Lewisburg Area School District Policies	Printable version
218 Student Discipline The Board finds that student conduct is closely related to learning. An effective educational program requires a safe and orderly school environment. Corporal punishment - physical punishment of a student for an infraction of the discipline policy. The Board shall establish fair, reasonable and nondiscriminatory rules and regulations regarding the conduct of all students in the school district during the time they are under the supervision of the school or at any time while on school property, while present at school-sponsored activities, and while traveling to or from school and school-sponsored activities. The Board shall adopt a Code of Student Conduct to govern student discipline, and students shall not be subject to disciplinary action because of race, sex, color, religion, sexual orientation, national origin or handicap/disability. The Board prohibits the use of corporal punishment by district staff. Each student must adhere to Board policies and the Code of Student Conduct governing student discipline. In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies. Off-Campus Activities This policy shall also apply to student conduct that occurs off school property and would otherwise violate the Code of Student Conduct if any of the following circumstances exist: 1. The conduct occurs during the time the student is traveling to and from school or traveling to and from school-sponsored activities, whether or not via school district furnished transportation. 2. The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from such activities. 3. Student expression or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school. 4. The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a transaction conducted outside of school pursuant to an agreement made in school, that would violate the Code of Student Conduct if conducted in school. 5. The conduct involves the theft or vandalism of school property. 6. There is otherwise a nexus between the proximity or timing of the conduct in relation to the student's attendance at school or school-sponsored activities. Any student disciplined by a district employee shall have the right to notice of the infraction. Suspensions and expulsions shall be carried out in accordance with Board policy. Corporal Punishment The Board prohibits the use of corporal punishment to discipline students for violations of Board policies and district rules or regulations. Reasonable force may be used by staff, teachers and school authorities under any of the following circumstances: to quell a disturbance, obtain possession of weapons or other dangerous objects, for the purpose of self-defense, and for the protection of persons or property. The Superintendent or designee shall ensure that reasonable and necessary rules and regulations are developed to implement Board policy governing student conduct. The Superintendent or designee shall publish and distribute to all staff, students and parents/guardians the rules and regulations for student behavior contained in the Code of Student Conduct, the sanctions that may be imposed for violations of those rules, and a listing of students’ rights and responsibilities. A copy of the Code of Student Conduct shall be available in each school library and school office. The building principal shall have the authority to assign discipline to students, subject to Board policies, district rules and regulations and to the student's due process right to notice, hearing, and appeal. Teaching staff and other district employees responsible for students shall have the authority to take reasonable actions necessary to control the conduct of students in all situations and in all places where students are within the jurisdiction of this Board, and when such conduct interferes with the educational program of the schools or threatens the health and safety of others. Referral To Law Enforcement And Reporting Requirements For reporting purposes, the term incident shall mean an instance involving an act of violence; the possession of a weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or tobacco; or conduct that constitutes an offense listed under the Safe Schools Act. The administration or designee shall immediately report required incidents and may report discretionary incidents committed by students on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies. The administration or designee shall notify the parent/guardian of any student directly involved in an incident as a victim or suspect immediately, as soon as practicable. The administration or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The administration or designee shall document attempts made to reach the parent/guardian. The Superintendent shall be notified of all referrals to law enforcement. The Superintendent shall report to the Board the methods of discipline imposed by administrators and incidences of student misconduct, in the degree of specificity required by the Board. In accordance with state law, the Superintendent shall annually, report all new incidents to the Office for Safe Schools on the required form. General 1. Types of discipline shall include optional school service, detention, in-school suspension, out-of-school suspension, and expulsion. 2. Building principals, assistant principals, and/or persons in charge of a school building shall have the authority to impose all types of discipline, except expulsion, to students. In-school and out-of-school suspension require due process of notice, hearing, and appeal and shall be imposed pursuant to the School Code (24 P.S. 13-1318) and 22 PA Code, Chapter 12. 3. Teachers can impose detention. 4. The control of student misconduct by the threat or practice of corporal punishment is prohibited. However, teaching staff members and other district employees who have authority over students shall have the authority right to take such reasonable actions as may be necessary to control disorderly student conduct in all situations and in all places where students are under the Board's jurisdiction and when such disorderly conduct interferes with the educational program of the schools or threatens the health and safety of others or school owned or leased property. Types Of Discipline Optional School Service – 1. Optional school service is service a student chooses to perform for the district in lieu of other disciplinary action except out-of-school suspension and expulsion. If optional school service is presented to the student in lieu of detention or in-school suspension, the type of optional service shall be identified by the student from a prepared and approved optional school service program established by the building principal for the purpose of meeting these discipline guidelines. 2. A contract shall be written between the student's building principal and the student. This contract shall indicate the type of optional service which is to be performed, when the optional service is to be provided, the number of optional service hours to be performed, and who will oversee the student during the performance of the optional service. This contract shall require the signature of the student, the student's parent/guardian, and the student's building principal. 3. If the student does not fulfill the contract satisfactorily, the alternative original discipline action for the infraction shall be applied. 4. The student's parents/guardians shall be notified by phone or letter of the infraction and the student's choice of optional school service in lieu of other forms of discipline except out-of-school suspension and expulsion. Detention – 1. Detention is the restriction of a student from his/her normal activity before or after the normal school day or on a nonschool day. 2. A student who is assigned detention shall be informed of the reason(s) for the detention. 3. Students who fail to comply with school rules and regulations as defined by this policy, by the student handbook, or by a teacher's classroom procedures are subject to detention according to the following: a. Detention may be scheduled before or after school for a maximum of one (1) hour. Detention on a nonschool day may be for a longer period of time. b. Students must report to the detention site on school property with appropriate school work to be completed. Students must be engaged in purposeful school work while serving detention. c. Parents/Guardians are responsible for student transportation to or from the home or school. d. No student will be required to serve detention for more than three (3) consecutive school days without the approval of his/her principal, assistant principal, or person in charge of his/her school building. e. Students who fail to abide by the detention provi¬sions in this policy may be subject to the in-school suspension, out-of-school suspension, and/or expulsion provisions of this policy. In-School Suspension – 1. In-school suspension is the exclusion of a student from attending his/her scheduled classes and is assigned to a designated room or area within the school. Provisions are made for the student to complete educational assignments during the suspension. 2. No student may receive an in-school suspension unless the student has been informed of the reason(s) for the suspension and has been given an opportunity to respond before the suspension becomes effective. When the health, safety, or welfare of the school community is threatened, prior notice of the intended suspension need not be given. 3. Communication to the parents/guardians shall follow the action(s) taken by the school. 4. When the in-school suspension exceeds ten (10) consecutive school days, an informal hearing with the principal shall be offered to the student and the student's parents/guardians prior to the eleventh (11th) school day in accordance with the procedures in section entitled Hearings, page 8 of this policy. 5. The school district has the responsibility to make provision for the student's education during the period of the in-school suspension. 6. A student excluded from all classes during a school day shall not participate in or attend any school-sponsored extracurricular activity during that calendar day. Out-of-School Suspension – 1. Out-of-school suspension is the exclusion of a student from school for a period from one (1) to ten (10) consecutive school days. An excluded student is prohibited from attending school and occupying school property, including scheduled classes, extracurricular activities, and school events. Provisions are made for the student's educational assignments upon his/her return to school. 2. No student shall be suspended out-of-school until the student has been informed of the reason(s) for the suspension and given an opportunity to respond. When the health, safety or welfare of the school community is threatened, prior notice of the intended suspension need not be given. 3. The parents/guardians shall be notified as soon as possible, by telephone, when a student is suspended out-of-school. Written notification to the parents/guardians and to the Superintendent will be provided. 4. When an out-of-school suspension exceeds three (3) school days, the student and parents/guardians shall be given the opportunity for an informal hearing consistent with the requirements set forth in section entitled Hearings, page 8 of this policy. 5. Out-of-school suspensions may not be made to run consecutively beyond ten (10) school days. 6. The student shall have the responsibility to make up examinations and work missed while being disciplined by out-of-school suspension and shall be permitted to complete these assignments within the following guidelines. a. Parents/Guardians may make arrangements through the school guidance office to secure all daily work that can be completed out-of-school during the period of exclusion. b. Upon return to school, the student may make up all work and examinations that could not be completed out-of-school. The student will have a period of time equal to, but not exceeding, the length of time of the exclusion. 7. A student excluded from school during a school day shall not participate in or attend any school-sponsored extracurricular activity or be on school grounds during that calendar day. Expulsion From School – 1. Expulsion is exclusion from school by the Board for a period exceeding ten (10) school days and may be permanent expulsion from the school rolls. All expulsions require a prior formal hearing as set forth in section entitled Hearings, page 8 of this policy. 2. During the period prior to the hearing and decision of the Board in an expulsion case, the student shall be placed in his/her normal class(es) except as set forth in the next item (3.) immediately below. 3. If it is determined after an informal hearing that a student's presence in his/her normal class(es) would constitute a threat to the health, safety, morals, or welfare of others, and it is not possible to hold a formal hearing within the period of a suspension, the student may be excluded from school for more than ten (10) school days if the formal hearing is not unreasonably delayed. Any student so excluded shall be provided with an alternative education which may include home study. 4. Students who are less than seventeen (17) years of age are still subject to the compulsory school attendance law even though expelled and must be provided an education. a. The initial responsibility for providing the required education rests with the student's parents/guardians through placement in another school, through tutorial or correspondence study, or through another educational program approved by the Superintendent. b. If the parents/guardians are unable to provide for the required education, they must, within thirty (30) days, submit to the school district written evidence so stating. The district then has the responsibility to make provision for the student's education. If thirty (30) days pass without the district receiving satisfactory evidence that the required education is being provided to the student, the district must recontact the parents/guardians and, pending the parents’/guardians’ provision of such education, the district must make provision for the student's education or proceed under paragraph (c) (immediately below), or do both. c. If the approved educational program is not complied with, the school district may take action in accordance with Chapter 63 of the Juvenile Act (42 PA C.S.A. Sec. 6301-6308) to ensure that the child will receive a proper education (see also Chapter 12, Section 12.1(b) relating to free education and attendance). Hearings 1. Education is a statutory right, and students must be afforded all appropriate elements of due process if they are to be excluded from school. 2. All expulsions require a formal hearing. 3. In-school or out-of-school suspensions are dealt with in an informal hearing. 4. Procedures for hearings: a. Formal Hearing 1) This hearing may be held before the entire Board, a duly authorized committee of the Board, or a qualified hearing examiner appointed by the Board. 2) The following due process requirements are to be observed with regard to the formal hearing: a) Notification of the charges shall be sent to the student, the student's parents/guardians, by certified mail. b) Sufficient notice of the time and place of the hearing must be given. c) The hearing shall be held in private unless the student, parents/guardians requests a public hearing. d) The student has the right to be represented by counsel at student's expense. e) The student has the right to be presented with the name(s) of witnesses against the student and copies of the statements and affidavits of those witnesses. f) The student has the right to request that any such witnesses appear in person and answer questions and be cross-examined. g) The student has the right to testify and present witnesses on his/her own behalf. h) A record must be kept of the hearing, either by a stenographer or tape recorder. The student is entitled, at the student's expense, to a copy of the transcript. A record of the expulsion shall be kept in a student's education records file. i) The proceeding must be held with all reasonable speed. 3) A majority vote of the entire School Board (five (5) votes) is required to expel a student. 4) Where the student disagrees with the results of the hearing, recourse is available in the appropriate court of the Commonwealth. If it is alleged that a constitutional issue is involved, the student may file a claim for relief in the appropriate federal district court. b. Informal Hearing 1) The purpose of the informal hearing is to enable the student to meet with the appropriate school official(s) to explain the circumstances surrounding the event(s) for which the student is being suspended or to show why the student should not be suspended. 2) The informal hearing is meant to encourage the student's parents/guardians to meet with school officials to discuss ways by which future offenses can be avoided. 3) The following due process requirements are to be observed with regard to an informal hearing: a) Notification in writing of the reason(s) for the suspension shall be given to the parents/guardians and to the student. b) Sufficient notice of the time and place of the informal hearing shall be given. c) The student has the right to question any witnesses present at the hearing. d) The student has the right to speak and pro¬duce witnesses on his/her own behalf. e) The district shall offer to hold the informal hearing within the first five (5) school days of the suspension. 5. Complete information concerning any and all suspensions shall become part of the file kept by the principal. At the end of each school term, the principal shall decide what, if any, information contained in the suspension file shall be transferred to the cumulative record file of a suspended student. When such a transfer takes place, the parents/guardians or emancipated student shall be notified. Behavior, Conduct, And/Or Activities That May Lead To Exclusion From Class And/Or School 1. Possession, use, distribution, or sale of scheduled or restricted drugs, look-alike drugs, and alcoholic beverages. 2. Threat of or actual physical assault against any member of the school community, including students, employees, volunteers, or school visitors. 3. Vandalism of school owned or leased property. 4. Theft of school owned or leased property or theft of property belonging to any member of the school community, including students, employees, volunteers, or school visitor. 5. Possession or use of tobacco products on school property (e.g., smoking cigarettes, chewing snuff, chewing tobacco, etc.). 6. Possession or storage of weapons, look-alike weapons and replicas of weapons. 7. Behavior or actions which endanger the safety of others. 8. Behavior or actions which impinge on the rights of others. 9. Extortion. 10. Immoral or obscene acts. 11. Forgery. 12. Arson. 13. Participating in or instigating a riot or disruption. 14. Leaving school premises during school hours without prior approval or permission from school authorities. 15. Disruptive behavior in a class, on a district owned or leased school bus or vehicle, on school property, or during a school-sponsored activity regardless of location. 16. Violation of written school rules, and/or regulations, Pennsylvania School Law, School Board policies, and/or building codes of student conduct. (See student handbooks.) 17. Gambling. 18. Cheating. 19. Willful and deliberate refusal to follow reasonable instructions of any teacher or administrator. 20. Disrespectful or improper actions toward any member of the school community including students, employees, volunteers, or school visitors. 21. Unexcused absence, truancy, and lateness to school. 22. Failure to comply with the detention provisions of this policy. Clubs, Activities, Athletic Events, And School-Sponsored Trips 1. The principal, assistant principal, or person in charge of a district building may exclude a student from a school activity for the following reasons: a. Violation of school district policy. b. Violation of any rule or regulation established by the advisor or coach. c. Conduct or activity deemed inappropriate. d. Failure to maintain academic standards. 2. An excluded student will be notified in writing of the reason(s) for the exclusion. Student Council 1. The principal, assistant principal, or person in charge of a district building may from time to time request that the Student Council or another student committee appointed by the Student Council review the disciplinary procedures found in the student handbook. 2. Specific recommendations or suggestions from such committees may be forwarded by the principal to the Superintendent for possible changes in district policy. References: School Code – 24 P.S. Sec. 510, 1302.1-A, 1303-A, 1317, 1318 PA Controlled Substance, Drug, Device and Cosmetic Act – 35 P.S. Sec. 780-102 State Board of Education Regulations – 22 PA Code Sec. 10.2, 10.21, 10.22, 10.23, 10.25, 12.1 et seq., 403.1 Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq. No Child Left Behind Act – 20 U.S.C. Sec. 7114 Individuals With Disabilities Education Act, Title 34, Code of Federal Regulations – 34 CFR Part 300 Board Policy – 103, 113.1, 113.2, 122, 123, 218.1, 218.2, 227, 233, 235, 805, 805.1