before any action is taken.
4. If immediate suspension of a student is necessitated by his/her presence endangering other, or school property, notice and conference will follow as soon as practical.
5. All suspensions will be reported on a District Discipline Referral Form and a copy submitted to the Superintendent.
6. The number of days a student is absent from school due to suspension will not be counted as part of the allowable days missed before losing credit for a course or class.
7. The suspended student may be readmitted prior to the expiration of the five (5) day period upon receipt of evidence that the problem creating the original suspension has been resolved. The student may either be readmitted conditionally or unconditionally as determined by the administration. If the readmission is conditional, it should be made clear to the student and his parents that the breach of any of the conditions imposed for readmission will constitute a separate act for which suspension may again be ordered, but in no case shall such subsequent suspension exceed five (5) school days.
The administration shall prepare a written statement of the condition of readmission to be signed by the student before readmission.
1. If the student is reported to be in violation of district regulations, he shall be referred to the building administration.
2. The administration shall advise the student of the allegations made against him, the regulation purportedly violated, and the student's right to deny the allegations or explain any mitigating circumstances.
3. If the administration determines that disciplinary action is required, they shall prescribe the disciplinary action appropriate under the circumstances.
4. The student may be allowed to remain in school subject to reasonable conditions. If evidence exists to warrant such action, suspension may be imposed.
5. If it is determined that suspension is to be imposed, parents or guardians will be contacted and advised of the action taken and the reasons therefore. Under no circumstances should the student be allowed to leave school grounds until the parents or guardians have been notified of the suspension and have assumed responsibility for the student or until the end of the regular school
day.If the parents cannot be contacted prior to the end of the school day, the administration should continue efforts to contact them to ensure that they are fully advised of the suspension and can make any necessary arrangements for the care and custody of the child during the suspension period.
6. Written notice in the principle language of the home, describing the allegations, the action taken, and the reasons therefore, should be given to the student to be delivered to his parents. Additionally, the written notice should be sent to the parents by mail to ensure that the parents receive actual notice of the action taken and its basis.
7. The written notice to the parents, in addition to stating the alleged misbehavior, the rules violated, the action taken, and the basis therefore, shall advise the parents of a request to confer with the administration about imposing the suspension and to challenge the decision if, following the conference, they feel that the student has been wrongfully suspended.
8. The administration shall advise the superintendent of any suspensions within one (1) school day. A record of all suspensions will be kept and will be accessible by the superintendent, board of trustees and parents.
9. If, at the conclusion of the conference the parents decide to challenge the suspension, they must advise the administration of their decision and file a Notice of Intent to Challenge with the superintendent of the district within two days.
10. Following the receipt of the Notice of Intent to Challenge, the superintendent shall schedule a hearing with the board of trustees within a reasonable time, not to exceed three (3) days, and give advance notice of the date, time, and place of the hearing. The notice should inform the parents of their right to be represented by counsel, at their own expense; the right to obtain a copy of the transcript of the proceedings before the board, also at their own expense; and the right to present evidence and to cross-examine witnesses testifying against their child. A verbatim record of the proceedings by tape recording or other suitable means shall be made.
11. The superintendent shall render the decision of the board within a period not to exceed two (2) days following the hearing and shall notify the parents in writing of his decision and the reasons on which it is based. If it is determined that suspension is not warranted, the student shall be unconditionally readmitted.
EXPULSIONExpulsion - The denial of attendance or removal from attendance of a student by the board of trustees.
Expulsion is a very serious action to be taken against a student and should not be recommended unless all resources and processes have been exhausted and a conference has been held with the administration and the appropriate district administrator. No recommendation for expulsion shall be made until all necessary investigations and conferences have been held at the school building level.
Normally, expulsion should only occur after all other attempts to correct violations have been tried. The student should have been allowed to correct his/her violations using exclusion and or suspension prior to being expelled. If expulsion seems necessary, the following steps should be followed:
1. The teacher or other school personnel who believes a student has committed a violation of the school regulations which constitutes grounds for expulsion shall notify the administration who in turn will notify the superintendent.
2. The administration shall advise the student of the allegations, the regulation purportedly violated, and the right of the student to deny the allegations or explain any mitigating circumstances.
3. If the administration determines that expulsion action is required, they shall suspend the student from school. They shall immediately recommend in writing to the superintendent and the board of trustees that the student's actions be reviewed for expulsion.
The student's parent/guardian should be contacted and advised of the action taken and the reasons therefore. Under no circumstances should the student be allowed to leave the school grounds until the parents have been notified.
If the parents cannot be contacted prior to the end of the school day, the administration should continue efforts to contact them by phone or in person to ensure that they are fully advised of the action and can make necessary arrangements for the care and custody of the child. The administration should ensure safe passage home for the child if parents could not be contacted prior to the end of school time.
4. The written notice to the parents, in addition to stating the alleged misbehavior, the rules violated, the action taken and the basis therefore, shall advise the parents of the conference, the date of which will not exceed five (5) days after the initial suspension action took place, with the administration, superintendent, and school counselor to review the case to determine if expulsion is in the best interest of the student. The school counselor, administration and superintendent shall act as a review committee given the authority to recommend expulsion and to impose such penalty with final approval resting upon the board of trustees. This action will be considered at a board meeting. It should also notify the parents of their right to challenge any decision following the conference.
5. If, at the conclusion of the conference, an expulsion has been imposed contingent upon approval of the board of trustees and the parents decide to challenge the expulsion, they must advise the superintendent of their decision and file a Notice of Intent to Challenge with the board of trustees of the district.
6. Following the receipt of the Notice of Intent to Challenge, the board shall schedule a hearing within a reasonable time, not to exceed thirty (30) days, and give advance notice of the date, time and place of the hearing. The notice should inform the parents of their right to be represented by counsel, at their own expense; the right to obtain a copy of the transcript of the proceedings before the board, also at their own expense; the right to present evidence and to cross-examine witnesses testifying against their child; and the right to request a public hearing on the matter. In the absence of such request, the hearing will be in executive session. A verbatim record of the proceedings by tape recording or other suitable means shall be made.
7. The board of trustees shall render its decision within a period not to exceed thirty-five (35) days following the hearing and shall notify the parents in writing of its decision and the reasons on which it is based. If it is determined that expulsion is not warranted, the student shall be unconditionally readmitted and the information pertaining to the case be filed in his/her permanent record.
8. Any Pupil who has been suspended or expelled may, except in cases dealt with under the provisions of the federal Gun-Free Schools Act, apply for readmission at any time by making a written application to the board of trustees through the superintendent. Any such application should contain the following information:
a. Why the student wishes to return and reasons why that student should be readmitted.
b. New evidence, if any, which should support his/her request for rehearing.
c. A statement from the student's parents in support of his request to re-enter school and an assurance that the parents will cooperate with the school in an effort to eliminate the problem that has caused the suspension or expulsion.No more than one request for readmission will be accepted. The superintendent shall, in writing, advise the pupil's parent or guardian of the decision of the board within twenty (20) days of the receipt of such application.
9. Any pupil who is within the age of compulsory attendance who is expelled as herein provided, shall come under the purview of the youth rehabilitation act and an authorized representative of the board shall file a petition with the probate court of the county of the pupil's residence in such forms as the court may require under the provisions of Section 16-1807.
10. All expulsions are under the jurisdiction of the board of trustees and shall be governed in accordance with the "Due Process" procedures. Any decision by the board of trustees regarding an expulsion shall require:
PROCEDURE FOR DUE PROCESSIdaho law guarantees specific rights to students for due process in case of expulsion. Idaho Code, Section 33-205, states: "No pupil shall be expelled without the board of trustees having first given notice to the parent or guardian of the pupil, which notice shall state the time and place where such parent or guardian may appear and show cause why the pupil should not be expelled..."
Procedures for insuring students due process rights are found under PROCEDURES FOR SUSPENSION and PROCEDURES FOR EXPULSION.
CORPORAL PUNISHMENTTHE DISTRICT DOES NOT ALLOW CORPORAL PUNISHMENT.