(revised)

Student Discipline Policy

 

Introduction:   The following discipline policy applies to all students, grades 7-12, in the Elkton School District .  The consequences described apply regardless of whether the misbehavior took place in school, on district property, in a district vehicle, at a school or district activity, or at a school bus stop.  The consequences may also apply for misbehaviors that took place at another location but directly affect school programs or activities.  On a case-by-case basis, the principal may implement consequences other than those outlined herein where it is necessary to protect the safety of students and staff or as necessary to prevent disruption of the educational environment.  Any behavior that may constitute a crime under state and federal law may be referred to law enforcement. 

 

Definitions:

 

“Detention” means the action of a staff member or the principal that requires a student to spend a specified period of time before or after school with the individual who assigned the detention.  The individual assigning the detention will determine the date, time, and location of the detention and will notify the student’s parents of this information.

 

“In-school Suspension” means the exclusion of a student by the principal from a class or an entire school day where the student must be present in the school building but will work independently in an isolated location to be determined by the principal.  A student assigned to in-school suspension will be allowed to complete all schoolwork assigned during the in-school suspension period, and he or she will receive credit for all work completed.  The student may also participate in extra-curricular activities but only to the extent the activity does not interfere with the assigned detention time. 

 

“Short-term suspension” means the exclusion of a student by a principal or superintendent from a class or from school for not more than 10 school days.  During the short-term suspension period, the student may not be in the school building or on school or district property, and the student may not participate in or attend school or district events or activities.  Each school day missed as a result of short-term suspension will be considered an unexcused absence, and no credit will be given for schoolwork assigned during the absence.

 

“Long-term suspension” means the exclusion of a student by the district superintendent or school board from a class or from school for more than 10 but not more than 90 school days.  During the long-term suspension period, the student may not be in the school building or on school or district property, and the student may not participate in or attend school or district events or activities.  Each school day missed as a result of long-term suspension will be considered an unexcused absence, and no credit will be given for schoolwork assigned during the absence.

 

“Expulsion” means the action of the school board that terminates a student’s membership in school for not more than 12 consecutive months.

 

 

Misbehaviors and Consequences:

 

Misbehavior

First Offense

Second Offense

Third Offense

Abuse: verbal, written or otherwise expressed – arousing alarm in others through the use of language that is discriminatory, abusive, threatening, or obscene.

Detention as assigned by teacher or principal.

Referral to principal for detention or other appropriate discipline.

In-school or short-term suspension assigned by principal

Alcohol Possession or Use – possessing or being under the influence of alcohol.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.

Arson – intentional destruction or damage to school or district buildings or property by means of fire.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.  Depending on the severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Assault: physical or verbal  - acting with intent to cause fear in another person of immediate bodily harm or death, bullying, or inflicting or attempting to inflict bodily harm upon another person.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.  Depending on the severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Bomb Threat – intentionally giving a false alarm of a bomb.

Suspension of ten (10) days and referral to law enforcement. Depending on the severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Damage to Property – defacing, cutting, or otherwise damaging property that belongs to the school, district, other students, employees, or others.

Restitution must be paid for the damaged property and referral to the principal for appropriate discipline depending upon the severity and frequency of the behavior.

Dress – wearing or displaying clothing that may include words or visuals; or are lewd, obscene, disruptive, abusive, discriminatory, or that advertise or promote the use of drugs, alcohol, or tobacco.  Hats, caps, and head-coverings must be kept in the student’s locker.

Detention as assigned by teacher or principal.

Referral to principal for detention or other appropriate discipline.

In-school suspension assigned by principal.

Drugs – possessing, distributing, or being under the influence of any narcotic or controlled substance, or item purported or believed to be a narcotic or controlled substance, or possessing or distributing drug paraphernalia where possession or use is prohibited by state or federal law; or use of over-the-counter or prescription drugs for the purpose of mood alteration or intoxication, or inhaling the fumes of certain volatile substances for their mood-altering or intoxicating effect.

Short-term suspension of ten (10) days and referral to law enforcement.  Depending on the frequency and severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Fighting – adversarial physical contact (differentiated from poking, pushing, shoving, or scuffling) in which one or the other parties or both contributed to the situation by verbally instigating a fight and/or physical contact.

Short-term suspension of three (3) days for all individuals involved and referral to law enforcement.  Depending on the frequency and severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Harassment, including sexual and Bullying – participating in or conspiring with others to engage in acts that injure, degrade, intimidate, or disgrace another individual, including indecent exposure, displaying pornography, and words or actions that negatively impact an individual or group based on their racial, cultural, or religious background, their sex, any disabilities they may have, or their color, creed, or national origin.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.  Depending on the frequency and severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Hazing – committing an act against a student or coercing a student into committing an act that creates a substantial risk of harm or holds a student up to ridicule in order for the student to be initiated into or affiliated with a student organization, group, or club.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.  Depending on the frequency and severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Insubordination – willful refusal to follow an appropriate direction given by a staff member, or acting in a disrespectful manner toward staff.

Detention as assigned by teacher or principal.

Referral to principal for detention or other appropriate discipline.

In-school or short-term suspension assigned by principal.

Interference, disruption, or obstruction – any action taken to prevent a staff member or student from exercising their assigned duties, including but not limited to, talking, sleeping, not paying attention, or coming to class without necessary materials, or interference or distraction from an electronic device, including pagers, radios, headsets, and telephones.  All electronic devices must be kept in the student’s locker.

Detention as assigned by teacher or principal.

Referral to principal for detention or other appropriate discipline.

In-school or short-term suspension assigned by principal.

Forgery/ misrepresentation: oral or written – falsifying signatures or data, or giving false information to a staff member.

Referral to principal for appropriate discipline depending upon the severity and frequency of the behavior.

 

Leaving school building without permission.

Detention as assigned by teacher or principal.

Referral to principal for detention or other appropriate discipline.

In-school or short-term suspension assigned by principal.

Missed Detention – not attending assigned detention.

Time doubled for each missed detention for a maximum detention time of three (3) hours.  If the student does not report for detention after accumulating three (3) hours of detention, the student will be assigned to in-school or short-term suspension at the discretion of the principal.

Plagiarism or Cheating – stealing or using the words, ideas, or work of another in daily work, tests, assignments, and other schoolwork.

Detention as assigned by teacher or principal.  Teacher may deny credit for work.

Referral to principal for detention or other appropriate discipline. Teacher may deny credit for work.

In-school suspension assigned by principal. Teacher may deny credit for work.

Robbery or extortion – obtaining property from another person without consent or where his or her consent was induced by use of force, threat of force, or under false pretenses.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.  Depending on the frequency and severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Skipping class – in school or on school or district grounds but not attending class.

Detention as assigned by teacher or principal.

Referral to principal for detention or other appropriate discipline.

In-school suspension assigned by principal.

Serious Threat – threatening, directly or indirectly, to commit a crime of violence with the purpose to terrorize another or with reckless disregard of the risk of causing terror in another.

Short-term suspension of three (3) to ten (10) days and referral to law enforcement.  Depending on the severity of the behavior, the principal may recommend other action including long-term suspension or expulsion.

Theft or knowingly possessing stolen property – unauthorized taking of property of another or possessing such property.

Detention as assigned by teacher or principal.

Referral to principal for appropriate discipline depending upon the severity and frequency of the behavior. 

Tobacco – possessing or using tobacco in district buildings, on district grounds, in district vehicles, or at district events.

Referral to principal for appropriate discipline depending upon the severity and frequency of the behavior.

Weapon – possessing any firearm or any device intended to look like a firearm; any knife; or any other device, instrument, or substance, which, in the manner in which it is used or intended to be used may produce severe bodily harm.

Suspension of ten (10) days, referral to law enforcement, and recommendation for expulsion from school.

 

 

Harassment and Bullying:     The Elkton School District prohibits all forms of infringement of the rights of others between and among students and adults connected with the operation of the District.  The District will enforce all state and federal laws prohibiting harassment and bullying, and any individual who believes he or she has been subjected to physical or verbal harassment or bullying may file a written Harassment/Bullying Report with the district superintendent.

 

Upon investigation of a written Harassment/Bullying Report, the principal or district superintendent may impose short-term suspension of three (3) to ten (10) days upon the individual(s) engaging in harassing or bullying behaviors and refer the matter to law enforcement.  Depending upon the severity and frequency of the behavior, the principal or superintendent may also recommend long-term suspension or expulsion.  Any individual who believes he or she has been subjected to physical or verbal harassment or bullying may also seek to resolve the matter through the grievance procedure outlined below.

 

Additional information regarding the District’s policies against harassment and bullying and a Harassment/Bullying Report form may be found in the Superintendent’s Office. 

 

Due Process Procedures:      Pursuant to South Dakota law and regulation, the following procedures will be followed when a student is disciplined through short-term suspension, long-term suspension, or expulsion.

 

1.         Short-term Suspension: If a short-term suspension from a class, classes, or school is anticipated because of a student’s behavior, the principal shall give oral or written notice to the student as soon as possible after discovery of the alleged behavior, stating the facts that form the basis for the suspension.  The student must be given the opportunity to answer the charges.  If a student is suspended, the principal must give the parent oral notice, if possible, and shall send the parent or a student who is 18 years of age or older or an emancipated minor a written notice that provides information regarding the student’s due process rights.  A student who is an unemancipated minor may not be removed from the school premises before the end of the school day without contacting a parent unless the student’s presence poses a continuing threat or danger, in which case the student may be immediately removed from the school and transferred into the custody of a parent or law enforcement.

 

2.         Long-term Suspension:            

 

a.         Written report required: If long-term suspension is anticipated because of a student’s behavior, the superintendent must file a sealed, written report with the school board by the end of the fifth school day following the first day of the long-term suspension and may request that a hearing be held before the school board. The report must include the facts of the situation, the action taken, the reasons for the action, and the superintendent's decision or recommendation. The report must remain in the possession of the school board secretary or business manager, sealed and unavailable for review by individual school board members, until the time set for a hearing. The superintendent must send a copy of the report to the student's parent or to the student if the student is 18 years of age or older or an emancipated minor at the same time the report is filed with the school board's secretary or business manager.

 

b.         Right to request hearing -- Notice of hearing. If the superintendent finds grounds for a long-term suspension from a class or classes, the superintendent may exclude the student from a class or classes by using the short-term suspension procedure set forth above. The superintendent shall give a written notice to the student’s parent or to a student who is 18 years of age or older or an emancipated minor and may schedule a hearing. The notice shall contain the following minimum information:

(1)  The policy allegedly violated;

            (2)  The reason for the disciplinary proceedings;

            (3)  Notice of the right to request a hearing or waive the right to a hearing.

            (4)  A description of the hearing procedure;

(5)  A statement that the student’s records are available at the school for examination by the student’s parent or authorized representative; and

            (6)  A statement that the student may present witnesses.

If a hearing is requested, the superintendent shall give notice to each school board member of an appeal to the board for a hearing. The superintendent shall set the date, time, and place for the hearing and send notice by first class mail to each school board member and by certified mail, return receipt requested, to the student’s parent or to a student who is 18 years of age or older or an emancipated minor.  If no hearing is requested or the hearing is waived, the action of the superintendent is final.

         

c.         Right of waiver. The student, if of the age of majority or emancipated, or the student’s parent may waive the right to a hearing in writing to the superintendent. If the hearing is not waived, the hearing shall be held on the date, time, and place set in the notice unless a different date, time, and place are agreed to by the parties.

 

d.         Hearing procedure. The school board is the hearing board and shall conduct the hearing in the following manner:

(1)  The school board shall appoint a school board member or a person who is not an employee of the school district as the hearing officer;

            (2)  Each party may make an opening statement;

(3)  Each party may introduce evidence, present witnesses, and examine and cross-examine witnesses;

            (4)  Each party may be represented by an attorney;

            (5)  The school administration shall present its case first;

(6)  The hearing is closed to the public. A verbatim record of the hearing will be made and will be sealed pending court order;

(7)  Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president or business manager;

(8)  Each party may raise objections; however, objections are limited to relevancy and scope of the question;

(9)  All relevant evidence must be admitted; however, unproductive or repetitious evidence may be limited by the hearing officer;

(10)  The hearing officer may ask questions of witnesses and may allow other school board members to interrogate witnesses;

            (11)  Each party may make a closing statement;

(12)  After the hearing, the school board shall continue to meet in executive session for deliberation. No one other than the hearing officer may meet with the school board during deliberation. The school board may seek advice during deliberation from an attorney. Consultation with any other person during deliberation may occur only if a representative of the student is present; and

(13)  The decision of the school board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The motion must omit the name of the student and must state the reason for the board's action. The school board shall notify the student or the student’s parents in writing of the decision. The notice must state the length of the suspension or expulsion.

 

e.         Right of appeal. The student may appeal an adverse decision by the school board to the circuit court.

         

f.          Attendance policies. The attendance policy of a school district may not exclude a student from a class or from school for more than ten days without providing due process procedures outlined here.

 

g.         Referral to placement committee of students in need of special education. If a student identified as in need of special education or special education and related services pursuant to SDCL 13-37-1 is expelled or subjected to long-term suspension, the procedure in § 24:05:26:09 applies.

 

2.         Expulsion:         If expulsion is anticipated because of a student’s behavior, the student will be afforded due process procedures substantially similar to those outlined above, including those governing written report by the superintendent, notice of hearing, right to waive hearing, hearing procedures, right to appeal, and referral to placement committee for students in need of special education and related services.  As with long-term suspension, the Elkton School District may not expel a student from one or more classes or from a school for more than ten consecutive school days without providing the due process procedures described above.

 

Grievance Procedures:          Students, parents, and employees are encouraged to use the following procedures if they believe they have been subject to unfair or discriminatory disciplinary action, or they have a specific complaint regarding the content or implementation of District’s discipline policy.  In addition, the following procedures may be used to resolve issues related to Harassment/Bullying Reports filed with the District.  The burden of proof lies with the individual filing the grievance or report. 

In order to ensure each grievance is addressed in a fair and equitable manner, it is important that the individual filing the grievance does not proceed to the next level until he or she has made a good faith attempt to resolve the matter at the lowest level.  The same is true for Harassment/Bullying Reports.  However, in the event the individual filing a Harassment/Bullying Report feels he or she has been subjected to verbal or physical harassment by a teacher or staff member, he or she may proceed to Level 2. 

 

Level 1:         

The individual filing the grievance or Harassment/Bullying Report will have an opportunity to discuss the matter with a teacher or staff member.

 

Level 2:

If the grievance or issues related to a Harassment/Bullying Report remain unresolved at Level 1, the individual filing the grievance or report may bring the matter to the Principal for his/her consideration.

 

Level 3:

If the grievance or issues related to a Harassment/Bullying Report remain unresolved at Level 2, the individual filing the grievance or report may bring the matter to the Superintendent of Schools/CEO for his/her consideration.

 

Level 4:

If the grievance or issues related to a Harassment/Bullying Report remain unresolved at Level 3 and all of the procedures outlined above have been exhausted, the individual filing the grievance or report may bring the matter to the Elkton School Board for consideration. 

 

As stated above, Harassment/Bullying Reports must be filed in writing with the Superintendent’s Office.  Grievances regarding the content or implementation of the District’s discipline policy may be made orally or in writing at Levels 1-3.  However, any unresolved grievance brought to the Elkton School Board must be presented in writing.  The School Board’s decision is final unless the individual filing the grievance requests a hearing.  If a hearing is requested, the School Board shall comply with the procedures outlined above.

           

            PLEASE NOTE:         Due to state and federal privacy laws, no district employee, administrator, or school board member will be permitted to discuss Harassment/Bullying Reports or disciplinary action or inaction regarding a specific student unless the grievance or report is filed by that student, his or her parent or guardian, or authorized representative.