BE SAFE • BE RESPECTFUL • BE RESPONSIBLE • BE KIND • BELONG
DISTRICT BEHAVIOR GOALS & PHILOSOPHY
AN OVERVIEW: GOALS & PRACTICES
The goal of the BVUSD behavior plan is to maintain a positive, safe and secure school culture. A positive school climate exists when all members of the school community feel safe, included, accepted, and actively promote positive behaviors and interactions. We guide students in a positive manner by modeling positive behavior and by reinforcing our social-emotional tools (Toolbox & RULER).
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We do the following when teaching academics and behavior:
Reinforce and reteach school-wide expectations to be safe, respectful, responsible, and kind.
Provide students with praise and correction.
Talk to students with respect.
Actively engage everyone in the class during instruction.
Use pre-correcting, prompting, and redirecting as we teach.
Look for the positive first and provide immediate, frequent, and explicit feedback.
When things go wrong, students are allowed time to restore behavior by reflecting on choices: What happened? What were you thinking at the time? What have you thought about since? Who has been affected by what you have done? What do you think you need to do to make things right?
When students do make poor choices, we provide thoughtful responses that incorporate opportunities for students to reflect and improve.
More explicitly students will learn to:
Respect this place and everyone here
Use kind words and actions
Treat others with dignity
Keep hands, feet, and objects to self
Honor differences rather than mock them
Reflect and commit to improvement when mistakes are made
Our goal is to help students learn from their mistakes in positive ways. We also partner with parents and guardians in these efforts to educate our students.
Responses
Our responses are designed to assist and instruct students in making positive behavior choices in the future. A more severe offense warrants a more severe response even upon the first offense. The administration and faculty periodically revisit and revise the discipline plan as needed. Like all education records, student consequences are protected under FERPA. This means that details about a student’s school performance, behaviors, and assigned consequences must be kept confidential.
We focus on responses that:
provide powerful instances to teach alternative behaviors and expectations.
leave the student with a feeling of control.
use thinking words.
provide choices within firm limits.
are tied to the time and place of the infraction.
are similar to what would happen to an adult in a comparable situation.
are never used to get revenge.
teach students to take responsibility for their choices.
teach that when an action occurs, a consequence follows.
What are examples of when logical responses are used at school?
When a child is disruptive during teaching time.
When a student picks on another student.
When a student cuts in line.
When a student talks out of turn.
When a student breaks any sort of rule.
Here are some potential responses of poor choices:
Requiring a student to respond in writing about the impact of their behavior in a Think Sheet.
Having students do something positive for the student or teacher they upset. This could be cleaning up the classroom or writing an apology.
Responses that teach: Having the student take time outside of class to reflect and practice the behavior that is expected.
Responses that are based on logic - directly related to the rule. After throwing food on the floor, we might suggest that the student sweeps after lunch.
In severe cases, a student might lose a privilege.
Responses that involve parents. This could be an after-school strategy meeting.
AGREEMENTS
BEHAVIORS
We all model kindness, empathy and respect for all living things, including people, animals and the natural environment. Kindness is a highly-evolved virtue, but it is always possible to be kinder than is necessary.
We engage with civility. Always and without exceptions.
We communicate respect in everything we do and say - especially in moments of disagreement
CULTURE
We cultivate a culture where meanness is “totally uncool” & kindness is appreciated and respected
We do not tolerate mean, rude, disrespectful, hurtful or harmful behavior or communication
We understand that hurt people, hurt people and all behavior is a message (skillful or unskillful). Often, the most effective tool in improving behavior is to get curious about what needs may be unmet. Everyone needs support.
POLICY & PRACTICE
Work with children to repair the harm caused by harmful behavior
We apply real consequences and accountability for youth who receive a complaint, including opportunities for them to repair the harm they have caused
We help children identify unmet needs and see them in others
We help children learn appropriate replacement behaviors
Have you heard?
Kind people are sometimes labeled as being weak or naive, but kindness is actually an indicator of a highly evolved and healthy brain. Neuroscientists have found that being mean, angry, and selfish doesn't take much skill or effort, whereas kindness is the highest form of intelligence.
LEVELS • SUPPORTS • RESPONSES
We support students as they learn to behave at school by employing age appropriate interventions and social emotional curriculum that focuses on feelings and emotional tools. We rely on informal and formal responses when students make poor choices and violate classroom expectations. We also respond formally when students create unsafe environments by violating behavior outlined in the Education Code. In all cases, we focus on responses that work, preserve a student’s dignity, teach responsibility, and motivate students to learn. Below is an overview of the levels of behavior and potential responses.
TYPES OF BEHAVIORS
(LEVEL I • LEVEL II • LEVEL III)
POSSIBLE RESPONSES
(LEVEL I • LEVEL II • LEVEL III)
SUPPORT ROLES, GOALS & SUPPORT EXAMPLES
(LEVEL I • LEVEL II • LEVEL III)
LEVEL I
LEVEL I • BEHAVIORS & EXPECTATIONS
There are exceptions, but generally, 'School Rules' generally address first level/tier behaviors. Generally, when a student breaks a school rule, the behavior falls into the first level. The following are examples of first level behavior expectations.
FOOD
Candy and other non-nutritional foods are not allowed in the classrooms except as determined by the classroom teacher on special occasions.
Recess snacks are to be eaten only in designated areas.
Chewing gum is allowed only when provided by the teacher and is only allowed to be chewed in the classroom.
PROHIBITED ITEMS AT SCHOOL (& ON THE BUS)
toys, games, & sports equipment from home
electronic devices (per board policy all mobile communication devices, music devices, electronic games, etc. must be turned off and put away)
glass containers
spitting
playing on the fields when saturated, muddy, or closed is not allowed.
display of gang affinity (e.g., gang clothing, symbols, styles, and/or signing or signaling)
bikes, * skateboards, skates, wheeled shoes, hoverboards, ‘Heelys,’ and scooters prohibited on our school campuses by anyone at any time.
There are city ordinances, board policies, and state laws prohibiting skateboarding in specified locations to protect the public interest and investment in these facilities due to the damage these activities can cause to school facilities. Students may ride skateboards and skates to school and then check them into the office and change into street shoes when stepping on the campus. (Santa Rosa city code, section 9.22.020).
DRESS CODE
Students need to dress in a way that is safe, not distracting to themselves or others, allows them to fully participate in their academic and physical education activities, and in a manner that reflects a sense of dignity and self-respect.
The following guidelines were updated per Board Policy 5132 and shall apply to all regular school activities:
Clothing, jewelry, and personal items (shall be free of writing, pictures, or any other insignia which is vulgar, lewd, obscene, profane, or sexually suggestive, or which promotes the use of alcohol, drugs, tobacco, or other illegal activity.
Appropriate closed-toed shoes must be worn at all times.
Hats and caps shall not be worn indoors.
Clothes shall be sufficient to conceal undergarments and breast and buttock cleavage See-through, meshed, and strapless, spandex, tops, pants, skirts and dresses; and bare abdomens are prohibited. Tank tops with large arm cut outs or low side openings are prohibited. All shorts, skirts, and dresses must be at least mid-thigh in length. Holes must be below the pockets.
Saggy, baggy, or oversized clothing is not allowed. Yoga pants and leggings are allowed as long as they are not transparent.
Clothing with racist, violent, or derogatory remarks toward any group or individual is not allowed.
Jewelry that could be harmful or dangerous if misused (chains, spikes, large rings, etc.) are not allowed.
Gang-related and gang-promoting clothing, jewelry or other items and apparel is not allowed. Parents and students shall be notified when additional guidelines are needed to restrict apparel that reasonably could be determined to threaten the health and safety of the school environment if it were worn or displayed on a school campus.
Because gang-related symbols are constantly changing, definitions of gang-related apparel shall be reviewed periodically and updated whenever related information is received. As necessary, the school shall collaborate with law enforcement agencies to update definitions of gang-related apparel.
Other than on spirit “pajama” days, no sleepwear or slippers are allowed.All footwear must be appropriate for physical education activities.
The dress code shall be modified as appropriate to accommodate a student's religious or cultural observance, health condition, or other circumstance deemed necessary by the principal or designee. In addition, the principal or designee may impose dress requirements to accommodate the needs of special school activities, physical education classes, athletic activities, and other extracurricular and cocurricular activities.
Students who participate in a nationally recognized youth organization shall be allowed to wear organization uniforms on days when the organization has a scheduled meeting. (Education Code 35183)
Students shall be allowed to wear sun-protective clothing, including but not limited to hats, for outdoor use during the school day. (Education Code 35183.5) (cf. 5141.7 - Sun Safety)
Other guidelines may be added as school officials deem necessary after obtaining information from community agencies and/or other resources. Students that choose to violate the dress code may be subject to disciplinary procedures.
BUS SAFETY
The following information is provided by West County Transportation. We all have a responsibility when it comes to school bus safety. Not only does the parent have a responsibility to teach their children about safety but the children have a responsibility to act and behave appropriately on the bus. Most school bus fatalities occur when children are outside the bus, and 75% of these fatalities involve children under the age of nine. Download our Tip Sheet for Parents
MAKE SURE YOUR CHILDREN KNOW AND FOLLOW THESE RULES
Be on time
Always walk, Never run to or from the bus
Stand back from the curb
Wait until the bus doors open before approaching the bus
Don't push or shove
Never crawl under a bus
Always obey the driver
Know the danger zones
Follow the instructions of your bus driver
Remain seated at all times
Keep your head and arms inside the bus at all times
Please no loud talking or boisterous conduct.
Please no eating or drinking on the bus.
MEET THE BUS: Coordinate with other parents to ensure an adult is present at the bus stop every day, especially when children under the age of nine are present.
REMOVE DRAWSTRINGS: Clothing your children like may not always be safe. Drawstrings can catch playground equipment, fences, school bus doors and escalators. Remove, shorten or replace drawstrings with another kind of fastener.
For more information about bus safety, please visit: https://www.schoolbusing.org/school-bus-safety-week
Board Policy 5131.1: Bus Conduct
Bus transportation is a privilege extended only to students who display good conduct while preparing to ride, riding or leaving the bus. In order to help ensure the safety and well-being of students, bus drivers, and others, the Governing Board expects students to exhibit appropriate and orderly conduct at all times when using school transportation, including while preparing to ride, riding, or leaving the bus.
The Superintendent or designee shall establish regulations related to student conduct on buses, bus driver authority, and the suspension of riding privileges. He/she shall make these rules available to parents/guardians, students, and other interested parties. (5 CCR 14103)
Students found to be in violation of the district's bus conduct rules shall be subject to discipline in accordance with Board policy and administrative regulation.
The Superintendent or designee may deny a student the privilege of using school transportation upon the student's continued disorderly conduct or his/her persistent refusal to submit to the authority of the driver. (5 CCR 14103)
Bus Surveillance Systems
The Board believes that the use of surveillance systems on school buses will help to deter misconduct and improve discipline, ensure the safety of students and bus drivers, and prevent vandalism. Therefore, surveillance systems may be installed and used on school buses to monitor student behavior while traveling to and from school and school activities.
The Superintendent or designee shall notify students, parents/guardians, and staff that surveillance may occur on any school bus and that the contents of a recording may be a student record and, as such, may be used in student disciplinary proceedings or referred to local law enforcement, as appropriate. In addition, a prominent notice shall be placed in each bus stating that the bus is equipped with a surveillance monitoring system.
LEVEL I • RESTORATIVE RESPONSES
Most behavior support falls in the first tier or level. The response to Level I behavior infractions is generally restorative in nature. There is a lot of misinformation and misunderstanding about restorative practices.
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LEVEL II / III
LEVEL II/III • BEHAVIORS & EXPECTATIONS
The following define more significant behaviors. Some will automatically land in Tier III, but some may straddle Tier II and Tier III and require additional details.
BULLYING & CYBERBULLYING
The Governing Board recognizes the harmful effects of bullying on student learning and school attendance and is committed to provide a safe school environment that protects students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying of any student.
No individual or group shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, retaliate, cyberbully, cause bodily injury to, or commit hate violence against any student or school personnel.
Cyberbullying includes the electronic creation or transmission of harassing communications, direct threats, or other harmful texts, sounds, or images as defined in Education Code 48900. Cyberbullying also includes breaking into another person's electronic account and assuming that person's identity in order to damage that person's reputation.
Strategies for addressing bullying in district schools shall be developed with involvement of key stakeholders, including students, parents/guardians, and staff, and may be incorporated into the comprehensive safety plan, the local control and accountability plan, and other applicable district and school plans. As appropriate, the Superintendent or designee may collaborate with law enforcement, courts, social services, mental health services, other agencies, and community organizations in the development and implementation of joint strategies to promote safety in schools and the community and to provide services for alleged victims and perpetrators of bullying.
USE OF TOBACCO
Tobacco Use is Prohibited Tobacco use of any kind is prohibited all hours, on all days of every year on all campuses of the Bennett Valley Union School District.
DISCRINIMATION, HARASSMENT & SEXUAL HARASSMENT
Discrimination against any student or employee and/or sexual harassment of any student or employee by another person is prohibited. The district updates annually and distributes to all employees and parents the policies prohibiting student-to-student sexual harassment and distributes to all employees policies prohibiting employee to employee sexual harassment.
Staff members are instructed about the definition of sexual harassment and reporting procedures. Students are directed to immediately report incidents of harassment, sexual or otherwise, to an adult (parent, teacher, instructional assistant, or administrator). All reports are thoroughly investigated in a timely manner. A school administrator will determine an appropriate course of action for each complaint. Actions may include the following:
Conflict resolution and discussions among the parties involved, when appropriate.
Student counseling and education, when appropriate.
A report to the police or Child Protective Services as appropriate or required by law.
Student disciplinary actions which may include the range of consequences in the discipline plan, including suspension, placing on a behavior contract, other appropriate means of corrections, or a recommendation for expulsion.
Employee disciplinary action as described in policy, State law, and Ed. Code.
District policy and State law related to sexual harassment of students or employees requires the following:
Posting the district’s sexual harassment policy in a prominent location at each school.
Notifying the staff, students, and parents of the sexual harassment policy each school year or at the time of enrollment.
Including notification of the sexual harassment policy as part of any orientation materials or programs for new students or employees as they enroll or are hired.
Including the sexual harassment policy in school and district publications
Taking appropriate administrative actions to reinforce the district policy by providing staff inservice and student instruction and/or counseling.
Directing that teacher-led discussion be conducted on this policy with students in “age-appropriate ways” and assuring students in that discussion that they need not endure any form of sexual harassment.
Students and/or their parents and employees can use the District’s Uniform Complaint Procedure to file a formal complaint of sexual harassment or they can use the form specific to sexual harassment complaints.
HATE CRIME POLICY & REPORTING PROCEDURE
The Governing Board is committed to providing a safe learning environment that protects students from discrimination, harassment, intimidation, bullying, and other behavior motivated by a person's hostility towards another person's real or perceived ethnicity, national origin, immigrant status, sex, gender, sexual orientation, religious belief, age, disability, or any other physical or cultural characteristic. The Superintendent or designee shall design strategies to promote harmonious relationships among students, prevent incidents of hate-motivated behavior to the extent possible, and address such incidents if they occur. The district shall provide students with age-appropriate instruction that includes the development of social-emotional learning, promotes their understanding of and respect for human rights, diversity, and acceptance in a multicultural society, and provides strategies to manage conflicts constructively.
A student or parent/guardian who believes the student is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal, or other staff member. Any staff member who is notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident shall immediately contact the principal or the compliance officer responsible for coordinating the district's response to complaints and complying with state and federal civil rights laws. As appropriate, he/she shall also contact law enforcement. Any complaint of hate-motivated behavior shall be investigated and, if determined to be discriminatory, shall be resolved in accordance with law and the district's uniform complaint procedures specified in AR 1312.3 - Uniform Complaint Procedures. If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.
LEVEL II/III • RESPONSES
Restorative Practices will be integrated into responses for all levels of behaviors, however extreme behaviors required additional consequences. Level II/III behavior management is conducted in a manner consistent with federal law, the Education Code of California, governing board policies, and district administrative rules and regulations. With regard to student discipline, school staff members adhere to the procedures set forth in the BVUSD Family Handbook. It is the intent of the governing board to maintain a safe learning environment for all students. Pupils attending the Bennett Valley Union School District are expected to conform to the regulations described in California State Education Code 48900 a-o and in Board Policy 5141.41.
Please note the following important details with regard to suspension:
A growing body of evidence finds that suspensions are generally ineffective, often exacerbating the undesirable behaviors, whereas restorative justice practices show a positive effect on school climate and culture. Most findings suggest suspension does little to reduce future misbehavior for the disciplined students or their peers, and have negative effects on academic performance, attendance, and behavior.
California Education Code 48900 limits the reasons a child may be suspended.
SB 419 (passed 2019) banished out-of-school suspensions for disruptive or defiant behavior as described in 48900(k).
DUE PROCESS
When suspension is necessary, due process is followed, which includes:
A fair and thorough investigation.
Interviews with witnesses and the students involved in the incident.
Gathering and documenting the facts, not opinions.
A flexible approach when presented with new information that affects the original decision.
Prior to suspending a student, a school conference is held with the student and the school official who administers the suspension (the principal or designee, unless the suspension is administered by the teacher) to discuss that student’s offense (except in cases when the student is not available). Parents are notified of the offense and the suspension in a timely manner after the decision is made to suspend the student.
If necessary, a principal’s conference may be scheduled before the end of the suspension period to discuss terms of returning to school with a behavior contract or to consider any further disciplinary action.
When suspensions involve special education students, administrators adhere to IDEA guidelines regarding student discipline.
In cases in which the governing board has adopted a zero tolerance policy and expulsions are required, due process is again maintained. Following a referral to expel a student, a disciplinary hearing is held to review the case. Parents are notified of the hearing and invited to attend. At the hearing, both the student and the principal or designee present information relevant to the case. A disciplinary panel, which includes the district superintendent, a Safe Schools representative from the County Safe School or SARB program, and an administrator from another school district, reviews the case and makes a recommendation to the governing board. The parent is invited to present information in closed session at the governing board hearing. In cases involving special education students, a manifestation determination is held prior to the disciplinary hearing. Prior to the school board hearing, an IEP meeting is convened to address any placement changes occurring as a result of the disciplinary hearing.
The governing board further authorizes school officials to inspect school property and search students, desks, and/or personal property. School administrators must have reasonable suspicion that a student is violating or has violated a school rule, regulation, or statute. The scope of the search must be reasonably related to the objective of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. Procedures used in conducting the searches are set forth in district policy. Frequently, police officers assist school officials in conducting searches and questioning.
GROUNDS FOR SUSPENSION & EXPULSION: GRADES K-12
A student may be suspended or expelled for committing any of the acts enumerated in California Education Code 48900 (displayed below) if the act is related to a school activity, is committed anytime while on school grounds, going to or coming from school, during the lunch period on or off campus; during or while going to, coming from, or during a school-sponsored activity.
Except when a student's act violates Education Code 48900(a)-(e), as listed in items #1-5 under "Grounds for Suspension and Expulsion: Grades K-12,” suspension shall be used only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5, 48900.6)
Acts for which a student, including a student with disabilities, may be suspended or expelled shall be only those specified as follows and in the section "Additional Grounds for Suspension and Expulsion: Grades 4-12."
Caused, attempted to cause, or threatened to cause physical injury to another person; willfully used force or violence upon another person, except in self-defense; or committed as an aider or abettor, as adjudged by a juvenile court, a crime of physical violence in which the victim suffered great or serious bodily injury (Education Code 48900(a) and (t))
Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the principal or designee's concurrence (Education Code 48900(b))
Unlawfully possessed, used, sold, otherwise furnished, or was under the influence of any controlled substance as defined in Health and Safety Code 11053-11059, alcoholic beverage, or intoxicant of any kind (Education Code 48900(c))
Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11059, alcoholic beverage, or intoxicant of any kind, and then sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the same as a controlled substance, alcoholic beverage, or intoxicant (Education Code 48900(d))
Committed or attempted to commit robbery or extortion (Education Code 48900(e))
Caused or attempted to cause damage to school property or private property (Education Code 48900(f))
Stole or attempted to steal school property or private property (Education Code 48900(g))
Possessed or used tobacco or products containing tobacco or nicotine products, including, but not limited to, cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, except that this restriction shall not prohibit a student from using or possessing prescription products (Education Code 48900(h))
Committed an obscene act or engaged in habitual profanity or vulgarity (Education Code 48900(i))
Unlawfully possessed, offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5 (Education Code 48900(j))Knowingly received stolen school property or private property (Education Code 48900(l))
Possessed an imitation firearm (Education Code 48900(m))
Imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. Reasonable student means a student, including, but not limited to, a student who has been identified as a student with a disability, who exercises average care, skill, and judgment in conduct for a person of the student's age, or for a person of the student's age and disability. (Education Code 48900(r)). Burn page means an internet web site created for the purpose of(Education Code 48900(m))Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 287, 288, 289, or former 288a, or committed a sexual battery as defined in Penal Code 243.4 (Education Code 48900(n))
Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness (Education Code 48900(o))
Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma (Education Code 48900(p))
Engaged in, or attempted to engage in, hazing (Education Code 48900(q)) – Hazing means a method of initiation or pre-initiation into a student organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student. Hazing does not include athletic events or school-sanctioned events. (Education Code 48900(q))Engaged in an act of bullying (Education Code 48900(r)) – Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, directed toward one or more students that has or can reasonably be predicted to have the effect of placing a reasonable student(s) in fear of harm to self or property; cause the student to experience a substantially detrimental effect on physical or mental health; or cause the student to experience substantial interferences with academic performance or ability to participate in or benefit from the services, activities, or privileges provided by a school. (Education Code 48900(r)) – Bullying includes any act of sexual harassment, hate violence, or harassment, threat, or intimidation, as defined in Education Code 48900.2, 48900.3, or 48900.4 and below in the section "Additional Grounds for Suspension and Expulsion: Grades 4-12," that has any of the effects described above on a reasonable student. – Bullying also includes an act of cyber sexual bullying by a student through the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording that depicts a nude, semi-nude, or sexually explicit photograph or other visual recording of an identifiable minor, when such dissemination is to another student or to school personnel by means of an electronic act and has or can be reasonably predicted to have one or more of the effects of bullying described above. Cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. – Electronic act means the creation or transmission originated on or off the school site by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication including, but not limited to: (Education Code 48900(r)) a message, text, sound, video, or image.
A post on a social network Internet web site, including, but not limited to, posting to or creating a burn page or creating a credible impersonation or false profile for the purpose of causing a reasonable student any of the effects of bull causing a reasonable student any of the effects of bullying described above. (Education Code 48900(r))-- Credible impersonation means to knowingly and without consent impersonate a student for the purpose of bullying the student and such that the student would reasonably believe, or has reasonably believed, that the student was or is the student who was impersonated. (Education Code 48900(r))-- False profile means a profile of a fictitious student or profile using the likeness or attributes of an actual student other than the student who created the false profile. (Education Code 48900(r))-- An electronic act is not considered pervasive conduct solely on the basis that it has been transmitted to the internet or is currently posted on the internet. (Education Code 48900(r))
Aided or abetted the infliction or attempted infliction of physical injury on another person, as defined in Penal Code 31 (Education Code 48900(t))
Made terrorist threats against school officials and/or school property (Education Code 48900.7)-- A terrorist threat includes any written or oral statement by a person who willfully threatens to commit a crime which will result in death or great bodily injury to another person or property damage in excess of $1,000, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying out the crime. (Education Code 48900.7)
ADDITONAL GROUNDS FOR SUSPENSION & EXPULSION: GRADES 4-12
Additional Grounds for Suspension and Expulsion: Grades 4-12
A student in grades 4-12 shall be subject to suspension or recommendation for expulsion when it is determined that the student:
Committed sexual harassment as defined in Education Code 212.5 (Education Code 48900.2)-- Sexual harassment means conduct which, when considered from the perspective of a reasonable person of the same gender as the victim, is sufficiently severe or pervasive as to have a negative impact upon the victim's academic performance or to create an intimidating, hostile, or offensive educational environment. (Education Code 212.5, 48900.2)
Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code 233 (Education Code 48900.3)-- Hate violence means any act punishable under Penal Code 422.6, 422.7, or 422.75. Such acts include injuring or intimidating a victim, interfering with the exercise of a victim's civil rights, or damaging a victim's property because of the victim's race, ethnicity, religion, nationality, disability, gender, gender identity, gender expression, or sexual orientation; a perception of the presence of any of those characteristics in the victim; or the victim's association with a person or group with one or more of those actual or perceived characteristics. (Education Code 233; Penal Code 422.55)-- Intentionally engaged in harassment, threats, or intimidation against district personnel or students that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of school personnel or students by creating an intimidating or hostile educational environment. (Education Code 48900.4)
When suspension is necessary, due process is followed, which includes:
A fair and thorough investigation.
Interviews with witnesses and the students involved in the incident.
EXPULSION
When a crime is committed, the police are called in and the student is suspended (excluded) from school pending the outcome of an expulsion hearing. An expulsion takes place in at least two parts. First the child and his/her parents appear at a hearing before an administrative panel. Second, the Board of Trustees acts on the recommendation of the administrative panel. The Board can uphold the recommendation as written or with modifications, or the Board can reject the recommendation and institute a different consequence within legal limitations. Public school districts may not accept the enrollment of a child expelled by another public school district during the term of expulsion without a board hearing. Ed. Code 48900.8 requires that each offense committed by a child that results in suspension and/or expulsion be identified by offense committed in the child’s permanent school record.
PARENT LIABILITY DIUE TO WILLFULL MISCONDUCT & VANDALISM
Education Code section 48904 provides that the parent or guardian is liable for all damages caused by the willful misconduct of their minor children that results in:
the injury or death of any pupil, school district employee, private school employee, or school volunteer.
any damage to real or personal property belonging to the school district or private school, or personal property belonging to a school employee.
The liability limit for parents for the willful misconduct of their minor children is adjusted each year by the State Superintendent of Public Instruction to reflect Federal guidelines and is anticipated to be approximately $25,000 per incident for 2016-17. Also, parents/guardians are liable for any reward up to $10,000, paid by local agencies for information leading to the identification and apprehension of their child who willfully damaged or destroyed property, or whose willful misconduct resulted in injury or death to any person. The main sources of expensive vandalism on our sites result from skateboarding, graffiti, petty vandalism, and “mud ball” (playing on the fields when they are closed due to saturation and damaging the turf and/or irrigation system through sliding on it until it becomes muddy). Parents will be held financially liable for damage their children do to school property when engaged in these activities, even if their child is not a current student at the school he/she has damaged. Please help us keep our schools safe by calling the RESCQ (Redwood Empire Schools’ Care Quest) line at 1-877-570-7770, 24 hours per day, to report school arson, vandalism, bomb threats, violence against students or staff, and weapons on campus. There is a reward of up to $1,000 offered to persons who provide information leading to the arrest and conviction of perpetrators of crimes on campus.
WITHHOLDING OF GRADES, DIPLOMAS, TRANSCRIPTS
When school property has been willfully damaged or not returned upon demand, the principal or designee shall inform the parent/guardian in writing of the responsible student’s alleged misconduct and the reparation that may be due. Grades, transcripts, and/or promotion certificates may be withheld until the reparation is made. If the student and parent/guardian are unable to pay for the damages or return the property, the principal or designee shall provide a program of voluntary work for the student to do. When this voluntary work is completed, the student’s grades, promotion certificate and or transcripts shall be released (Ed Code 48904). When a student from whom the district is withholding grades, diploma, or transcripts transfers to another district, this information shall be sent to the new district with the student’s records and a request that these items continue to be held until the new district receives notification that the debt has been cleared.
References & Works Cited
Websites:
PBIS & RESTORATIVE PRACTICES CONSULTING | LauraMooiman.com, https://www.lauramooiman.com/. Accessed 30 July 2023.
“Give 'Em Five.” Responsibility-Centered Discipline, https://www.givemfive.com/give-em-five/. Accessed 30 July 2023.
PBIS World | A Complete Tier 1 Through Tier 3 Positive Behavior Interventions & Supports System, https://www.pbisworld.com/. Accessed 30 July 2023.
Articles:
Baeder, Justin. “Rethinking Suspension: A Guide for Equity-Minded Instructional Leaders.” The Principal Center, https://www.principalcenter.com/rethinking-suspension-a-guide-for-equity-minded-instructional-leaders/. Accessed 30 July 2023.
Bruno, Holly Elissa. “Using Our Brain to Stay Cool Under Pressure.” Neurobiology of Emotional Intelligence.
Joseph, Gail E., and Phillip S. Strain. “Building Positive Relationships with Young Children.” Center on Evidence-Based Practices for Early Learning.
“Why Recess Should Never Be Withheld as Punishment.” Edutopia, https://www.edutopia.org/video/why-recess-should-never-be-withheld-punishment. Accessed 30 July 2023.
Chris A., and Zeigler Dendy. “School Punishments That Don't Work: Taking Away Recess.” ADDitude, 7 September 2022, https://www.additudemag.com/the-right-to-recess/. Accessed 30 July 2023.
Books:
Appelstein, Charles D. No Such Thing as a Bad Kid: Understanding and Responding to Kids with Emotional and Behavioral Challenges Using a Positive, Strength-based Approach. Soaring Wings Press, 2018.
Curwin, Richard L., et al. Discipline with Dignity: How to Build Responsibility, Relationships, and Respect in Your Classroom. ASCD, 2018.
Hammond, Zaretta. Culturally Responsive Teaching and The Brain: Promoting Authentic Engagement and Rigor Among Culturally and Linguistically Diverse Students. SAGE Publications, 2015.
Thompson, Larry, and Angela Thompson. Give 'Em Five-Children. Youth light, Incorporated, 2014.