SAFE SCHOOLS POLICIES
www.sjsd.org
San Juan School District is committed to maintaining safe environments for all students and staff. In today's world, schools must enforce safe schools' policies diligently. We encourage parents and students to be familiar with these expectations in order to avoid situations that warrant unpleasant or serious consequences. If you have questions, please contact your local school administrator or district administration.
Superintendent Douglas E. Wright—678 1211 Anthony Done, Special Education Director—678 1222 Clayton Holt, Business Administrator—678 1234 Lynnette Johnson, Student Services Director—678 1227 Kit Mantz, Human Resources Director—678 1270 Ron Nielson, Elementary Supervisor—678 1213 Chas DeWitt, Secondary Supervisor—678 1288
SCHOOL INFORMATION
A. R. L. Middle School Monticello, Utah 84535 Principal Kim Bailey PH: (435) 587-2465 or 587-2150 [email protected] PH: (435) 678-1130 FX: (435) Bill Sivert, Assistant Principal 678-1150 [email protected] Monument Valley High Mary Ann Pugh, Counselor Principal Patricia A. Seltzer [email protected] [email protected] 535 North 100 East Connie Williams, Assistant Principal Blanding, Utah 84511 [email protected] PH: (435) 678-1398 FX:(435) 678-1399 Janae Herrera, Counselor Blanding Elem School [email protected] Principal Mark Burge P. O. Box 360008 [email protected] Monument Valley, Utah 84536 Shelby Eldredge, Counselor PH: (435) 727-3204 PH: (435) [email protected] 678-1208 302 South 100 West FX: (435) 678-1258 Blanding, Utah 84511 Navajo Mountain High PH: (435) 678-1872 FX: (435) Principal Orlo Knight 678-1877 [email protected] Bluff Elementary School Janae Herrera, Counselor Principal Barbara Silversmith [email protected] [email protected] P. O. Box 10040 P. O. Box 130 Tonalea, AZ 86044 Bluff, Utah 84512 (435) PH: (520) 672-2400 PH: (435) 672-2233 678-1287 PH: (435) 678-1296 FX: (435) FX: (435) 678-1289 678-1297 San Juan High La Sal Elem Principal Bob Peterson Shelly S. Thayne, Head Teacher [email protected] [email protected] Trevor Olsen, Assistant Principal P. O. Box 367 [email protected] La Sal, Utah 84530 Kari Pugh, Counselor PH: (435) 678-1292 FX: (435) [email protected] 678-1293 311 North 100 East Montezuma Creek Elem Blanding, Utah 84511 Principal Boyd Silversmith PH: (435) 678-1301 FX: (435) 678-1396 [email protected] Tse’biinidzisgai Elem P. O. Box 630 Principal Sheryl Soderstrom Montezuma Creek, Utah 84534 [email protected] PH: (435) 651-3425 PH: (435) 678-1261 Sharon Cly-Stryker, Counselor FX: (435) 678-1850 P. O. Box 360448 Monticello Elem Shipping US HWY #163 Medical Drive Principal Julie Holt Monument Valley, UT 84536 [email protected] PH: (435) 678-1286 P. O. Box 189 FX: (435) 678-1244 Monticello, Utah 84535 Whitehorse High PH: (435) 587-2241 PH: (435) 678-1180 Principal John Fahey FX: (435) 678-1179 [email protected] Monticello High Kim Schaefer, Assistant Principal Principal Scott Shakespeare [email protected] [email protected] P. O. Box 660 Lewis Whitaker, Assistant Principal Montezuma Creek, Utah 84534 [email protected] PH: (435) 651-3427 PH: (435) 678-1209 Jeff Hunt, Counselor FX: (435) 678-1252 [email protected] P. O. Box 69
TABLE OF CONTENTS
Attendance ………………………………………………………………………………….………....1
Absences and Excuses …………………………………………………………………………….5
Disciplinary Action – Truancy …………………………………………………………………6
Interrogations and Searches …………………………………………………………...………8
Student Complaints ………………………………………………………………………...………9
Safe Schools Policy …………………………………………………………………………….....11
Safe Schools Policy: Specifics and Procedures ………………………………….…….14
Suspension/ Expulsion of Students with Disabilities …………….………….…….24
Removal/ Suspension/ Expulsion Procedures ……………………………………….31
Detention of Elementary Students ………………………………………………………...35
Defacing or Injury of School Property ……………………………………………………36
Hazing ………………………………………………………………………………….…………...…37
Non-Discrimination and Anti-Harassment ………………………………………..…...41
Interfering Devices ………..………………………………………………………………...... 48
Alcohol/ Drugs/ Tobacco ………………………………………………………………...... 51
Attendance
SJSD Policy # COMPULSORY ATTENDANCE Resident students, who are at least six years of age and not more than 18 years of age, 6140.1 shall attend school or have an excused absence for at least 180 days of the regular school year, unless exempted as indicated below. Attendance shall be in District schools or in some other district to which the student may legally be transferred, or in a regularly established private school. Parents or any other person having control of a minor between six and 18 years of age are responsible for sending the minor to school.
EXEMPTIONS Students who meet one or more of the following conditions to the satisfaction of the 6140.2 Board shall be exempt from compulsory attendance requirements and shall be given a certificate, issued by the Board, stating that the minor is excused from attendance during the time specified on the certificate:
1. A student over age 16 may receive a partial release from school to enter employment if the student has completed the eighth grade, or if the minor’s services are required for the support of a parent. Minors receiving this exemption must still attend school part-time as required by the Board.
2. On an annual basis, a minor between six and 18 years of age may receive a full release from attending a public, regularly established private or part-time school or class if one of the following is established to the Board’s satisfaction:
A. The minor has already completed the work required for graduation from high school.
B. The minor is taught at home in the subjects prescribed by the State Board of Education in accordance with the law and for the same length of time as minors are required by law to be taught in the District. A minor receiving a partial release in order to enter employment under item 1 above may be excused from attending required part-time school if the minor is taught the required number of hours at home.
C. The minor is in a physical or mental condition, certified by a competent physician, which renders attendance inexpedient and impracticable.
D. There is no school or class taught for the required length of time within 2.5 miles of the minor’s residence or place of employment, and free transportation is not provided to a school or class located beyond 2.5 miles.
E. Proper influences and adequate opportunities for education are provided in connection with the minor’s employment.
F. The Superintendent determines that the minor, if over age 16, is unable to profit from attendance at school because of inability or a continuing negative attitude toward school regulations and discipline.
CONTRACTS FOR EDUCATION OUTSIDE DISTRICT The District may contract with one or more other accredited districts to educate 6140.3 students whose grades are not taught in the District.
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DISTRICT STUDENTS ATTENDING IN ANOTHER DISTRICT Children residing in the District may attend school in another District if written 6140.4 notification is received by the District and written permission is given by the other district.
Students permitted to enroll in another district are considered residents of the other district, and attendance data on those students required for school funding shall not be reported by the District.
ATTENDANCE CONSIDERATION WHEN ADJUSTING SCHOOL BOUNDARIES In adjusting school boundaries, the Board will strive to avoid requiring current students 6140.5 to change schools and shall, to the extent reasonably feasible, accommodate parents who wish to avoid having their children attend different schools of the same level because of boundary changes which occur after one or more children in the family begin attending one of the affected schools.
6140.6 ATTENDANCE ASSIGNMENTS
ASSIGNMENTS The Board or its designee shall, as it determines appropriate, assign any student from 6140.6.1 one school facility or classroom within the District to another facility or classroom within the District. Such assignments shall be made upon an individual basis.
REQUESTS The parent or person standing in parental relation to any student may request, by 6140.6.2 petition in writing, the assignment of the student to a designated school or to a school to be designated by the Board or its designee.
In granting requests for specific school assignments, the Board will consider the fact that an applicant’s brother or sister is attending the school.
FACTORS TO BE CONSIDERED In the assignment of students among and within the schools, classrooms, or other 6140.6.3 facilities of the District, the following factors and the effect or result thereof shall be considered:
1. Available room and teaching capacity in the various schools. 2. Availability of transportation facilities. 3. Effect of the admission of new students upon established or proposed academic programs. 4. Suitability of established curricula for the particular student. 5. Adequacy of the student’s academic preparation for admission to a particular school and curriculum. 6. Scholastic aptitude, relative intelligence or ability of the student. 7. Psychological qualification of the student for the type of teaching and associations involved. 8. Effect of the admission of the student upon the academic progress of other students in the particular school or facility thereof. 9. Effect of the admission of the student upon prevailing academic standards at a particular school. 10. Psychological effect upon the student of attendance at a particular school. 11. Possibility of threat or friction or disorder among students or others. 12. Possibility of breaches of the peace or ill will or economic retaliation within the community. 13. Home environment of the student. 14. Maintenance or severance of established social and psychological relationships
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with other students and with teachers. 15. Choice and interest of the student. 16. Morals, conduct, health, and personal standards of the student. 17. Request or consent of parents or guardians and the reasons assigned therefore.
The Board or its designee shall not include as a factor in arriving at any decision regarding assignments any matter relating to the race, sex, color, or national origin of the student.
PROTESTS The parent or person standing in parental relation to any student may protest the 6140.6.4 assignment of a student to a particular school by sending a written petition to the Board.
Upon receiving a petition to request or protest a student’s assignment, the Board or its designee shall proceed as follows:
1. If no hearing is requested, act on the petition within thirty days and notify the petitioner of its conclusion.
2. If a hearing is requested, designate a time and place for holding a hearing within 30 days.
HEARING When the Board or its designee conducts such a hearing it shall follow the procedures 6140.6.5 outlined below:
1. The petitioner may present evidence relevant to the student.
2. The Board or its designee may conduct investigations as to the objection or request, examine the student involved, and employ agents, professional or otherwise, for the purpose of such investigations.
The decision of the Board or its designee shall be final, unless the student, or the parent or person standing in parental relation, files an exception to the action as constituting a denial of any right of the student guaranteed under the U.S. Constitution. If such exception is filed, the Board or its designee shall render its final decision within 15 days.
ATTENDANCE ACCOUNTING 1. School schedules must account for the option for a student to attend a minimum 6140.7 of 990 hours for grades 2—12, 810 hours for 1st grade and 450 hours for Kindergarten of instructional time in 180 school days.
2. Annually, each school must send a copy of their daily schedule verifying their compliance with the number of hours of possible attendance in the designated schedule to the school district office.
3. Each school is responsible to keep a yearly Master Roll showing the attendance history of each student who has enrolled and/or exited the school. This ADM will be reported at the close of the school year in the State Statistical Report (S-3).
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For additional information see Utah Code/ Constitution:
53A-11-101 http://le.utah.gov/~code/TITLE53A/htm/53A11_010100.htm 53A-11-101.5 http://le.utah.gov/~code/TITLE53A/htm/53A11_010105.htm 53A-11-102 http://le.utah.gov/~code/TITLE53A/htm/53A11_010200.htm
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Absences and Excuses
SJSD Policy # ABSENCES Student absences shall be limited. Make-up or remedial work shall be required from 6150.1 students with excessive absences.
EXCUSED ABSENCES Any student not already exempted from the compulsory attendance law may 6150.2 nevertheless be excused for temporary absence resulting from personal sickness, sickness or death in the family, quarantine, weather or road conditions making travel dangerous, or any other unusual cause acceptable to the Superintendent, or to the teacher or Principal of the school in which the student is enrolled.
The reason for an excused absence must be stated in writing and signed by the parent or other person standing in parental relation to the student. The District may investigate any case in which an excused absence is requested.
Grades, Credit, and Diplomas: Academic grades or credit may not be reduced or diplomas withheld because of excused student absence or tardiness.
Make-up Work: Class work missed during an excused absence should be made up. Each teacher will determine what constitutes make-up work and when this is due.
Disclosure Statement: At the beginning of each term or class the teacher shall present to his/her students the requirements to pass the course or class.
UNEXCUSED ABSENCES Any student not already exempted from compulsory attendance law or who has not 6150.3 received an excused absence as outlined in the above paragraphs shall be given an unexcused absence. Assignments and tests missed because of an unexcused absence will not be accepted for credit.
COURT-RELATED ABSENCES Absences caused by required juvenile proceedings and child abuse or neglect 6150.4 investigations shall be excused. The reason for the absence must be stated in writing by the probation officer or case worker.
SUSPENDED STUDENT ABSENCES If a student is suspended, the absence shall be considered an excused absence if the 6150.5 student satisfactorily completes the assignments for the period of suspension within a reasonable time determined by the District. The District may impose a grade adjustment on the work made up by a student who has been suspended.
ABSENCES FOR COURT-RETURNED STUDENTS The absence of a student who returns to school as a result of prosecution under the 6150.6 truancy law or by order of a court may be excused if the student:
1. Returns to school and attends class regularly and to the satisfaction of the District.
2. Satisfactorily completes assignments for the period of absence within a reasonable time determined by the District.
3. Passes an examination at the completion of the class.
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Disciplinary Action - Truancy
SJSD Policy # TEACHER RESPONSIBILITY IN REPORTING Any teacher giving instruction to any child within the compulsory attendance age shall 6160.1 promptly report any unexcused absence to school administration which shall promptly report such to the truant office.
DISCIPLINARY ACTION The Board or its designee shall recommend for disciplinary action a student who has 6160.2 accrued more than five days of unexcused absences during a semester or more than ten days of unexcused absences during a school year. A student shall not be suspended for being truant or tardy.
TRUANCY If any parent or person standing in parental relation to a child who is subject to the 6160.3 compulsory school attendance law and not lawfully exempted or properly excused from attendance willfully fails to require the child to attend school, such case shall be reported in writing by the Board to the appropriate juvenile court.
The Board shall make earnest and persistent efforts to resolve a student’s attendance problems. These efforts shall include the following, as deemed appropriate or feasible by the Board in individual cases:
1. Counseling of the student by school authorities.
2. Enlisting parental support for attendance by the student.
3. Meeting with the student and the parents or guardian.
4. Adjusting the curriculum and schedule if determined necessary to meet special needs of the student.
5. Monitoring of attendance by parents and the school.
6. Enlisting the assistance of community and law enforcement agencies as appropriate.
If, after earnest and persistent efforts are made by the parents or guardian and the school, the truant behavior has not been corrected, the Board shall either refer the matter to the appropriate juvenile court or release the student from school.
CUSTODY If the truant officer or a school administrator takes a child into custody, the officer shall, 6160.4 without unnecessary delay, release the child to one of the following:
1. The Principal of the child’s school.
2. Any person designated by the Board to receive the child and return him home.
3. A designated receiving center of the District.
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If the child refuses to return to school or to go to the receiving center, the officer or administrator shall, without unnecessary delay, notify the child’s parents, guardian or custodian and release the child to their custody. If the parents, guardian, or custodian cannot be reached or are unable or unwilling to accept custody, the child shall be referred to the Division of Family Services.
RECEIVING CENTERS The Board shall establish receiving centers within existing buildings for receiving truant 6160.5 children. The centers shall be staffed with existing teachers or staff appointed by the Principal and shall provide educational guidance and counseling for truant children. Upon receipt of a truant child, the center staff shall without unnecessary delay, notify and direct the child’s parents, guardian, or custodian to come to the center, pick up the child, and return the child to school. If the parents, guardian, or custodian cannot be reached or are unable or unwilling to comply with the request within a reasonable time, the center shall take such steps as are necessary to ensure the safety of the child. If appropriate, the center shall return the child to school or refer him to the Division of Family Services. Action taken shall be reported to the District, which shall then notify the child’s parents or legal guardian of the action taken. At no time shall a child taken into custody for truancy be placed in a detention center or any other secure confinement facility.
For additional information see Utah Code/ Constitution:
53A-11-101 http://le.utah.gov/~code/TITLE53A/htm/53A11_010100.htm
53A-11-101.5 http://le.utah.gov/~code/TITLE53A/htm/53A11_010105.htm
53A-11-103 http://le.utah.gov/~code/TITLE53A/htm/53A11_010300.htm
53A-11-105 http://le.utah.gov/~code/TITLE53A/htm/53A11_010500.htm
53A-11-106 http://le.utah.gov/~code/TITLE53A/htm/53A11_010600.htm
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Interrogations and Searches
SJSD Policy #
SEARCH AND SEIZURE Students shall be free from unreasonable search and seizure by school officials. School 6460.1 officials may search a student or a student’s property with reasonable suspicion, or with the student’s consent.
SEARCHES OF PLACES Students do not have an expectation of privacy or exclusive control of areas such as 6460.2 lockers, which are owned and jointly controlled by San Juan School District. These areas may be searched with or without reasonable suspicion.
SEARCHES OF STUDENTS Searches of students’ outer clothing and pockets may be conducted if reasonable 6460.3 suspicion exists. Highly intrusive invasions of a student’s privacy, such as searches of the student’s person, shall be conducted only if reasonable suspicion exists to believe that the student possesses contraband. These searches should be conducted by an adult of the same sex.
POLICE INVOLVEMENT If law enforcement authorities are involved in the search, the search shall be conducted 6460.4 under criminal law standards rather than under the provisions of this policy.
For additional information see Utah Code/ Constitution:
53A-11-1304 http://le.utah.gov/~code/TITLE53A/htm/53A11_130400.htm
53A-11-1305 http://le.utah.gov/~code/TITLE53A/htm/53A11_130500.htm
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Student Complaints
SJSD Policy # PURPOSE The purpose of this policy is to secure at the first possible level prompt and equitable 6470.1 resolution of student complaints, including those alleging discrimination on the basis of race, religion, color, sex, national origin, or handicap.
PRESENTATIONS AND HEARINGS 6470.2 In most circumstances, students shall be entitled to administrative conferences and informal presentations of the compliant to the Board.
AGGRIEVED STUDENTS A student aggrieved by a violation of a constitutional, statutory, or common law right, or 6470.3 a violation of a rule adopted by the State Board of Education or a policy adopted by the Board shall be afforded a hearing before the Board in accordance with applicable law. However, this provision shall not be construed to create an independent right to a hearing before the Board in addition to hearings required by law.
NOTICE The aggrieved student shall make a written request for a hearing, identifying specifically 6470.4 the claimed violation and the relief requested. The written request shall be deemed filed upon receipt by the Superintendent’s office, and unless a shorter time period has been adopted by local policy, the request shall be filed with the Superintendent’s office not more than 30 days after the claimed violation.
HEARING The Board shall conduct a hearing for aggrieved parties within 30 days of receipt of a 6470.5 written request for a Board hearing unless the hearing is postponed by mutual consent. The Board shall notify the aggrieved student in writing of the time and place of the hearing. The Board shall notify the aggrieved student of its decision in writing within 15 days after the hearing.
EXCLUSIONS Student complaints regarding instructional materials, removal to alternative education 6470.6 programs, expulsion, special education appeals, or prior review of non-school materials intended for distribution to students are covered by separate procedures.
REPRESENTATION 6470.7 The student may be represented by an adult at any level of the complaint. If the complaint involves a problem with a teacher, the student shall in most circumstances be expected to discuss the matter with the teacher before requesting a conference with the principal at Level One.
LEVEL ONE A student who has a complaint shall request a conference with the Principal within ten 6470.8 calendar days of the time the student knew, or should have known, of the event or series of events causing the complaint. The Principal shall schedule and hold a conference with the student within five days. 9
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LEVEL TWO 6470.9 If the outcome of the conference with the principal is not to the student’s satisfaction, the student has ten calendar days to request a conference with the Superintendent of designee who shall schedule and hold a conference. Prior to or at the conference, the student shall submit a written complaint that includes:
A statement of complaint and any evidence in its support, The solution sought, The student’s signature, and The date of the conference with the principal
LEVEL THREE 6470.10 If the outcome of the conference with the Superintendent or designee is not to the student’s satisfaction, the student may present the complaint to the Board at the next regular meeting.
The Board shall designate a portion of its regular monthly meeting to hear student complaints. The Board President may set reasonable time limits on complaint presentation. The Board shall listen to the complaint, but is not required to respond or take action on the matter unless the complaint is from an aggrieved party.
EXECUTIVE SESSION 6470.11 If the complaint involves complaints or charges about an employee, it shall be heard by the Board in executive session unless the employee complained about requests it to be public.
Student Complaint Procedure
• Student must request conference with Principal within 10 days of event Level One: • Principal must hold student conference within 5 days of request Principal
• If student disagrees with outcome of Level One, student has 10 days to request conference with Superintendent Level Two: Superintendent • Student must submit written complaint at or before conference
• If student disagrees with outcome of Level Two, student may Level Three: present their complaint at the next School Board meeting School Board
For additional information see Utah Code/ Constitution:
53A-11-1211 http://le.utah.gov/~code/TITLE53A/htm/53A11_121200.htm 53A-11-1212 http://le.utah.gov/~code/TITLE53A/htm/53A11_121200.htm 10
Safe Schools Policy
SJSD Policy # GENERAL AUTHORITY AND RESPONSIBILITY FOR A SAFE LEARNING ENVIRONMENT If a particular type of conduct has the effect of disrupting the learning environment, it 6510.1 should be subject to regulation. The Board possesses discretion in promulgating regulations for the proper conduct of students. It is the intent of the Board to provide every student in the District with the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. This policy is based on the principle that every student is expected to follow rules of conduct and to obey persons in authority at the school. Students should be aware that certain behavior outlined herein and in other policies of the District is unacceptable and will result in disciplinary action. The Superintendent and his/her designees will enforce District policies with the aim to help students and their parents or guardians understand that unacceptable behavior will be dealt with in accordance with the Board’s discipline policies.
STUDENT CONDUCT All students are entitled to enjoy the basic rights of citizenship recognized and protected 6510.2 by law for persons of their age and maturity. District schools shall foster a climate of mutual respect for the rights of others in order to enhance the District’s educational purpose and the program designed to achieve that purpose. Students shall exercise their rights responsibly in compliance with the rules established for the orderly conduct of the District’s educational mission. Students who violate the rights of others or who violate District or school rules shall be subject to disciplinary measures designed to correct the misconduct and promote adherence by all students to the responsibilities of citizens in the school community.
RESPONSIBILITY TO DISCIPLINE The law charges every teacher and principal with maintaining order and discipline 6510.3 among students and provides that students who do not comply with reasonable rules may be recommended for disciplinary action. Actions taken to control and correct undesirable student behavior should take individual circumstances into account. Concern for the safety and educational welfare of all students must be the major priority. It is the principal’s responsibility to take actions as necessary to protect students and school personnel from dangerous or socially detrimental actions of students. Any pupil who poses a continuing danger to persons or property may be removed from the school immediately. Violation of the rules listed below, or the commission of any act defined below as dangerous or anti-social student behavior, may result in a student being suspended, recommended for expulsion, or other disciplinary action when occurring:
1. At any time on school grounds, whether or not school is in session, at the student’s assigned school. 2. At any time on school grounds other than the student’s assigned school, whether or not school is in session, or upon District-controlled properties. 3. Off school grounds at a school activity, function, event, or on the way to and from school or a school activity, function, or event. 4. Off school grounds but within sufficient proximity to school district property that the conduct may have a direct impact on a school campus, a school sponsored
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activity, a function or event, or upon the health, welfare and safety of students or school employees. 5. Off school grounds by a student who is truant and whose conduct may impact a school campus, a school sponsored activity, a function or event, or the health, welfare and safety of students or school employees. 6. At any time on or off the school grounds when the conduct has a direct impact on the health, welfare and safety of students or school employees. EMERGENCY REMOVAL Students may be removed from classes, schools or District premises for non-disciplinary 6510.4 health, safety, and welfare reasons when the Board or its designee determines that an emergency exists. Any student removed from school or District premises for any “emergency” reason who is in a condition that threatens his or her own welfare or the welfare of others shall be released to the student’s parent or guardian, the parent’s or guardian’s representative, or other proper authority, including, but not limited to, law enforcement officers and medical personnel. The district shall make reasonable efforts to notify the parent or guardian prior to removing a student from school premises for emergency reasons. If the parent cannot be notified prior to the removal, the parent shall be notified as soon as possible after the removal and the reasons for it. Students with Disabilities: Removal of a student with a disability for any of these reasons shall be used only in emergency situations and shall not exceed ten school days. Consecutive ten-day removals are prohibited, unless the student’s IEP team determines that the student poses an immediate threat to the safety of himself or others, or disrupts the safety of the learning environment. If the parents appeal the IEP team’s decision and refuse to permit a change in placement, the District may seek a court injunction to remove a dangerous student with a disability for more than ten consecutive days.
TEACHER’S AUTHORITY A teacher has the responsibility to maintain discipline in his/her classroom by employing 6510.5 sound classroom and behavior management techniques. Teachers have the obligation to post classroom rules and teach students those expectations. A teacher, who has made consistent and reasonable effort to help students comply, may refer a student to the principal’s office for discipline if a student refuses to adhere to those standards or in the case of extreme behavior. Documentation of the behavior and previous interventions by the teacher should be provided to assist the efforts to correct the behavior. The Principal shall respond by employing appropriate discipline management techniques. Detailed procedures should be outlined in the Discipline Policy/Disclosure Statement given to students each year.
6510.6 CORPORAL PUNISHMENT Corporal Punishment: the intentional infliction of physical pain upon the body of a student as a disciplinary measure.
A school employee may not inflict or cause the infliction of corporal punishment upon a student who is receiving services from the school. Any rule, policy, practice, or directive which purports to direct or permit corporal punishment is void and unenforceable. An employee may not be subjected to any sanction for failure or refusal to commit an act prohibited under this part. SJSD Policy 6350 regarding Child Abuse Reporting and Investigation shall apply to complaints made to the District regarding improper use of corporal punishment.
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APPROPRIATE CONDUCT This policy does not prohibit the use of reasonable and necessary physical restraint or 6510.7 force in self-defense or otherwise appropriate to the circumstances to:
1. Obtain possession of a weapon or other dangerous object in the possession or under the control of a child;
2. Protect the child or another person from physical injury; 3. Remove from a situation a child who is violent or disruptive; or
4. Protect property from being damaged.
DISCIPLINARY RECORDS 6510.8 Disciplinary records shall be made available to parents or the student, whichever is appropriate, pursuant to the District’s student records policy.
NOTICE OF RULES A copy of the rules and procedures shall be made available to all students at the time of 6510.9 their enrollment in the school. If a school makes a significant change to its discipline rules and procedures, written notice of the adopted and revised discipline rules and procedures shall be distributed to all new and continuing students. In the case of all new, continuing or transfer students, a copy of the rules and procedures shall be provided to the student’s parents or legal guardian.
SCHOOL BOARD REVIEW OF SCHOOL DISCIPLINE RULES Each school shall file a copy of its school discipline rules and procedures with the Board 6510.10 within thirty (30) days after adoption of the rules and procedures. The Board shall review the rules and procedures filed by each school and may require the school to modify any rule or procedure that is not consistent with Board policy or state statute on discipline in the public schools.
For additional information see Utah Code/ Constitution:
53A-1-402 http://le.utah.gov/~code/TITLE53A/htm/53A01_040200.htm 53A-11-801 http://le.utah.gov/~code/TITLE53A/htm/53A11_080100.htm 53A-11-802 http://le.utah.gov/~code/TITLE53A/htm/53A11_080200.htm 53A-11-901 http://le.utah.gov/~code/TITLE53A/htm/53A11_090100.htm 53A-11-902 http://le.utah.gov/~code/TITLE53A/htm/53A11_090200.htm 53A-11-903 http://le.utah.gov/~code/TITLE53A/htm/53A11_090300.htm Utah Admin Rule 277-609-3 http://www.rules.utah.gov/publicat/code/r277/r277-609.htm#T3 Utah Admin Rule 277-608 http://www.rules.utah.gov/publicat/code/r277/r277-608.htm Tinker v Des Moines http://supreme.justia.com/cases/federal/us/393/503/case.html/
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Safe Schools Policy: Specifics and Procedures SJSD Policy # DEFINITIONS The following definitions shall apply under this policy. 6520.1 1. Suspension: removal of a student from the student's regular classroom assignment for a definite period of time. 2. In-school suspension: temporary reassignment, for a specific period of time, to a designated suspension classroom within the school. 3. Short-term suspension: exclusion of the student from the school, school grounds, and school activities and functions for a specific period of time that is equal to or less than 10 school days. 4. Long-term suspension: exclusion of the student from the school, school grounds, and school activities and functions for a specific period of time that is greater than 10 school days. 5. Expulsion: termination of the student's status as a student enrolled in the school. Expulsion may be for an indefinite or fixed period of time. 6. Involuntary transfer: reassignment of a student from one school, campus, or academic program, to a different school, campus, or academic program within the District. Involuntary transfer may be for an indefinite period of time or for a fixed period of time. 7. School district location: in any school building or on any school premises; on any school-owned vehicle or in any other school approved vehicle used to transport students to and from school or school activities; off school property at any school- sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district. 8. Disruptive behavior: conduct which unreasonably interferes with the educational process or instruction of students in the classroom or elsewhere, including foul, profane, vulgar or abusive language.
9. Bullying: behavior that is intended to cause harm or distress; exists in a relationship in which there is an imbalance of power; and may be repeated over time. (district policy 6560) 10. Weapon: takes the definition of "dangerous weapon," which includes any weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. It does not include a pocketknife with a blade of less than 2 ½ inches in length unless the knife is used to intimidate, threaten, or to cause bodily harm. "Weapon" includes any firearm, which means a pistol, revolver, shotgun, sawed-off shotgun, rifle or sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive or other propellant. 11. Unlawful conduct: any conduct by a student which violates any local, state, or federal law or regulation, or violates any District or school policy, or violates the legal rights of another person, and includes, but is not limited to, the following: a. Harassment: harassment occurs when a student, with intent to frighten or harass another, communicates in writing a written or recorded threat to commit any violent felony. b. Sexual Harassment: unwelcome sexual advances, requests for sexual favors, other physical or verbal conduct or communications of a sexual nature, and any other gender-based harassment, when: 1) Submission to or rejection of the conduct affects the student's academic performance, participation in school sponsored activities, or any other aspect of the student's education; or 14
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2) The conduct has the purpose or effect of unreasonably interfering with a student's academic performance or participation in school- sponsored activities, or creating an intimidating, hostile or offensive education environment. (district policy 6430, 4111) c. Burglary: entering or remaining in a building or any portion of a building with the intent to commit an additional crime. d. Theft: obtaining or exercising unauthorized control over the property of another with the purpose to deprive him or her thereof. e. Criminal mischief: intentionally damaging, defacing, or destroying the property of another; or recklessly or willfully shooting or propelling a missile or other object at or against a motor vehicle, bus, airplane, locomotive, train, railway car, or caboose, whether moving or standing. f. Assault: an attempt, with unlawful force or violence, to do bodily injury to another; a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another. g. Gang (Activity or Occupation): any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. 12. Hazing: includes any intentional knowing, or reckless act directed against a student, by one person alone or acting with others, that endangers the mental or physical health or the safety of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. (district policy 6560) 13. Making a false alarm: a student makes a false alarm if he or she initiates or circulates a report or warning of any fire, impending bombing, or other crime or catastrophe, knowing that the report or warning is false or baseless and is likely to cause the evacuation of any building or public transport; improper activation of school alarms or safety systems. 14. Dangerous Materials: a weapon, firearm, sawed-off shotgun, explosive, flammable material or other material dangerous to persons or property.
No student or other person shall possess dangerous materials in a District elementary or secondary school, on the grounds of a school, or in those parts of a building, park, or stadium or other structure or grounds which are being used for an activity sponsored by or through the District or school or within 1,000 feet of any such school, building, park, stadium or other structure or grounds used for a school or District activity. This provision does not apply to on duty law enforcement personnel.
Possession of a dangerous weapon, firearm, or sawed-off shotgun shall not violate the above provision if possession is approved in writing by the responsible school administrator or if the item or material is present or to be used in connection with a lawful activity approved in writing by the responsible school administrator before the material in question is brought on school premises.
15. Disrupting the operation of a school: occurs when a person, after being asked to leave by a school official, remains on school property for the purpose of encouraging or creating an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of the school.
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16. Terroristic Threats: A student commits a terroristic threat if the student threatens to commit any offense involving bodily injury, death, or substantial property damage, and:
a. Threatens to use a weapon of mass destruction; or
b. The student acts with intent to: 1) Cause action of any nature by an official or volunteer agency organized to deal with emergencies. 2) Place a person in fear of imminent serious bodily injury or c. Prevent or interrupt the occupation of a building or a portion of a building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier.
PUBLICATION OF SAFE SCHOOLS POLICY A copy of this policy shall be given to each student in school upon enrollment in the school. 6520.2 Each student transferring to a school in the district who was not attending a school in the district just prior to the transfer shall receive a copy of this policy. When a copy of this policy is provided to a student, a copy shall also be provided to the student's parent or guardian. A copy of this policy shall be posted in a prominent place in each school in the district. Any significant change in this policy shall be posted in each school in the district, and a copy of the revised policy shall be distributed to the students in each school. CONDUCT WARRANTING DISCIPLINE A student may be disciplined for the conduct described below. The type of the discipline 6520.3 imposed will depend on the nature of the particular conduct. Conduct Which May Warrant, but Does Not Require Suspension or Expulsion: A student may be disciplined for any of the following prohibited conduct when it occurs in 6520.3.1 a school building, or on or in proximity to school property; in conjunction with any school sponsored activity; in or on a school vehicle; is directed at or against another student or a district employee; or when it threatens harm or does harm to the school, school property, a person associated with the school, or property of a person associated with the school: 1. Any unlawful conduct, as defined in section 6520.1. 2. Frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language. 3. Willful destruction, defacing, or damaging of school property. 4. 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. 5. Possession or use of pornographic material on school property. 6. Bullying. (district policy 6560) 7. Any use of an electronic communication device or camera to record sounds or images or otherwise capture material in an unauthorized setting or at an unauthorized time shall subject the user of the device to increased discipline based on the circumstances and whether the student has been involved in prior violations of this policy. Certain uses of electronic communication devices or camera require suspension. (district policy 6568) 8. Selling, giving, delivering, transferring, possessing, controlling, or distributing tobacco products on or in proximity to school property or at or in proximity to any school sponsored event. Students shall not smoke or use tobacco products on school property or at any school-related or school-sanctioned activity on or off school property. (district policy 6570.3.5) 9. Engaging in, assisting, permitting, or otherwise being involved in hazing, as provided by the District's policy prohibiting hazing. (district policy 6560) 10. Engaging in conduct that contains the elements of the offense of arson or
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aggravated arson under the Utah Criminal Code. 11. Engaging in conduct that contains the elements of any felony. 12. Engaging in behavior which constitutes Sexual Harassment. (district policy 6430, 4111) 13. Engaging in gang related activity which may include but is not limited to:
a. Wearing, possessing, using or distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol, sign or other things which evidence membership in a gang. b. Use of a name associated with or attributable to a gang; c. Designating "turf' or an area for gang activity or occupation.
Conduct Which Requires Suspension or Expulsion 6520.3.2 A student shall be suspended or expelled from school for participation in any serious violation affecting another student or a staff member, or any serious violation when it occurs in a school building, in or on school property; or in conjunction with any school sponsored activity including:
1. Selling, giving, delivering, transferring, possessing, controlling, or distributing an alcoholic beverage on or in proximity to school property or at or in proximity to any school sponsored event. (district policy 6570.3.2) 2. Being under the influence of an alcoholic beverage or controlled substance on or in proximity to school property or at or in proximity to any school sponsored event. (district policy 6570)
3. The sale, control, delivery, transfer or distribution of a drug or controlled substance, an imitation controlled substance, or drug paraphernalia. (district policy 6570) 4. 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.
5. The use of any interfering device or any electronic communication device or camera to threaten, intimidate or embarrass another or to capture and transmit test information or any other information in a manner constituting fraud, theft or academic dishonesty will result in an immediate suspension of not less than three (3) days nor more than ten (10) days. (district policy 6568) 6. The use of any interfering device in a manner which may be physically harmful to another person, such as shining a laser in the eyes of another student, will result in an immediate suspension of not less than three (3) days nor more than ten (10) days. When a student repeatedly engages in such behavior, the punishment may be increased as is appropriate. (district policy
6568)
Conduct Which Requires a One (1) Year Expulsion A student shall be expelled from school for not less than one year, subject to the 45-day 6520.3.3 review process for mandatory year expulsions set forth below, if the student participates in any serious violation affecting another student or a staff member, or any serious violation when it occurs in a school building, in or on school property; or in conjunction with any school sponsored activity including one of the following violations:
1. Possession, control or actual or threatened use of a real weapon, explosive, or flammable device or material; 2. The actual or threatened use of a look-alike or pretend weapon with intent to intimidate another person or to disrupt normal school activities.
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Discipline Rules for Students with Disabilities Federal and state laws impose particular requirements regarding discipline of students 6520.3.4 identified as having a disability. Discipline of such students must comply with the requirements set forth in district policy 6530. Remedial Measures and Disciplinary Sanctions Following a determination that a student has committed a violation, the student may be 6520.4 subject to one of the following remedial measures or disciplinary sanctions, as is determined to be appropriate for the violation or as is required by the terms of this policy or other District policies. Remedial Measures 1. Continued school attendance subject to the terms of a remedial discipline plan 6520.4.1 prepared to correct the violation. This remedial measure is available only where the violation is for willful disobedience, defiance of authority, or disruptive behavior when such conduct is not of such a violent or extreme nature that immediate removal from school is required. 2. Continued school and class attendance accompanied by the student's parent or guardian for a designated period of time. This remedial measure is available only with the consent of the student’s teacher or teachers and the agreement of the student's parent or guardian. The parent or guardian must agree to attend all of the student's classes for each day of the suspension. If the parent or guardian fails to attend class with the student, the student shall then be subject to suspension or other discipline in accordance with this policy. 3. In-school suspension. Students shall be instructed in the essential elements of the courses in which they are enrolled at the time of removal while attending a designated in-school suspension program. 4. Home-based instruction. Instruction at home, provided that combined days of suspension and assignment to home-based instruction shall not exceed ten (10) school days in a semester. 5. Voluntary transfer. Voluntary transfer to another school, campus, community-based alternative school or other special program within the district, subject to the admission criteria of such alternative programs. 6. Withholding grade reports, diplomas and transcripts. If the district determines that school or district property has been lost or willfully cut, defaced or otherwise injured by a student, the district may withhold the issuance of official written grade reports, diplomas and transcripts of the student responsible for the damage or loss until the student or student's parent or guardian has paid for the damages.
a. If the student and the student's parent or guardian are unable to pay for the damages or if it is determined by the school in consultation with the student's parents or guardian that the student's interests would not be served if the parents or guardian were to pay for the damages, then the district shall provide a program of voluntary work for the student in lieu of the payment. In that case, the district shall release the official grades, diploma and transcripts of the student upon completion of the voluntary work. b. If the Department of Human Services or a licensed child placing agency has been granted custody of the student, that student's records, if requested by the Department or agency, may not be withheld from the Department or agency for non-payment of damages under this section.
c. No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear.
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Disciplinary Sanctions 6520.4.2 1. Detention. Students in grades K through six may be detained in school after regular school hours in the event the responsible school administrator determines that such action is justified in disciplining the student. No student may be detained after regular school hours until his or her parent or guardian has received prior notice of the detention to take place on a particular school day. The notice provided for under this policy need not be completed prior to detention of the student if detention is necessary for the student's health or safety. 2. Suspension. 3. Involuntary transfer: Involuntary transfer to another school, campus, community- based alternative school or other special program within the District. 4. Expulsion. Authority to Impose Discipline The Board of Education hereby delegates to each school principal within the District the 6520.5 authority to suspend a student in the principal’s school for up to ten (10) school days, in accordance with this policy. The Board of Education hereby delegates to the superintendent the authority to suspend a student for up to one (1) school year. The Board of Education has the authority to expel a student for a fixed or indefinite period. Procedure for Imposing Discipline Remedial measures or disciplinary sanctions may be imposed on a student only after it has 6520.6 been determined, following appropriate due process, that the student has committed a violation. The nature of the due process required depends in part on the magnitude of the penalty to be imposed.
Short-term Suspension 6520.6.1 1. Informal due process hearing. A school principal may suspend a student for up to ten (10) school days for a violation. Prior to imposing such a suspension, the school principal shall meet with the student, if possible, to discuss the incident(s) and to provide the student an opportunity to respond. The principal shall then determine whether a violation has occurred and whether suspension or other discipline is appropriate. In appropriate cases, the principal shall consider and offer the student alternatives to suspension, including in-school suspension and parental attendance with the student (where appropriate consent from teachers is obtained). 2. Short-term suspension pending due process hearing. If the school principal makes an initial determination that the violation warrants long-term suspension or expulsion, the school principal may recommend those sanctions and may impose a short-term suspension pending a hearing on whether those sanctions should be imposed. 3. Departure from school grounds. A suspended student shall immediately leave the school building and grounds following a determination by the school of the best way to transfer custody of the student to the parent or guardian or other person authorized by the parent or applicable law to accept custody of the student. 4. Notice of short-term suspension. If a short-term suspension is imposed, the principal or assistant principal shall immediately provide notice to the student’s parent or guardian. Notice shall, if possible, be given by telephone. If reasonable efforts to contact the parent or guardian by telephone are unsuccessful, then written notice shall be sent to the parent or guardian. The notice, whether verbal or written, shall include the following:
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a. That the student has been suspended. b. The grounds for the suspension. c. The period of time for which the student is suspended. d. The date, time and place for the parent or guardian and student to meet with the principal or assistant principal to review the suspension. This meeting shall be scheduled to occur as soon as is practicable, but in all cases prior to the end of the tenth day of the suspension.
5. Notice of recommended expulsion or long-term suspension. If the principal or assistant principal has recommended that the superintendent expel the student or suspend the student for a period longer than ten days, that fact shall be included in the notice to the parent or guardian. 6. Meeting to review suspension. At this meeting, the principal or assistant principal shall review with the parent or guardian and student the charges and evidence against the student, and shall provide the student with an opportunity to respond. During this meeting, the principal or assistant principal may determine whether the suspension previously imposed should be maintained, whether to adopt an alternative remedial measure, or whether the suspension should be terminated. The principal or assistant principal should also discuss with the parent or guardian a plan to avoid recurrence of the problem. Long-term Suspension or Expulsion 6520.6.2 1. Due Process Hearing. If the principal or assistant principal recommends long- term suspension or expulsion, he or she shall notify the superintendent of that recommendation. The superintendent shall then schedule a hearing to be held with the student's parent or guardian, the student, and the superintendent or the superintendent's designee. The hearing shall be scheduled to take place prior to the tenth day of the student's suspension where possible. 2. Notice of Hearing. The superintendent shall provide written notice of the date, time and place of the hearing to the student and his or her parent or guardian so as to afford a reasonable opportunity for preparation. The notice shall include a statement of the charges against the student, that a recommendation has been made for suspension for more than 10 days or for expulsion and the period of time for which suspension or expulsion has been recommended. The statement of the charges against the student shall include the nature of the evidence and the names of any witnesses whose testimony may be used against the student unless confidentiality is required due to the necessity to protect student witnesses. 3. Conduct of Hearing. The superintendent or the superintendent's designee shall preside at and conduct the hearing at the appointed time and place. The district and the student may each be represented by a person of their choice. Each side may present testimony of witnesses or other evidence, may cross-examine witnesses and may make legal arguments relevant to the issues. However, the district may present hearsay evidence if confidentiality is required due to the necessity to protect witnesses. 4. Decision. At the conclusion of the hearing, the superintendent or designee shall make a final determination of the matter, and shall state his or her determination to those attending the hearing. The determination shall then be placed in writing and mailed to the student and his or her parent or guardian. Upon a finding that the student has engaged in conduct warranting discipline, the superintendent may determine what discipline or remedial measures are appropriate for the conduct. If the superintendent determines that the appropriate sanction is expulsion, then that sanction must be authorized by the Board of Education as set out below. Apart from expulsion, the superintendent may impose any of the available remedial measures or sanctions as are found to be appropriate. In determining the appropriate sanction, the superintendent shall consider whether alternatives to suspension are appropriate or available. 5. Appeal. A student may appeal the determination of the superintendent to the Board of Education by filing a written notice of appeal with the superintendent within ten (10)
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days of the date the decision of the superintendent is mailed to the student. No further hearing will be held. The Board will review the evidence submitted to the superintendent and the written determination of the superintendent. The Board may affirm the superintendent's decision or modify the Superintendent's decision. The Board's written decision will be issued within thirty (30) days of receipt of the student's written notice of appeal. 6. Board Evaluation of Expulsion Recommendation. If the superintendent recommends expulsion for an indefinite or definite period of time, then the Superintendent will transmit that recommendation to the Board of Education along with the record of evidence submitted to the superintendent. The Board may review the recommendation based on this record or may at its sole discretion accept further evidence. Following its review, the Board may accept, modify, or reject the recommendation, or impose other disciplinary sanctions. This decision is final. 7. 45-day Review of Mandatory one-year Expulsions. Where a student has been expelled for one year because of a violation involving a weapon, explosive, or flammable material, a hearing shall be held within 45 days of the imposition of the expulsion. This hearing shall be held before the superintendent or the superintendent's designee, and shall be attended by the student and a parent or guardian of the student. At this hearing, the superintendent shall determine:
a. What conditions must be met by the student and the student’s parent or guardian for the student to return to school;
b. Whether the student should be placed on probation in a regular or alternative school setting, and if so what conditions must be met by the student to assure the safety of students and staff at the school the student is placed in; and
c. 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, giving highest priority to providing a safe school environment for all students. d. If the superintendent or his or her designee determines that the student should return to school prior to the expiration of the one-year expulsion term conditioned on compliance with the conditions established by the superintendent, then the superintendent shall submit that recommendation to the Board of Education. If the Board of Education approves the return, the student may return to school pursuant to the conditions established.
8. A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12 months. Evidence in Student Hearings All student disciplinary hearings shall be conducted by the Board or its designee in an 6520.7 executive session. All evidence presented in such hearings shall constitute student educational records and shall be treated as "confidential". The District hereby designates all student records as "protected" under the Government Records Access Management Act. The names of students giving statements used in a student hearing involving other students may be protected and edited where necessary to protect the students from threats of harm or interference with the educational process.
Notification of Weapons on School Property Whenever a student is found on school property during school hours or a school sponsored 6520.8 activity in possession of a dangerous weapon and that information is reported to or known by the principal, the principal shall notify appropriate law enforcement personnel as well as school and district personnel who, in the good faith opinion of the principal should be informed.
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SJSD Policy #
Education of Students Subject to Discipline The educational services that will be provided to students subject to discipline will depend 6520.9 upon the nature of the discipline.
1. Students subject to remedial measures. Students subject to remedial measures such as a remedial discipline plan or class attendance with a parent, or in-school suspension will continue to receive educational services from the district according to the remedial measure. A student transferred to another school or program within the district will receive educational services through that school or program. 2. Parental responsibility for education. When a student is expelled or is suspended for more than 10 days, it is the responsibility of the parent's student or guardian to undertake an alternative education plan which will ensure that the student's education continues during the period of the suspension or expulsion. The parent or guardian shall work with designated school officials to determine how that responsibility might best be met through private education, alternative programs offered by the district, or other alternatives which will reasonably meet the student's educational needs. Costs for educational services not provided by the district are the responsibility of the student's parent or guardian. 3. Review of student progress. The district shall contact the parent or guardian of each suspended or expelled student under the age of 16 at least once per month to determine the student's progress. 4. Record of disciplined students. The district shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the student's transcript. Readmission of Suspended or Expelled Students Suspended students 6520.10 A suspended student may not be readmitted to a public school until the student and the student’s parent or guardian have met with a designated school official to review the suspension and have agreed with the school official upon a plan to avoid recurrence of the violation resulting in suspension. At the discretion of the principal, the student may be readmitted if the student and the student’s parent/guardian have agreed to participate in such a meeting. However, a suspension may not extend beyond ten (10) days unless the student and the student's parent or guardian have been given a reasonable opportunity to meet with a designated school official to respond to the allegations and proposed disciplinary action. Expelled students The superintendent or his or her designee shall review the expulsion sanction of each expelled student at least once per year and shall report the conclusions of such review to the Board of Education. The superintendent or his or her designee may make recommendations regarding whether such sanction should be modified or removed, and what conditions, if any, should be imposed on the student’s readmission. If the Board has expelled a student for a set period of time and has not otherwise specified, at the expiration of that expulsion term a student may enroll at his or her area school on the same terms as a new student.
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For additional information see Utah Code/ Constitution:
32B-1-102 http://le.utah.gov/~code/TITLE32B/htm/32B01_010200.htm 53A-3-415 http://le.utah.gov/~code/TITLE53A/htm/53A03_041500.htm 53A-3-501 http://le.utah.gov/~code/TITLE53A/htm/53A03_050100.htm 53A-11-806 http://le.utah.gov/~code/TITLE53A/htm/53A11_080600.htm 53A-11-902 http://le.utah.gov/~code/TITLE53A/htm/53A11_090200.htm 53A-11-903 http://le.utah.gov/~code/TITLE53A/htm/53A11_090300.htm 53A-11-904 http://le.utah.gov/~code/TITLE53A/htm/53A11_090400.htm 53A-11-905 http://le.utah.gov/~code/TITLE53A/htm/53A11_090500.htm 53A-11-906 http://le.utah.gov/~code/TITLE53A/htm/53A11_090600.htm 53A-11-907 http://le.utah.gov/~code/TITLE53A/htm/53A11_090700.htm 53A-11-1101 http://le.utah.gov/~code/TITLE53A/htm/53A11_110100.htm 58-37-2 http://le.utah.gov/~code/TITLE58/htm/58_37_000200.htm 58-37a-3 http://le.utah.gov/~code/TITLE58/htm/58_37a000300.htm 58-37b-2 http://le.utah.gov/~code/TITLE58/htm/58_37b000200.htm 76-3-203.2 http://le.utah.gov/~code/TITLE76/htm/76_03_020302.htm 76-5-102 http://le.utah.gov/~code/TITLE76/htm/76_05_010200.htm 76-5-102.3 http://le.utah.gov/~code/TITLE76/htm/76_05_010203.htm 76-5-106 http://le.utah.gov/~code/TITLE76/htm/76_05_010600.htm 76-5-107 http://le.utah.gov/~code/TITLE76/htm/76_05_010700.htm 76-5-107.5 http://le.utah.gov/~code/TITLE76/htm/76_05_010705.htm 76-6-102 http://le.utah.gov/~code/TITLE76/htm/76_06_010200.htm 76-6-103 http://le.utah.gov/~code/TITLE76/htm/76_06_010300.htm 76-6-106 http://le.utah.gov/~code/TITLE76/htm/76_06_010600.htm 76-6-202 http://le.utah.gov/~code/TITLE76/htm/76_06_020200.htm 76-6-404 http://le.utah.gov/~code/TITLE76/htm/76_06_040400.htm 76-9-105 http://le.utah.gov/~code/TITLE76/htm/76_09_010500.htm 76-9-106 http://le.utah.gov/~code/TITLE76/htm/76_09_010600.htm 76-10-501 http://le.utah.gov/~code/TITLE76/htm/76_10_050100.htm 76-10-505.5 http://le.utah.gov/~code/TITLE76/htm/76_10_050505.htm
18 U.S.C. § 930(g)(2) http://www.law.cornell.edu/uscode/text/18/930 Utah Admin Rule R277-609-1 http://www.rules.utah.gov/publicat/code/r277/r277-609.htm#T1 Goss v. Lopez, 410 U.S. 565 (1975) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=419&invol=565 Wagner v. Ft. Wayne Community Schools, 255 F. Supp. 2d 915 (N.D. Ind. 2003) http://scholar.google.com/scholar_case?case=13433930700272998331&hl=en&as_sdt=2,45
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Suspension/Expulsion of Students with Disabilities
SJSD Policy # DISCIPLINE PROCEDURES FOR STUDENTS WITH DISABILITIES Consistent with the requirements of Part B of the IDEA, State Rules and District Policies 6530.1 and Procedures, San Juan School District establishes, maintains, and implements policies and procedures for disciplining students with disabilities.
DEFINITIONS The following definitions apply to this section only: 6530.1.1 Controlled Substance: a drug or other substance identified under schedules I, II, III, IV, or V in Section 202(c) of the Controlled Substances Act (21 USC 812(c)).
(Dangerous) Weapon: a weapon, device, instrument, material, or substance (animate or inanimate) that is used for, or is readily capable of, causing death or serious bodily injury. This term does not include a pocket 1 knife with a blade of less than 2 /2 inches in length.
Illegal Drug: a controlled substance. This does not include a substance that is legally possessed or used under the supervision of a licensed health-care professional, or that is legally possessed or used under any other authority under that Act or under any other provision of federal law.
Substantial Evidence: beyond a majority of the evidence.
6530.2 DISCIPLINARY REMOVALS
CHANGE OF PLACEMENT FOR DISCIPLINARY REMOVALS 6530.2.1 For purposes of removals of a student with a disability from the student’s current educational placement as described in this section, a change of placement occurs if:
1. The removal is for more than 10 consecutive school days. 2. The student is subjected to a series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year, and because of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.
NO CHANGE OF PLACEMENT FOR REMOVALS TEN (10) SCHOOL DAYS OR LESS To the extent removal would be applied to students without disabilities, school 6530.2.2 personnel may order the removal of a student with a disability from the student’s current placement for not more than 10 consecutive school days for any violation of school rules, and additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
REMOVALS FOR WEAPONS OR DRUGS School personnel may order a change in placement of a student with a disability to an 6530.2.3 appropriate interim alternative educational setting for the same amount of time that a student without a disability would be subject to discipline, but for not more than 45 calendar days, if:
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1. The student carries a weapon to school or to a school function under the jurisdiction of a state or local education agency. 2. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a state or local educational agency. 3. The interim alternative educational setting is determined by the IEP team.
AUTHORITY OF HEARING OFFICER A hearing officer under IDEA-B may order a change in the placement of a student with a 6530.2.4 disability to an appropriate interim alternative educational setting for not more than 45 calendar days if the hearing officer, in an expedited due process hearing:
1. Determines that San Juan School District has demonstrated by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. 2. Considers the appropriateness of the student’s current placement.
3. Considers whether San Juan School District has made reasonable efforts to minimize the risk of harm in the student’s current placement, including the use of supplementary aids and services. 4. Determines that the interim alternative educational setting that is proposed by school personnel who have consulted with the student’s special education teacher meets the requirements below.
REQUIRED SERVICES San Juan School District need not provide services during periods of removal to a 6530.3 student with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if services are not provided to a student without disabilities who has been similarly removed. In the case of a student with a disability who has been removed from his or her current placement for more than 10 school days in the same school year, San Juan School District, for the remainder of the removals, provides services to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student’s IEP. School personnel, in consultation with the student’s special education teacher, determine the extent to which services are necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student’s IEP. FUNCTIONAL BEHAVIORAL ASSESSMENT AND INTERVENTION PLAN Within 10 business days after first removing a student for more than 10 school days in a 6530.4 school year, or for weapons violations, drugs violation, or behavior that is substantially likely to result in injury to the student or to others, the following actions are taken by San Juan School District: 1. If San Juan School District did not conduct a functional behavioral assessment and implement a behavioral intervention plan for the student before the behavior that resulted in the removal occurred, the District convenes an IEP meeting to develop an assessment plan. 2. If the student already has a behavioral intervention plan, the IEP team meets to review the plan and its implementation, and modify it, as necessary, to address the behavior.
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3. As soon as practicable after developing the assessment plan and completing the assessments required by the plan, San Juan School District convenes an IEP meeting to develop appropriate behavioral interventions to address that behavior, and implements those interventions. 4. If, subsequently, a student with a disability who has a behavioral intervention plan and who has been removed from the student’s current educational placement for more than 10 school days in a school year, is subjected to a removal that does not constitute a change of placement, the IEP team members review the behavioral intervention plan and its implementation to determine if modifications are necessary. If one or more of the team members believe that modifications are needed, the team meets to modify the plan and its implementation to the extent the team determines necessary.
DETERMINATION OF INTERIM ALTERNATIVE EDUCATIONAL SETTING Any interim alternative educational setting in which a student is placed as a result of 6530.5 removals for weapons or drugs, behavior that is substantially likely to injure the student or others, or under the authority of a hearing officer:
1. Is selected so as to enable the student to continue to progress in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the student’s current IEP, that will enable the student to meet the goals set out in that IEP.
2. Includes services and modifications designed to address the behavior that are designed to prevent the behavior from recurring.
The IEP team must determine the interim alternative educational setting.
MANIFESTATION DETERMINATION REVIEW REQUIREMENT If San Juan School District removes, or contemplates removing a student for weapons 6530.6 violations, drug violations, behavior that is substantially likely to result in injury to the student or to others, or other behavior that violates any rule or code of conduct that applies to all students which results in a change of placement, the following actions are taken by the District:
1. Not later than the date on which the decision to remove the student is made, the parents are notified of that decision and provided the procedural safeguards notice described under District Policies and Procedures. 2. Immediately, if possible, but no later than 10 school days after the date on which the decision to remove the student is made, a review is conducted of the relationship between the student’s disability and the behavior subject to the disciplinary action. The review is conducted by the IEP team and other qualified personnel in a meeting.
PROCEDURES FOR CONDUCTING A MANIFESTATION DETERMINATION REVIEW The IEP team and other qualified personnel in a meeting conduct a manifestation 6530.6.1 determination review. In carrying out the review, the IEP team and other qualified personnel may determine that the behavior of the student was not a manifestation of the student’s disability only if the team and other qualified personnel:
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1. First consider, in terms of the behavior subject to disciplinary action, all relevant information, including:
A. Evaluation and diagnostic results, including the results or other relevant information supplied by the parents of the student.
B. Observations of the student. C. The student’s IEP and placement.
2. Then determines that:
A. In relationship to the behavior subject to disciplinary action, the student’s IEP and placement were appropriate, and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the student’s IEP and placement. B. The student’s disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action.
C. The student’s disability did not impair the ability of the student to control the behavior subject to disciplinary action.
3. If the IEP team and other qualified personnel determine that any of the above standards in this section were not met, the behavior is considered a manifestation of the student’s disability.
4. The manifestation determination review described in this section is conducted at the same IEP meeting that is convened to address a functional behavioral assessment and behavioral intervention plan.
5. If the review identifies deficiencies in the student’s IEP or placement, or in their implementation, San Juan School District takes immediate steps to remedy those deficiencies.
DETERMINATION THAT BEHAVIOR WAS NOT A MANIFESTATION OF DISABILITY 6530.6.2 1. If the results of the manifestation determination review indicate that the behavior of the student with a disability was not a manifestation of the student’s disability, the relevant disciplinary procedures applicable to students without disabilities are applied to the student in the same manner in which they would be applied to students without disabilities, except that FAPE continues to be made available to a student if that student has been removed from his/her current placement for more than 10 school days in the same school year. 2. The student’s IEP team determines the extent to which services are necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student’s IEP if the student is removed because of behavior that has been determined not to be a manifestation of the student’s disability. 3. If San Juan School District initiates disciplinary procedures applicable to all students, the District ensures that the special education and disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action. 4. If a parent requests a hearing to challenge the determination that the behavior of
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the student was not a manifestation of the student’s disability, then the student shall remain in the student’s current educational placement or in an interim alternative educational setting.
PARENT APPEAL 6530.6.3 1. If the student’s parent disagrees with a determination that the student’s behavior was not a manifestation of the student’s disability, or with any decision regarding placement, the parent may request a hearing. 2. USOE arranges an expedited hearing in any case described in this section if requested by the parent. 3. In reviewing a decision with respect to the manifestation determination, the hearing officer determines whether San Juan School District has demonstrated that the student’s behavior was not a manifestation of the student’s disability. 4. In reviewing a decision to place the student in an interim alternative educational setting, the hearing officer shall apply the standards under policy 6530.2.4. PLACEMENT DURING APPEALS
6530.6.4 1. If a parent requests a hearing regarding a disciplinary action, to challenge the interim alternative educational setting or the manifestation determination, the student remains in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45 day time period provided for, whichever occurs first, unless the parent and San Juan School District agree otherwise. 2. If a student is placed in an interim alternative educational setting, under a removal for weapons, drugs, behavior that is substantially likely to injure the student or others, or under the authority of a hearing officer and school personnel propose to change the student’s placement after expiration of the interim alternative placement, during the pendency of any proceeding to challenge the proposed change in placement the student remains in the current placement (the student’s placement prior to the interim alternative educational setting), except as provided for in this section.
3. If school personnel maintain that it is dangerous for the student to be in the current placement (placement prior to removal to the interim alternative education setting) during the pendency of the due process proceedings, San Juan School District may request an expedited due process hearing. 4. In determining whether the student may be placed in the alternative educational setting or in another appropriate placement ordered by the hearing officer, the hearing officer shall apply the standards under policy 6530.2.4.
5. A placement ordered pursuant to this section may not be longer than 45 days. The procedure above may be repeated as necessary.
PROTECTIONS FOR STUDENTS NOT YET ELIGIBLE FOR SPECIAL EDUCATION AND RELATED SERVICES 1. A student who has not been determined to be eligible for special education and 6530.7 related services under State Rules and District Policies and Procedures, and who has engaged in behavior that violated any rule or code of conduct of San Juan School District, including any behaviors described in this section, may assert any of the protections provided for in this section if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.
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2. San Juan School District is deemed to have knowledge that a student is a student with a disability if:
A. The parent of the student has expressed concern in writing (or orally if the parent does not know how to write or has a disability that prevents a written statement) to personnel of San Juan School District that the student is in need of special education and related services.
B. The behavior or performance of the student demonstrates the need for these services in accordance with student evaluation/classification procedures.
C. The parent of the student has requested an evaluation of the student.
D. The teacher of the student, or other personnel of San Juan School District, has expressed concern about the behavior or performance of the student to the director of special education of the District or to other personnel of the District in accordance with the established Child Find or special education referral system.
3. San Juan School District is not deemed to have knowledge under this section, if, as a result of receiving the information, the District either:
A. Conducted an evaluation consistent with State Rules and District Policies and Procedures and determined that the student is not a student with a disability; or
B. Determined that an evaluation is not necessary, and provided notice to the student’s parents of its determination consistent with prior notice requirements.
4. If San Juan School District does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as those applied to students without disabilities who engage in comparable behaviors consistent with this section.
5. If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures under this section, the evaluation is conducted in an expedited manner.
6. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.
7. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by San Juan School District and information provided by the parents, the District provides special education and related services in accordance with the provisions of State Rules and District Policies and Procedures, including the discipline procedures and FAPE requirements.
EXPEDITED DUE PROCESS HEARING PROCEDURES 6530.8 Refer to State Rules.
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REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES 1. Nothing in Part B of the IDEA prohibits San Juan School District from reporting a 6530.9 crime committed by a student with a disability to appropriate authorities, or to prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with a disability.
2. San Juan School District, in reporting a crime committed by a student with a disability, ensures that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to which it reports the crime.
3. San Juan School District, in reporting a crime under this section, transmits copies of the student’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.
For additional information see Utah Code/ Constitution:
53A-11-1304 http://le.utah.gov/~code/TITLE53A/htm/53A11_130400.htm 53A-11-1305 http://le.utah.gov/~code/TITLE53A/htm/53A11_130500.htm
Title 18 United States Code (USC) Section 930(g) http://www.law.cornell.edu/uscode/text/18/930 Title 21 United States Code (USC) Controlled Substance Act, Section 812 http://www.deadiversion.usdoj.gov/21cfr/21usc/812.htm
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Removal/Suspension/Expulsion Procedures SJSD Policy #
EMERGENCY REMOVALS San Juan School District shall make reasonable efforts to notify the parent prior to 6540.1 removing a student from school premises for emergency reasons. If the parent cannot be notified prior to the removal, the parent shall be notified as soon as possible after the removal and the reasons for it.
DISCIPLINE When dealing with matters of discipline, if the building administrator determines that 6540.1.1 the student poses a danger to persons or property, the student may be removed from the premises subject to the following conditions:
A. The student is given an explanation of the reasons for his/her removal.
B. The student is given an opportunity to explain his/her conduct. C. If a recommendation for extended suspension or expulsion is considered, then a hearing with the student and parent or guardian will be conducted as soon as practicable and a decision issued within ten (10) school days of removal.
GENERAL PROCEDURES FOR SUSPENSION When a student engages in conduct for which suspension is possible or required under 6540.2 provision of this policy, the following procedures shall occur:
1. Notwithstanding any other provision of this policy if the suspension involves a student who brought a firearm or explosive material to school, then the student must be expelled for at least one year. For purposes of this policy, a “firearm” means any weapon (including a starter gun) which will, is designated to, or may readily be converted to expel a projectile by action of any explosive; the frame or receiver of such a weapon; any firearm muffler or silencer, or any destructive device.
2. If the conduct described does not require mandatory suspension or mandatory expulsion, the principal or assistant principal, at his/her discretion, may remove the student from school through the use of the “Required Parent Conference” procedure. As a result of that conference the student may be suspended for up to ten days, and in addition it may be recommended that the Superintendent suspend the student for up to an entire school year, or its equivalent imposed over consecutive portions of two school years.
3. If a student is being considered for suspension, the principal and/or assistant principal shall immediately provide notice to the student’s parent or guardian. Notice shall, if possible, be given by telephone. If reasonable efforts to contact the parent or guardian by telephone are unsuccessful, then written notice shall be sent to the parent or guardian. The notice, whether verbal or written, shall include the following:
that the student may be suspended, the grounds for the suspension, the period of time for which the student may be suspended, the date, time, and place for the parent or guardian to meet with the principal or assistant principal to review the proposed action. This meeting shall be scheduled to occur as soon as is practicable. 31
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4. The student shall be informed of the charges and evidence against him at the meeting with the student, parent or guardian, and the principal or assistant principal. If the student denies the charges he shall be given an opportunity to tell his side of the story. If the parent or guardian and/or student fails or refuses to attend the meeting at the scheduled date, time, and place, and reasonable efforts to contact them are unsuccessful, the principal or assistant principal shall mail notification to the parent or guardian describing the charges against the student and the evidence against him.
5. Upon the conclusion of the meeting or upon a determination that the parent or guardian has not appeared for the meeting if discretionary suspension is provided, the principal shall take one of the following actions:
A. Take no further disciplinary action to extend the time out of school beyond the time needed to accomplish the Required Parent Conference.
B. Impose a time of suspension up to a total of ten days.
C. Impose a time of suspension up to a total of ten days, with a recommendation to the Superintendent that the student be suspended for a period of time greater than ten days up to an entire year or its equivalent imposed over consecutive portions of two school years.
D. Return the student to classes or impose disciplinary measures not including suspension/expulsion.
6. If the student has been removed from school for willful disobedience and defiance of authority, or disruptive behavior which are not so violent or extreme that immediate removal is required, then good faith efforts shall be made to implement a remediation plan that would allow the student to return to school.
EXTENDED SUSPENSION HEARINGS If the principal or assistant principal recommends suspension for a period greater than 6540.3 ten days, he/she shall notify the Superintendent of that recommendation as soon as possible. The Superintendent shall then schedule a hearing to be held with the parent or guardian, the student and the Superintendent. The hearing shall be scheduled to take place prior to the tenth day of the student’s suspension where possible. The Superintendent shall provide written notice of the date, time, and place of hearing to the student and his/her parent or guardian. The notice shall include a statement of the charges against the student, that suspension has been recommended beyond the ten day suspension imposed by the principal or assistant principal, and the period of time for which suspension has been recommended.
The Superintendent or the Superintendent’s designee shall preside at and conduct the hearing at the appointed time and place. The District and the student may each be represented by a person of their choice. Each side may present witnesses, cross- examine witnesses, and make legal arguments relevant to the issues.
At the conclusion of the hearing, the Superintendent or the Superintendent’s designee shall make a final determination of the matter, and shall state his/her determination to those attending the hearing. The determination shall then be placed in writing and mailed to the student and his parent or guardian.
APPEALS A decision by the Superintendent to suspend a student beyond 10 days may be 6540.4 appealed to the Board.
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EXPULSION PROCEDURES / DUE PROCESS When the reported conduct of a student requires mandatory expulsion from school or 6540.5 when such conduct is thought to be serious enough to warrant expulsion, that decision will be made after a hearing before the School Board. Before any expulsion procedure takes place, the student shall be afforded due process, which shall include the following:
1. Prior notice of the charges and the proposed sanctions so as to afford a reasonable opportunity for preparation.
2. Right to a full and fair hearing before the Board or its designee.
3. Right to an adult representative or legal counsel at the hearing. 4. Opportunity to testify and to present evidence and witnesses in
his or her defense.
5. Opportunity to examine the evidence presented by the school administration and to question the administration’s witnesses.
The notice shall be in writing and shall advise of the nature of the evidence and the witness statements whose testimony may be used against the student. The student shall be notified of the date of the hearing. The decision at the hearing shall be based exclusively on evidence present at the hearing. The final decision shall be communicated promptly to the student and parent.
TERM OF EXPULSION The Board or its designee shall set a term for the expulsion. The term of expulsion 6540.6 normally may not exceed one calendar year from the date of the expulsion unless so specified by the Board because of the serious nature of the student conduct.
NOTICE OF EXPULSION ORDER The Board or its designee shall deliver a copy of the order expelling the student to the 6540.7 student and the student’s parent or guardian. The order shall advise parents that it is the parent’s responsibility to provide adequate supervision for the student during the period of expulsion. The Board or its designee shall also deliver a copy of the order to the authorized officer of the juvenile court in the county in which the student resides. If the student enrolls in another school district before the expiration of the period of expulsion, the Board or designee shall provide a copy of the order to that district at the same time other student records are provided.
NOTICE OF STAFF 6540.8 The Board shall provide the administrator at the student’s school with a copy of the expulsion order, who shall then notify the student’s teachers.
STUDENTS WITH DISABILITIES Discipline, including suspension/expulsion, of students with disabilities shall comply with 6540.9 the United States Department of Education Individuals with Disabilities Education Act Final Regulations, the Utah State Board of Education Special Education Rules, and San Juan School District Special Education Policies and Procedures.
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For additional information see Utah Code/ Constitution:
53A-11-902 http://le.utah.gov/~code/TITLE53A/htm/53A11_090200.htm 53A-11-903 http://le.utah.gov/~code/TITLE53A/htm/53A11_090300.htm 53A-11-904 http://le.utah.gov/~code/TITLE53A/htm/53A11_090400.htm 53A-11-905 http://le.utah.gov/~code/TITLE53A/htm/53A11_090500.htm 53A-11-906 http://le.utah.gov/~code/TITLE53A/htm/53A11_090600.htm 53A-11-907 http://le.utah.gov/~code/TITLE53A/htm/53A11_090700.htm
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Detention of Elementary Students
SJSD Policy #
DETENTION OF ELEMENTARY STUDENTS Students in grades K through six may be detained in school after regular school hours in 6545.1 the event the responsible school administrator determines that such action is justified in disciplining the student. No student may be detained after regular school hours until his or her parent or guardian has received prior notice of the detention to take place on a particular school day
The notice provided for under this policy need not be completed prior to detention of the student if detention is necessary for the student’s health or safety.
For additional information see Utah Code/ Constitution:
53A-11-910 http://le.utah.gov/~code/TITLE53A/htm/53A11_091000.htm
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Defacing or Injuring School Property
SJSD Policy #
6550.1 WITHHOLDING GOODS - PAYMENT FOR DAMAGE If the District determines that school or District property has been lost or willfully cut, defaced or otherwise injured by a student, the District may withhold the issuance of official written grade reports, diplomas and transcripts of the student responsible for the damage or loss until the student or student’s parents or guardian has paid for the damages.
VOLUNTEER WORK PROGRAM 6550.2 If the student and the student’s parent or guardian are unable to pay for the damages or if it is determined by the school in consultation with the student’s parents or guardian that the student’s interest would not be served if the parents or guardian were to pay for the damages, then the District shall provide a program of voluntary work for the student in lieu of the payment. In that case, the District shall release the official grades, diploma, and transcripts of the student upon completion of the voluntary work.
DUE PROCESS Prior to the assessment of any penalties under this policy, the student shall be entitled 6550.3 to notice and hearing before the school principal as provided in the student disciplinary policy.
No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear.
EXCEPTION 6550.4 If the Department of Human Services or a Licensed Child Placing Agency has been granted custody of the student, that student’s records, if requests by the Department or Agency, may not be withheld from the Department or Agency for non-payment of
damages under this section.
For additional information see Utah Code/ Constitution:
53A-11-806 http://le.utah.gov/~code/TITLE53A/htm/53A11_080600.htm
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Hazing
SJSD Policy # POLICY This policy is enacted by the Board to prohibit bullying and hazing consistent with Utah 6560.1 Code 53A-11a-301; provide procedures to identifying incidents, for addressing reported incidents, implementing reasonable corrective action, and provide educational training as required by Utah Administrative Rule 277-613-4.
The school district believes that all students have a right to a safe and healthy school environment and promotes mutual respect, tolerance and acceptance for all. The school district will not tolerate behavior of any student that is defined under bullying, cyberbullying or hazing in policy 6560.2. The school district expects students and/or staff to immediately report incidents of bullying or hazing to an administrative representative. A reported incident shall be investigated promptly. Staff are expected to immediately intervene when they witness an incident which may constitute bullying and/or hazing. Compliance to this policy applies to students on school grounds, while traveling to and from school or a school-sponsored activity, during the lunch period, whether on or off campus, and during a school-sponsored activity. Educational training will be provided students and staff to cultivate acceptance and understanding and build the capacity to maintain a safe and healthy learning environment. Students who are in violation of this policy are subject to disciplinary action up to and including expulsion, consistent with the school district's Safe Schools Policy.
DEFINITIONS
6560.2 Board: San Juan School District Board of Education
Bullying: intentionally or knowingly committing an act that is done for the purpose of placing a student in fear of physical harm to the student or harm to the property of the student. Cyberbullying: the use of email, instant messaging, chat rooms, pagers, cell phones, or other forms of information technology to deliberately harass, threaten, or intimidate someone for the purpose of placing a student in fear of physical harm to the student or harm to the property of the student.
Hazing: intentionally or knowingly committing an act that is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for membership or acceptance, or continued membership or acceptance, in any school or school sponsored team, organization, program, or event. Harassment: repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual. Further information regarding harassment policy may be found in SJSD policy 4111.
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Bullying The following conduct constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in the conduct. Acts of bullying may include:
1. Verbal taunting, teasing, mocking or other verbal output used in a
threatening or harassing manner.
2. Endangerment to the physical health or safety of a student;
3. Any brutality of a physical nature such as whipping, beating,
branding, calisthenics, bruising, electric shocking, placing of a harmful
substance on the body, or exposure to the elements to a student;
4. Forced or unwilling consumption of any food, liquor, drug, or other
substance by a student;
5. Other physical activity that endangers the physical health and safety
of a student;
6. Physically obstructing a student's freedom to move; or
7. Cyberbullying, as defined above.
Hazing The following conduct constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct. Acts of hazing may include:
1. Endangerment to the physical health or safety of a student;
2. Any brutality of a physical nature such as whipping, beating, branding,
calisthenics, bruising, electric shocking, placing of a harmful substance
on the body or exposure to the elements to a student;
3. Forced or unwilling consumption of any food, liquor, drug, or other
substance by a student;
4. Other physically activity that endangers the physical health and safety
of a student;
5. Physically obstructing a student's freedom to move;
6. Any activity that intimidates or threatens the student with ostracism,
that subjects the student to extreme mental stress, shame, or
humiliation, or that adversely affects the mental health or dignity of
the student or discourages the student from remaining registered in
school, or that may reasonably be expected to cause a student to
leave the school rather than submit to the acts described above.
7. Any activity that induces, causes, or requires the student to perform a
duty or task that involves a violation of state law.
8. Any method of initiation or pre-initiation into a student club,
organization or team that causes or is reasonably likely to cause bodily
danger or physical harm, serious mental or emotional harm,
embarrassment or ridicule, or personal degradation or loss of dignity
to any student or other person associated with the school.
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The following actions shall be included in the offense of hazing:
1. Engaging in hazing; 2. Soliciting, encouraging, directing, aiding, or attempting to aid another in engaging in hazing; 3. Intentionally, knowingly, or recklessly permitting hazing to occur; 4. Having firsthand knowledge of the planning of a specific hazing incident involving a student, or firsthand knowledge that a specific hazing incident has occurred, and knowingly failing to report that knowledge in writing to the Principal, Superintendent, or designee.
REPORTING REQUIREMENTS Students who are or become aware of bullying and/or hazing activity shall report such 6560.3 incidents immediately to school or district administration. Students who are aware of bullying and/or hazing activity and fail to report it to school officials may face disciplinary action for conspiring or engaging in the incident.
POLICY DISSEMINATION 1. This policy shall be posted on the district website and in the district policy manual. 6560.4 2. A summary of this policy shall be published in student registration materials and student and parent handbooks. 3. Each principal, athletic coach, and activity advisor shall inform all students of this policy at the beginning of each school year, prior to the beginning of each team or group activity for the year. Each student participating in extracurricular activities shall sign a form stating that they agree to comply with this policy. The following is a sample:
STATEMENT OF COMMITMENT I ______(student name), have been informed by ______(coach / advisor / supervisor), of the district policy prohibiting bullying, hazing and/or initiation activities. As a condition of participation on ______(name of team or group), I agree to abide by this policy and refrain from the prohibited activities outlined in policy 6560. I understand that involvement in the prohibited activities will result in disciplinary action, which may include suspension, expulsion, exclusion, transfer to a different school, and/or loss of participation in all extracurricular activities. ______(student signature) (parent signature) (date)
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TRAINING REQUIREMENTS Students will be provided instruction at each school designed to prevent hazing and bully 6560.5 treatment. The training shall: 1. Be specific to overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name calling, or both physical and verbal aggression or threatening behavior; 2. Be specific to relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation; 3. Be specific to prohibitions against bullying or hazing of a sexual nature or with sexual overtones; 4. Be specific to cyber bullying, including use of email, web pages, text messaging, instant messaging, three-way calling or messaging, or any other electronic means for aggression inside or outside of school. 5. Include strategies and awareness in intervention and social skills.
A list of training schedules and participants with their signatures will be maintained by each school to be provided to the Utah State Office of Education upon request.
SUPERVISION 1. An assessment of the prevalence of bullying which identifies locations where students 6560.6 may feel unsafe will be compiled by school administration and made available to students. 2. Supervision shall be provided in areas identified as having high prevalence of bullying such as playgrounds, hallways, and lunch areas. Adequate supervision will also be provided
at activities and events with student participation.
For additional information see Utah Code/ Constitution:
53A-11a-102 http://le.utah.gov/~code/TITLE53A/htm/53A11a010200.htm 53A-11a-201 http://le.utah.gov/~code/TITLE53A/htm/53A11a020100.htm 53A-11a-202 http://le.utah.gov/~code/TITLE53A/htm/53A11a020200.htm 53A-11a-301 http://le.utah.gov/~code/TITLE53A/htm/53A11a030100.htm 53A-11a-402 http://le.utah.gov/~code/TITLE53A/htm/53A11a040200.htm
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Non-Discrimination and Anti-Harassment Policy
SJSD Policy # NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY It is the policy of the San Juan School District Board of Education to follow state and federal 4111.1 laws and guidelines pertaining to the protection of the rights of its students and staff to learn and work in an environment free from unlawful discrimination and harassment. The purpose of this policy is to promote equity in education, equal opportunities for employment, and a safe educational and work environment that fosters mutual respect and positive regard for all persons. Our efforts are focused on protecting students and employees in the following ways: • Non-Discrimination The San Juan School District prohibits discrimination based on the basis of age, color, disability, national origin, pregnancy, race, religion, or sex. • Anti-Harassment No student or employee of the San Juan School District may engage in unlawful harassing conduct that creates either a hostile learning environment
for students or a hostile working environment for staff. • Retaliation Prohibited The San Juan School District prohibits retaliation against an individual because she or he has either opposed an unlawful employment practice, or has made a charge, testified, assisted or participated in an investigation, proceeding or hearing regarding an alleged incident of illegal discrimination or harassment.
Grievances in any of these three categories may be filed as outlined below. This policy provides a fair, expeditious, and uniform process for investigating and resolving claims of illegal discrimination, harassment, or retaliation. All publications and applications including student handbooks shall include the following statement: Non-Discrimination Statement
The San Juan School District does not discriminate on the basis of age, color, disability, national origin, pregnancy, race, religion, or sex in its programs and activities. The following person has been designated to handle inquiries regarding non-discrimination policy: Human Resource Director, San Juan School District, 200 North Main Street, Blanding, Utah 84511, (435) 678-1270. You may also contact the Office for Civil Rights, Denver, CO, (303) 844-5695.
PROCEDURES 4111.2 San Juan School District Board Policy is to provide a work and school environment without sexual discrimination or harassment. Employee-to-employee, employee-to-student and student-to-employee sexual misconduct is especially serious and will be addressed severely.
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SJSD Policy #
Fraternization by district personnel with students outside the school environment may create the perception of inappropriate conduct or may lead to allegations or instances of sexual harassment or child abuse. SEXUAL DISCRIMINATION AND HARASSMENT PROHIBITED On district premises or on district time, no district employee, student, or third party may 4111.2.1 engage in sexual conduct or other discriminatory or harassing conduct as defined below. The District will investigate all reports of violations of this policy and will take steps to stop violations, prevent recurrence, and remedy effects of violations as appropriate. Prohibited sexual conduct on district time or on district premises Employees, students and third parties (including agents and patrons) are prohibited from sexually offensive conduct and sexual discrimination, including but not limited to the following:
1. Sexual advances, requests for sexual favors and sexually motivated
physical conduct;
2. Subtle pressure for sexual activity;
3. Inappropriate or unwelcome touching, patting, pinching, blocking or
brushing against another body;
4. Foul or obscene language or gestures;
5. Display of sexually offensive or suggestive posters, pictures or objects;
6. Sexually offensive verbal harassment including remarks, questions,
teasing, slurs and innuendo;
7. Inappropriate jokes or comments about sex or gender-specific traits;
8. Viewing, printing or transmitting sexually offensive material on a
district computer; and
9. Conduct that is demeaning or derisive and occurs substantially
because of a person's gender.
PROHIBITED CONDUCT BASED ON RACE, GENDER, NATIONAL ORIGIN OR DISABILITY On district time or on district premises, employees, students and third parties (including 4111.2.2 agents and patrons) are prohibited from engaging in the following conduct if the offensiveness or inappropriateness is based on race, national origin or disability:
1. Display of offensive posters, pictures, or objects; 2. Offensive verbal harassment including remarks, questions, teasing, slurs and innuendo; 3. Inappropriate jokes or comments about traits or characteristics; 4. Viewing, printing, or transmitting offensive material on a district computer, and conduct that is demeaning or derisive and occurs substantially because of a person's race, disability or national origin.
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SJSD Policy #
ADDITIONAL PROHIBITED CONDUCT FOR EMPLOYEES AND STUDENTS District employees and district students (except student-age employees who are also 4111.2.3 students in the district) are prohibited from having any kind of romantic interaction with each other. RETALIATION PROHIBITED The district prohibits retaliation against any person who reports violations of this policy or 4111.2.4 participates in processes under this policy. Retaliation includes, but is not limited to intimidation, reprisal and harassment. DUTY TO REPORT & CONFIDENTIALITY 4111.2.5 Every employee has a duty to report violations of this policy, using good judgment and common sense to determine whether there are apparent violations. Any employee aware of a violation of this policy must immediately report to the appropriate district official as designated below. An employee who is aware of a violation and fails to report the violation of this policy is subject to disciplinary action. The district official will respect the confidentiality of reporters and those against whom reports are made as much as possible consistent with the district's legal obligations and the need to investigate violations of this policy and take appropriate remedial action. Reporters are protected from retaliation. Persons who knowingly file a false report are subject to discipline.
HOW TO REPORT HARASSMENT OR DISCRIMINATION 4111.2.6 1. If you are aware of a violation of this policy by an employee, by a third party (a visiting speaker, vendor, patron, etc.), or by a student report immediately to the principal or the Human Resource Director at (435) 678-1270. 2. If you are a student and believe you are a victim of harassment or discrimination and are uncomfortable reporting to the principal or Human Resource Director you may also report to your school counselor. PRINCIPAL'S DUTY 4111.2.7 The following constitutes a principal’s responsibility and course of action when notified of discrimination or harassment violations:
1. Document in writing any report that is made to you. 2. Report alleged violations to the Human Resource Director at (435) 678- 1270 immediately. 3. Unless directed otherwise by the Human Resource Director, screen and investigate the alleged violations. Submit written documentation of your investigation to the Human Resource Director. 4. A principal's failure to immediately notify as indicated above will result in disciplinary action. 5. When assigned to handle any other investigation, submit written documentation of your investigation as directed.
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SJSD Policy #
INVESTIGATION & REMEDY 4111.2.8 The following constitutes the responsibilities of the designated district official when notified of discrimination or harassment policy violations:
1. The designated district official will promptly investigate as appropriate upon receiving a report alleging violation of this policy. The designated district official will take steps as necessary to protect the reporter and other students or employees pending completion of an investigation. 2. The designated district official shall follow the time lines contained in the District’s notice attached to this policy as Attachment 1. 3. The district official will consider the context and surrounding circumstances to determine whether this policy has been violated and to determine any remedy. If this policy has been violated, the district official will take appropriate action based upon the results of the investigation, including employment termination if necessary. The district official will make a decision and initiate any action within 10 working days of completion of the investigation. 4. The investigation may include the opportunity to present witnesses and other information or documents.
EMPLOYEE FRATERNIZATION WITH STUDENTS (See district policy 4310.11.3)
4111.2.9 1. No employee is authorized to meet alone with a student unless it is necessary in the performance of professional duties during school hours on school premises, i.e. counseling, disciplining, instructing, administrative tasks. If an employee assists a group of students with a school assignment during non-school hours, it must be on school premises unless the employee has written permission from the principal to meet elsewhere. 2. Employees are prohibited from being in any private residence with or engaging in any non-school social activity of any kind with students from the attendance school in which the employee works without the prior written permission of the principal. Part- time district employees under the age of 19 who are students of district schools are exempt from this policy's prohibition of social activity with students. The provisions of this policy dealing with student harassment govern conduct of such part-time employees who are also students. 3. School social activities should, whenever possible, be conducted on school premises. When it is necessary to hold school activities off school premises during non-school hours, employees must obtain prior written approval from the school principal. 4. Nothing in this policy will preclude an employee from engaging in activities dictated solely by family, community or church relationships.
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SJSD Policy #
PROVIDING TRANSPORTATION TO STUDENTS 4111.2.10 No employee except an authorized bus driver has authority to provide transportation for any student unless the principal gives express written permission. District employees who receive written permission to provide transportation should not travel alone with a student unless the written permission expressly authorizes the employee to do so. An employee who knows of an apparent violation of this or the previous section will promptly report to the Principal. Nothing in this policy will preclude an employee from transporting the employee's child to or from school, from participating in that child's car pool, or from taking appropriate, prudent measures for student safety. DISSEMINATION OF POLICY 4111.2.11 District and site administrators will take appropriate actions to reinforce this policy, including:
1. Provide annual staff in-service; 2. Provide for all students to receive a copy of and to discuss this policy in a classroom setting in age appropriate ways, early in each school year; and 3. Distribute a notice of this policy in employee handbooks, and notifications sent to students’ homes at the beginning of each school year or in student handbooks. The notice to be used is attached as Attachment 1.
QUESTIONS 4111.2.12 If you have questions about this policy, call the Human Resource Director at (435) 678- 1270.
For additional information see Utah Code/ Constitution:
53A-11a-102 http://le.utah.gov/~code/TITLE53A/htm/53A11a010200.htm 53A-11a-201 http://le.utah.gov/~code/TITLE53A/htm/53A11a020100.htm
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4111.2.13 ATTACHMENT 1 AND COMPLAINT FORM San Juan School District Non-Discrimination and Anti-Harassment Notice and Complaint Procedures ______State Reference: DAA,DAD, DDA, DDB, DKB RPM: July 2000; R:10-21-09; R:04-21-10
San Juan School District prohibits discrimination based on the basis of age, color, disability, national origin, pregnancy, race religion or sex. No student or employee may engage in unlawful harassing conduct. Any student or employee who feels that they have been unlawfully discriminated against, harassed, or has witnessed an unlawful act should report as follows: • Report such conduct to a counselor, supervisor, administrator or the District Human Resource Director within 10 calendar days of the alleged act of discrimination or harassment. • An informal review and/or investigation of the complaint will be conducted at the site of the alleged act. • If the issue is not resolved, a formal complaint should be submitted to the Human Resource Director within 10 calendar days. The Complaint Form is attached to this notice. • The District Human Resource Director or designee will initiate an investigation and inform the complainant within 15 working days. • All investigations will be treated with discretion to protect the privacy of those involved. All efforts will be made to treat the information as confidential; however, absolute confidentiality of all information obtained through an investigation cannot be guaranteed. • An investigation shall be completed as quickly as possible and within 25 working days of receipt of the complaint, unless extenuating circumstances require longer. • Within 10 working days of the completion of the investigation, the District Human Resource Director shall notify all parties of the findings of the investigation. • Nothing in policy or procedure prohibits a person from filing a discrimination or harassment complaint with the Regional Office for Civil Rights: Department of Education, Region VIII, Federal Office Building, 1244 Speer Blvd., Suite 300, Denver, CO 80204.
All questions or inquires may be submitted to: Human Resource Director, San Juan School District, 200 North Main Street, Blanding, UT 84511 Phone: (435) 678-1270 The San Juan School District does not discriminate on the basis of age, color, disability, national origin, pregnancy, race, religion, or sex in its programs and activities. The following person has been designated to handle inquiries regarding non-discrimination policy: Human Resource Director, 200 North Main Street Blanding, Utah 84511, 435.678.1270. You may also contact the Office for Civil Rights, Denver, CO, (303)844-5695.
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COMPLAINT FORM Non-Discrimination and Anti-Harassment for Students and Employees
Personal Information: Name: ______Telephone:______Address: ______I am (check one) ___ Student ___ Employee ___ Patron Location of Discrimination or Harassment: ______Type of Discrimination (check all that apply): ___ Age ___ Color ___ Disability ___ Marital Status ___ National Origin ___ Pregnancy ___ Race ___ Religion ___ Retaliation ___ Sex/Gender ___ Sexual Harassment ___ Other (please describe) ______Additional Information Please describe your concern or complaint in detail including the date the problem occurred. You may attach additional pages as necessary. Please include the following information: • How you or others were treated differently? • Names and positions of those involved including contact information. • Names of individuals who witnessed or are aware of the facts relating to this complaint. • Describe any steps you have taken to address the problem. • Describe your proposed solution to the problem. • If your concerns relate to a disability, state the nature of the disability. ______
I state under criminal penalty of the State of Utah that the foregoing information, including any attached pages, is true and correct.
Signature:______Date:______Submit to: Human Resource Director, San Juan School District, 200 North Main Street, Blanding, UT 84511 Phone: (435) 678-1270 Fax: (435) 678-1280 The San Juan School District does not discriminate on the basis of age, color, disability, national origin, pregnancy, race, religion, or sex in its programs and activities. The following person has been designated to handle inquiries regarding non-discrimination policy: Human Resource Director, 200 North Main Street Blanding, Utah 84511, 435.678.1270. You may also contact the Office for Civil Rights, Denver, CO, (303)844-5695.
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Interfering Devices
SJSD Policy # PURPOSE 6568.1 While in some instances the possession and use of electronic communication devices or other devices or objects by a student at a school may be appropriate, often the possession and use of such devices or objects by students at school can have the effect of distracting, disrupting and intimidating others in the school setting and leading to opportunities for academic dishonesty and other disruptions of the educational process. The purpose of this policy is to vest in school administrators' authority to enforce reasonable rules relating to such objects or devices in the public schools.
DEFINITIONS
Interfering device: a device or object which does not constitute a weapon or 6568.2 explosive but may, if used or engaged, interfere with the educational process for either the student possessing or using the object or for other students. Examples:
cameras, lasers, laser pens or pointers, radios, portable CD players, mp3 players, any electronic communication device (defined below), or other electronic equipment or
devices.
Electronic communication device: a device that allows a person to record and/or transmit, on either a real time or delayed basis, sound, video or still images, text, or
other information. This includes telephones, camera telephones, two-way radios or video broadcasting devices, pagers, and any other similar devices.
Camera: any device used for taking still or motion pictures, whether in a digital or other format.
INTERFERING DEVICES Except as set forth below, a student may possess, but may not operate or engage, any 6568.3 interfering device during school hours or at school functions, unless specifically authorized in advance by the school personnel in charge of the class or activity.
ELECTRONIC COMMUNICATION DEVICES AND CAMERAS It is school district policy that students and others in the public schools should not be 6568.4 subject to video or audio capture, recording or transmission of their words or images by any student at a school without express prior notice and explicit consent for the capture, recording or transmission of such words or images. There are certain situations where the possession or use of electronic communication devices and cameras is absolutely prohibited within the public school. In addition to those circumstances where possession or use of electronic communication devices and cameras is absolutely prohibited by this policy, school administrators and classroom teachers may prohibit the possession or use of such devices at specific times and in specific circumstances. During any time when a student is scheduled to be in class or involved in a regular school activity, it is a violation of policy for the student to have in his
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SJSD Policy #
or her possession an electronic communication device or camera which is in the “on” position and ready to receive, send, capture, or record any communication, visual image, sound, text message, or other information. An electronic communication device or camera which is being handled or manipulated in a manner that would cause a person to believe it is in an "on" position would be considered on for purposes of this policy. Electronic communication devices and cameras may not be possessed, activated or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances include but are not limited to locker rooms, shower rooms, restrooms and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The principal or director of the school is hereby given authority to make determinations as to other specific locations and situations where possession of electronic communication devices and cameras is absolutely prohibited. At no time may any electronic communication device or camera be utilized by any student in a way which might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated.
6568.5 SANCTIONS
CONFISCATION OF DEVICE For each observed violation of this policy, it shall be the duty of the school teacher or 6568.5.1 administrator observing the violation to immediately confiscate the interfering device. Furthermore, the school may take additional disciplinary action as described more generally in district policies. The confiscated device shall be forwarded to the principal’s office together with the name of the person from whom the device was confiscated. The school office shall make arrangements to notify the parent / guardian of the student from which the device was confiscated and arrange for the parent or guardian to pick up that device at the school office.
DISCIPLINARY ACTIONS Any use of an electronic communication device or camera to record sounds or images or 6568.5.2 otherwise capture material in an unauthorized setting or at an unauthorized time shall subject the user of the device to increased discipline based on the circumstances and whether the student has been involved in prior violations of this policy. The use of any interfering device or any electronic communication device or camera to threaten, intimidate or embarrass another or to capture and transmit test information or any other information in a manner constituting fraud, theft, or academic dishonesty will result in an immediate suspension of not less than three (3) days or more than ten (10) days. The use of any interfering device in a manner which may be physically harmful to another person, such as shining a laser in the eyes of another student, will result in an immediate suspension of not less than three (3) days or more than ten (10) days. When a student repeatedly engages in such behavior, the punishment may be increased as is appropriate.
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For additional information see Utah Code/ Constitution:
53A-3-402(15) http://le.utah.gov/~code/TITLE53A/htm/53A03_040200.htm
53A-11-901 http://le.utah.gov/~code/TITLE53A/htm/53A11_090100.htm
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Alcohol/Drugs/Tobacco
SJSD Policy # POLICY San Juan School District Board of Education recognizes that the possession, use, or distribution of 6570.1 illegal drugs, alcoholic beverages, or other prohibited substances constitute a hazard to students and is disruptive to the educational process. The Board mandates, consistent with federal and state law, the development and implementation of programs that: 1. Provide information about the harmful effects of drug and alcohol use, 2. Coordinate school and parent cooperation in preventing drug and alcohol use, and 3. Assist parents of students who use drugs or alcohol in seeking professional help from public and private educational and rehabilitative agencies. The Board delegates to the Administration, responsibility for providing: 1. Drug and alcohol use prevention programs, 2. Disciplinary procedures and consequences for students who possess, use, or distribute illegal drugs, alcoholic beverages, or prohibited substances on school district property, during school hours, or at school functions, and 3. Support for students and families in drug and alcohol use identification and prevention efforts. ADMINISTRATION The San Juan School District recognizes the need to prevent the possession, use, and distribution of 6570.2 illegal drugs, alcoholic beverages, and other substances prohibited in the guidelines of this policy. Therefore, student possession, use, or distribution of any substance listed in the guidelines of this policy is prohibited on school district property, during school hours, and at any school-sponsored extra-curricular program or activity including those held off of the school property.
6570.3 GUIDELINES
PROHIBITED ILLEGAL SUBSTANCES:
1. All substances defined as illegal in Utah Code §58-37-1 et seq. 6570.3.1 2. Alcoholic beverages as defined in Utah Code §32B-1-102.
3. Any psycho toxic chemical substance used illegally as defined in Utah Code §76-10-107.
6570.3.2 ILLEGAL SUBSTANCE VIOLATIONS
POSSESSION (Personal or Property) or Use (Consumption, Inhalation, or Injection) 6570.3.2.1 1. First Violation A student possessing or using prohibited illegal substances for the first time will be suspended from school pending a meeting with the school administrator and parents. At the meeting the student and parents will be given a choice between the following two disciplinary consequences: 1) The student will be placed in a home-based alternative education program for ten (10) school days. Parents will be required to coordinate homework assignments with a designated school representative. 2) The student and his/her parent(s) will enroll in an Early Intervention Drug and Alcohol Class. The student will be able to return to school after attending the first session of the class. Parents will be required to coordinate homework assignments with a designated school 51
SJSD Policy #
representative during the intervening time. If the requirements of the class are not met, the student will automatically be placed in a home-based alternative education program for ten (10) school days less the number of school days missed during the intervening time between the violation and the first class session. 2. Second Violation A student possessing or using prohibited illegal substances for the second time will be suspended from school pending a meeting with the school administrator and parents. At the meeting, the student will be placed in a home-based alternative education program for forty- five (45) school days. In addition, the student who has a second violation must submit to a written assessment for potential substance dependence. A confirmation of the assessment must be received by the director of the district’s student support services before the student is readmitted to school. 3. Third Violation A student possessing or using prohibited illegal substances for the third time will be suspended from school pending a meeting with the school administrator and parents. At the meeting, the student will be placed in a home-based alternative education program for one-hundred eighty (180) school days. In addition, the student who has a third violation must submit to a written assessment for potential substance dependence. A confirmation of the assessment must be received by the director of the district’s student support services before the student is readmitted to school. Illegal Substance Possession Violations
• 10 days of home-based alternative education, or
• Enroll in and complete an Early Intervention Drug and 1st Violation Alcohol Class
• 45 days of home-based alternative education, and • Submit to a written assessment for potential substance 2nd Violation abuse
• 180 days of home-based alternative education, and • Submit to a written assessment for potential substance 3rd Violation abuse
DISTRIBUTION (Selling, Sharing, or Delivering) 6570.3.2.2 1. First Violation A student distributing prohibited illegal substances for the first time will be suspended from school pending a meeting with the school administrator and parents. At the meeting, the student will be placed in a home-based alternative education program for forty-five (45) school days. In addition, the student who has a distribution violation must submit to a written assessment for potential substance dependence. A confirmation of the assessment must be received by the director of the district’s student support services before the student is readmitted to school. 2. Second Violation A student possessing, using, or distributing prohibited illegal substances following a first distribution violation will be suspended from school pending a meeting with the school administrator and parents. At the meeting, the student will be placed in a home-based alternative education program 52
SJSD Policy #
for one-hundred eighty (180) school days. In addition, the student who has a second violation must submit to a written assessment for potential substance dependence. A confirmation of the assessment must be received by the director of the district’s student support services before the student is readmitted to school. Illegal Substance Distribution Violations
• 45 days of home-based alternative education, and
• Submit to a written assessment for potential substance 1st Violation abuse
• 180 days of home-based alternative education, and • Submit to a written assessment for potential substance 2nd Violation abuse
PROHIBITED MEDICATION SUBSTANCES
6570.3.3 1. Prescription medications in excess of a recommended 8-hour dosage. 2. Over-the-counter medications in excess of a recommended 8-hour dosage.
6570.3.4 MEDICATION SUBSTANCE VIOLATIONS
POSSESSION (Personal or Property) 6570.3.4.1 1. First Violation A student possessing medication substances (over-the-counter or prescription medications in excess of a recommended 8-hour dosage) for the first time will be suspended pending a meeting with the school administrator and parents. At the meeting, this policy will be reviewed and written documentation of the violation will be placed in the student’s disciplinary file. The student will be readmitted to school after the meeting.
NOTE: The provisions of this section apply only to possession of over-the-counter or prescription medications in excess of a recommended 8-hour dosage. Distribution of any amount of over-the-counter or prescription medication is prohibited and will be dealt with according to the distribution guidelines outlined in this policy.
2. Second Violation A student possessing medication substances in excess of a recommended 8-hour dosage for the second time will be suspended from school pending a meeting with the school administrator and parents. At the meeting the student and parents will be given a choice between the following two disciplinary consequences: A. The student will be placed in a home-based alternative education program for ten (10) school days. Parents will be required to coordinate homework assignments with a designated school representative. B. The student and his/her parent(s) will enroll in an Early Intervention Drug and Alcohol Class. The student will be able to return to school after attending the first session of the class. Parents will be required to coordinate homework assignments with a designated school representative during the intervening time. If the requirements of the class are not met, the student will automatically be placed in a home-based alternative education program for ten
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(10) school days less the number of school days missed during the intervening time between the violation and the first class session. Medication Substance Possession Violations
1st Violation 2nd Violation
10 days of home-based alternative education Suspended pending meeting with school
administrator and Enroll in and complete parents an Early Intervetion Drug and Alcohol Class
DISTRIBUTION (Selling, Sharing, or Delivering) 1. First Violation 6570.3.4.2 A student distributing substances listed in Guideline C.1.b. (over-the-counter medications) for the first time will be suspended pending a meeting with the school administrator and parents. At the meeting, this policy will be reviewed. Disciplinary consequences for distributing over-the-counter medication will be determined by the school administration based on the severity of the violation. A student distributing prescription medications for the first time or over-the-counter medications for the second time will be suspended from school pending a meeting with the school administrator and parents. At the meeting, the student will be placed in a home-based alternative education program for forty-five (45) school days. In addition, the student who has a distribution violation must submit to a written assessment for potential substance dependence. A confirmation of the assessment must be received by the director of the district’s At-Risk Programs before the student is readmitted to school. 2. Second Violation A student distributing prescription medications for the second time will be suspended from school pending a meeting with the school administrator and parents. At the meeting, the student will be placed in a home-based alternative education program for one-hundred eighty (180) school days. In addition, the student who has a distribution violation must submit to a written assessment for potential substance dependence. A confirmation of the assessment must be received by the director of the district’s student support services before the student is readmitted to school. Medication Substance Distribution Violations
2nd Violation 1st Violation (prescription)
1st offense over-the- Suspended pending meeting 180 days of home-based with school admin and parents counter (OTC) alternative education Written assessment for st 1 offense 45 days of home-based potential substance prescription or alternative education + nd dependence 2 offense OTC written assessment
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TOBACCO 6570.3.5 1. Tobacco use by a student, on school property or District property, and at school-sponsored functions away from school property is strictly prohibited. 2. Possession of tobacco or tobacco paraphernalia (including lighters and matches) by a student is strictly prohibited. 3. No tobacco advertising will be permitted in any form in school buildings, at school functions, or in school publications. 4. Endorsement or sponsorship in any form of any school-related event by tobacco companies is strictly prohibited. 5. Student clothing and other articles of attire worn at school or on District property may not display advertisements for, endorsements of, or implications of tobacco, tobacco companies, or tobacco use in any form. 6. The sale, delivery, transfer or distribution of tobacco in any form or tobacco paraphernalia by a student to anyone under age 19, is strictly prohibited when it occurs in a school building, in or on school district property, within 1000 feet of school property, or within 1000 feet of any school- sponsored activity. 7. All San Juan School District students in grades K through 12 will receive age-appropriate instruction regarding avoidance of tobacco use. All elementary school teachers will be required to incorporate tobacco use prevention in to their health unit curriculum. All health teachers at the middle school and high school levels shall incorporate tobacco prevention information into their yearly curriculum. Teachers are encouraged to use research-based Best Practice curriculum, such as Get Real About Tobacco or Prevention Dimensions. 8. San Juan School District will provide all students access to school-based tobacco cessation classes to help them quit using tobacco. In addition to offering END (Ending Nicotine Dependence) classes for violations of policies #1 and #2 above, these classes will also be advertised throughout San Juan County and its schools. Any student who is interested in quitting tobacco use may take these classes on a voluntary basis. Students will not be penalized in any way for requesting to take the END class on a voluntary basis. The school will make every effort to assist the student in accessing this program. 9. Enforcement of these policies will begin with the school principal. Teachers and authorized school staff may also assist in this enforcement. Local law enforcement will also be used for violations stated in this policy and in accordance to Utah State tobacco laws. In the event that any student violates the above policies the following will occur: A. First violation: A school administrator will refer the student to local law enforcement and (s)he will be processed through the court system according to Utah laws. The student will also be given the option of registering for an END class. B. Subsequent violations: The student will be suspended for the day and referred to local law enforcement.
PROCEDURES 6570.3.6 1. Due process procedures outlined in policy 6510 -Student Conduct & Discipline will be followed in the administration of this policy 2. All illegal violations covered by this policy will be reported to an appropriate law enforcement agency. San Juan School District will enforce the disciplinary consequences outlined in this policy independent of any court action. 3. Students apprehended by school district employees or law enforcement officials for illegal violations covered by this policy while off-campus during regular school hours shall be subject to the guidelines of this policy.
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4. Resorting occurs when a student is apprehended by school district employees or law enforcement officials for being present where illegal substances listed in the guidelines of this policy are being used or possessed and the use or possession is open, obvious, apparent, and not concealed. Resorting violations will be dealt with according to policy 6570.3.2.1. 5. Students found in possession of drug paraphernalia as defined in Utah Code §58-37a will be dealt with according to policy 6570.3.2.1. 6. During the time a student is on the home-based alternative education program, the student may not be a spectator or participant in any school-sponsored extra-curricular program or activity including those held off of the school property. 7. If the designated days of home-based alternative education cannot be completed by the end of the regular school year, the home-based alternative education program must be completed at the beginning of the following school year. 8. If a senior is placed on the home-based alternative education program, and that placement coincides with the end of the school year, the student will not be allowed to participate in graduation exercises. The diploma will be awarded upon completion of the home-based alternative education program and all other graduation requirements. 9. District personnel will assist with identifying appropriate agencies qualified to make written assessment of potential substance dependence for students who violate the guidelines of this policy. These assessments will be at the expense of the parent(s). 10. Records will be maintained on all violations. A student with more than one violation will be considered a repeat offender even if the earlier violation(s) occurred in a prior school year or a different school in the district. 11. In addition to the disciplinary consequences outlined in this policy, a student will be suspended or removed from participation in leadership positions, candidacy for leadership positions, school organizations, and athletic teams upon violations of the guidelines covered in this policy. 12. Educators are required to report information of suspected substance abuse among students to their parents. When student substance abuse is suspected, educators will complete a Suspected Abuse Report form and submit it to the designated school administrator for referral to parents. San Juan School District and its employees will not be held responsible for any costs that result from the information provided on the Suspected Abuse Report form. 13. San Juan School District will award credit for education when students are in drug and/or alcohol use treatment programs. The treatment program must meet the Utah State Department of Human Services license qualifications.
A. One (1.0) elective credit may be earned for completion of an in-patient treatment program.
B. Required and elective credit may also be earned during in-patient treatment through participation in an accredited educational program. A maximum of five and one-half (5.5) instructional hours per day may be applied toward credit. C. One (1.0) elective credit may be earned for participation in an approved aftercare program. The student must submit a schedule of the aftercare program and verification of regular attendance. One-quarter (.25) credit will be awarded for each forty-five (45) hours of aftercare participation.
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SJSD Policy #
NOTICE 6570.4 The following notice shall be provided to all students of the school district:
YOU ARE HEREBY NOTIFIED that use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful and that it is a violation of the policy of this school district for any student to distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or unlawfully manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance as defined in schedules I through V of section 202 of Controlled Substance Act (21 U.S.C. § 812) and as further defined by regulation at C.F.R. 1300.11 through 1300.15, before, during, or after school hours, at school or in any other school district location as defined below. “School District Location” means in any school building and on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or other school activities; off-school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, or during any period of time when the student is under the supervision of school district personnel or otherwise engaged in a school district activity. Any student who violates the terms of the school district’s Drug and Alcohol Policy is subject to the discipline outlined in the school district’s policy including all disciplinary sanctions consistent with local, state, and federal law, up to and including expulsion and referral for prosecution and/or completion of an appropriate rehabilitation program
YOU ARE FURTHER NOTIFIED that compliance with this policy is mandatory. Section 5145 of the Drug Free Schools and Community Act (Public Law 101-226).
For additional information see Utah Code/ Constitution:
58-37-2 http://le.utah.gov/~code/TITLE58/htm/58_37_000200.htm 32B-1-102 http://le.utah.gov/~code/TITLE32B/htm/32B01_010200.htm 76-10-107 http://le.utah.gov/~code/TITLE76/htm/76_10_010700.htm 53A-11-401 http://le.utah.gov/~code/TITLE53A/htm/53A11_040100.htm 53A-11-402 http://le.utah.gov/~code/TITLE53A/htm/53A11_040200.htm
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