**JIC-R/JK-R - STUDENT CONDUCT/DISCIPLINE: SCHOOL POLICY FRAMEWORK** **Last Updated Date:** 05/27/2014 **Adoption Date:** 01/10/2006 **Revision History:** 03/05/2018 #### **SCOPE** School discipline codes will apply to the school and its grounds, to school buses and other normal means of egress to and from school, to threats against the school and its members, and to student/staff interactions in person, electronically, or otherwise.  They shall also apply to all events sponsored by the school department, including but not limited to field trips, extracurricular activities, sports, social events, etc. **AUTHORIZED OFFICIALS** The building principal or the principal’s designee (i.e. assistant principals and/or deans) shall be responsible for hearing all cases that may result in a more serious penalty than detention.  Depending on the seriousness of the offense, the principal or the principal’s designee will determine the level of appropriate action to be taken, including suspensions and expulsions. **IMPLEMENTATION OF THE DISCIPLINE CODE** The principal, assistant principals and/or deans, and the faculty are responsible for ensuring due process hearings, in disciplinary proceedings. Administrators should investigate infractions of the rules thoroughly. Due process gives students the right to present their side of any issue for which disciplinary action is contemplated. Students also have the right to present evidence and witnesses who can attest to the facts of an issue. For serious infractions that may result in suspension or expulsion from school, administrators should notify parents of the offense and the contemplated action. Students and their parents must be made aware of their right to appeal any disciplinary action to the principal (for disciplinary actions taken by staff) or the superintendent (for disciplinary actions taken by the principal). **ADMINISTRATIVE DISCRETION** Administrative flexibility is required in any disciplinary regulations to account for individual cases, unusual problems not anticipated nor written in school regulations, and the maintenance of effective control of behavior in a public school. The administration has the right to adjust the code of discipline when the severity of or mitigating circumstances dictate. Action taken under this prerogative must also meet the test of reasonableness and protection of the rights of students. **DEFINITIONS** Suspension: A period of temporary exclusion from school in which a student is denied access to his or her usual school program.  Suspensions may be in school suspensions or external. An in-school suspension is a removal of a student from the regular classroom activities but not the school premises.  Expulsion: A permanent exclusion in which a student is denied access to his or her usual school program. School Program: The period during which a student receives instructional and educationally related services. School programs shall also include extracurricular activities, social events, sporting events, and such other activities as are sponsored by the school department. **STUDENT CONDUCT and DISCIPLINE** All students deserve every opportunity to achieve academic success in a safe, secure learning environment.  Good citizenship in schools is based on respect and consideration for the rights of others. Students will be expected to conduct themselves in a way that the rights and privileges of others are not violated.  They will be required to respect constituted authority, to conform to school rules and to those provisions of law that apply to their conduct. Each principal shall include prohibited actions in the student handbook or other publication to be made available to students and parents. Principals and staff shall not use academic punishment of any form as a consequence to inappropriate behaviors/actions by students. The principal may, as a disciplinary measure, remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on the student's misconduct. Such a removal is not subject to the remainder of this policy, law, or regulation. OFFENSES AND CONSEQUENCES Individual school codes should have a range of disciplinary measures and procedures as befits the individual school and the age level of the students. The range of disciplinary consequences may include but are not limited to apologies, warnings, suspensions, loss of bus privileges, in-house suspensions, external suspensions, and expulsion. In addition each discipline code must contain the following statements: 1.         The school department expressly forbids all use of tobacco products within the schools, on school grounds, or on school buses by any individual including school personnel. 2.         The school department expressly forbids all use of alcohol products within the schools, on school grounds, or on school buses by any individual including school personnel. 3.         A student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon or a controlled substance may be subject to expulsion from school. 4.         A student who assaults a principal, assistant principal, teacher, teacher’s aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from school. 5.         The use of force, vandalism, violation of civil rights, unexcused absence, tardiness, and violation of local, state, or federal law is expressly forbidden. An accompanying range of penalties shall be specified. DISCIPLINE CODE All discipline codes shall follow this format: 1.         Purpose and Scope of Discipline Code—This section will be the same as set forth in this policy. A school may substitute a purpose and scope which has substantially the same intent as the one contained in this policy. 2.         Review of the Discipline Code—This section must state how the discipline code was reviewed each year, and whether students and the school council were involved in the review as required in grades nine to twelve. 3.         Implementation of the Code—This section defines who may actually implement the sections of the code at each building. 4.         Publication and Notification—This describes the school’s plan to disseminate the code to teachers, parents, and students. 5.         Definitions—This section must contain the definitions set forth in this policy. In addition a school may establish such other definitions as are necessary to its code. 6.         Offenses and Consequences—This is a listing of the offenses and the consequences that can be imposed by the hearing authority. 7.         Due Process Rights of Students when a Search. Suspension or Expulsion is Imposed— This section should be the same as set forth in this under hearings. Exceptions to this must be granted by the School Committee. 8.         Other Applicable Codes—This should include dress codes, bus conduct codes, drug and alcohol policy and other codes of behavior for which the violation may have disciplinary consequences at a particular school. 9.         Authorized Officials—This specifies which staff may hear a case and the level of penalty they may impose. Refer to the requirements contained in this policy under “Authorized Officials and the Imposition of Penalties” 10.       Approval—All discipline codes are subject to the final approval of the South Hadley School Committee and are considered part of the policy of the South Hadley School Department. TRANSFER STUDENTS A student transferring into the South Hadley School District must provide the principal with a complete school record, which must include incidents involving suspensions, expulsions, violations of criminal acts, or any incident reports in which such student was charged with any suspendable act. **SUSPENSION (M.G.L. c.71, section 37H ¾)** In every case of student misconduct for which suspension may be imposed (except when a student is charged or convicted of a felony), a principal shall consider ways to re-engage the student in learning; and avoid using long-term suspension from school as a consequence until alternatives have been tried. Alternatives may include the use of evidence-based strategies and programs such as mediation, conflict resolution, restorative justice, and positive behavioral interventions and supports. **In School Suspension - Not More Than 10 days Consecutively or Cumulatively** The principal or designee may use in-school suspension as an alternative to short-term suspension for disciplinary offenses. The principal or designee may impose an in-school suspension for a disciplinary offense under this provision, provided that the principal follows the process set forth in regulation and the student has the opportunity to make academic progress as required by law and regulation. An in-school suspension is a removal of a student from the regular classroom activities but not the school premises.  The procedure for an in-school suspension of no more than 10 school days (consecutive or cumulatively for multiple infractions during the school year) will be as follows: The principal or designee will inform the student of the disciplinary offense, the basis for the offense, and provide the student an opportunity to respond.  If the administrator determines the student committed the disciplinary offense, the administrator will inform the student of the length of the student’s in-school suspension, which may not exceed 10 days, cumulatively or consecutively, in a school year. On the same day as the in-school suspension decision, the principal or designee will make reasonable efforts to notify the parent orally of the disciplinary offense, the reason for concluding the student committed the infraction and the length of the in-school suspension. The communication shall be provided to the parent in their primary language.   The parent will be invited to a meeting to discuss the student’s academic performance and behavior, strategies for improvement and engagement and possible responses to the behavior.  Such meeting will be scheduled on the day of the suspension if possible, and, if not, as soon thereafter as possible.  If the principal is unable to reach the parent after making and documenting as least 2 attempts, such attempts will constitute reasonable efforts for the purposes of orally informing the parent of the in-school suspension.  The principal or designee will send written notice in the primary language to the student and parent about the in-school suspension, including the reason and length of the in-school suspension and inviting the parent to a meeting for the purposes set forth above, if such meeting has not already occurred.  The written notification of the suspension may be delivered by hand, first class mail, certified mail, email to an address provided by the parent for school communications, or by other method of delivery agreed to by parent and the school administration.  **Short Term Suspension of Up to 10 days** **Principal’s Hearing (Due Process)** The hearing with the principal shall be to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. At a minimum, the principal shall discuss the disciplinary offense, the basis for the charge, and any other pertinent information. The student shall have an opportunity to present information, including mitigating facts, that the principal should consider in determining whether other remedies and consequences may be appropriate as set forth in law and regulation. The principal shall provide the parent, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the principal should consider in determining appropriate remedies and consequences for the student. The principal shall, based on the available information, including mitigating circumstances, determine whether the student committed the disciplinary offense, and, if so, what remedy or consequence will be imposed. The principal shall provide the student and parent with written notification, primary language, of the determination and the reasons for it, and, if the student is suspended, the type and duration of suspension and the opportunity to make up assignments and such other school work as needed to make academic progress during the period of removal, as required by law and regulation. If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, before the short-term suspension takes effect. **Long Term Suspension of More Than 10 Days** **Principal’s Hearing (Due Process)** The hearing with the principal shall be to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. At a minimum, in addition to the rights afforded a student in a short-term suspension hearing, the student shall have the following rights: in advance of the hearing, the opportunity to review the student's record and the documents upon which the principal may rely in making a determination to suspend the student or not; the right to be represented by counsel or a lay person of the student's choice, at the student's/parent's expense; the right to produce witnesses on his or her behalf and to present the student's explanation of the alleged incident, but the student may not be compelled to do so; the right to cross-examine witnesses presented by the school district; and the right to request that the hearing be recorded by the principal, and to receive a copy of the audio recording upon request. If the student or parent requests an audio recording, the principal shall inform all participants before the hearing that an audio record will be made and a copy will be provided to the student and parent upon request. The principal shall provide the parent, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, the principal should consider in determining consequences for the student. The principal shall, based on the evidence, determine whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to suspension as required by law and regulation, what remedy or consequence will be imposed, in place of or in addition to a long-term suspension. The principal shall send the written determination to the student and parent by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or any other method of delivery agreed to by the principal and the parent. If the principal decides to suspend the student, the written determination shall: identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing; set out the key facts and conclusions reached by the principal; identify the length and effective date of the suspension, as well as a date of return to school; include notice of the student's opportunity to receive education services to make academic progress during the period of removal from school as required by law and regulation; and inform the student of the right to appeal the principal's decision to the superintendent, but only if the principal has imposed a long-term suspension. Notice of the right to appeal shall be in the primary language of the home if other than English, or other means of communication where appropriate, and shall include the following information: the process for appealing the decision, including that the student or parent must file a written notice of appeal with the superintendent within five (5) calendar days of the effective date of the long-term suspension; provided that within the five (5) calendar days, the student or parent may request and receive from the superintendent an extension of time for filing the written notice for up to seven (7) additional calendar days; and that the long-term suspension will remain in effect unless and until the superintendent decides to reverse the principal's determination on appeal. If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension before the suspension takes effect. **Superintendent's Hearing (Due Process)** A student who is placed on long-term suspension following a hearing with the principal shall have the right to appeal the principal's decision to the superintendent. The student or parent shall file a notice of appeal with the superintendent within the time period noted above (See Principal's Hearing - Suspension of more than 10 days). If the appeal is not timely filed, the superintendent may deny the appeal, or may allow the appeal in his or her discretion, for good cause. The superintendent shall hold the hearing within three (3) school days of the student's request, unless the student or parent requests an extension of up to seven (7) additional calendar days, in which case the superintendent shall grant the extension. The superintendent shall make a good faith effort to include the parent in the hearing. The superintendent shall be presumed to have made a good faith effort if he or she has made efforts to find a day and time for the hearing that would allow the parent and superintendent to participate. The superintendent shall send written notice to the parent of the date, time, and location of the hearing. The superintendent shall conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and, if so, what the consequence shall be. The superintendent shall arrange for an audio recording of the hearing, a copy of which shall be provided to the student or parent upon request. The superintendent shall inform all participants before the hearing that an audio record will be made of the hearing and a copy will be provided to the student and parent upon request. The student shall have all the rights afforded the student at the principal's hearing for long-term suspension. The superintendent shall issue a written decision within five (5) calendar days of the hearing which meets the requirements of law and regulation. If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or a lesser consequence than the principal, but shall not impose a suspension greater than that imposed by the principal's decision. The decision of the superintendent shall be the final decision of the school district with regard to the suspension. **EMERGENCY REMOVAL** The principal may remove a student from school temporarily when a student is charged with a disciplinary offense and the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the principal's judgment, there is no alternative available to alleviate the danger or disruption. Prior to the emergency removal, the principal or designee shall make immediate and reasonable effort to orally notify the student and parent of the emergency removal and the reason and need for the emergency removal.  The temporary removal shall not exceed two (2) school days following the day of the emergency removal. The principal shall provide written notice to the student and parent consistent with the content of the Notice of Suspension and Hearing for Long and Short-Term Suspensions.   The written notice shall include an opportunity for student and parent to attend the hearing, before the expiration of the two (2) school days, unless an extension of time for hearing is otherwise agreed to by the principal, student, and parent. The principal shall render a decision orally on the same day as the hearing, and in writing no later than the following school day consistent with the requirements for short or long-term suspensions. The principal shall also ensure adequate provisions have been made for the student's safety and transportation prior to removal. **EXPULSION (M.G.L. c.71 sections 37H and 37H ½)** Students are subject to expulsion by the principal for conduct, which includes possession of a dangerous weapon, possession of a controlled substance and assault on teachers, administrators or other school personnel. Dangerous weapons shall include but not be limited to a loaded or unloaded gun, knife, slingshot, metallic knuckles, club, blackjack, billy club, explosives, chemicals, instruments of arson, etc., including weapons listed in M.G.L. Ch. 269, §10. In addition, an object or body part which could inflict harm, if used in a threatening or intimidating way, shall be considered to be a dangerous weapon. Such dangerous weapons may include, but are not limited to a shod foot, spikes, studs, razors, chain, pen/pocket knife, etc. In addition, where individuals may have training in martial arts or similar skills, the use or threatened use of said skills may be considered a dangerous weapon. Other objects used to assault another person or otherwise create a dangerous situation include objects such as a baseball bat, scissors, matches, lighter, etc.  While such objects would not always constitute “dangerous weapons”, administrators and the school resource officer will review the circumstance of each case and make a reasonable determination about whether a particular object in a student’s possession constitutes a dangerous weapon in the school setting.  All weapons will be turned over to the police department.  Any student who brings a firearm to school must be expelled for a minimum of one year, with exceptions granted by the superintendent. A controlled substance shall be any substance as defined in M.G.L. Ch. 94C, including but not limited to marijuana, cocaine, heroin, or any substance illegally sold or procured and represented as a controlled substance. Students are also subject to a long-term suspension by the principal when charged or convicted of a felony based upon the standards and procedures set forth in M.G.L c.71 sections 37H and 37H ½. Any student who is removed from school for a disciplinary offense under M.G.L. Ch.71 sections 37H or 37H ½ for more than 10 consecutive days will have an opportunity to receive educational services and make academic progress during the period of removal under the School-Wide Education Services Plan and will be informed at the time of the suspension or expulsion.  **ACADEMIC PROGRESS** Any student who is suspended or expelled shall have the opportunity to earn credits, make up assignments, tests, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom or school. The principal shall inform the student and parent of this opportunity in writing, in English and in the primary language of the home, when such suspension or expulsion is imposed. Any student who is expelled or suspended from school for more than ten (10) consecutive days, whether in school or out of school, shall have an opportunity to receive education services and make academic progress toward meeting state and local requirements through the School-Wide Education Service Plan. The principal shall present the School-Wide Education Service Plan, which describes the education services that the school district will make available to students who are expelled or suspended from school for more than ten (10) consecutive days. The plan includes the process for notifying such students and their parents of the services and for arranging such services. Education services shall be based on, and be provided in a manner consistent with, the academic standards and curriculum frameworks established for all students under the law. The principal shall notify the parent and student of the opportunity to receive education services at the time the student is expelled or placed on long-term suspension. Notice shall be provided in English and in the primary language spoken in the student's home if other than English, or other means of communication where appropriate. The notice shall include a list of the specific education services that are available to the student and contact information for a school district staff member who can provide more detailed information. For each student expelled or suspended from school for more than ten (10) consecutive days, whether in-school or out-of-school, the school district shall document the student's enrollment in education services. For data reporting purposes, the school shall track and report attendance, academic progress, and such other data as directed by the Department of Elementary and Secondary Education. **REVIEW OF DISCIPLINE DATA** The District shall collect and review data regarding in-school suspensions, short-term and long-term suspensions, expulsions, emergency removals, access to education services, and such other information. The principal of each school shall periodically review discipline data by selected student populations, including but not limited to race and ethnicity, gender, socioeconomic status, English language learner status, and students with disability status in accordance with law and regulation.  Based on the data, the principal shall determine whether there is an over-reliance on suspensions, expulsions or removals of selected student populations compared with other students.  The data will be used for school improvement and professional development planning as warranted.  **Policy References:** LEGAL REF: M.G.L. 71:37H; 71:37H ½; 71:37H ¾; 76:17; 603 CMR 53.00