No. 5114

STUDENTS

Series 5000

Discipline and Punishment

Policy

The following policy is effective for the 2007-08 school year.  Prior to the start of the 2008-09 school year, the District will revise/replace this policy with an updated version to reflect the provisions of Public Act 07-66, which concerns in-school suspensions and will go into effect July 1, 2008).

It is the policy of the Region 15 Board of Education that:

I.

DEFINITIONS

A.

“Exclusion” is any denial of public school privileges to a student for disciplinary purposes.

B.

“Removal” is an exclusion from a classroom for all or part of a single class period, provided such exclusion shall not extend beyond ninety (90) minutes.

C.

“Suspension” is an exclusion from school and/or transportation services for not more than ten (10) consecutive school days, provided such exclusion shall not extend beyond the end of the school year in which such suspension was imposed.  No student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless the student is granted a formal hearing as provided below.

D.

“In-school suspension” is an exclusion from regular classroom activity for not more than five (5) consecutive school days, but not an exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed. No student shall be placed on in-school suspension more than fifteen (15) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion.

E.

“Expulsion” is an exclusion from school privileges for more than ten (10) consecutive school days.  The expulsion period may not extend beyond one calendar year.

F.

“Emergency” is a situation under which the continued presence of the student in the school imposes such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.

G.

“School Days” are days when school is in session for students.

H.

“School sponsored activity is any activity sponsored, recognized, or authorized by the Board of Education and includes activities conducted on or off school property.

I.

“Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property.

J.

“Deadly weapon” means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.  A deadly weapon is one which is designed for violence and which is capable of inflicting death or serious bodily harm and may include pellet guns and/or air soft pistols.  This is not an all-inclusive list.  

K.

“Dangerous instrument” means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a motor vehicle and a dog that has been commanded to attack.

L.

“Firearm” means 1) any weapon (including a starter gun) which will or is designed to, or may be readily converted to expel a projectile by the action of an explosive; 2) the frame or receiver of any such weapon; 3) any firearm muffler or firearm silencer; or 4) any destructive device. It does not include any antique firearm, a rifle intended to be used by the owner solely for sporting, recreational or cultural purposes. For purposes of this definition, “destructive device” means any explosive, incendiary, or poisonous gas-device, including a bomb, grenade, rocket having a propellant charge of more than 4 ounces, missile having an explosive or incendiary charge of more than 1/4 ounce, mine, or any other device similar to any of the weapons described herein.  This is not an all-inclusive list.

M.

“Vehicle” means a “motor vehicle” as defined as Section 14-1 of the Connecticut General Statutes, snow mobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail.

N.

“Electronic defense weapon” means a weapon which by electronic impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious physical injury.

0.

“Martial arts weapon” means a nunchaku, kama, kasari-fundo, octagon sai, tonfa, or chinese star.  This is not an all-inclusive list.

P.

“Seriously disruptive of the educational process” means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.

Q.

“Weapon”, as this term is used when considering whether conduct off school grounds is seriously disruptive of the educational process, means any BB gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release devise by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches and over in length, any martial arts weapon or electronic defense weapon as defined above, or any other dangerous or deadly weapon or instrument, unless permitted by law under section 29-38 of the Connecticut General Statutes.

R.

Notwithstanding the definitions above, the reassignment of a student from one regular education classroom program in the district to another regular education classroom program in the district shall not constitute a suspension or expulsion.

II.

SCOPE OF THE STUDENT DISCIPLINE POLICY

A.

Students may be disciplined for conduct on school grounds or at any school-sponsored activity that 1) endangers persons or property; or 2) is seriously disruptive of the educational process; or 3) that violates a publicized policy of the Board.

B.

Students may be suspended or expelled for conduct off school grounds if such conduct 1) is seriously disruptive of the educational process; and 2) violative of a publicized policy of the Board.  In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration and/or the Board may consider, but are not limited to, the following factors:

1.

Whether the incident occurred within close proximity of a school;

2.

Whether other students from the school were involved or whether there was any gang involvement;

3.

Whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in Conn. Gen. Stat. § 29-38, and whether any injuries occurred; or

4.

Whether the conduct involved the use of alcohol.

In making a determination as to whether such off-campus conduct is seriously disruptive of the educational process, the Administration and/or the Board may also consider whether the off-campus conduct involved the use of drugs.

III.

CONDUCT WHICH MAY LEAD TO DISCIPLINARY ACTION

Conduct which may lead to disciplinary action (including, but not limited to, removal from class, suspension and/or expulsion) includes conduct on school grounds or at a school-sponsored activity, and conduct off school grounds (as set forth above).  Such prohibited conduct includes, but is not limited to, the following:

1.

Conduct causing a threat of injury to the student or others;

2.

Striking, assaulting, or use of physical force against another person;

3.

Theft;

4.

The destruction of, or attempt to cause, damage to, real, personal, or school property;

5.

Unauthorized entrance into any school facility or portion of a school facility or aiding or abetting an unauthorized entrance.

6.

A walk-out from, or sit-in within, a classroom, school building, or school grounds.

7.

Intentional incitement which results in an unauthorized occupation of any part of a school facility or school property;

8.

Any act of harassment based on an individual’s sex, sexual orientation, race, color, religion, disability, national origin, or ancestry;

9.

Blackmailing, threatening or intimidating school staff or students (or acting in a manner that could be construed as blackmail, a threat, or intimidation, regardless of whether intended as a joke);

10.

Unauthorized possession, sale, distribution, use, or consumption or aiding in the procurement of tobacco, drugs, narcotics or alcoholic beverages (or any facsimile of tobacco, drugs, narcotics or alcoholic beverages, or any item represented to be such items).  For purposes of this policy, “drugs” include, but are not limited to, any medicinal preparation (prescription and non-prescription) and any controlled substances whose possession, sale, distribution, use or consumption is illegal under state and/or federal law.

11.

Unauthorized possession of paraphernalia used or designed to be used in the consumption, sale, or distribution of drugs, alcohol, or tobacco.

12.

Knowingly being in the presence of those who are in possession of, using, selling, distributing, consuming, or under the influence of any drug, alcohol, or tobacco product, including narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, alcoholic beverages, or intoxicants of any kind;

13.

Possession or transmission of any weapon, weapon facsimile, deadly weapon, pistol, knife, blackjack, bludgeon, box cutter, metal knuckles, pellet gun, air pistol, explosive device, martial arts weapon, firearm (whether loaded or unloaded, functional or not), or any other dangerous instrument, dangerous object, or facsimile thereof; possession of any ammunition for any weapon described in this paragraph.

14.

Possession or ignition of any fireworks or other explosive materials, or ignition of any material causing a fire.

15.

Using or copying the academic work of another and presenting it as the student’s own work without proper attribution;

16.

Refusal to obey a member of the school staff, law enforcement authorities or school volunteers, including refusal by a student to identify himself/herself when asked, misidentification of oneself to such person, verbal abuse or disruptive classroom behavior, lying to school officials or otherwise engaging in dishonest behavior;

17.

Intentional and successful incitement of truancy by other students;

18.

Accumulation of offenses such as school and class tardiness, class or study hall cutting, or failure to attend detention;

19.

Trespassing on school grounds while on an out-of-school suspension or expulsion;

20.

Making false bomb threats or other threats to the safety of students, staff members or others;

21.

Throwing snowballs, rocks, sticks and/or similar objects, except as specifically authorized by school staff;

22.

Unauthorized, reckless or improper operation of a motor vehicle on school grounds or at a school-sponsored activity;

23.

Leaving school grounds, school transportation or a school-sponsored activity without authorization;

24.

Possession and/or use of a laser pointer;

25.

Hazing;

26.

Bullying;

27.

The use of obscene or profane language or gestures; or the unauthorized possession and/or display of images, pictures or photographs depicting nudity, obscenity or pornographic images;

28.

Possession and/or use of a cellular phone, radio, walkman, CD player, personal data assistant, walkie talkie or similar electronic device in violation of Board policy, regulations or school rules.

29.

Possession and/or use of a beeper or paging device on school grounds or at a school-sponsored activity without the written permission of the principal or his/her designee.

30.

Unauthorized use of any school computer, computer system, computer software, Internet connection or similar school property or system, or the use of such property or system for unauthorized purposes.

31.

Violation of any federal or state law, including possession of, distributing, or using any material which is illegal,

32.

Violation of any other Board policy, regulation, or rule dealing with student conduct, including those dealing with smoking, dress, and conduct on school buses.

33.

Sale, distribution, or consumption of substances contained in household items (i.e. glue, paint, aerators for whipped cream etc.) if used, consumed, sold, or distributed for use as a stimulant, depressant, hallucinogen or a mind-altering effect.

IV.

REMOVAL FROM CLASS

A.

Each teacher or administrator shall have the authority to remove a student from class when such student deliberately causes a serious disruption of the educational process within the classroom.

B.

Whenever a student is removed from the classroom, such teacher/administrator shall send the student to a designated area and shall immediately inform the building principal or his/her designee as to the name of the student against whom such disciplinary action was taken and the reason therefore.

C.

A student may not be removed from class more than six (6) times in one school year nor more than twice in one week unless the student is referred to the building principal or designee and granted an informal hearing at which the student should be informed of the reasons for the removal and given an opportunity to explain the situation.

D.

The parents or guardian of any minor student removed from class shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of such removal from class. 

V.

SUSPENSION PROCEDURE

A.

The administration of each school is authorized to suspend a student for a period of up to ten (10) consecutive school days, for one or more of the reasons stated in Section III, above.  Such suspension may include suspension from transportation services.  In the event of a suspension, the following procedures shall be followed;

1.

Unless an emergency situation exists, no student shall be suspended before having an informal hearing before the principal or designee at which the student is informed of the charges and given an opportunity to respond.  The administration shall then determine whether or not suspension is warranted. In the event of an emergency, the informal hearing shall be held as soon as possible after the suspension. 

2.

In determining the length of a suspension period, the administration may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, in-school suspension, suspension or expulsion of the student who is the subject of the informal hearing.  Evidence of past disciplinary problems shall be considered only in determining the length of a suspension.

3.

No student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, without first convening an expulsion hearing as provided in Section VIII of this policy.

4.

The principal or designee shall make reasonable attempts to immediately notify the parent or guardian of a minor student by telephone following the suspension and to state the conduct leading to the suspension.

5.

The principal or designee shall forward a letter promptly to the parent or guardian of a minor student to the last known address reported on school records, offering the parent or guardian an opportunity for a conference to discuss the suspension.  In all cases, the parent or guardian of any minor student who has been suspended shall be given notice of the suspension within twenty-four (24) hours of the time of the institution of the suspension.

6.

Not later than twenty-four (24) hours after the commencement of the suspension, the administration shall notify the superintendent of schools as to the name of the student who has been suspended and the reason for suspension.

7.

Any student who is suspended shall be given an opportunity to complete any class work including, examinations, without penalty, missed during the period of his/her suspension.

8.

The school administration may, in its discretion, shorten or waive the suspension period for a student who has not previously been suspended or expelled, if the student completes an administration-specified program and meets any other conditions required by the administration.  Such administration-specified program shall not require the student or the student’s parents to pay for participation in such program.

9.

Whenever a student is suspended, notice of the suspension and the conduct for which the student was suspended shall be included on the student's cumulative educational record. Such notice shall be expunged from the cumulative educational record if the student graduates from high school.  In cases where the student’s period of suspension is shortened or waived in accordance with Section V.A(8) above, the administration may choose to expunge the suspension notice from the cumulative record at the time the student completes the administrative-specified program and meets any other conditions required by the administration, whichever is earlier.

10.

During the period of suspension, the student shall not be permitted to be on school property and shall not be permitted to attend or participate in any school-sponsored activities, unless specifically authorized by the principal.

11.

The decision of the administration with regard to disciplinary actions up to and including suspensions shall be final.

B.

In cases where a suspension will result in the student being suspended more than ten (10) times or for fifty (50) days in a school year, whichever results in fewer days of exclusion, the student shall, prior to suspension, be granted a formal hearing before the Board in accordance with Section VIII, below.

VI.

IN-SCHOOL SUSPENSION PROCEDURE