Student Conduct: Discipline or Development?

Student Conduct:Discipline or Development? A Review of N.J.A.C. 6A:16-7, Student Conduct Gary L. Vermeire geeeveee@yahoo.com

Purposes of this Session • Explain the minimum requirements for school policies and procedures for: • Promoting positive student development and student behavioral expectations; and • Intervening with and remediating student conduct concerns.

Purpose of this Session, cont. • Identify areas for resource sharing, including training, technical assistance & support on policies and practices for addressing student conduct issues. • Identify opportunities for school and other agency staff to cooperate in assisting students at risk for school failure and involvement in the juvenile justice system.

Concerns • “Zero Tolerance” Policies • Increase in out-of-school suspension primarily for non-dangerous, non-violent misbehavior, e.g. tardiness, “disrespect” (95%) with little or no academic benefit • Discrimination? • African-American students - 18% public enrollment; 40% of one or more suspensions • Disabled students – higher rates • Lifetime Negative Effects: work, military, financial aid, juvenile-criminal justice

Summary Recommendations • Climate & Prevention • Comprehensive multi-tiered behavioral framework that engages the whole school community in establishing a positive, safe & nurturing school environment for all • Universal – School-wide strategies • Targeted – More intensive strategies for students exhibiting at-risk behavior • Indicated – Intensive services for students continuing to exhibit problem behavior, needing additional support

Summary Recommendations, cont. • Clear & formal instruction for staff & students on responsible & respectful behavior in all school settings & activities • Clear, Appropriate, Consistent & Fair Expectations, Consequences & Rewards for Good Behavior • Code of student conduct aligned with student support services and academic program • Equity & Continuous Improvement • Build staff capacity & continuously evaluate

Regulatory History • 2001 – NJDOE Working Group (9 focus groups) • Develop standards, but not overly prescriptive • Allow local decision making on specifics & consequences, but provide a framework in which schools can function • 2002 – State Board of Education Discussion Paper • 2005 – Adopted • 2006 – Re-adopted • 2014 – Re-adopted with Amendments

Purposes of N.J.A.C. 6A:16-7 • Establish standards, policies & procedures for positive student development&student behavioral expectations • Promote a school climate that supports academic excellence and a positive work environment for staff • Organize existing case law, statutes & rulings on student conduct & due process of law • Support local authority for student conduct, while assuring student’s rights • Support the mission of the NJ State Board of Education

Amendments/New Rules • Increase school flexibility and reduce state requirements recommended by the Educational Transformation Task Force (Exec. Order #58, 2011), where possible • Clarify and reorganize existing regulations • Make terms and language consistent across education regulations • Conform to associated statutes and case law • Refine/Amend definitions

Amendments/New Rules, cont. Established new rules on: • Conduct away from school grounds • Attendance • Harassment, intimidation & bullying

Code of Student Conduct (CSC)N.J.A.C. 6A:16-7.1 • Establishes a framework for the development of a school district CSC that: • Promotes positive student development & behavioral expectations - 7.1(a) • May be established in collaboration with parents, students & community members, representing school & community composition- 7.1(a)1 - Focus on Prevention -

Code of Student Conduct, cont. • Establishes a framework for a district CSC that: • Is annually reviewed & updated, as appropriate - 7.1(a)2 • Is annually disseminated to students, parents & staff - 7.1(a)3 • Is equitably applied - 7.1(a)3 & c(5)iii • The regulations: • Require annual trainingon the CSC for all board of education (BOE) employees - 7.1(a)4 - Training must address the prevention, intervention and remediation of conduct violating the CSC

Code of Student Conduct, cont. CSC PURPOSES - 7.1(b) • Foster the health, safety & social and emotional well-being of students; • Support the establishment and maintenance of civil, safe, secure, supportive & disciplined school environments conducive to learning; • Promote achievement of high academic standards; • Prevent the occurrence of problem behaviors;

Code of Student Conduct, cont. CSC PURPOSES, cont. • Establish parameters for the intervention & remediation of student problem behaviors at all stages of identification; and • Establish parameters for school responses to violations of the CSC that take into account, at a minimum, the severity of the offenses, the developmental ages of the student offenders & students’histories of inappropriate behaviorsin accordance with 7.2 through 7.8, as appropriate.

Code of Student Conduct, cont. The regulations set forth the minimum types of content for CSCs, including - 7.1(c): • Student responsibilities – 7.1(c)1 • Behaviors resulting in suspension or expulsion – 7.1(c)2 • Student’s rights (7.1(c)3), including due process & appeal procedures – 7.1(c)3v

Code of Student Conduct, cont. • The regulations require the CSC to have a: • Description of comprehensive behavioral supportspromoting positive development & student’s abilities to fulfill the behavioral expectations – 7.1(c)4 • Description of school responses to violations that are graded by severity of offenses & consider developmental ages & histories of inappropriate behavior – 7.1(c)5 - Continuum of actions for remediation and, where necessary, impose sanctions – 7.1(c)5i

Code of Student Conduct, cont. • The regulations (7.1(c)6) require the CSC to be consistent with the BOE’s policies & procedures on: • Attendance (N.J.A.C. 6A:16-7.6) & • Harassment, intimidation & bullying (N.J.A.C. 76A:16-7.7). • School districts must maintain a current list of health & social service agencies & legal resources – 7.1(c)7

Code of Student Conduct, cont. • When designed to maintain the order & integrity of the school environment, a BOE may deny, as sanctions, participation in (7.1(d)): • Extracurricular activities, • School functions, • Graduation exercises, or • Other privileges.

Short-term SuspensionsN.J.A.C. 6A:16-7.2 DEFINITION Removal of a student for one but not more than 10 consecutive school days from the general education program or the special education program, in accordance with N.J.A.C. 6A:14-2.8, but not the cessation of the student’s educational services. (6A:16-1.3)

Short-term SuspensionsN.J.A.C. 6A:16-7.2 • Includes regulations for: • Notification of charges to student (oral or written) (7.2(a)1) • When denied, an explanation of evidence is to be provided • Informal hearingprior to suspension – 7.2(a)2 • Student opportunity to give his or her version • Notice of school actions taken • Hearing & notice may take place at the same time – 7.2(a)2iv

Short-term Suspensions, cont. Includes regulations for: • Notification (oral or written) to parents prior to end of school day, to include (7.2(a)3)): • Specific charges; • Facts on which charges are based; • Provisions of CSC accused of violating; • Student’s due process rights; and • Terms & conditions of the suspension.

Short-term Suspensions, cont. Includes regulations for: • Supervision of the student during the school day – 7.2(a)4 • Provision of academic instruction either in school or out of school • Provided within five school days of the suspension – 7.2(a)5 • Report to CSA and BOE – 7.2(b) • Student returned to program at completion of suspension – 7.2(a)5ii

Long-term SuspensionsN.J.A.C. 6A:16-7.3 DEFINITION Removal of a student for more than 10 consecutive school days from the general education program or the special education program, when the appropriate procedures set forth in N.J.A.C. 6A:14-2.8 have been followed, but notthe cessation of the student’s educational services. (6A:16-1.3)

Long-term SuspensionsN.J.A.C. 6A:16-7.3 • Includes requirements for: • Notification of charges to student prior to removal (7.3(a)1) • Informal hearing prior to suspension – 7.3(a)2 • Student opportunity to give his or her version • Notice of the actions taken • Supervision of the student during school day – 7.3(a)4

Long-term Suspensions, cont. • Parent notification – 7.3(a)3 & 5 • Immediate notificationof the removal; and • Written notification within two school days, stating: • Specific charges • Facts on which charges based • Student’s due process rights • Further engagement in conduct warranting expulsion amounts to a waiver of free public education right if the BOE decides to expel the student

Long-term Suspensions, cont. • Includes requirements for: • Provision of a list of witnesses & their statements or affidavits – 7.3(a)6 • No later than five days before formal hearing • Information on the right to secure an attorney & available legal resources – 7.3(a)8 & 7.1(c)8 • Provision of comparable educational services within five school days of the suspension – 7.3(a)9 & (f)

Long-term Suspensions, cont. • Includes requirements for: • Formal hearing – 7.3(a)10 • Occurs no later than 30 days following suspension • Student may confront & cross-examine witnesses if question of fact • Present own defense & produce oral testimony or written affidavits • Result in a BOE decision • Parent notification of the BOE’s decision – 7.3(a)11

Long-term Suspensions, cont. • Includes requirements for: • Written parent notification of the BOE’s decisionwithin five days of the close of the hearing to include (7.3(a)11): • Charges considered; • Summary of all evidence; • Factual findings on each charge; • BOE determination of each charge; • The educational services to be provided; • Terms & conditions of the suspension; • Right to appeal to Commissioner of Education.

Long-term Suspensions, cont. • Includes requirements for: • The return of a student – 7.3(a)12 & 13 • If it is found the student did not commit the offense; and • At the completion of a suspension. • Appeals – 7.3(b)

Long-term Suspensions, cont. • Includes requirements for: • The continuation of suspensions & educational services – 7.3(c), (d) & (e) • Criteria for determining appropriate educational programs & support services – 7.3(f)

ExpulsionsN.J.A.C. 6A:16-7.5 DEFINITION The discontinuance of educational services or the discontinuance of payment of educational services for a student. (6A:16-1.3)

ExpulsionsN.J.A.C. 6A:16-7.5 • BOE may expel after providing the following: • All due process rights (7.5(a)1)subsequent to a long-term suspension, per 7.3 (and prior fulfillment of 7.1(c)3), which include:

Expulsions, cont. • Notification to parents that further engagement in conduct warranting expulsion may amount to a knowing & voluntary waiver of the right to a free public education – 7.3(a)5iv; and • Provision of appropriate educational programs or services, per 7.3(a)9, 7.3(f) & 7.4(a)2 • Appeals [7.5(b)]

Conduct Away From School GroundsN.J.A.C. 6A:16-7.5 • May impose consequences for conduct away from school grounds that are consistent with the BOE’s CSC (7.1) – 7.5(a) & (a)3 • Exercised only: • When it is reasonably necessary for the student’s physical or emotional safety, security & well-being or for reasons relating to the safety, security & well-being of other students, staff or school grounds – 7.5(a)1; and • When the conduct that is the subject of the proposed consequence materially & substantially interferes with the requirements of appropriate discipline in the operation of the school – 7.5(a)2

Conduct Away From School Grounds, cont. • However, school authorities must respond to harassment, intimidation or bullying that occurs off school grounds – 7.5(b)

AttendanceN.J.A.C. 6A:16-7.6 • Requires adoption of policies & procedures to include: • Expectations & consequences regarding students’ timely arrival to & attendance at school & classes – 7.6(a)1 & 2 • A definition of unexcused absence that counts toward truancy – 7.6(a)3

Attendance, cont. • Required school staff responses for unexcused absences: • For up to 4 cumulative absences – 7.6(a)4i • For between 5 & 9 cumulative absences – 7.6(a)4ii • Cumulative absences of 10 or more, at which time the student (ages 6-16) is truant –7.6 (a)4iii

Attendance, cont. For up to 4 cumulative absences, the school district must (7.6(a)4i): • Attempt to notify parents of each absence before the start of the following school day; • Attempt to determine the cause of each absence, including through contact with parents; • Identify, in consultation with parents, needed action; • Act on potential missing or abused child situations; and • Cooperate with law enforcement & other authorities, as appropriate.

Attendance, cont. For between 5 & 9 cumulative absences, the school district must (7.6(a)4ii): • Attempt to notify parents of each absence before the start of the following school day; • Attempt to determine the cause of each absence, including through contact with parents; • Evaluate the appropriateness of action taken; • Develop an action plan; and • Cooperate with law enforcement & other authorities, as appropriate.

Attendance, cont. For cumulative absences of 10 or more, at which time the student (ages 6-16) is truant, the school district must (7.6 (a)4iii): • Make a determination of the need for a court referral; • Continue to consult with the parent & involved agencies; • Proceed in accordance with N.J.S.A. 18A:38-28 through 31, Article 3B, Compelling Attendance at School, and other applicable statutes; and (continued)

Attendance, cont. • A court referral may be made as follows (7.6(a)4iv): 1) When unexcused absences are determined to be violations of the compulsory education law & BOE’s attendance policies, the parent may be referred to municipal court. • A written report of the school’s actions regarding the student’s attendance must be forwarded to the municipal court.

Attendance, cont. 2) When there is evidence of a juvenile-family crisis, pursuant to N.J.S.A. 2A:4A-22.g, the student may be referred to Superior Court, Chancery Division, Family Part. • A written report of the school’s regarding the student’s attendance must be forwarded to the juvenile-family crisis intervention unit.

Attendance, cont. • Procedures for receiving & sending schools – 7.8(c) • Receiving school acts on up to 4 cumulative absences • Receiving school reports 5 or more cumulative absences to sending school, which acts in accordance with its BOE’s policies & procedures

Harassment, Intimidation & Bullying (HIB)N.J.A.C. 6A:16-7.7 • Develop, adopt & implement a policy prohibiting HIB on school grounds – 7.7(a) • Develop policy in consultation with parents & other community members, students & school staff – 7.7(a)1 • BOE has local control over content of policy, which must address the components in N.J.S.A. 18A:37-15 & N.J.A.C. 6A:16-7.7(a)2 • Emphasis on expected behaviors, remedial actions for actors & support for victims. • Model Policy & Guidance: http://www.state.nj.us/njded/parents/bully.htm

HIB, cont. • Minimum components of policy – 7.7(a)2: • Statement prohibiting HIB • Definition of HIB • Description of expected behavior • Remedialactions for student or staff offenders • Consequencesfor student or staff offenders

HIB, cont. • Minimum components of policy, cont.: • Reporting procedure, including anonymous reports • Procedure for prompt investigation of violation & complaint reports • Range of responses to incidents, which must include support for victims & corrective actions for related systemic problems

HIB, cont. • Minimum components of policy, cont.: • Statement prohibiting reprisal, retaliationor false accusation against a victim, witness, HIB reporter or one with information about an HIB act • Consequences & remedial action for reprisal or retaliation • Consequences & remedial action for false accusation as a means of retaliation or HIB

HIB, cont. • Minimum components of policy, cont.: • How the policy is to be publicized • A link to HIB policy posted on the homepage of district’s and each school’s website • Annual distribution of HIB policy to staff, students & parents • Web posting of information on district anti-bullying coordinator and school anti-bullying specialist • Prohibition against reprisal, retaliation or false accusations – 7.8(b) • Mandated reports & immunity – 7.8(c)

HIB, cont. • Appropriate responses to HIB that occurs off school grounds when school made aware of the actions or a school administrator should have known • BOE’s may adopt HIB policies with more stringent components • Immunity granted for school personnel who comply with HIB reporting requirements • Possible disciplinary action for an administrator who fails to initiate or conduct an investigation or take sufficient action

HIB, cont. • Annually review the training needs of district staff & volunteers & implement training programs to full- & part-time staff & volunteers consistent with the review – 7.7(d)1 • Information on the HIB policy incorporated into the district’s employee training program –7.7(d)1i • Annually discuss the IHB policy with students – 7.7(d)2 • Annually review the HIB policy& make necessary revisions – 7.7(d)3

Student Conduct: Discipline or Development?