Student Discipline Washington County School District (Revised 10-12-99;4-17-01; 08/08/08)
The Board of Education of the Washington County School District recognizes that every student in the schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. To foster such an environment the following policy has been adopted and is based on the following principles:
2.1. Each student is expected to follow accepted rules of conduct;
2.2. Each student is expected to show respect for other people and obey persons in authority at the school;
2.3. The policy applies to students while in the classroom, on school grounds, on school vehicles, and in school-related activities or events.
2.4. For mandatory School Reporting of Drug Use - refer to expulsion and attendance in Utah State Code referenced above.
3.1.2. Expulsion is defined as the removal from school and the cessation of educational services provided by the Washington County School District for any period longer than 10 consecutive days but not more than 1 school year.
3.2. Grounds for Suspension, Transfer to Alternative Educational Setting and Expulsion:
220.127.116.11. Willful destruction or defacing of school property;
18.104.22.168. 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 bullying, emotional, physical or sexual harassment (see policy 1425 on sexual harrassment); (10-12-99)
22.214.171.124. Possession or use of pornographic material on school property. (H.B. 100- 4-30-07)
126.96.36.199. Possession, control, or use of an alcoholic beverage as defined in Section 32A-1-105 of the Utah Code;
188.8.131.52. Possession, control, or use of tobacco;
184.108.40.206. Behavior described in Section 3.2.2 which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with any such person, regardless of where it occurs.
220.127.116.11. Because of identification and association with gangs, the following will not be permitted on school campuses or at school activities: bandannas or any article of clothing bearing gang symbols, names, initials, insignia, or anything else that signals gang affiliation.
18.104.22.168. When a school official determines that time is needed to establish further facts of an act or series of acts of disobedience and misconduct disruptive to the learning process which may lead to suspension or expulsion from school.
3.2.2. A student shall be suspended or expelled from school for any of the following reasons:
22.214.171.124.2. The actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities;
126.96.36.199.3. The sale, control, or distribution of a drug or controlled substance as defined in Section 58-37-2;
188.8.131.52.4. The sale, control, or distribution of an imitation controlled substance as defined in Section 58-37b-2;
184.108.40.206.5. The sale, control, or distribution of drug paraphernalia as defined in Section 58-37a-3.
220.127.116.11. The commission of an act involving the use of force or threatened force which if committed by an adult would be a felony or class A misdemeanor.
18.104.22.168. A student who commits a violation of section 3.2.2 above involving a real or look alike, weapon, explosive, or flammable material shall be expelled from school for a period of not less than one year, subject to the following:
22.214.171.124.2. The superintendent shall determine:
126.96.36.199.2.2. If the student should be placed on probation in a regular or alternative school setting consistent with Section 53A-11-907, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school the student is placed in; and
188.8.131.52.2.3. If it would be in the best interest of both the school district and the student to modify expulsion term to less than a year, conditioned on approval by the local school board and giving highest priority to providing a safe school environment for all students.
184.108.40.206. A student may be denied admission to school on the basis of having been expelled from that or any other school during the preceding 12 months. A suspension or expulsion under this policy is not subject to the age limitations under Subsection 53A-11-102(1).
3.3. Suspension Procedures:
3.3.2. If it is determined by the principal or assistant principal that a suspended student must immediately leave the school building and the school grounds, the principal or assistant principal shall determine 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.
3.3.3. If there is reasonable validity to the student's explanation and his/her presence in school will not be disruptive or injurious to himself/herself and others, he/she will be allowed to remain in school until a more thorough investigation regarding the facts in the case can be made at which time a decision will be made regarding whether to suspend or not to suspend the student. In any circumstances where suspension is made, the parents or legal guardian must be notified as soon as possible, but not later than 24 hours by telephone or mail of the suspension and asked to discuss the matter with the appropriate school official. At this conference, the reasons for the suspension will be discussed along with the conditions upon which the matters might be resolved and the student returned to school.
3.3.4. If a satisfactory resolution cannot be reached, the student may be suspended from school a maximum of 10 days. If a satisfactory resolution cannot be reached and the student returned to school within the 10 day period, the student may be subject to a temporary disciplinary transfer or a recommendation made that the student be expelled from school.
3.4. Expulsion Procedures:
220.127.116.11. The length of time for which the expulsion is being recommended;
18.104.22.168. A description of the school regulation(s) allegedly violated by the student;
22.214.171.124. A statement of the facts as known to the principal leading to the recommendation for expulsion;
126.96.36.199. The time and place of the expulsion hearing;
188.8.131.52. A copy of this policy.
3.5. The Expulsion Hearing:
3.5.2. All persons presenting information shall appear in person at the hearing. Each of the complaining parties will have the opportunity to present its views on the situation to the hearing panel. The school administration and the parent may present witnesses, although witnesses cannot be compelled to attend.
3.5.3. The tribunal reserves the right to contact persons or otherwise obtain facts that will assist them in reaching an informed decision.
3.5.4. The decision of the tribunal will be sent in writing via registered mail to each of the complaining parties within 24 hours of the decision. The decision shall contain notice of the right of either party to appeal the decision to the Board of Education.
3.5.5. Results of all expulsion hearings shall be reviewed by the Superintendent or his/her designee, and the conclusions reported to the Board of Education at least once each year.
3.6. Appeal of Expulsion to the Board of Education:
3.6.2. The Board or committee thereof conducting the appeal hearing, shall determine specifically if there was sufficient evidence to find that the alleged violation(s) occurred and if the penalty imposed was appropriate for the violation(s). At the appeal hearing:
184.108.40.206. Each of the complaining parties may address the Board or committee on the evidence and the appropriateness of the decision of the hearing panel.
3.6.3. The decision of the tribunal shall be in effect upon the student pending the decision of the appeal to the Board or committee. The decision of the Board or committee shall be forwarded via registered mail to each of the complaining parties within 24 hours of the decision.
3.7. Alternatives to Suspension or Expulsion:
3.7.2. If the parent or guardian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the conduct and this policy.
3.7.3. The parent or guardian of a suspended student and the principal or assistant-principal may enlist the cooperation of the Division of Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student's suspension. (See Utah Code, Title 53A-11-903 and 53A-11-103(2).)
3.8. Education of Excluded Students:
3.8.2. Any student temporarily suspended from regular classroom instruction shall be allowed full opportunity to make-up work missed as a result of the suspension. It is the responsibility of the student to contact his/her teacher(s) to obtain missed assignments, tests, etc.. The principal or assistant principal shall inform the student as to the procedures for contacting the teacher(s) to obtain work during the period of suspension.
3.8.3. The parent or guardian and the principal or assistant-principal may enlist the cooperation of the Division of Family Services, the juvenile court, or other appropriate state agencies to meet the student's educational needs.
3.8.4. The school shall contact the parent or guardian of each expelled student under the age of 16 at least once a month to determine the student's progress.
3.8.5. Application of Policy to Students With Disabilities:
3.8.6. The District shall maintain a record of all suspended and expelled students and a notation of the suspension or expulsion shall be attached to the individual student transcript and may be removed at the end of the suspension or/expulsion period.
The policy applies to student with disabilities to the extent permissible under applicable law or regulation. If application of any requirement of this policy to a student with a disability is not permissible under applicable law or regulation, the principal or assistant-principal shall implement other actions consistent with the conflicting law or regulation which shall most closely correspond to the requirements of this policy.
3.9. Temporary Disciplinary Transfer Procedure:
3.9.1. The parent must be notified in writing within 10 days of the administrative decision to transfer the student to an alternative educational setting as a result of a violation of Section 3.2. The notice shall include:
220.127.116.11. The reason for the transfer to an alternative setting.
18.104.22.168. The length of stay in the alternative educational setting.
22.214.171.124. Any conditions that would afford the student the opportunity for an early return to school.
126.96.36.199. Information on how to check-out of the current school, including information about turning-in work the student may have completed.
188.8.131.52. Information on how to enroll in the alternative educational setting, and
184.108.40.206. The opportunity to request an informal hearing on the matter. A written request for a hearing must be submitted by the parent to the school principal within 10 days of the receipt of the notice.
A copy of the grounds for suspension and expulsion from this policy shall be provided to each student upon enrollment in a school in the Washington County School District. A copy of the grounds for suspension and expulsion from this policy shall be posted in a prominent location in each school. Any significant changes shall be distributed to the student in the school and posted in the school in a prominent location. (Approved 6-13-95)
Distribution: Board Members, Superintendent, Associations, Assistant Superintendents, Administrators and Principals.