student Discipline

Student Discipline in Alameda Unified Schools:

Alameda Unified School District is committed to creating a safe and positive school culture in which all students feel included, supported, and respected. We want to help eliminate inequality in the use of punitive consequences and provide each child with excellent teachers who are equipped to promote academic and social emotional growth in all students.

AUSD takes a positive approach to student behavior and the use of restorative practices to minimize the need for punitive consequences and maximize instructional time for every student. We recognize the importance of developing the social and emotional health of all youth and adults in our organization.

We recognize that an opportunity/access gap for significant portions of its student population exists, namely amongst African American, Latino, English Language Learner students, and students with disabilities. AUSD staff will identify and address the causes of disproportionate treatment in discipline to reduce and eliminate the racial disparities in the use of punitive school discipline and any other disparities that may exist for other under-served populations. Schools shall enforce disciplinary rules fairly, consistently, and without discrimination.

Guiding Student Discipline Practice and Purpose:

When a student is to be administratively suspended from a school site, AUSD process/procedures (BP and AR) and Education Code must be followed.

Responsible Persons for Student Discipline:

• School Principal/Vice Principal/Dean

• Coordinator of Student Services

• Chief Student Support Officer

Policy/Legal References to Student Discipline:

• BP 5144.1

• AR 5144.1

• Education Code 48900

• Education Code 48902

• Education Code 48903

• Education Code 48911

Additional Resources can be found at the bottom of this page: Site Administrator Suspension Checklist, Records of Student, Staff, Parent Interviews and Notification, Guidelines on Discipline, Due Process, Suspension and Expulsion, and the Progressive Discipline Charts

Steps to Exclusionary Discipline:

Investigate:

1. Investigate and gather evidence: interview witnesses, take their interview statement, collect pictures of vandalism, print out of cyber bullying, etc.

2. Hold a conference with the student in order to hear and consider the student's explanation before imposing suspension. Collect the student's written statement about the incident.

3. Look at AERIES discipline to determine if other means of correction have occurred or if a pattern of behavior exists.

4. Consult the progressive discipline chart to help determine appropriate consequences.

5. Phone a friend to discuss prior to making a suspension more than 2 days.

6. If the student is homeless or in foster care call the Chief Student Support Officer prior to instituting any exclusionary discipline.

7. Remember that you cannot suspend for disruption and disrespect. (k)

Ensure legal guidelines for suspension are being met:

A student may only be suspended for committing one of the acts listed in EC48900 and on the "Official Notice of Suspension" form. To be suspended the infraction must be: "related to a school activity or attendance that occur at any time, including, but not limited to one of the following":

1. While on school grounds.

2. While going to or coming from school.

3. During the lunch period whether on campus or off the campus.

4. During, or while going to or coming from, a school-sponsored activity.

Note: Discipline for cyber-activity must meet the "Tinker Test" (Tinker v. Des Moines)

School personnel must show that the speech or behavior resulted in a substantial interference with the educational environment, or the rights of others, OR Disruption or reasonable forecast of disruption.

EC 48900.5: "Suspension shall be imposed only when other means of correction fail to bring about proper conduct." Suspension for first offense is permitted for violations of EC 48900 (a), (b), (c), (d), (e), and (n), or if the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process.

A student may only be suspended for up to five days for each incident and a cumulative maximum of twenty days during the school year (Special Ed exception of 10 days may apply).

Please note, special education students require that a manifestation determination meeting be held when a student with an IEP has accrued 10 days of suspension within the school year. Contact the Director of Special Education immediately.

Suspension process:

1. Contact a parent, guardian, or someone on the emergency card and have them meet with you to discuss the incident: never send a student home during the school day without making contact. Document details of the parent contact in your notes

2. Record suspension in the discipline module of AERIES.

3. Print out 2 copies of suspension form from AERIES. (1 copy for parent and 1 copy to be filed in student's cumulative file)

4. Mail suspension notice or hand to parent during the conference.

5. If the suspension results in an arrest, and the student is removed from the school by law enforcement, complete a "Removal of Student From Campus" form. Confirm with law enforcement that you will contact parents.

6. Arrange any appropriate parent/teacher conferences.

7. Inform student's teachers of the suspension and the time the student will return to school. Request that teachers consider providing school work to the office. Arrange for parent pick up.

8. If incident was extreme, arrange a return to school conference with student and parent to discuss positive behavior on campus and supports. Complete a written behavior contract. Document meeting and contact in AERIES.

Student Code of Conduct Violations/Grounds for Suspension and Expulsion

Suspension and/or expulsion is permitted for misconduct related to school activity or attendance that occurs at any time, including, but not limited to:

• While on school grounds

• On the way to or from school

• During lunch period, whether on or off-campus

• Going to, coming from, or during a school-sponsored activity

*See EC 48900 for offenses that may result in suspension and/or expulsion

Change of Placement Requirements

Authority of School Personnel: School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct.

School personnel may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities.)

If school personnel seek to order a change in placement that would exceed 10 school days and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration in which the procedures would be applied to children without disabilities, except FAPE must be provided, although it may be provided in an interim alternative educational setting.

Services

A child with a disability who is removed from the child’s current placement under special circumstances (removal to an interim alternative educational setting for not more than 45 school days irrespective of whether the behavior is determined to be a manifestation of the child’s disability,) or the above exceeded 10 school days removal shall:

• Continue to receive educational services, in accordance with FAPE, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and

• Receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

*In-School-Suspension counts as days of suspension if the student is not provided access to special education services.

Protections for Children Not Yet Eligible for Special Education and Related Services

A child who has not been determined to be eligible for special education and related services under the IDEA, and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided under the IDEA if the LEA had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. The LEA shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred:

1. The parent of the child has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;

2. The parent of the child has requested an evaluation of the child; or

3. The teacher of the child, or other personnel of the LEA, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the Coordinator of Student Services or Chief Student Support officer of such agency or to other supervisory personnel of the agency.

If the LEA does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the child may be subjected to disciplinary measures applied to children without disabilities who engaged in comparable behaviors. However, if a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures, the evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with the IDEA, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities.