HOBART SCHOOL BOARD

BOARD POLICY MANUAL

ARTICLE NINE: STUDENT DISCIPLINE SECTION

G. Student Discipline
G. 1. Statement of Purpose
G. 1. A. Purpose of Policy on Student Discipline
G. 1. B. Guidelines and Board Philosophy
G. 2. Legislative and Board Grants of Authority
G. 3. Rules of Student Conduct
G. 3. A. Grounds for Suspension and Expulsion
G. 3. B. Procedures for Suspension
G. 3. C. Procedures for Student Expulsion
G. 3. D. Parental participation in student conduct actions
4. Definitions
G. 4. A. Good Standing
G. 4. B. Principal. IC 20-8.1-5.1-1
G. 4. C. Superintendent. IC 20-8.1-5.1-2
G. 4. D. Member of the Administrative Staff. IC 20-8.1-1-6
G. 4. E. School Purposes. IC 20-8.1-1-8
G. 4. F. Educational Function. IC 20-8.1-1-9
G. 4. G. Expulsion defined in IC 20-8.1-1-10
G. 4. H. Suspension defined in IC 20-8.1-1-11
G. 4. I. Interference with School Purposes or an Educational Function. IC 20-8.1-1-13
G. 4. J. School Property
G. 4. K. Detention
G. 4. L. Firearms
G. 4. M. Deadly Weapons
G. 8. Personal, Desk, Locker Searches (new page)
G. 9. Habitual Truant and Driver's License Privileges (new page)
10. Corporal Punishment

G. Student Discipline (1/4/96)

G 1. Statement of Purpose

G 1 A. Purpose of Policy on Student Discipline
The mission of the school to assist students in the transition to responsible adulthood requires instilling in students those mature habits of behavior required by a democratic society. The board recognizes that the disruptive behavior of an individual student deprives other students of their right to a school climate conducive to learning, and does not promote those habits. The board also understands that children and young adults cannot always be held accountable to the strict standards of behavior demanded of adults.

Just as education must seek innovative methods to meet the educational needs of individual students, so must discipline policies permit those with authority over student behavior to find creative methods to instill those habits, and serve the discipline needs of students. It is with understanding of all of these concerns that the Board of School Trustees adopts specific policies relating to student discipline.

In addition, school handbooks reflect the regulations for individual buildings, and may contain additional rules for student behavior, so long as they do not violate either the letter or the intent of this policy.

G 1 B. Guidelines and Board Philosophy

G 1 B 1. Authority to Require Counseling
The superintendent, principal, or other school official shall be authorized, with parental consent, to require behavioral testing, counseling, or drug or alcohol abuse evaluation by a licensed agency approved by the school corporation if such testing, counseling, or evaluation is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.

The cost of these services shall be the responsibility of the person responsible for the care of the student, and the school corporation may require, with parental consent, release of the results, progress reports, and other information to appropriate school officials.

G 1 B 2. Board Philosophy towards Suspension and Expulsion
It is the premise of the Board of School Trustees that students belong in school. We would be remiss in our responsibility if we allowed in school, without a suitable cooling-off period and appropriate counseling, a student whose activities threaten the safety of others, or the security of the facilities in which school activities take place. Disruptive activities may be dealt with in other ways, both within the school day, and by requirements for additional experiences which may aid the student in learning self-discipline and respect.

G 1 B 3. Purpose for Expulsion Procedure
The expulsion procedure is useful because it removes the student from good standing, allows the procedure to dictate requirements for re-admittance to school, and assures that alternatives which are less disruptive of the educational process have been considered. It is recognized by the Board that viable alternatives to expulsion do not exist in all cases.

G 1 B 4. Reporting Crimes
The Board recognizes that school employees and administrators are obligated to report crimes involving controlled or illegal substances. This Board Policy is intended to aid employees and administrators in complying with this reporting law. (see IC 20-8.1-12(1) through (6))

G 1 B 5. Summary
It is anticipated that the school administration will move for expulsion when warranted by the seriousness of the offense; and that the expulsion examiner will attempt in his or her recommendations to find ways in which the student can successfully return to the educational environment.

G 2. Legislative and Board Grants of Authority

G 2 A. Legislative Intent. IC 20-8.1-5.1-3

G 2 B. Authority Granted Teachers and Staff Members

G 2 B 1. Authority Granted by IC 20-8.1-5.1-4.

G 2 B 2. Authority Granted by IC 20-8.1-5.1-18. G 2 B 3. Board Grant of Authority to Teachers and Other Staff Members

G 2 B 3a. A teacher will have the right to remove a student from his or her class or activity for a period of up to one (1) school day if the student is assigned regular or additional work to be completed in another school setting during that class period.

G 2 B 3b. Other staff members, with approval of the building principal or designee, may remove a student from a school activity or other function which they supervise for a period of up to one (1) school day. If the removal is from an academic class, the student is to be assigned regular or additional work to be complete in another school setting.

G 2 B 3c. Removal from school sponsored transportation shall be subject to the provisions of subsection (F)(6) of this article.

G 2 B 3d. Detention should be dealt to students reasonably and only for discipline purposes. However, in situations where a student consistently fails to produce assigned homework or other required class work, detention may be assigned by the teacher to provide the student an uninterrupted period of time during which such assignments may be completed.

G 2 C. Authority Granted the Principal by IC 20-8.1-5.1-5

G 2 D. Authority Granted the Superintendent.

G 2 D 1. Authority under IC 20-8.1-5.1-6

G 2 D 2. Board Grant of Authority to the Superintendent
Subject to the due process provisions of this policy, the superintendent or designee may expel a student from school for a period no longer than the remainder of the current semester plus the following semester, with the exception of a violation of subsection 3(A)(6) of this policy relating to firearms and deadly weapons,

G 2 E. Authority Granted the Board

G 2 E 1. Authority and Duties under IC 20-8.1-5.1-1-7

G 2 E 2. Additional authority under IC 20-8.1-5.1-20 G 2 E 3. Board Review of Proposed Discipline Rules
All rules, standards or policies adopted by anyone other than the board and applying to any group of students or to students generally, shall not be effective until they are reviewed and approved by the superintendent and presented to the board following the procedure contained in this subsection.

G 2 E 3a. Unless a serious emergency exists, the superintendent shall present any such rule to the board at least one week prior to the board meeting at which the rule will be considered by the board.

G 2 E 3b. At the board meeting designated by the superintendent and board president for consideration of such rule, the superintendent, or his designee, shall explain in public session the proposed rule, the reasons requiring adoption of such rule, and the purposes such rule shall serve, and shall indicate formally his approval of the rule.

G 2 E 3c. After approval by the superintendent, the board may:

G 2 E 3c 1. Table its decision until the next public meeting of the board, if it feels further clarification of the rule is needed; however, it must act at that following meeting; or

G 2 E 3c 2. by majority vote remand the rule for revision; or

G 2 E 3c 3. by majority vote adopt any change it feels necessary to the rule unless IC 20-7.5-1-5 (collective bargaining) requires further discussion of the rule; or

G 2 E 3c 4. by refusing to take the actions specified in (1), (2), or (3) indicate its acceptance of the rule.

G 2 E 3d. Upon adoption of the rule, the school administration shall be responsible for giving general publicity of it to students and/or parents.

G 3. Rules of Student Conduct

G 3 A. Grounds for Suspension and Expulsion.

G 3 A 1. Grounds for Suspension or Expulsion under IC 20-8.1-5.1-8

G 3 A 2. Jurisdiction. IC 20-8.1-5.1-8 G 3 A 3. The following specific acts set forth below are examples of student misconduct and/or substantial disobedience. These acts are prohibited and offenders may be subject to suspension and/or expulsion for such misconduct or substantial disobedience:

G 3 A 3a. Using violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or other comparable conduct constituting an interference with school purposes, or urging other students to engage in such conduct. The following enumeration is illustrative of the type of conduct prohibited by this subdivision:

G 3 A 3a 1. Occupying any school building, school grounds, or part thereof with intent to deprive others of its use.

G 3 A 3a 2. Blocking the entrance or exits of any school building or corridor or room therein with intent to deprive others of lawful access to or from, or use of the building, corridor, or room.

G 3 A 3a 3. Setting, or attempting to set fire to, any school building or property.

G 3 A 3a 4. Prevention of or attempting to prevent by physical act the convening or continued functioning of any school or educational function, or of any lawful meeting or assembly on school property.

G 3 A 3a 5. Continuously and intentionally making noise or acting in any manner so as to interfere seriously with the ability of any teacher or any of the other school personnel to conduct the educational function under his supervision.

This subdivision shall not, however, be construed to make any particular student conduct a ground for expulsion where such conduct is constitutionally protected as an exercise of free speech or assembly or other right under the Constitution of Indiana or the United States.

G 3 A 3b. Trespassing, vandalizing school property, causing or attempting to cause substantial damage to school property, stealing or attempting to steal school property of substantial value, or repeatedly damaging or stealing school property of small value.

G 3 A 3c. Intentionally causing or attempting to cause substantial damage to valuable private property, stealing or attempting to steal valuable private property, or repeatedly damaging or stealing private property.

G 3 A 3d. Intentionally causing or attempting to cause physical injury or intentionally behaving in such a way as could reasonably cause physical injury to any person. It is the Board's position that students must learn to deal with conflict in a mature manner. This includes learning alternative responses to physical confrontation.

G 3 A 3d 1. Self-defense or reasonable action undertaken on the reasonable belief that it was necessary to protect some other person does not, therefore, constitute a violation of this provision.

G 3 A 3d 2. For the purpose of this policy and code, "reasonable action" shall mean the course of action which:

G 3 A 3d 2a. Utilizes physical force only when non-physical alternatives (e.g. retreat, or notification of supervisory personnel) are not available.

G 3 A 3d 2b. Does not constitute the initiation of a physical confrontation.

G 3 A 3d 2c. Does not utilize excessive force.

G 3 A 3d 3. For the purpose of this policy and code, "reasonable belief" shall be:

G 3 A 3d 3a. Belief that no non-physical alternatives were available;

G 3 A 3d 3b. In response to unanticipated use of physical force.

G 3 A 3e. Threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value from the student.

G 3 A 3f. Knowingly possessing, handling, or transmitting a knife or any other object that can reasonably be considered a weapon. A student who must use a knife as part of an organized activity held by an organization that has been approved by the principal of the school is exempt from application of this subsection so long as the knife is used as a part of or in accordance with the approved organized activity.

G 3 A 3g. Knowingly possessing, using, transmitting, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind. Use of a drug authorized by a medical prescription from a physician is not a violation of this subdivision.

G 3 A 3h. Engaging in the unlawful selling of a controlled substance or engaging in a criminal law violation that constitutes a danger to other students or constitutes an interference with school purposes or an educational function.

G 3 A 3i. Failing in a substantial number of instances to comply with directions of teachers or other school personnel during any period of time when the student is properly under their supervision, where the failure constitutes an interference with school purposes or an educational function.

G 3 A 3j. Engaging in any activity forbidden by the laws of Indiana that constitutes an interference with school purposes or an educational function.

G 3 A 3k. Violating or repeatedly violating any rules that are reasonably necessary in carrying out school purposes or an educational function.

G 3 A 3l. Knowingly possessing or using on school grounds during school hours an electronic paging device or a handheld portable telephone in a situation not related to a school purpose or an educational function.

G 3 A 3m. Engaging in conduct or in speech that threatens, intimidates or coerces a teacher, administrator, supervisory employee, or adult volunteer who is in the performance of his or her duties.

G 3 A 3n. Engaging in speech or conduct, including clothing, jewelry, or hair style, which is profane, indecent, lewd, or offensive to school purposes.

G 3 A 3o. Engaging in sexual misconduct in any form whether by word or action, inclusive of sexual harassment.

G 3 A 3p. Wearing any type of apparel or grooming style that interferes with the educational process, creates an actual or potential health or safety hazard, or causes, or threatens to cause damage to school property.

G 3 A 4. Additional Grounds. IC 20-8.1-5.1-9

G 3 A 5. Legal Residence. IC 20-8.1-5.1-11 G 3 A 6. Firearms and Deadly weapons.

G 3 A 6a. Expulsion for firearms. Under IC 20-8.1-5.1-10 (c), a student who is:

G 3 A 6b. Modification by the superintendent. Under IC 20-8.1-5.1-10 (d): G 3 A 6c. Expulsion for deadly weapon. Under IC 20-8.1-5.1-10 (e), a student who is: G 3 A 6d. Notification of Prosecutor. IC 20-8.1-5.1-10 (f) G 3 A 6e. Students with disabilities. IC 20-8.1-5.1-10 (g)

G 3 B. Procedures for Suspension.

G 3 B 1. Authority of the principal. IC 20-8.1-5.1-12

G 3 B 2. Parent Conferencing.
The principal shall make a reasonable effort to hold a conference with the parent before or at the time the student returns to school. Failure of the parent to participate in a conference with the principal does not justify extending the period of suspension.

G 3 C. Procedures for Student Expulsion.

G 3 C 1. Extension of suspension pending expulsion meeting. Under IC 20-8.1-5.1-16:

This section places the burden on the expulsion examiner to clearly enumerate the reasons for keeping a student on suspension during the expulsion process. It is the intent of the School Board that this section be adhered to; that in order to continue a suspension there must be clear indications that "interference" or "injury" would take place. If the expulsion examiner determines that continued suspension is required, written notice containing the specific reasons shall be included in the notice required under IC 20-8.1-5.1-13.

G 3 C 2. Conduct of the Expulsion Meeting. IC 20-8.1-5.1-13

G 3 C 3. Right to Appeal Decision to the board. IC 20-8.1-5.1-13 G 3 C 4. Forfeiture of Right to Expulsion Meeting. IC 20-8.1-5.1-13 G 3 C 5. Board Refusal to hear appeals. IC 20-8.1-5.1-13 G 3 C 6. Judicial Review of Expulsion Process. IC 20-8.1-5.1-15 G 3 C 7. Expulsion continued during judicial review. IC 20-8.1-5.1-15.5 G 3 C 8. Length of the expulsion. IC 20-8.1-5.1-14 G 3 C 9. Expulsion review prior to next semester. IC 20-8.1-5.1-14 G 3 C 10. Alternative school following expulsion

G 3 C 10a. Authority to require. IC 20-8.1-5.1-17

G 3 C 10b. Board Policy
Where the principal or other appropriate authorities of the school corporation require a student to attend an alternative school or an alternative educational program following expulsion, under the authority in subsection (a) above, the board shall be notified of such requirement in a timely manner. Such notice shall:

G 3 C 10b 1. state the reasons why attendance in the regular educational program is not in the best interests of the student, or of the school corporation; and

G 3 C 10b 2. the length of time it is estimated the student must remain in the alternative setting before returning to the regular educational program.

G 3 D. Parental participation in student conduct actions

G 3 D 1. Authority to require parental participation. IC 20-8.1-5.1-19

G 3 D 2. Board Policy on Parental Participation
When in the judgment of a school administrator who has the responsibility for student discipline or who has the duty of conducting an expulsion meeting, it is necessary for the parents to attend a conference or hearing, the following rules, per the authority granted in IC 20-8.1-5.1-19 above, shall apply:

G 3 D 2a. The administrator shall notify the parents by certified or registered mail or personal service that they are directed to attend a school conference or hearing.

G 3 D 2b. The parent shall be given at least twenty-four hours notice prior to such conference or hearing unless an emergency situation necessitates less than such notice.

G 3 D 2c. The student who is the subject of the conference will also be given written notice of such conference or hearing and the direction of parental attendance.

G 3 D 2d. The foregoing rules will not be construed to interfere with the powers of the superintendent or designee conducting a expulsion meeting under IC 20-8.1-5.1-13 to compel attendance through the use of subpoena powers.

G 3 D 2e. Non-compliance of the responsible person(s) with the provisions of this policy shall be considered educational neglect and the child shall be considered a "child in need of services" in accordance with IC 31-6-4-3(a)(7), and the matter shall be referred to the Child Protective Services Division of Public Welfare. Such complaint process will be terminated in the event that the parents are willing to subsequently attend a re-scheduled hearing unless the conference or hearing has been required to be held. The foregoing provisions shall not apply to expulsion meetings where non-attendance will constitute waiver.

G 3 D 2f. In the event that a parent fails or refuses to attend a conference or hearing, notice will also be given to the Superintendent or designee.

G 3 D 2g. In those instances where it appears the custodial parents of a student are not fulfilling their legal obligation with regard to their children's school attendance, referral to the county prosecuting attorney for investigation of possible criminal charges against said parents may be made.

G 3 D 3. Waiver of rights by student or parent. IC 20-81.-5.1-21

G 4. Definitions.

G 4 A. Good Standing.
A student in good standing has full rights with respect to participation in activities of the school, both academic and extra-curricular, subject to any restrictions which apply to all students. A student is not in good standing during the period of time they under suspension or expulsion, regardless of whether they may be allowed to attend school. A student not in good standing may not participate in any school activity, inclusive of but not limited to contests, practices, ceremonies, dances, or trips, whether academic, co-curricular or extra-curricular, except as agreed to as part of an alternative educational program.

G 4 B. Principal. IC 20-8.1-5.1-1.

G 4 C. Superintendent. IC 20-8.1-5.1-2.

G 4 D. Member of the Administrative Staff. IC 20-8.1-1-6.

G 4 E. School Purposes. IC 20-8.1-1-8.

G 4 F. Educational Function. IC 20-8.1-1-9.

G 4 G. Expulsion defined in IC 20-8.1-1-10

G 4 H. Suspension defined in IC 20-8.1-1-11

G 4 I. Interference with School Purposes or an Educational Function. IC 20-8.1-1-13.

G 4 J. School Property. IC 20-8.1-1-18.

G 4 K. Detention. The requirement that a student remain in school after the end of the regular school day, attend school on a day when regular classes are not in session, or arrive at school prior to the beginning of the regular school day, as a result of a minor violation of school rules or regulations.

G 4 L. Firearm. IC 35-47-1-5.

G 4 M. Deadly Weapons. IC 35-41-1-8.

G 10. Corporal Punishment (modified 9/21/95)
The Board of School Trustees authorizes the use of corporal punishment, subject to such provisions as may be established by the superintendent.

Corporal punishment should be used only when other methods of seeking a child's cooperation have been exhausted.

The teacher is interested in the guidance and improvement of the pupil. If corporal punishment seems necessary, it must be reasonable. In severity it should fit the child, not the offense. It must be administered by a school administrator, or by the teacher in the presence of an administrator, or as a last resort in the presence of another teacher, but never in the presence of other children.


 

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Minor editorial changes were made to Board Policy in adapting it for presentation on the Web. These should not interfere with the accuracy of this presentation, but it should be understood that the text document is still the official source for Board Policy.