The Student Discipline Code

1. The Student Discipline Code Randall Ranes, Administrator Steve Castro, Supervisor Erin Johnston, Dean Student Services Department October 2004

2. Presentation Goals • Identify relationships between law, policy, procedure, and District discipline code • Define terms & misconduct - District discipline code • Demonstrate location/use of discipline code resources • Describe legal standard and best practices for parent and student notice of conduct rules • List guidelines for selecting alternatives to suspension • List and define corporal punishment, recess restriction, detention, and community service • Identify when law enforcement notice is mandatory and discretionary • Demonstrate alignment of discipline investigation outcomes with corresponding offense categories District Discipline Code (10/04)

3. Law, Policy, and Procedure • “The governing board . . . shall prescribe rules not inconsistent with law or with the rules prescribed by the State Board of Education for schools under its jurisdiction” (Education Code Section 35291) • Board policies and regulations shall delineate acceptable student conduct and provide the basis for sound disciplinary practices (School Discipline, BP 601.7) • Each school shall adopt disciplinary rules to meet the school's individual needs (School Discipline, BP 601.7) District Discipline Code (10/04)

4. Discipline Strategies • Guide for Parents and Students – “Conduct and Discipline” section (starts at p. 34 in 2004-05 publication) • School Discipline, BP 601.7 • Conduct of Pupils, BP 601.1 • Suspension, BP 601.3 District Discipline Code (10/04)

5. Minimal Notice of School Rules • Rules must be disclosed in advance • Parents have a statutory right to be informed in advance about school rules (Education Code Section 51101 and BP 300.48). At a minimum this notice shall be provided in writing at the beginning of each school year or upon being admitted to a school (Education Code Section 48980 and BP 601.7) • Students have a policy-based right to be notified of rules or regulations to which they are subject (BP 605.2) • Notification Procedures • Guide for Parents and Students • Employee review with students (classroom, assembly) • Other District Discipline Code (10/04)

6. Does requirement to give notice of rules mean every possible misconduct must be specified in advance? District Discipline Code (10/04)

7. Enforcement of Conduct Rules • Employees are expected to provide appropriate supervision to enforce standards of conduct • If an employee observes/becomes aware of a violation of these standards, the employee is to immediately intervene or call for assistance • If an employee believes a (discipline) matter has not been resolved, he/she shall refer the matter to his/her supervisor or administrator for further investigation • Students who violate district or school rules and regulations may be subject to discipline, including but not limited to suspension, expulsion, or transfer to an alternative program in accordance with Board policy and administrative regulation District Discipline Code (10/04)

8. Courts Generally Uphold Student Discipline When: • The school rules are reasonable • The rules have been disclosed to students in advance • The rules have been imposed fairly, uniformly, and equally among all students • The school is seeking to regulate conduct which has a direct effect on the welfare of the school • The school rules are rationally related to the valid interests of the school District Discipline Code (10/04)

9. District Wide Discipline Code Categories • Disruptive Behavior A • Disruptive Behavior B • Disruptive Behavior C • Disruptive Behavior D • Disruptive Behavior E District Discipline Code (10/04)

10. Layout of District Discipline Code • Alternatives to Suspension • Category of Disruptive Behavior (five categories in all) • Listing of misconduct within each category • Sequence of Actions (e.g. first referral, second referral) SC District Discipline Code (10/04)

11. Alternatives to Suspension • List includes factors to consider in determining an appropriate consequence • List includes “discipline” or related consequences that may be used instead of suspension SC District Discipline Code (10/04)

12. Category of Disruptive Behavior • Offenses are organized within groupings based on similar severity • Ranges from less severe (Disruptive Behavior A) to most severe (Disruptive Behavior E) • Disruptive Behavior E is the only grouping requiring a referral for expulsion District Discipline Code (10/04)

13. Sequence of Actions • The “sequence of actions” part of the Discipline Code again illustrates the range of consequences • The Discipline Code permits consequences to become more harsh if the number of referrals the student receives increase District Discipline Code (10/04)

14. Sequence of Actions • 0-3 day suspension • 0-5 day suspension • The range beginning with zero (0) means discipline for the offense does not require a suspension and, depending on the seriousness of the behavior, suspension days, if given, typically fall within the specified range Administrative discretion exists for each category EXCEPT Disruptive Behavior E District Discipline Code (10/04)

15. Illustration of Severity Range Within Single Offense: Knife Possession • Has lethal knife, has plan, target identified • Has lethal knife, conflict identified • Has lethal knife, no plans or disputes • Has small knife, plans loosely developed • Has small knife, no plans or disputes • Has small knife, young age, little capacity to carry out plan District Discipline Code (10/04)

16. Illustration of Severity Range Within Single Offense: Possession of Controlled Substance • Quantity sufficient for several persons, means to ingest, plans to use • Sufficient quantity, plans, no means • Usable quantity, no plans, no means • Usable quantity, age/maturity • No usable quantity District Discipline Code (10/04)

17. Attempted Caused Physical injury Serious physical injury Controlled substance Assault Imitation firearm SC Knife Dangerous object Unlawfully Battery Brandished Possessed Note: Offenses must be aligned with facts The Language of Offenses District Discipline Code (10/04)

18. Illustration: Dissection of an Offense Offense: Possess, sell, or otherwise furnish a firearm Elements: Possess a firearm Sell a firearm “Otherwise” furnish a firearm District Discipline Code (10/04)

19. Facts to Findings: Use of Definitions • See glossary of Student Services Handbook • If Education Code does not define a term, district can adopt a definition • Clarity helps us fairly apply the discipline code, helps provide consistency, reduces confusion, and minimizes effective challenges of authority District Discipline Code (10/04)

20. Illustration of Possession Which students possess a knife and are subject to the discipline code? • Has knife in pocket • Found knife and handed to school employee • Gave knife to another student to hold until after school • Has knife in his desk • Has knife hidden behind pipe on campus District Discipline Code (10/04)

21. Alignment of Facts with Findings in Discipline Procedures • Legal doctrine – Students are not subject to discipline unless there is a finding factually establishing school rules were violated • Broader and more detailed “due process” rights are provided as consequences are more intrusive in student’s education (e.g., school removal) District Discipline Code (10/04)

22. Corporal Punishment Prohibited • Corporal punishment shall not be used as a disciplinary measure against any student • Corporal punishment includes the willful infliction of, or willfully causing the infliction of, physical pain on a student (Education Code Section 49001) • Corporal punishment does not include an employee's use of force that is reasonable and necessary to protect the employee, students, staff, or other persons or to prevent damage to property, or to obtain possession of weapons or other dangerous objects within the control of the student (Education Code Section 49001) School Discipline, BP 601.7 District Discipline Code (10/04)

23. Framing Recess Restriction A teacher may restrict a student's recess time when he/she believes that this action is the most effective way to bring about improved behavior, subject to the following conditions: 1. The student shall be given adequate time to use the restroom and get a drink or eat lunch, as appropriate 2. The student shall remain under a certificated employee's supervision during the period of restriction 3. Teachers shall inform the principal of any recess restrictions they impose Education Code Section 44807.5 & School Discipline, BP 601.7 District Discipline Code (10/04)

24. Detention • Students may be detained for disciplinary reasons up to one hour after the close of the maximum school day (Title 5, California Code of Regulations, Section 353) • If a student will miss his/her school bus on account of being detained after school, or if the student is not transported by school bus, the principal or designee shall notify parents/guardians of the detention at least one day in advance so that alternative transportation arrangements may be made. The student shall not be detained unless the principal or designee notifies the parent/guardian • In cases where the school bus departs more than one hour after the end of the school day, students may be detained until the bus departs (Title 5, California Code of Regulations, Section 307 and 353) • Students shall remain under the supervision of a certificated employee during the period of detention. School Discipline, BP 601.7 District Discipline Code (10/04)

25. Community Service • As part of, or instead of, disciplinary action the principal/designee may, at his/her discretion, require • a student to perform community service on school grounds, or • with written permission of the student's parent/guardian off school grounds, during nonschool hours • Such service may include, but is not limited to, community or school outdoor beautification, campus betterment, and teacher, peer, or youth assistance programs (Education Code Section 48900.6) • Community Service is not an option if the student is suspended, pending expulsion (with exceptions not relevant in typical practice) School Discipline, BP 601.7 District Discipline Code (10/04)

26. See handout that is an excerpt from the Student Services Handbook Required compared to discretionary notice What if law enforcement notice is required, but a response is not needed? Documenting notice when required Requesting law enforcement response when not required Law Enforcement Notification District Discipline Code (10/04)

27. Where are the Resources? • Online demonstration • Board policy (Board Policy Link) • Student Services Handbook (Student Services Handbook Link) • Guide for Parents and Students (Limitation of) • Consultation EJ District Discipline Code (10/04)

28. Issues, Questions, and Conclusions • Issues • Questions • Conclusions Next Presentation: Search and Seizure District Discipline Code (10/04)

29. THANK YOU! District Discipline Code (10/04)