Policy #5131 Conduct/Discipline
The Board believes that an effective instructional program requires an orderly school environment and that the effectiveness of the educational program is, in part, reflected in the behavior of pupils.
The Board of Education expects pupils to conduct themselves in keeping with their level of maturity, with a proper regard for the rights and welfare of other pupils, for school personnel, for the educational purpose underlying all school activities, and for the care of school facilities and equipment.
The Board of Education believes that standards of pupil behavior must be set cooperatively by interaction among the pupils, parents/guardians, staff and community, producing an atmosphere that encourages pupils to grow in self discipline. Such an atmosphere must include respect for self and others, as well as for district and community property.
The Board directs the Superintendent of Schools to develop and implement a code of student conduct which establishes standards, policies and procedures for positive student development and student behavioral expectations on school grounds, including on a school bus or at school sponsored functions, and as appropriate, conduct away from school grounds. The Board shall direct development of detailed regulations suited to the age level of the pupils and the physical facilities of the individual schools. Board policy requires each pupil of this district to adhere to the rules and regulations established by the administration and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. The Superintendent of Schools shall provide to pupils and their parents/guardians the rules of this district regarding pupil conduct and the sanctions that may be imposed for breach of those rules. Provisions shall be made for informing parents/guardians whose primary language is other than English.
In developing the standards, policies and procedures to implement this policy, the Superintendent of Schools shall ensure that the code of student conduct:
A. Is based on parent, student and community involvement which represents, where possible, the composition of the schools and community;
B. Is based on locally determined and accepted core ethical values;
C. Is Board approved.
The Superintendent of Schools shall develop regulations that:
A. Require pupils to conform to reasonable standards of socially acceptable behavior; respect the person, property and rights of others; obey constituted authority and respond to those who hold that authority;
B. Establish the degree of order necessary to the educational program in which pupils are engaged.
The Board will annually review and update the code of student conduct and this process shall include:
A. Parent, student and community involvement which represents, where possible, the composition of the schools and community;
B. Consideration of the findings of the annual reports of student conduct, suspensions and expulsions; and incidences reported under the Electronic Violence and Vandalism Reporting System.
The Superintendent of Schools shall annually:
A. Disseminate the code of student conduct to all staff, students and parents;
B. Report on the implementation of the code of student conduct to the Board of Education at a public meeting in accordance with NJAC. 6A:16-7.1(a) 5, i-iv.
C. Report to the New Jersey Department of Education on student conduct, including all student suspension and expulsion and incidents reported under the Electronic Violence and Vandalism Reporting System.
Pupils who display chronic behavioral or academic problems may be referred to the child study team by the Superintendent of Schools for possible identification as disruptive or disaffected. Such referrals shall be in strict accordance with the due process regulations prescribed by the administrative code. Pupils so identified shall be provided with appropriate programs and services as prescribed by the child study team.
A pupil whose presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process, may be suspended or expelled, following due process.
Any pupil who commits an assault (as defined by NJSA 2C:12 1) upon a Board member, teacher, administrator or other employee of the Board of Education shall be suspended from school immediately according to procedural due process, and suspension or expulsion proceedings shall begin no later than 30 calendar days from the date of the pupil's suspension.
Substance Abuse
In accordance with statute and code, penalties shall be assigned for use, possession and distribution of prescribed substances and drug paraphernalia. The penalties shall be graded according to the severity of the offense. Infractions shall be reported to the local law enforcement agency in accordance with the district's memorandum of agreement. Confidentiality shall be protected in accordance with federal and state law.
Weapons Offenses
Any pupil who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or found knowingly in possession of a firearm on any school property or on a school bus or at a school-sponsored function shall be immediately removed from the school's regular education program for a period of not less than one calendar year. The Superintendent of Schools may modify this suspension on a case-by-case basis. Each pupil so removed shall be placed in an alternative educational program or on home instruction and shall be entitled to a hearing before the Board. The hearing shall take place no later than 30 days following the day the pupil is removed from the regular education program and shall be closed to the public.
The Superintendent of Schools shall be responsible for the removal of such students. The Superintendent of Schools shall also notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice.
The Superintendent of Schools shall determine at the end of the year whether the student is prepared to return to the regular education program, in accordance with procedures established by the Commissioner of Education.
Teaching staff members and other employees of this Board having authority over pupils shall take such lawful means as may be necessary to control the disorderly conduct of pupils in all situations and in all places where such pupils are within the jurisdiction of this Board.
Disabled
Classified pupils are subject to the same disciplinary procedures as nondisabled pupils and may be disciplined in accordance with their IEP. However, before disciplining a classified pupil, it must be determined that:
A. The pupil's behavior is not primarily caused by his/her educational disability;
B. The program that is being provided meets the pupil's needs.
Staff shall comply with state and federal law and the regulations of the New Jersey administrative code in dealing with discipline and/or suspension of all pupils with disabilities.
Implementation
The Superintendent of Schools shall ensure that the rules for this policy are applied consistently and uniformly, and that all disciplinary sanctions are carried out with necessary due process.
The Board shall review all related policies on a regular basis.