10.0) DISCIPLINARY AND SUSPENSION PROCEDURES
It shall be the policy of the Scribner-Snyder Schools to comply with the Student Discipline Act of 1994. ( Neb. Rev. Stat. Sections 79-254 through 79-294). It is the purpose of this policy to ensure that students receive fair treatment consistent with their constitutional rights to due process and fundamental fairness within the context of an orderly and effective educational process. This is prior to being subject to emergencies exclusions, short term or long term suspensions, expulsions, or mandatory reassignments. Such disciplinary action, therefore, will be made in accordance with the following procedures:
I. Definitions
Superintendent means Superintendent or his/her lawful designee.
Principal means Principal or his/her designee.
II. NOTICE TO STUDENTS AND PARENTS
It shall be the duty of the Superintendent or his/her lawful designee to provide clear notice to each student and his or her parent or guardian of all rules and standards concerning student conduct that have been established or which will be established and promulgated by the Board of Education. Such rules or standards which form the basis for discipline shall be distributed to each student and his or her parent or guardian through the Student Handbook or other means on an annual basis. In the event there are changes in the rules and standards, the Superintendent or his/her designee shall make reasonable effort to distribute the text of such changes to each student and his/her parent or guardian.
III. STUDENT CONDUCT
The following rules and regulations are designed to establish order and to protect all members of the educational community in the exercise of their rights and responsibilities on school grounds or during an educational event or function off the school grounds. These statements are outlined for uniform understanding of the practices and procedures used in the Scribner-Snyder Community Schools. Setting and enforcing rules for appropriate student conduct shall be the responsibility of the Superintendent or his/her designee. He/she may delegate such authority to the Principal, faculty and as appropriate, other school employees, but shall ensure that rules and enforcement measures are reasonable.
III.-1. GENERAL AREAS OF PROHIBITED CONDUCT.
Any student conduct which causes or which creates a reasonable likelihood that it will cause a substantial disruption in or material interference with any school function, activity, or purpose, or that interferes with the health, safety or well-being, or the rights of students or others is prohibited. The preceding is a general standard that should be used as a guide by all
students. Not all acts of misconduct can be itemized in this policy. The following is an enumeration of some of the main areas of conduct, which may lead to disciplinary action when such conduct occurs on school grounds, or in a school-owned or utilized vehicle, at an educational function, or an athletic, or any other school-sponsored function.
A. Use of violence, force, noise, coercion, threats, intimidation, fear, insubordination or other similar conduct is prohibited.
B. False communication about a bomb or other explosive or harmful device in or on school grounds. 53
C. The willful causing or attempting to cause damage to private or school property.
D. Stealing or attempting to steal private or school property.
E. Causing or attempting to cause physical injury to others, including the throwing of objects or materials which would cause physical injury, except where such injury results from accident, self-defense, or other action undertaken on the reasonable belief that it was necessary.
F. Threatening or intimidating any person for the purpose of, or with the intent of, obtaining money or anything of value.
G. Knowingly possessing, handling or transmitting any object or material that is ordinarily or generally known to be a weapon.
H. Violation of the Gun-Free School Act under LB 1250, LB658, any Nebraska State or Federal law of statute.
I. Engaging in the unlawful selling, possessing or dispensing of tobacco, alcoholic beverages, narcotics, drugs, controlled substances, or inhalant.
J. Engaging in the selling, using, possessing, or dispensing of unauthorized or illegal substances such as alcoholic beverages, narcotics, drugs, controlled substances, or inhalants.
K. Truancy or failure to attend class or activities.
L. Tardiness to school, assigned classes or scheduled activities.
M. Using language, written or oral, or conduct, including gestures, which is profane or abusive to students or staff members. Profane or abusive language or conduct includes, but is not limited to, that which is commonly understood and intended to be derogatory toward a group or individual based upon race, gender, national origin, or religion, and which, by school standards is considered vulgar or obscene.
N. Repeated violation of any valid rules of conduct established under this or other Board Policies.
O. Loitering on school property before or after assigned classes without the permission of a staff member.
P. Causing a false fire alarm.
Q. Trespassing, i.e., being present in an unauthorized place in the school, unauthorized presence on school property, or refusing to leave the school premises when instructed to do so by school officials.
R. Unlawful assembly, i.e., assembly that disrupts the educational process.
S. Engaging in sexual assault or attempted sexual assault on a school employee, student or any other person, or engaging in public indecency as defined by Nebraska Statute.
T. Engaging in any unlawful activity as determined by the laws of the United States or State of Nebraska.
U. Failing to follow the appropriate instructions of school staff, including the employees of other school districts when participating in joint activities, and/or engaging in insubordinate conduct toward school staff.
In addition to these general rules, other policies in this section outline specific rules of conduct.
III.-2. POSSESSION OF PROHIBITED ITEMS.
It shall be the policy of the Scribner-Snyder Community School that students shall not possess illegal, dangerous or prohibited items in school, on school grounds, or at school-sponsored or school-related activities whether at home activities or away activities. These items shall be deemed as contraband and shall be subject to seizure by school officials and, if appropriate, can be turned over to law enforcement authorities. Students possessing such items are subject to disciplinary procedures up to and including expulsion from school in accordance with this board policy.
Contraband items shall include, but not be limited to: drugs and other controlled substances within the meaning of state law, alcoholic beverages, behavior-affecting substances, weapons, tobacco in any form,
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poisons and other items deemed dangerous to the health of the possessor or others, drug paraphernalia, look-alike drugs, missing and stolen property. In addition, the administration may prohibit, at its discretion, items, which create a nuisance or threaten to cause disruption to the learning environment of the school.
Definitions of:
Drugs, controlled substances, drug paraphernalia, school property, contraband, etc.
"Possession" is defined as a situation in which a student has on his/her person, within his/her personal property, or under his/her control a contraband item on school property or at a school-sponsored or school-related activity.
"Behavior-affecting substances" include alcoholic beverages or any other behavior affecting chemical or any controlled substances within the meaning of Nebraska Statutes, including but not limited to "uppers," "downers," "barbiturate," "amphetamines," "LSD," "heroin," "marijuana," "hashish," "cocaine and its derivatives and non-controlled substances," such as glue, to the extent to which any such substance is used or is intended to be used for the purpose of mood or behavior alteration. This definition excludes medication properly prescribed by a physician for the possessor and used in conformity with school regulations on the use of medication.
"Drug paraphernalia" includes all equipment, products and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhaling or otherwise introducing into the human body any contraband item.
"Look alike drugs" are defined as any substance that is not a controlled substance by which, by the appearance of the dosage unit, including, but not limited to, color, shape, size, or markings, or by representations made, would lead a reasonable person to believe that the substance is a controlled substance.
School officials may inspect “School properties,” including student lockers, at any time to seek out contraband items, or in the general interest of the maintenance of health and safety. Although lockers are assigned to students for their use they are exclusively the property of the school district. It shall be the duty of the administration to inspect these frequently for damage, vandalism and for the purpose of finding lost and missing items or contraband and prohibited items. Students are to be informed as to the nature of items that can be property kept in a locker and items, which are prohibited.
If items of "contraband" which are illegal are found during a search, these items may be turned over to law enforcement authorities and the possessor may be referred for prosecution. In addition, the administration shall take appropriate disciplinary action in line with this board policy and other relevant policies and regulations. Notification of parents will be made in accordance with existing policies and regulations.
As in all disciplinary matters, the administration shall, in making its decision on appropriate discipline, take into account the nature of the offense, previous offenses, the behavioral history of the student and considerations relevant to maintaining an appropriate learning environment. In all cases, it is the policy of the school district to take positive action through education, counseling, parental involvement, medical referral and law enforcement or social services referral in the management of students in possession of contraband items.
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IV. DISCIPLINARY PROCEDURES
Section V. of this policy outlines procedures for disciplinary action involving short-term or long-term suspension and expulsion. This section outlines a variety of approved disciplinary procedures of a less serious dimension. Such procedures include, but are not limited to:
(1) Counseling students and conferring with parents as appropriate.
(2) Detention before or after school or during recess periods.
(3) Requirements to revise assignments or prepare additional assignments.
(4) Restriction of extra-curricular activities.
(5) Isolation and in-school suspension. In-school suspension does not involve the loss of educational benefits since the student is assigned to a location within the school and provided with academic activities. Therefore the procedures described in Section V below do not apply to in-school suspension.
(6) Saturday School: Each Saturday School hour served will replace 2 hours of detention or in-school suspension. The purpose of the Saturday School is to provide discipline without requiring a student to miss any class time.
(7) Recommendation for professional counseling.
(8) Logical consequences of the initial behavior such as repairing or reimbursing the cost of damaged items.
Teachers may remove students from class on a short-term basis pending a conference with the Principal or Superintendent. The students shall be accompanied immediately to an administrator's office. Only an administrator shall make long-term or permanent re-assignment of a student.
Corporal punishment of students is prohibited in the Scribner-Snyder Community Schools and by state law. However, nothing in this policy shall prevent the reasonable use of force by employees to prevent a student from injuring himself/herself or others or to remove from the scene a student whose behavior presents a danger to himself/herself, others, or the orderly functioning of the school. All incidents involving the use of force are to be reported in writing to the Superintendent of Schools within 24 hours of their occurrence. The use of physical activity, such as exercises, as a punishment is also prohibited. However, this statement shall not be interpreted to limit non-punitive activity that is an appropriate part of the curriculum in Physical Education or to restrict non-punitive conditioning in athletics.
Teachers and Administrators are encouraged to make maximum use of parental support in maintaining discipline and or effective learning environment. Frequent conferences and contacts on both positive and negative behavior are appropriate.
V. EMERGENCY EXCLUSION/SUSPENSION/EXPULSION/MANDATORY REASSIGNMENT.
Scribner-Snyder Community Schools adheres to the Student Discipline Act of 1994, Nebraska Rule 51, IDEA (originally P.S. 94-142), section 504 of the Rehabilitation Act of 1973 and other appropriate state and federal laws and regulations with respect to emergency exclusion, suspension, expulsion, mandatory reassignments and the due process rights of students.
V-1. INFORMAL CONFERENCES
Before any student is excluded, suspended, expelled, or mandatorily reassigned for a violation of the district's code of student conduct, such student will attend an informal conference with the Superintendent, Principal or his/her designee. During this conference, the Principal will inform the
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student orally or in writing of the allegations against him/her, including an explanation of the evidence relating to such allegations. If the student denies or disputes the stated allegations he/she will be given the opportunity to give his/her version of the events relating to the allegations. In emergency situations, the Principal may waive the informal conference, but he/she shall schedule a conference with the student and his/her parent or guardian as soon as such a conference is practical.
V-2. GUIDELINES ON MAKING UP WORK.
It shall be the policy of the Board of Education to direct the Superintendent of Schools to develop and adopt the guidelines to be used in determining whether and to what extent a student who is given an emergency exclusion or short-term suspension pursuant to this policy may be given an opportunity to complete any class work, including, but not limited to, examinations missed during the period of suspension. The Superintendent or his/her designee shall take into consideration such things as, but not limited to, what impact the lack of opportunity to complete class work and examinations would have on the student's ability to timely graduate, obtain full credit in any course, and whether the disciplinary action would unduly diminish or exaggerate the seriousness of the offense or cause any other educationally relevant outcome. Such guidelines as the Superintendent or his/her designee may develop shall be provided to the student and parent or guardian at or prior to the time of suspension.
V-3. EMERGENCY EXCLUSION
A student may be excluded from school on an emergency basis for the following reasons:
(a) Having a dangerous communicable disease.
(b) Creating a danger to self or others.
1. Exclusion may not last longer than necessary to avoid the threats of the emergency.
If longer than 5 days, there must be substantial compliance with the procedures provided for long-term expulsion (suspension).
V-4. SHORT-TERM SUSPENSION
A student may be suspended for as many as five (5) days for conduct, which violates the rules of the Board of Education as outlined in this policy. The following procedures apply:
a. The Principal, Superintendent or his/her designee will make an investigation.
b. The Principal or Superintendent may suspend the student after he/she determines it is necessary to help the student, or to prevent interference with school purposes.
c. The student will be given oral or written notice of charges, an explanation of the evidence against him/her, and an opportunity to present his/her version.
d. Within 24 hours (or such time as is reasonably necessary) following suspension, the administrator will:
(1) Send a written statement to student, student's parent/guardian describing the student's conduct or violation of the rule.
(2) Give reason for the action taken.
(3) Make a reasonable effort to confer with the parents/guardian before, or at the time the student returns to school.
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V-5. LONG-TERM SUSPENSION/EXPULSION/MANDATORY REASSIGNMENT.
V-5-A. The following procedure will be followed for exclusion longer than five (5) days:
mail or personal delivery to the student, the student's parents or guardian, informing
them of the rights under State Statute.
3. This notice shall include the following:
a. Rule violated and summary of evidence.
b. Penalty, which the Principal has recommended.
c. Notice of right to a hearing.
d. Hearing procedures provided by this policy and appeal procedures.
e. A statement concerning the right to examine all records of the case.
f. . A statement concerning the right to know the identity of witnesses who will appear and substance of their identity.
g. The written notice letter shall include a form for the student's parents /or guardian to request a hearing.
V-5-B. The following preliminary procedure must be followed if a hearing is requested within five (5) school days of the notice:
1. Superintendent or his/her designee must appoint a Hearing Examiner.
2. Hearing Examiner must give a written notice within two (2) school days after being appointed to principal, student, and student's parents or guardian of the time and place for the hearing.
3. Requirements to be a Hearing Examiner:
a. Has not brought the charges against student
b. Shall not be a witness at the hearing
c. Has no involvement in the charge; can be impartial
d. Must be available to answer any questions relative to the hearing
e. May be a school employee
4. The hearing must be held within five (5) school days after the request, but cannot be held without providing the Principal, student, and the student's parent(s)/guardian(s) at least two (2) school days notice. The Hearing Examiner for good cause may postpone the hearing.
5. The right to examine the record and written statements (including the statement of any witnesses for the school) prior to the hearing must be provided to the student, legal counsel, student's parent, guardian, or representatives.
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6. If no hearing is requested, the punishment goes into effect on the 5th school day following notice. A hearing may be held, if requested after five (5) school days, but no later than thirty (30) calendar days following receipt of notice. If the student or the student's parent/guardian requests a hearing in more than 5 school
days, but not more than 30 calendar days following receipt of the written notice, the hearing shall be held, but the imposed penalty shall continue in effect pending final determination. See Section V-5-D.
7. If more than one student is charged with violation of the same rule and if the students are charged with acting in concert, a single hearing may be held, unless the students' interests may be substantially prejudiced as determined by the Hearing Examiner.
V-5-C. The following rules apply when a hearing is conducted:
1. The following shall attend the hearing:
Hearing Examiner, the student, his/her representative (if any), the student's parents or guardian, and if necessary, the counsel for the Board of Education.
2. Witnesses may be present only when testifying.
3. Anyone may be excluded by the Examiner if they disrupt the proceeding.
4. The student may speak on his/her own behalf and question witnesses; he/she may request not to speak; the student may be excluded, if necessary, when discussing the student's emotional problems.
5. The Principal shall present statements to the Hearing Examiner (in affidavit form) of anyone having information about the student's conduct and the student's records, only if these have been made available to the student, student's parents, guardian or representative prior to the hearing.
6. The Hearing Examiner is not bound by formal rules of evidence or other courtroom procedure.
7. The following persons may ask persons to testify at the hearing:
The student, the student's parents, guardian or representative, the Principal and the Hearing Examiner.
8. Testimony shall be under oath; the Hearing Examiner may administer the oath.
9. The persons listed in (7) above, shall have the right to question any witness giving information at the hearing.
10. Any person giving testimony is given the same immunity from liability as a person testifying in a court case to the extent provided by Nebraska state law.
11. The proceeding shall be recorded at the expense of the school district
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V-5-D. After the hearing is concluded, the Hearing Examiner's recommendations and the reasons for the decision.
1. The report shall include the Hearing Examiner's recommendations and the reasons for the decision.
2. The report shall be reviewed by the Superintendent of Schools who may change, revoke or impose the sanctions recommended. Never may the Superintendent's sanction be more severe than the Examiner's recommendations.
3. Written notice of the recommendations by the Examiner and the determination of the Superintendent shall be sent by certified or registered mail or personal delivery to the student and the student's parent/guardian.
4. Upon receipt of the written notice, the determination of the Superintendent shall take effect.
V-5-E. The following procedures apply to appealing the Superintendent's determination to the Board of Education.
1. The student or the student's parents or guardian may appeal the Superintendent's determination to the Board of Education by a written request filed with the Secretary of the Board or with the Superintendent within seven (7) school days of their receipt of the written notice of the Superintendent's determination. If such a hearing is requested it will be held within a period or 10 school days after such request unless the time for the hearing is changed by mutual agreement of the student and Superintendent.
2. Hearing of the Board of Education:
a. At least (3) Board of Education members must be present.
b. The appeal shall be made on the record, but new evidence may be admitted to avoid substantial unfairness. The new evidence shall be part of the record.
c. The appeal must be held on or before the next regular Board meeting.
d. When the Board deliberates, it may re-open the hearing to receive evidence subject to the right of all parties to be present.
3. The Board may alter the Superintendent's determination, but may not impose more severe sanctions.
4. Final determination of the Board shall be personally delivered or sent by registered mail to the student and his/her parent or guardian.
5. Appeal of the decision of the Board is to the district court of the county where the action is taken. Appeal must be made within thirty 30) days after service of the final decision of the Board.
6. The appeal record shall consist of the charge, the notice, the evidence presented and the Hearing Examiner's findings and recommendations.
7. On appeal to a court, the record shall also consist of any additional evidence taken and any additional actions taken in the case.
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V-6. IMPOSITION OF PENALTIES PRIOR TO HEARING
Generally, penalties shall be imposed at the conclusion of the hearing and the Superintendent's determination or, if no hearing is requested within five (5) days, at the end of the 5th day. If the student or the student's parent or guardian requests a hearing more than 5 school days but not more than 30 calendar days following the actual receipt of written notice, the hearing shall be held, but the imposed punishment shall continue in effect pending final determination, subject to the exceptions provided below.
The Principal may suspend a student immediately, regardless of the fact that a hearing was requested within five days of notice of expulsion or long-term suspension by the school if the Principal determines that such immediate suspension is necessary to prevent or substantially reduce the risk of:
(a) Interference with an educational function or school purpose, or
(b) Personal injury to the student, other students, school employees, or school volunteers. Although the preferable practice is that the Principal make such determination in writing nothing in this policy shall so require. If no hearing is requested, the immediate suspension will continue until the day the long-term suspension, expulsion, or mandatory reassignment takes effect. If a hearing is requested, the suspension will continue until the date the Hearing Examiner files the report of his/her findings with the Superintendent, if the Principal has made a determination as above described.
VI. MAXIMUM LENGTH OF EXPULSION.
Except as otherwise provided, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which the expulsion took effect. However, if the misconduct occurred within ten (10) school days prior to the end of the first semester, the expulsion may remain in effect through the second semester. If the misconduct occurred within ten (10) school days prior to the end of the second semester, the expulsion may remain in effect for summer school and for the first semester of the following year.
If a student is expelled for the use of force, or causing or attempting to cause personal injury to another individual, or for knowingly and intentionally possessing or transmitting a firearm or a dangerous weapon, the expulsion shall be for a period not to exceed the remainder of the school year in which it took effect, if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.
Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review and shall be reviewed by the Hearing Examiner before the beginning of the school year. The review shall take place after the Hearing Examiner has given notice of the review to the student and the student's parent or guardian. The review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. If there is no such evidence the Hearing Examiner need not provide a hearing in order to complete his or her review. The Hearing Examiner may make a recommendation that the student be readmitted for the upcoming school year. The student may be readmitted by action of the Superintendent of Schools unless the School Board or Board of Education took the final action to expel the student. Under such circumstances, the student may be readmitted only by action of the Board.
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It is the policy of this School District to require the expulsion from school for a period of not less than one year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm on school grounds, in a school-owned or utilized vehicle, or during an educational function or event off school grounds, or at a school-sponsored activity or athletic event. For purposes of this policy, "firearm" means a firearm as defined in 18 U.S.C. 921, as that statute existed on January 1, 1995. That statute includes the following statement: "The term 'firearm' means (a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device." The Superintendent or the Board of Education may modify such required expulsion on an individual, case-by-case basis. This policy shall not apply to: (a) the issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training or (b) firearms which may lawfully be possessed by a person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms.
VII. ALTERNATIVES TO EXPULSION.
The school district may suspend the enforcement of an expulsion as long as such suspension does not extend beyond the end of the full semester after the semester in which the expulsion took effect. During the period of time that the expulsion is suspended, the school district may assign the student to a school, class, or program, which it deems appropriate for rehabilitation of the student. This district is by this policy herewith authorized to join together with another district or districts as the Superintendent may decide in providing such rehabilitation. This district may, by agreement with another district send its suspended or expelled students to any school, class, or program operating in the other districts. The rehabilitation program, if offered, may be a community-centered classroom and may include experiences for the student as an observer or aide in governmental functions, as an on the job trainee, or as a participant in specialized tutorial experiences or individually prescribed educational and counseling programs. Such programs shall include an individualized learning program to enable the student to continue academic work for credit towards graduation. If, at the end of the period of suspension or enforcement, the student has satisfactorily participated in the rehabilitation program, the district shall permit the student to return to the school of former attendance or to attend other programs offered by the district. However, if the student's conduct has been unsatisfactory, the district shall enforce the expulsion action. If the student is reinstated, the district, by its Superintendent, may also take action to expunge the record of the expulsion action.
Nothing in this action shall be construed to require the district or administration neither to suspend the enforcement of any expulsion, nor to require the district to enter into any contract or other arrangement with another school district or districts to provide any programs as are in this section of the policy.
VIII. REQUIRED REPORTS TO LAW ENFORCEMENT AGENCIES.
In the event the Principal knows or suspects that a violation of Criminal Code has taken place on school property or off school property at a school function, and when such act consists of any unlawful acts described in Section 79-268 (Reissue 1996), the Principal shall notify the county sheriff or city law enforcement authorities, as appropriate. Before making such a report, the Principal shall undertake reasonable efforts to ascertain the truth or falsity of any event upon which the making of a report to law enforcement would be based. Nothing in this section shall be construed to require the reporting of any law violation by the Principal except if the criminal act to be reported occurred on the school grounds of the district or during an educational function or event in which the district is involved, but off school grounds.
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IX. RELEASE OF STUDENTS TO "PEACE OFFICERS".
Consistent with any other lawful policy of the district, when the Principal or other school official releases a minor student to a peace officer as defined by Nebraska State law, the Principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to such officer. The Principal shall inform the parent, guardian, or responsible relative of the place to which the minor is reportedly being taken unless the minor has been taken into custody as a victim of suspected child abuse in which case, the Principal or school official shall provide the authority by whom the minor has been taken into custody with the address and telephone number of the minor's parent or guardian or other responsible relative.
X. COORDINATION WITH OTHER DISTRICT POLICIES.
Nothing in this policy shall be construed to modify any of the district's existing policies on student privacy, student records, or policies pertaining to the district's role in dealing with the Department of Social Services, law enforcement officials, or other authorities who seek information from the school about a student when such knowledge is or may be privileged or private by applicable law.
Legal reference: Neb. Rev. Stat. Sections 79-254 through 79-294, 79-295, 28-401, 28-1419, 49-801, 53-180.02, 79-526, 79-737; PL 101-226; 34 CFR, Part 86.