UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

1st Reading

6/20/17

New

 

2nd Reading

6/20/17

Revised

X

Effective Date

6/20/17

Substitute

 

 

 

007.0225†††††††† SAFE SCHOOLS, CONDUCT AND DISCIPLINE POLICY

 

REVISES 007.0225 SAFE SCHOOLS, CONDUCT AND DISCIPLINE POLICY (LAST APPROVED 4/13/10)

 

DEFINITIONS:

 

BULLYING: Bullying means a student is exposed repeatedly and over time, to negative actions on the part of one or more students.Bullying implies an imbalance of power or strength.The student being bullied has difficulty defending himself/herself. When there is not a specific victim and bullying is exhibited equally among those involved, it is considered gang activity and will be treated as such.

 

CORRECTIVE ACTION PLANS: Corrective action means a written plan developed by the school in consultation with the student and the parent which may include any combination of the following or any other action discussed by the parties:

a.       exclusion of the student from school and school activities for a pre-determined time or until certain conditions are met;

b.      specific behavior standards for the student which, when met by the student, allow for designated rights or privileges;

c.       in-school suspension;†††††††

d.      community service;

e.       restitution for damage or harm;

f.        referral to juvenile court.

 

DAY OR DAYS: Day or days shall mean ďschool daysĒ when calculating exclusion time periods.

a.       School days shall mean days when school is regularly in session for the students.

 

EMERGENCY SAFETY INTERVENTION: An emergency safety intervention (ESI) is the use of seclusionary time out or physical restraint when a student presents an immediate/imminent danger of physical violence/aggression towards self or others likely to cause serious physical harm. An ESI is not for disciplinary purposes.

 

EXCLUSION: Exclusion means the removal of a student from a school program, but not necessarily the cessation of all education services. Expulsion is a termination of attendance or participation in a school or program for a period of more than 10 school days.

 

GANG: Gang means a group of people who form an allegiance and engage in a range of anti-social behaviors that may include violent or other unlawful activity.These groups may have a name, turf, colors, symbols, or distinct dress, or any combination of the preceding characteristics.

 

IMMINENT DANGER: Imminent danger means the appearance of threatened and impending injury which would lead a reasonable and prudent person to attempt an instant defense; something which is threatening to happen at once, something close at hand, something which is close, although not yet touching, or on the point of happening.

 

PARENT: A parent means parent or legal guardian having legal custody of a student as shown on official school records.It is the responsibility of the student and parents to keep the school informed of any legal issues regarding guardianship.

 

PHYSICAL RESTRAINT: Physical restraint means personal restriction immobilizing or reducing the ability an individual to move his arms, legs, body, or head freely.

 

PROACTIVE INTERVENTION STRATEGY: Proactive intervention strategy means a preventive strategy intended to stop or deter problem behaviors before they occur.A proactive or preventive strategy anticipates problem behaviors and uses a predetermined set of consequences (positive or negative) to intervene.

 

SCHOOL-RELATED ACTIVITY: A school-related activity means any activity or meeting sanctioned or supported by the school, either on or off the school grounds, including transportation of students in vehicles dispatched by the district.

 

SECLUSIONARY TIMEOUT: Seclusionary timeout: means that a student is placed in a safe enclosed area, isolated form adults and peers, and the student is or reasonably believes, he will be prevented from leaving the area.

 

STUDENT: Student means any person of school age, or any person enrolled in school district classes or programs.

 

SUSPENSION: Suspension: a temporary interruption of attendance or participation in a school or program for a period of 10 school days or less.

 

1.0              PURPOSE

1.1†††††† The purpose of the Uintah School District safe schools policy is to support, within the law, the development and maintenance of safe schools which in turn allows for an optimum learning environment.

1.1.1††† We expect students to learn the theory and the practice of making good choices leading to optimum learning.Students, by their choices, have the greater influence on safety in, around, and related to schools.

1.1.2††† All staff members are expected to interact with students using a model that allows and supports students to understand that the student controls his/her choices that will lead to improved learning and a safe school environment.

1.1.2.1 Staff members and school administration are expected to focus on a protective school environment creating a climate of no tolerance toward bullying/harassment from adults or students.

1.2†††††† The objective of having a safe, learning school environment and assisting students in making good choices leads them, now and in the future, to choose quality in their life and be a positive support to the larger community.

1.3†††††† This policy is adopted by the Board of Education of the Uintah School District pursuant to UCA Section 53A-11-901 through 907.It is the intent of the board to provide every student in the district with the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption.

2.0 ††††† AUTHORITY/DELEGATION/STUDENT DISCIPLINE

2.1†††††† If a particular type of conduct has the effect of disrupting the learning atmosphere, it should be subject to regulation.The Board possesses considerable leeway in promulgating regulations for the proper conduct of students. Utah Code Ann. Section 53A-1-402(1)(b) and Utah Admin. R. 300-609-3

2.2†††††† The superintendent and administrators will enforce district policies with the intent that students and their parents understand unacceptable behavior will not be tolerated and will be dealt in accordance with the Board's discipline policies.UCA Section 53-A-11-901; 18 U.S.C. Section 3351(1).

2.3†††††† The Board hereby delegates its authority to suspend students for up to ten (10) days to school administrators in each school in the district. In addition, school administrators may recommend expulsion.

2.4†††††† The Board delegates its authority to expel students to the Superintendent and his/her designees. (53A-11-905)

2.5†††††† Teachers have the authority and responsibility to intervene with due process in all areas of inappropriate student behavior within the school which includes but is not limited to the following:

2.5.1††††††††††††††† disrespect for school authority

2.5.2††††††††††††††† disrespect for school staff

2.5.3††††††††††††††† Use of vulgarity, profanity or gestures

2.5.4††††††††††††††† direct and willful disobedience of school rules and policies;

2.5.5††††††††††††††† cheating

2.5.6††††††††††††††† fighting

2.5.7††††††††††††††† excessive absence or tardies

2.5.8††††††††††††††† truancy

2.5.9††††††††††††††† disruption

2.5.10††††††††††††† vandalism of private or public property

2.5.11††††††††††††† harassment/bullying

2.5.12††††††††††††† disruptive clothing

††††††††††† 2.6†††††† Problems arising from inappropriate student behavior need to be managed at the level closest to where they occur.

3.0†††††† PUBLICATION OF SAFE SCHOOLS POLICY

3.1†††††† Students should be aware that certain behavior, outlined herein and in other policies of the district, is unacceptable and will result in corrective action

3.2†††††† Information of how to obtain a copy of the Safe Schools, Conduct, and Discipline policy available on line shall be given to each student upon enrollment in the school, plus the basic information of the policy.

3.2.1††† Each student transferring to a school in the district who was not attending a school in the district just prior to the transfer shall receive information on how to obtain a copy of the Safe Schools, Conduct, and Discipline policy available on line, plus the basic information of the policy.

3.3†††††† Information from this policy shall be posted in a prominent location in each school.

3.4†††††† Any significant change in the conduct and discipline policy shall be distributed to students in the school and posted in the school in a prominent location.UCA Section 53A-11-903

4.0†††††† MANDATORY EXCLUSION FOR ONE CALENDAR YEAR FOR WEAPONS

4.1†††††† Any student who possesses, controls, uses, or threatens use of a real, look-a-like, or pretend weapon, explosive, or flammable material in a school building or in a school vehicle, or on district property or in conjunction with any school activity, except when authorized by the responsible school administrator, shall be excluded from school for a period of not less than one calendar year unless the district superintendent or his/her designee determines, on a case by case basis, that a lesser penalty would be more appropriate.The superintendent or his/her designee shall consider the severity of the offense, the totality of the circumstances as well as the studentís age, disability, academic record, disciplinary record, age, mental capacity/disability, intent, the threat or actual harm caused, and the size and nature of the item, available placement options, parental capabilities, community resources and all other relevant factors in determining whether to alter the exclusion requirement. (UCA53A-3-502; 18 U. S.C. Section 3351, 53A-11-904)††

5.0†††††† MANDATORY EXCLUSION

5.1†††††† Non-disabled students shall be excluded from school for participation in any of the following prohibited conduct when it occurs in a school building, in or on school property, in or on school vehicles or vehicles being used by school personnel to transport students to a school function or activity or in conjunction with any school sponsored activity, or when it occurs in the presence of or is directed at or against another student or a district employee:†† 18 U.S.C. Section 921 (25) 53A-11-904.

5.1.1††† possession or control of a martial arts weapon or other instrument including those which eject anything, or other material dangerous to persons or property, or any replica or facsimile of any of the above, regardless of intent and whether functional or nonfunctional;

5.1.2††† the sale, control, distribution, delivery or transfer or distribution of a drug or controlled substance as defined in UCA Section 58-37-2 or by 21 U.S.C. Section 801;

5.1.3††† the sale, control, distribution, delivery or transfer of any inhalant or chemical substance to be used illegally as defined in UCA 78-10-107 and 78-10-107.5;

5.1.4††† the misuse or abuse of over-the-counter remedies, or sharing, distribution, sale, or control of over-the-counter remedies that exceeds the recommended daily dose. (Refer to USD policy 007.0720 about procedures for medications that are required by students during school);

5.1.5††† the sale, control, distribution, delivery or transfer of imitation controlled substance as defined in UCA Section 58-37b-2 or by 21 U.S.C. Section 801;

5.1.6††† the sale, control or distribution of drug paraphernalia as defined in UCA Section 58-37a-3;

5.1.7††† commission of an act involving the use of force or the threatened use of force which, if committed by an adult would be a felony or class A misdemeanor;

5.1.8††† imminently dangerous behavior or gang-related behavior. UCA 53A-11- 903(7).

6.0†††††† CONDUCT RESULTING IN EXCLUSION-NON-MANDATORY

6.1†††††† A student may be excluded from school for participation in any of the following prohibited conduct when it occurs in a school building, in or on school property, on school vehicles in conjunction with any school sponsored activity, or when it occurs in the presence of or is directed at or against another student or a district employee:UCA Section 53A-11-904 and 53A-11-902.

6.1.1††† frequent (indicating a behavioral pattern) or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language:

††††††††††† 6.1.2††† willful destruction or defacing of school property;

6.1.3††† behavior, or threatened behavior, which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school; including but not limited to:

6.1.3.1 possession, control, distribution, or use of tobacco products or electronic cigarettes within one thousand feet of school property or any school sponsored event;

6.1.3.2 being under the influence of an alcoholic beverage or controlled substance within one thousand feet of any school property or school sponsored event.

6.1.4††† behavior which unreasonably disrupts or interferes with the educational process for other students;

††††††††††† 6.1.4.1 including bullying behaviors of:

Direct Bullying

         hitting, kicking, shoving, spitting

         taunting, humiliation, name calling, intimidations, degrading comments, hurtful written communications

         threatening, obscene gestures

Indirect Bullying

         getting another person to assault someone

         spreading rumors

         deliberate exclusion from a group or activity

         cyber-bullying Ė sending insulting messages by phone or computer email

6.1.5††† cause, attempt, threaten or conspire to cause damage to personal or real property, or cause, attempt, threaten or conspire to cause harm to a person or persons, individually or in groups or gangs;

6.1.6††† participation in any activity which violates applicable school rules or federal, state or local law or ordinance, or disrupts normal school proceedings or through threats or participation in any plan or conspiracy relating to the foregoing;

6.1.7††† possession, control, or use of an alcohol beverage as defined in Section 32a- 1-105 Utah Code Annotated.

7.0†††††† GANG-RELATED ACTIVITY

7.1†††††† Any gang related activity is a significant threat to the welfare, safety, or morals of other students or school personnel and will subject a student to exclusion and referral to law enforcement authorities. School officials shall consult with local law enforcement authorities and gang detectives whenever they have questions regarding gang related clothing, apparel, or other gang activity. (Refer to Section 9 for additional detail)

7.2†††††† When planning corrective action for students due to gang-related activity, school administrators must act consistently with and be sensitive to Constitutional protections of freedom of expression and freedom of association.

7.3†††††† Courts have determined the parameters of freedom of expression and freedom of association in a public school setting are different than in society generally.

8.0†††††† GANG ACTIVITY AND APPAREL PROHIBITED

8.1†††††† Gang activity and flashing of gang signs or gang related hand signals are prohibited on or within one hundred yards of school property, school activities, school bus stops, or on school buses or other means of school authorized transportation or functions.Wearing or displaying any identifiable gang or gang related insignia, clothing, uniforms, colors, paraphernalia, adopted symbols, writing, or nick names or other items identifying or representing gang association while on or within one hundred yards of school property, school activities, school bus stops, or buses or other means of school authorized transportation or functions.††††††††††

8.2†††††† Any apparel, jewelry, accessory, notebook, or manner of grooming which by virtue of its color, arrangement, trademark, or any other attribute, indicating drug/alcohol use or exhibits behaviors that interfere with the normal or orderly operation of a school is prohibited.

8.3†††††† Students may be excluded from school for up to ten days in any given semester and may, after an opportunity for a district hearing is accorded pursuant to the district's student disciplinary policy, be excluded from attending school for gang related behavior or association for a longer period of time.

9.0†††††† ALTERNATIVES TO EXCLUSION OR CHANGE OF PLACEMENT FOR FREQUENT OR FLAGRANT DISRUPTIVE BEHAVIOR (U.C.A. 53-A-11-906)

9.1†††††† A continuum of intervention strategies shall be available to help studentís whose pattern of behavior in school falls short of reasonable expectations.Prior to excluding or changing the placement of a student for repeated acts of willful disobedience, defiance of authority, or disruptive behavior which are not so extreme or violent that immediate removal is warranted, good faith efforts shall be made at the class and school administrator level to implement a remedial discipline plan to allow the student to remain in his or her school of attendance.

9.1.1††† Reasonable resolution of discipline problems will include earnest and persistent efforts to implement corrective action plans for a student.Before referring the student to the District Director of At Risk Student Services for exclusion or change of placement under this section, school staff shall demonstrate that they have attempted some or all but not limited to the following interventions:

         resource team involvement and assistance

         appropriate testing

         talking with the students

         phone contact with the parent or legal guardian

         parent/student conferences

law enforcement assistance as appropriate

         behavioral contracts

         class adjustments

         counseling

Alternative programs i.e.:

         after school make-up time

         short-term at-home suspensions

         short-term in-school suspension

         school home study

9.1.2††††† As part of a corrective action plan for a student, and with teacher consent, a school may require the studentís parent or guardian, to attend class with the student for a period of time specified by the school administrator.If the parent or guardian does not agree or fails to attend with the student, the student shall be excluded in accordance to the provisions of school and district discipline policies. (UCA 53A-11-906)

10.0†††† NOTICE OF HEARING REQUIRED - EXCEPTIONS

10.1†††† Except in the case of imminent danger to people or property caused by a studentís behavior, no student may be excluded from school until a School Administrator or designee has given the student oral or written notice of the allegations against him and if he denies them, an explanation of the evidence and an opportunity to present his side of the story.The process must guard against unfair or mistaken misconduct and arbitrary exclusion from school.Goss v. Lopez 419 US 565

10.2†††† When a studentís presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, a student may immediately be excluded from school by the School Administrator or the Superintendent or his designee.

11.2.1In such cases notice and hearing as outlined in this policy should follow as soon as practicable.Goss v. Lopez 419 US 565

11.0†††† PROCEDURES REQUIRED FOR EXCLUSION

11.1†††† When a student engages in conduct for which exclusion is possible or required by this policy, the procedures outlined in this policy shall be followed.

11.2†††† NOTICE-If a student is excluded a designated school official shall immediately provide notice to the student's parent.Notice shall, if ††† possible, be given by telephone.If reasonable efforts to contact the ††††††† parent by telephone are unsuccessful, written notice shall be sent to †††† the parent.The notice, whether oral or written, shall include the ††††††††† following:

11.2.1††††††† that the student has been excluded;†††

11.2.2††††††† the grounds for the exclusion;

11.2.3††††††† the period of time for which the student is excluded;

11.2.4††††††† the date, time and place for the parent or guardian to meet with the designated school official to review the exclusion. This meeting shall be scheduled to occur as soon as is practicable, but in all cases prior to the tenth day of the exclusion.

12.0†††† PRE EXCLUSION CONFERENCE (3 DAY EXCLUSION)

12.1†††† When allegations are made that a student has violated this policy and that exclusion from school is or may be appropriate the School Administrator shall conduct an informal conference with the student.

12.1.1During the informal conference with a student the Administrator shall:

         tell the student what he is accused of doing;

         tell the student what the basis of the allegation is;

         tell the student what the potential penalty is;

         determine if the student admits or denies the allegation;

         give the student an opportunity to explain his version of the facts and present any relevant information;

         consider all relevant information presented before and during the hearing.

12.2†††† At the conclusion of the conference the Administrator shall take appropriate action consistent with the findings made by the Administrator after review of the information and evidence and the studentís response, consistent with School and District Policies and State and Federal laws including laws or regulations specific to students with disabilities.

12.3†††† If the student is excluded from school the parents shall be notified as set forth above in Section 12.2.

12.4†††† If the student is excluded for three (3) days or less no further hearing is required unless requested by the parent.

13.0†††† CONFERENCE WITH PARENT (3 TO 10 DAY EXCLUSION)

13.1†††† When a student has been or may be suspended from school for less than ten (10) days but more than three (3) days a School Administrator will make earnest efforts to contact a parent without delay to schedule a conference with the student, the studentís parent and the school official.The conference should if possible be held within three (3) school days of exclusion.

13.1.1During the conference the School Administrator shall:

         Explain the allegations or violation to the student.

         Discuss the evidence and provide the student with a reasonable opportunity to respond and present any relevant information.

         Consider all relevant evidence presented before and during the conference.

13.1.2The conference shall be informal.

13.1.3The standard of proof shall be substantial evidence. (Administrative hearing standard).

13.1.4If the student and or parent fails to appear at the time scheduled for the conference and if notice has been properly given the Administrator may proceed in their absence and shall mail a written decision based on the information available at the hearing to the parents in a timely manner and shall advise the student and the parent about the studentís rights and obligations and the procedures for appeal of an adverse decision.

13.2†††† At the conclusion of the conference the Administrator shall take appropriate action consistent with the findings made by the Administrator after review of the evidence and the studentís response consistent with applicable school and district policies and state and federal laws including laws or regulations specific to students with disabilities.

13.3†††† The school Administrator may exclude the student for up to ten (10) days without further hearing, if such action is warranted.

††††† 13.4†††† If an exclusion of more than ten (10) days is warranted the Administrator shall notify the district office with a recommendation to the Superintendent that the student be excluded for a period of time greater than ten days up to an entire school year or its equivalent imposed over two school years.

13.5†††† The Administrator shall advise the student and the parent about the studentís rights and obligations and procedures for an appeal of an adverse decision.

14.0†††† EXCLUSIONS OF TEN (10) DAYS OR MORE

14.1†††† When it is recommended by an Administrator after a conference consistent with Sections 13 and or 14 that a student be excluded from school for more than ten (10) days the School Administrator will make earnest efforts to contact a parent without delay to give the notice required by Section 12.2 above.In addition, the notice shall advise the parent that they should immediately contact the Superintendent or his or her designee named in the notice to schedule a hearing with the student, the parents, and the District Administrator.

15.1.1The name, address, and telephone number of the District Administrator shall be included in the notice.

14.2†††† Upon request of a parent for a hearing the District Administrator shall schedule a hearing at the earliest practicable opportunity.

14.2.1The Superintendent or designee shall schedule a hearing within ten (10) days of receiving the request for a hearing and shall provide the parent and student with notice of the procedure to be followed in the hearing.

14.2.2The Superintendent or designee shall conduct the appeal hearing at the appointed time and place.The District and the student may each be represented by a counsel of its choice.

14.3†††† The District Administrator shall notify the parents and student of the date, time, and place of the hearing and of the procedures to be followed in the hearing.

14.3.1If the parents and student have not previously been notified of the allegations the notice shall also contain a brief description of the alleged violation and the possible disciplinary action.

14.3.2The notice must also advise the student of the right to be represented by counsel to present evidence and to confront and cross examine adverse witnesses.Gonzales v. Mceuen 435 Fed. Sup 460 (1977)

14.4†††† During the conference the District Administrator shall:

14.4.1Review the alleged conduct by the student and the maximum possible and recommended disciplinary action.

14.4.2Review the evidence of the alleged violation.

14.4.3Give the student an opportunity to respond and present relevant information or explanations.

14.4.4Consider all relevant evidence presented before and during the hearing.

14.4.5At the hearing each party may make statements, question and cross examine witnesses, and present relevant facts and evidence.

14.5†††† The hearing shall be conducted on the record.

14.6†††† If the District Administrator determines that the allegations are true by a preponderance of the evidence action consistent with the evidence and with applicable school and district policies and State and Federal law including laws or regulations specific to students with disabilities shall be taken.Action may include:

         Exclusion for up to one calendar year.

         Continuation or non-continuation of exclusion for a specific length of time.

         A corrective action plan for the student which outlines the requirements for reinstatement in the class, school, or district and the school or Administratorís evaluation of alternatives to excluding the student from school.

         Expectations for parents and the school in the studentís discipline plan and potential reinstatement, i.e. supervision, behavior contract, continued participation and extracurricular activities, ongoing educational services for the student take home or independent study assignments, mandatory school contact or evaluation. (UCA 53A-11- 905/Goss v. Lopez 419 U.S. 505)

14.7†††† The Administrator may at any time during the proceedings, in the interest of justice continue the hearing to another date and time to allow additional investigation or to provide an opportunity to more fully hear and consider the issues and evidence.

††††† 14.8†††† During the hearing the Administrator may allow the right to cross examine any witness unless the Administrator determines that this right should be limited to protect student witnesses from ostracism, retaliation, or reprisal.

††††† 14.9†††† Formal rules of evidence do not apply to the hearing and no discovery is permitted however, parties may have access to information contained in district files to the extent permitted by law.

14.10†† There must be a residuum of competent non-hearsay evidence to support the decision.

14.11†† Each party shall notify the other party at least three (3) working days prior to the hearing of the names and expected testimony of each witness and shall provide copies of any documents which will be introduced or presented at the time of the hearing.The Administrator may exclude evidence not provided as required herein.

14.12†† The hearing shall be open to all parties.

14.13†† The Administrator shall advise the student and the parent of the studentsí rights and obligations and the procedures for an appeal.

14.14†† At the hearing the Superintendent or his Designee may limit or prevent the introduction of evidence or testimony of witnesses which is clearly irrelevant or which is manifestly redundant and does not contribute to the proper resolution of the matter.

14.15†† The Superintendent or his designee shall issue a decision within forty-eight (48) hours following the conclusion of the hearing concerning the studentís school attendance.All other issues shall be disposed of in writing within thirty (3) days of the conclusion of the appeal hearing.

14.16†† These time periods may be waived upon agreement by both parties.Any disposition of the appeal hearing must be consistent with state and federal law and specifically with sections 53A-11-901-907 Utah Code Annotated 1953 as amended.

15.0†††† REVIEW BY THE BOARD

††††† 15.1†††† A student may appeal the decision of the Superintendent or designee to the Board of Education by delivering a written notice of appeal to the Superintendent within ten days of the date the decision of the Superintendent or designee is mailed to the student.

15.2†††† No further hearing will be held, unless requested by the Board.

15.2.1The Board will review the evidence submitted to the Superintendent and the written determination of the Superintendent.

15.2.2The Board may affirm the Superintendent's decision or modify the Superintendent's decision.

15.2.3The Board's written decision will be issued within thirty days of receipt of the student's written notice of appeal.

15.3†††† The decision of the Board is final.

16.0†††††††††† REMOVAL FROM SCHOOL FACILITIES

16.1†††† A suspended student shall immediately leave the school building and the school grounds following a determination by the school of the best way to transfer custody of the student to the parent or guardian or other person authorized by the parent or applicable law to accept custody of the student.

16.2†††† A suspended student may not be readmitted to a public school or allowed back on school grounds or facilities until:

16.2.1the student and the parent or guardian have met with a designated school official to review the exclusion and agreed upon a plan to avoid recurrence of the problem; or

16.2.2in the discretion of the principal, the parent of the excluded student and the student have agreed to participate in such a meeting; or

16.2.3the student has satisfactorily completed the terms of the exclusion or corrective program established consistent with this policy.

17.0†††† EXCLUSION OF STUDENTS WITH DISABILITIES

17.1†††† Students identified as disabled under the Individuals With Disabilities and Education Act, or under Section 504 of the Rehabilitation Act of 1973 shall be given special considerations.Exclusion of a student, for more than ten (10) days, for misbehavior that is related to a disability may constitute discrimination.

17.1.1††† Short-term Suspension.The school district may suspend students with disabilities from school for a period not to exceed ten (10) official school days if it is determined that:

         maintaining the student in a current placement is substantially likely to result in injury to self or to other persons; or

         the student has engaged in conduct which would otherwise warrant suspension or removal for a non-disabled student.

         The maximum number of ten (10) days suspension is considered for each incident.The number of days should be only as many as are necessary in the specific case.Other options should be considered before using out-of-school suspension with a disabled student.Any suspension should consider the least restrictive environment.State Official Special Education Rules.

17.1.2††† Long-term Suspension.Any exclusion of a student with disabilities for more than ten (10) days constitutes a change in placement.Prior to a change-in-placement, parents of the student shall be notified of the proposed change and the Special Education Committee must first determine whether the alleged behavior is related to a disabling condition.If the parent requests a due process hearing during the 45-day alternative educational placement, the alternate setting becomes the ďstay putĒ during completion of all due process proceedings. 34 C.F.R. 300.513.

17.2†††† Students with Disabilities

17.2.1††† A student with disabilities may be excluded for engaging in conduct that would warrant such action for a non-disabled student only if the Individual Education Program (IEP) Team determines the misconduct is not related to the disabling condition or inappropriate placement.

17.2.2††† In determining whether a student's disruptive behavior is related to a student's disabling condition, the Special Education Committee shall base its decision on currently effective evaluation and assessment data and on review of the current IEP documentation rather than on established eligibility or previous committee decisions.The Committee shall consider whether the student's behavior indicates the need for new assessment or evaluation data.Unless the parents agree otherwise, the student shall be returned to his current placement after ten days while additional assessments are being conducted.

17.2.3††† The IEP Team shall determine the instructional and related services to be provided during the time of expulsion.The student's IEP shall include goals and objectives designed to assist in returning the student to school and preventing significant regression.

18.0†††† ALTERNATIVE EDUCATIONAL SERVICES

18.1†††† If a student is excluded for more than ten days, the student's parent or guardian is responsible to see that alternative educational services are provided to the student, and that such services satisfy the requirements of the state compulsory education law. (UCA 53A-11-907)

18.1.1The district will provide information to the parent or guardian to determine how the parent's or guardian's responsibility for educational services might be satisfied.

18.1.2Costs for educational services which are not provided by the school district are the responsibility of the studentís parent or guardian. (UCA 53A-11-907(3).

18.2†††††† The district will maintain a record of all expelled students.For each student under the age of 16, the district will contact the student's parent or guardian at least once each month to determine the student's educational progress.If the student's educational progress is not satisfactory, the district may seek the cooperation of the Division of Family Services, the state juvenile court, and other appropriate agencies.UCA 53A-11-907

19.0†††† SAFE SCHOOLS TRANSFERS

19.1†††† A student may be denied admission to Schools in the Uintah District on the basis of having been expelled from that or any other school during the preceding 12 months. (UCA 53A-11-904(3))

20.0†††† EMERGENCY REMOVALS

20.1†††† Students may be removed from regular classes or District premises for non disciplinary health, safety, and welfare reasons when the board or its designee determines that an emergency exists.Reasons that may be considered an emergency include, but are not limited to:

20.1.1Being under the influence of alcohol or drugs.

20.1.2Being highly agitated.

20.1.3Suffering from any other condition that temporarily threatens the student's welfare, other individual's welfare, or the efficient operation of the school.

20.2†††† Any student removed from school for a reason shown above who is in a condition that threatened his or her own welfare or the welfare of others shall be released to the parent, the parent's representative, or other proper authority, including, but not limited to, law enforcement officer, social services, and medical personnel.

20.3†††† The District shall make reasonable efforts to notify the parent prior to removing a student from school premises for emergency reasons.If the parent cannot be notified prior to the removal, the parent shall be notified as soon as possible after the removal and the reasons for it.

20.4†††† Students with Disabilities

20.4.1††† Removal of a disabled student for any of these reasons shall be used only in emergency situations and shall not exceed five ten school days.

20.4.2††† If emergency removals, suspensions, or removals to alternative education total 10 school days in a year, the IEP team shall review the student's IEP, unless the discipline management portion of the IEP specifies otherwise.

21.0†††† PHYSICAL RESTRAINT

21.1†††† A school employee may, when acting within the scope of employment, use and apply physical restraint or force as an Emergency Safety Intervention (ESI) as may be reasonable and necessary under the following circumstances:

21.1.1††† to protect any person from serious physical injury;

21.1.2††† to take possession of a weapon, or other dangerous objects or controlled substances in the possession of a student;

21.1.3††† to restrain or remove a student for a situation when that student is belligerent or disruptive or is a danger to himself/herself or others, or

21.1.4††† to protect property from serious damage.

21.2†††† When an employee exercises physical restraint on a student, the employee shall write a report outlining the incident and the reasons for the use of physical restraint within three (3) days following the date of the incident.The report shall be filed with the principal, who is then responsible to send a copy to the superintendent or designee. When an employee exercises physical restraint as an ESI on a student, the following types of physical restraint are prohibited:

††††††††††† a. prone, or face-down;

††††††††††† b. supine, or face-up;

††††††††††† c. restraint which obstructs the airway or adversely affects the studentís primary mode of communication;

††††††††††† d. mechanical restraint, except for seatbelts or safety equipment used to secure students during transportation; or

††††††††††† e. chemical restraint, except as prescribed by a licensed physician and implemented in compliance with a studentís Health Care Plan.

22.0†††† SECLUSIONARY TIME OUT

††††††††††† 22.1†††† A school employee may, when acting with the scope of employment, place a student in seclusionary time out as an Emergency Safety Intervention (ES)I under the following circumstances;

††††††††††† ††††††††††††††††††††††† 22.1.1the student presents an immediate danger of serious physical harm to self or to others.

††††††††††† ††††††††††† ††††††††††† 22.1.2any door remains unlocked; and

††††††††††† ††††††††††† ††††††††††† 22.1.3the student within line sight of the employee at all times.

23.0†††† NOTIFICATION

††††††††††† 23.1†††† If a crisis situation occurs requiring and ESI to be used, the school or employee shall notify the studentís parent/guardian, the school administrator, and the student services director as soon as possible and no later than the end of the school day.

††††††††††† 23.2†††† If the ESI is applied for longer than fifteen minutes, the school shall immediately notify the studentís parent/guardian and school administration.

††††††††††† 23.3 ††† Parent notifications made under this section shall be documented in the student information system as required by R277-609-6(C)(4).

††††††††††† 23.4†††† Within 24 hours of using ESI, the school shall notify the parent/ guardian that they may request a copy of nay notes or additional documentation taken during the crisis situation,

††††††††††† 23.5†††† Upon request of parent/guardian, the school shall provide a copy of any notes or additional documentation taken during a crisis situation.

††††††††††† 23.6†††† A parent/guardian may request a time to meet with school staff and administration to discuss the crisis situation.

24.0†††† GENERAL PROCEDURES

††††††††††††††††††††††† 24.1†††† Teachers and other personnel who may work directly with students shall be trained on the use of effective alternatives to ESI as well as the safe use ESI and a release criteria.

††††††††††††††††††††††† 24.2 ESI shall:

††††††††††††††††††††††††††††††††††† a. be applied for the minimum time necessary to ensure safety

††††††††††††††††††††††† b. be discontinued as soon as imminent danger of physical harm to self or others has dissipated.

††††††††††††††††††††††† c. be discontinued if the student is in severe distress;

††††††††††††††††††††††† d. never be used as punishment or discipline;

††††††††††††††††††††††† e. in no instance be imposed for more than 30 minutes.

25.0†††† CORPORAL PUNISHMENT

25.1†††† Corporal punishment: School employees may not inflict or cause the infliction of corporal punishment upon a student.

26.0†††† AFTER SCHOOL DETENTION

26.1†††† Notice shall be given to a parent or legal guardian before detaining any student after school.

26.2†††† If detention is necessary for the studentís health or safety an exception may be made to the notice requirement.The reasons shall be documented in writing.

26.3†††† This policy does not apply to the voluntary action of a student in staying after school to seek assistance, complete school work, take make-up exams, etc.

27.0†††† EMPLOYEE LIABILITY

27.1†††† A professional school employee or student teacher is not personally liable for acts done within the scope of employment that involve the exercise of judgment or discretion, except in circumstances where, in disciplining a student, the employee uses excessive force.Restatement (Second) of Torts Section 147(2); Ingraham V. Wright, 430 U.S. 651 (1977); Simms V. School Dist. No. 1, Multnomah County, 508 P.2d 236 (Or. 1973); LaFrentz V. Gallagher, 462 P.2d 804(Ariz. 1970)

28.0†††† DISCIPLINARY RECORD

28.1†††† Disciplinary records shall be made available to parents or the student, whichever is appropriate, pursuant to the District's student records policy