Classroom Management, Corrective Actions and/or Intervention

Transcription

1 Classroom Management, Corrective Actions and/or Intervention Preamble The Bellevue School District is committed to ensuring a safe and productive learning environment in which all students are provided every opportunity to learn. In order to ensure that each student has equitable access to educational services and that student behavior does not result in a loss in educational services, the District is committed to reducing out-of-school suspensions and providing access to educational services during out-of-school suspensions. The District is also committed to reducing the disproportional impact of out-of-school suspensions on any identifiable group of students including those with disabilities. The District will achieve its commitments by the application of positive behavior supports and principles, while recognizing that there will be times when the application of corrective action is necessary. When applying corrective action and/or intervention, principals use sound professional judgment to determine appropriate corrective action and/or intervention that is consistent with the District mission and goals, in the best interest of students and anchored in sound theory and practice. Principals will ensure that corrective action and/or intervention is consistent, fair and balanced; culturally competent and racially relevant; progressive in nature; and considers the developmental level of the student and whether the behavior is related to a disability. The application of corrective action and/or intervention is at the discretion of principals and because the context of every situation where disciplinary action is appropriate differs, Exhibit A (Secondary School Discipline Matrix) and Exhibit B (Elementary School Discipline Matrix) provide guidelines. Misconduct The following are prohibited on school premises, at school-sponsored events or activities, on school buses or vehicles provided by the District, or if conducted in a manner having a real and substantial relationship to the operation of school or educational programs, and shall be cause for discipline and/or intervention. Discipline/intervention for misconduct cannot be cause for shortterm suspension. Exhibit A (Secondary School Discipline Matrix) and Exhibit B (Elementary School Discipline Matrix) are guidelines for sanctions and are strongly recommended to ensure consistency and continuity across the District for similar offenses. Discipline should be progressive, in terms of both the level of discipline as well as the number of days. In addition, when considering disciplinary consequences administrators should take into account the developmental level of the student. If extenuating circumstances warrant it, a lesser or greater disciplinary consequence may be used if appropriate. When considering extenuating circumstances for a consequence greater then recommended, administrators will discuss the details with the Supervisor of Pupil Management or their Executive Director of Schools prior to issuing such discipline. A. Cheating including copying the work of other persons, or turning in another person s papers, projects, computer programs, etc., as your own or having someone else write your paper, program, or project, including asking friends, paying someone, using a paper writing service, or other methods as determined by the teacher or administrator etc. Cheating also includes the aiding and abetting of cheating by others including but not limited to, stealing or providing questions and/or answers to one or more persons prior to any type of assessment (meaning any work that is used to determine a student s grade or progress). Page 1 of 14

2 B. Computer Misuse meaning any use of Bellevue School District computers or network for non-academic use. C. Dangerous Activities meaning any intentional or unintentional act that could potentially harm oneself or others (horseplay, throwing objects that could cause harm, climbing a roof, driving at excessive speed through a school parking lot, etc.). D. Disruptive Conduct meaning substantially interfering with teaching, learning, and/or school operations. E. Failure to Attend any required activity or disciplinary consequence assigned by a teacher, counselor, administrator, or designee. F. Failure to Comply in a passive manner with the instructions of teachers and other school staff. This includes breaking a specific, published school or district rule. G. False Reporting meaning knowingly and maliciously falsely reporting or falsely corroborating misbehavior of others that did not occur, including spreading a false rumor maliciously at school, or school grounds, on school-provided transportation, or at a school-sponsored function, that resulted in a disciplinary and/or legal action for the student(s) who was falsely accused. H. Fighting which means engaging in or provoking mutual contact involving anger or hostility that does not result in physical harm or injury to one or more people. I. The Forging of any non-district or District Personnel Signature (including electronic) or Making of any False Entry or the Alteration of any Document used or intended to be used in connection with the operation of the school. J. Gambling such as playing cards, dice, or games of chance for money or other things of value. K. Harassment, Intimidation and/or Bullying of others that is not persistent, severe, and/or pervasive. L. Leaving Campus during regular school hours without written or verbal permission from a parent or school official. M. Lewd/Obscene Behavior including inappropriate sexual expressions or behavior. N. Look-Alike Weapons including possessing a toy gun or other toy weapon whether or not appearing to be a real gun or weapon, or any item that can reasonably be considered a firearm, air soft gun, compress air gun, or dangerous weapon that is not used in the commission of an exceptional misconduct act. O. Lying means knowingly not telling the truth to a staff member or volunteer in response to a question related to the safety of the school or the investigation of a disciplinary matter. P. Misuse of School Property including writing on desks, walls, etc. or using school property in a way that it was not intended and has or can do damage to the property. Q. Out-of-School Boundary meaning places that are off limits during the day that is defined by the school such as parking lots, sidewalks around school, parks and open fields etc. R. Plagiarism including using another writer s words or ideas without proper citation, or merely rearranging or changing a few of the author s words and presenting the result as your own work, or not using quotation marks when citing a source. S. Physical Aggression such as hitting, kicking spitting or the throwing of objects that do not seriously injure another person or rise to the level of assault. T. Possession, Handling, or Transmission of a Small Folding Knife a small folding knife is defined as a blade length of 2-1/2 inches or less with a blade width of ½-inch or less. Page 2 of 14

3 U. Profanity/Obscenity including using vulgar or abusive language and/or cursing or swearing. V. School Dress that possesses a health or safety hazard or may disrupt, interfere with, disturb, or detract from the school environment or activity and/or educational objectives, including but not limited to apparel or items depicting lewd, sexual, drug, tobacco, marijuana (cannabis) or alcohol-related messages. W. Theft meaning stealing district or personal property X. Threat to Cause Bodily Harm that is communicated by any means. Y. Trespass/Unauthorized Entry onto another school other than student s own school during the school day without administrative permission or the wrongful or unauthorized entry onto district property or facility. Z. Use of Personal Telecommunication Devices including, but not limited to, pagers, beepers and cellular phones in a manner that poses a threat to academic integrity, disrupts the learning environment or violates the privacy rights of others. Students shall not send, share, view or possess pictures, text messages; s or other material of a sexually explicit nature or that contributes to harassment, intimidation and/or bullying in electronic or any other form on a cell phone or other electronic device. AA. Vandalizing and/or Damaging any School or Personal Property, including writing, painting, drawing, or otherwise marking graffiti on any school or personal property resulting in less than $50 of damage. BB. Visible Use or Possession of any Tobacco Product or Tobacco Paraphernalia (including, but not limited to, lighters or rolling papers) on or in the immediate vicinity of school property is prohibited. School property includes all buildings, grounds and vehicles owned and used by the District. E-cigarettes are dealt with below in II BB Drug and Alcohol Conduct. CC. Wearing, Carrying, Possessing and/or Displaying Gang Related Apparel, Grooming, or Exhibiting or Implying Behavior or Gesture with Symbolize Gang Membership or Affiliation by written communication, marks, drawing, painting, design, emblem, etc. upon any school or personal property or one s persons or causing and/or participating in activities which intimidate or affect the attendance of another student or staff member Exceptional Misconduct The types of misconduct that constitute exceptional misconduct are listed in Procedure P (Exceptional Misconduct). The types of misconduct that constitute exceptional misconduct were identified by consulting with a representative ad hoc committee. Alcohol, Drugs, and Other Mood Altering Substances: A. Definitions: 1. Drug means any controlled substance, as defined by the Uniform Controlled Substances Act (RCW 69.50), any drug that requires a prescription (so-called legend drugs ), and any look alike drug or substance believed to be or represented as being a drug or controlled substance; and any food item with illegal drugs and/or alcohol contained within. 2. Alcohol includes any beverage, mixture, or preparation containing alcohol. 3. Intoxicant means any other chemical substance (including industrial chemicals and over-the-counter medications) when used contrary to directions or warnings to affect the user's perception, behavior, or mood, excluding tobacco and caffeine; and Page 3 of 14

4 4. Drug paraphernalia means all equipment, products, materials of any kind which are used, intended for use, or designated for use in introducing into the human body a drug, alcohol, or intoxicant. B. Discipline While considering corrective action and/or intervention for a drug/alcohol offense, administrators will contact the Supervisor of Pupil Management or an Executive Director of Schools before imposing corrective action and/or intervention. A. Paraphernalia without Possession and Possession (first offense): 1. Notify parent/guardian 2. Require scheduling of a drug and/or alcohol assessment with drug and alcohol counselor within three school days and follow through with assessment and recommendations 3. Require signing of Authorization for Release of Records form by relevant parties to confirm whether follow through with assessment and recommendations occurred 4. Failure to follow through with scheduled assessment and/or recommendations will result in an In-house suspension and/or learning center for up to three school days, with emphasis on identifying and addressing primary issues (outcome for Use, first offense) 5. Notify law enforcement 6. Consider safety/behavior plan that includes accessing of applicable support services B. Use (first offense): 1. Notify parent/guardian 2. Emergency expulsion for a minimum of one day provided there is a safety issue to oneself or others and/or incident causes substantial disruption to the school environment Consider In-house suspension and/or learning center for up to three school days, as applicable, with emphasis on identifying and addressing primary issues 3. Require scheduling of drug and/or alcohol assessment with a drug and alcohol counselor within three school days and follow through with assessment and recommendations 4. Require signing of Authorization for Release of Records form by relevant parties to confirm whether follow through with assessment and recommendations occurred 5. Failure to follow through with scheduled assessment and/or assessment recommendations results in one or more of the corrective actions and/or interventions for second offense. 6. Notify law enforcement 7. Consider safety/behavior plan, to include accessing of applicable support services C. Intent to Distribute or Distribution (first offense): 1. Notify parent/guardian 2. Emergency expulsion for a minimum of one day provided there is a safety issue to oneself or others and/or causes substantial disruption to the school environment 3. Require scheduling of a drug and/or alcohol assessment with a drug and alcohol counselor within three school days and follow through with appointment and recommendations 4. Require signing of Authorization for Release of Records form by relevant parties to confirm whether follow through with assessment and recommendations occurred 5. Long-term suspension requiring consultation with Supervisor of Pupil Management or an Executive Director of Schools 6. Notify law enforcement 7. Require safety/behavior plan, to include accessing of applicable support services Page 4 of 14

5 Any second or greater offense for drug and/or alcohol throughout a student s grade 6-12 enrollment in a District school, would take into consideration the original offense. While considering corrective action and/or intervention for a second or greater drug/alcohol offense, administrators will contact the Supervisor of Pupil Management or an Executive Director of Schools. The following list is a menu of possible corrective actions and/or interventions to be taken. The corrective action and/or intervention taken will depend on the circumstances and the number of previous alcohol, drug or other mood altering substances offenses a student has on their discipline record. Multiple actions may be taken for any one offense. Parent/guardian conference Required drug/alcohol assessment and follow-through with the recommendations Secure consent of applicable parties on Authorization for Release of Records form Development and implementation of a safety and/or behavior plan Modification and implementation of a safety and/or behavior plan Implementation of one or more restorative practices Referral to Guidance Team Referral to Multi-disciplinary Team Require psychological evaluation Law enforcement as appropriate CPS notification as appropriate In-school suspension and/or Learning Center Emergency Expulsion Long-term suspension Expulsion District Determination of Placement In-School Suspension Guidelines for the in-school suspension program and/or learning center are as follows: A. A student who is afforded the opportunity to be assigned to the in-school suspension program and/or learning center as an option to suspension will agree to the conditions specified by the school principal B. The in-school suspension program and/or learning center is designed to encourage learning and to identify and address primary issues. Students will be expected to work on their classroom assignments at all times and engage in self-reflection. C. Any act of inappropriate conduct may result in denial of this alternative to other corrective actions and/or interventions. D. A student will remain isolated from other students throughout the school day and will be denied the opportunity of participating in any school activities while in the in-school suspension program and/or learning center. E. An assignment to the in-school suspension program and/or learning center will not exceed three days without consultant and approval of the Supervisor of Pupil Management and/or Executive Director of Schools. F. The student will develop a behavior agreement while in the in-school suspension program and/or learning center, as warranted. The student, his/her parent or guardian and a staff Page 5 of 14

6 member will review and initial the behavior agreement, which outlines the expected future behavior of the student. G. After a student is placed back into the regular classroom(s), the principal or assistant principal will monitor the student's progress on a regular basis. The student will be encouraged to maintain a relationship with the school counselor as a means of dealing with any problems that arise. H. The building principal will develop specific rules and building procedures. Long-Term Suspension or Expulsion Any corrective action involving a suspension or expulsion from school for more than ten days must have an end date of not more than the length of an academic term, which for purposes of Board Policy 3421 and District Procedure 3241P shall be one-hundred and eighty (180) school days. No single long-term suspension will be imposed that will cause the student to lose academic grades or credit in excess of one semester during the same school year. Educational services will be provided with in five days of the implementation of a Long-Term Suspension or Expulsion. Long-term suspension or expulsion may not be used as a form of discretionary discipline. "Discretionary discipline" means a disciplinary action taken by a district for student behavior that violates the rules of student conduct, except for action taken in response to: a violation of the prohibition against firearms on school premises, transportation, or facilities; certain violent offenses, sex offenses, offenses related to liquor, controlled substances, and toxic inhalants, malicious mischief and certain crimes related to firearms, assault, kidnapping, harassment, and arson; two or more violations within a three-year period of RCW 9A , RCW , RCW 28A , RCW 28A , or RCW 28A which includes but not limited to: criminal gang intimidation or other gang activity on school grounds, possessing dangerous weapons on school facilities, willfully disobeying school administrators or refusing to leave public property, or defacing or injuring school property; or behavior that adversely impacts the health or safety of other students or educational staff. In the event a hearing is requested, the superintendent or designee will appoint the hearing officer, who may be any certificated staff member who is not involved in the incident giving rise to the hearing or be contracted from outside the District. A. Procedures to be followed by the building or district authority in preparing for a requested hearing: 1. Immediately notify the district s Hearing Officer of the request for an appeal. 2. Assemble any written documentation or other evidence to be used at the hearing regarding the specific charges and schedule any witnesses for the school to be present at the time of the hearing. Be prepared to present evidence of the charge(s) during the hearing itself, the Hearing Officer must render his/her decision based on only the Page 6 of 14

7 evidence which is presented at the hearing. Provide a copy of the Notice of Disciplinary Action to the Hearing Officer prior to the hearing. If the student s school records are to be submitted at the hearing, the student and the parent(s) must be provided the opportunity to inspect the records prior to the hearing. 3. Upon request, both parties must provide the other party with copies of all written and physical evidence to be submitted at the hearing. B. Procedures to be followed by the District s Hearing Officer: 1. Notify the school, student and parent regarding the hearing date, time, location, and hearing process/structure, which will occur within three business days after the day upon which the request for the hearing was received. 2. Obtain two recording devices with sufficient capacity for at least three hours of testimony. C. Procedures to be followed at the school hearing: 1. The following participants should normally be seated in the hearing room: Hearing Officer School representative(s) presenting the charges Supervisor of Pupil Management Student Parent(s)/Guardian(s) Student s counsel, if any School-district s counsel, if any Note: The school-district counsel, if present, is present to assist the school representative, not the hearing officer. 2. In a hearing, witnesses are permitted in the hearing room only while testifying; no others except those participants listed in C.1, above, are permitted to remain present. The student may be excused from the hearing, with the consent of the parent(s), during those portions, which deal with the student's psychological or other especially sensitive problems. 3. Agenda for the hearing: a. An initial statement by the Hearing Officer should introduce the participants in the hearing and describe the procedures to be followed. b. School representative presents the charges, submits any written evidence of the charges and calls witnesses to testify which may include his or her own testimony. Witnesses called by either side may be questioned by the other party and by the Hearing Officer. c. The student, his or her counsel, and/or parents/guardians shall be provided an opportunity to make any response appropriate and relevant to the charge(s) and proposed discipline including the provision of written or other physical evidence and/or witnesses. d. The Hearing Officer will make closing remarks, which will include a timeline for findings and further appeals. D. Procedures to be followed after the hearing: 1. The Hearing Officer shall maintain the recording of the hearing. It need not be transcribed. Recordings are to be maintained until the time for all possible appeals has elapsed. 2. The Hearing Officer must submit his/her findings in writing within three school days of the hearing with copies sent by certified mail to the student and his/her Page 7 of 14

8 parent(s)/guardian(s) and to the school representative recommending the suspension/expulsion. This letter should include the following elements: a. Statement of the charge(s). b. Findings of fact and the conclusions of the Hearing Officer with respect to the charges. c. Decision of the Hearing Officer with respect to the recommended suspension/expulsion. The Hearing Officer may uphold, reject or modify the recommended action. d. Notification of the right to appeal the Hearing Officer's decision to the Disciplinary Appeal Council and explanation of procedures to follow to submit such appeal, including the time limits. The written request for appeal should be addressed to the Executive Director in charge of discipline in the Bellevue School District or his/her designee. Contact information for the Executive Director in charge of discipline or his/her designee may be obtained from the School Administrator and/or by contacting the Bellevue School District s Human Resources Department located at the District office. E. In the event that a student or the student's parent/guardian requests a hearing pursuant to WAC , the Disciplinary Appeal Council (DAC) procedures to be followed at hearing: 1. The DAC shall schedule and hold an informal conference within ten school business days after the date of receipt of such appeal notice to meet with the parties and to decide upon the most appropriate means of proceeding with the appeal as provided for in that WAC. At the time, the student or the student s parent/guardian or legal counsel shall be given the right to be heard and shall be granted the opportunity to present witnesses and testimony as the Council deems reasonable. The Council shall agree to one of the following procedures prior to adjournment or recess: a. Study the hearing record or other material submitted and render its decision within ten school business days after the date of the informal conference or schedule and hold a meeting to hear further arguments based on the record before the Council and render its decision within fifteen school business days after the date of the informal conference or schedule and hold a meeting within ten school business days after the date of the informal conference for the purpose of hearing the case de novo. b. In the event the DAC elects to hear the appeal de novo (from the beginning/anew), the following rights and/or procedures shall govern the proceedings: i. The student and the parent/guardian shall have the right to inspect in advance of the hearing any documentary and other physical evidence which the District intends to introduce at the hearing and question and confront witnesses unless the District witness does not appear and the nonappearance of the witness is excused by the person hearing the case based upon evidence of good reason for doing so submitted by the District. ii. The student and the parent/guardian shall have the right to inspect in advance of the hearing any documentary and other physical evidence which the District intends to introduce at the hearing and question and confront witnesses unless the District witness does not appear and the nonappearance of the witness is excused by the person hearing the case based upon evidence of good reason for doing so submitted by the District. Page 8 of 14

9 iii. The evidence submitted by the District must at minimum establish either that the District made reasonable effort to produce the witness and is unable to do so or that it is not advisable for the student to appear due to an expectation and fear on the part of the responsible District officials or the student of retaliation against the student if he/she appears as a witness. iv. The student shall have the right to present his/her explanation of the alleged misconduct. v. The student shall have the right to make such relevant showings by the way of witness and the introduction of documentary or other physical evidence, as he/she desires. vi. The designee of the District assigned to present the District s case shall have the right to inspect in advance of the hearing any documentary and other physical evidence that the student and his/her parent/guardian intend to introduce at the hearing. vii. Either a tape recording or a verbatim recording of this hearing shall be made. 2. The agenda for the appeal process may vary depending on the procedure selected under WAC If the Council selected the de novo (from the beginning/anew) hearing, the same procedure as outlined in C.3 above, will be used. a. Not less than a quorum (more than fifty percent) of the Council shall hear all the evidence, and a majority of the quorum at the hearing must make any decision to affirm, modify, or reverse the imposition of any disciplinary action. b. The following participants should normally be seated in the hearing room: Disciplinary Appeal Council members School representative(s) presenting the charges Student Student s Parent(s)/Guardian(s) Student s counsel, if any School-district s counsel, if any c. In a hearing, witnesses are permitted in the hearing room only while testifying; no others except those participants listed above, are permitted to remain present. The student may be excused from the hearing, with the consent of the parent(s)/guardian(s), during those portions, which deal with the student's psychological or other especially sensitive problems. 3. The Chair of the Council shall preside at the appeal, and in connection therewith shall: a. Make rulings as to the admissibility of evidence, or what is allowed to be considered. b. Make other appropriate rulings on procedure. F. Procedures to be followed after the DAC hearing: 1. The District, if applicable, of the appeal shall maintain the recording, until any appeal timeline has expired. 2. The DAC members who heard all the evidence shall render a final decision by majority vote pursuant to WAC The Council will deliberate in executive session and may render an oral decision at the same time as the hearing, but Page 9 of 14

10 in any case will notify the appealing party of its decision in writing. The following elements should be included in the certified letter: a. Statement of charge(s). b. Findings of fact and the conclusions of the Council with respect to the charge(s). c. Decision of the Council with respect to the suspension or expulsion. G. An appeal of the DAC is to Superior Court. Emergency Expulsion Expulsions must end or be converted to another form of corrective action within ten school days from the date of the emergency removal from school. Notice and due process rights must be provided when an emergency expulsion is converted to another form of corrective action. In the event a hearing is requested, the superintendent or designee will appoint the hearing officer, who may be any certificated staff member who is not involved in the incident giving rise to the hearing or be contracted from outside the District. A. Procedures to be followed by the building or district authority in preparing for a requested hearing: 1. Immediately notify the district s Hearing Officer of the request for an appeal. 2. Assemble any written documentation or other evidence to be used at the hearing regarding the specific charges and schedule any witnesses for the school to be present at the time of the hearing. Be prepared to present evidence of the charge(s) during the hearing itself; the Hearing Officer must render his/her decision based on only the evidence which is presented at the hearing. Provide a copy of the Notice of Disciplinary Action to the Hearing Officer prior to the hearing. If the student s school records are to be submitted at the hearing, the student and the parent(s) must be provided the opportunity to inspect the records prior to the hearing. 3. Upon request, both parties must provide the other party with copies of all written and physical evidence to be submitted at the hearing. B. Procedures to be followed by the district s Hearing Officer: 1. If a request for a hearing is received within the ten school business days, the District will immediately schedule a hearing to commence as soon as reasonably possible and in no case later than the third school business day after the receipt of a request for a hearing. The district s Hearing Officer will notify the school, student and parent by or phone regarding the hearing date, time, and location. 2. Obtain two recording devices with sufficient capacity for at least three hours of testimony. C. Procedures to be followed at the school hearing: 1. The following participants should normally be seated in the hearing room: Hearing Officer School representative(s) presenting the charges Student Parent(s)/Guardian(s) Student's counsel, if any School-district s counsel, if any Note: The school-district counsel, if present, is present to assist the school representative, not the hearing officer. 2. In a hearing, witnesses are permitted in the hearing room only while testifying; no others except those participants listed in C.1, above, are permitted to remain present. Page 10 of 14

11 The student may be excused from the hearing, with the consent of the parent(s), during those portions, which deal with the student's psychological or other especially sensitive problems. 3. Agenda for the hearing: a. An initial statement by the hearing officer should introduce the participants in the hearing, and describe the procedures to be followed. b. School representative presents the charges, submits any written evidence of the charges and calls witnesses to testify which may include his or her own testimony. Witnesses called by either side may be questioned by the other party and by the hearing officer. c. The student, his or her counsel, and/or parents/guardians shall be provided an opportunity to make any response appropriate and relevant to the charge(s) and proposed discipline including the provision of written or other physical evidence and/or witnesses. d. The hearing officer will make closing remarks which will include a timeline for findings and further appeals. D. Procedures to be followed after the hearing: 1. The Hearing Officer shall maintain the recording of the hearing. It need not be transcribed. Recordings are to be maintained until the time for all possible appeals has elapsed. 2. The Hearing Officer must submit his/her findings in writing within one school business day of the hearing with copies sent by certified mail to the student and his/her parent(s)/guardian(s) and to the school representative recommending the emergency expulsion. This letter should include the following elements: a. Statement of the charge(s). b. Findings of fact and the conclusions of the Hearing Officer with respect to the charges. c. Decision of the Hearing Officer with respect to the recommended emergency expulsion. The Hearing Officer may uphold, reject or modify the recommended action. d. Notification of the right to appeal the Hearing Officer's decision to the Disciplinary Appeal Council and explanation of procedures to follow to submit such appeal, including the time limits. The written request for appeal should be addressed to the Executive Director in charge of discipline in the Bellevue School District or his/her designee. E. Procedure to be followed at the Disciplinary Appeal Council hearing: 1. In the event that a student or the student's parent/guardian requests a hearing pursuant to WAC , the Disciplinary Appeal Council shall schedule and hold an informal conference within ten school business days after the date of receipt of such appeal notice to meet with the parties and to decide upon the most appropriate means of proceeding with the appeal as provided for in that WAC. At that time, the student or the student s parent/guardian or legal counsel shall be given the right to be heard and shall be granted the opportunity to present witnesses and testimony as the Board or Council deems reasonable. The Board or the Council shall agree to one of the following procedures prior to adjournment or recess. a. Study the hearing record or other material submitted and render its decision within ten school business days after the date of the informal conference or schedule and hold a meeting to hear further arguments based on the record before the Board or Council and render its decision within fifteen school Page 11 of 14

12 business days after the date of the informal conference or schedule and hold a meeting within ten school business days after the date of the informal conference for the purpose of hearing the case de novo. i. In the event the School Board of Directors or the School District Disciplinary Appeal Council elects to hear the appeal de novo, the following rights and/or procedures shall govern the proceedings: (1) The student and the parent(s)/guardian(s) shall have the right to inspect in advance of the hearing any documentary and other physical evidence which the District intends to introduce at the hearing and question and confront witnesses unless the District witness does not appear and the nonappearance of the witness is excused by the person hearing the case based upon evidence of good reason for doing so submitted by the District. (2) The evidence submitted by the District must at minimum establish either that the District made reasonable effort to produce the witness and is unable to do so or that it is not advisable for the student to appear due to an expectation and fear on the part of the responsible District officials or the student of retaliation against the student if he/she appears as a witness. (3) The student shall have the right to present his/her explanation of the alleged misconduct. (4) The student shall have the right to make such relevant showings by the way of witness and the introduction of documentary or other physical evidence, as he/she desires. (5) The designee of the District assigned to present the District s case shall have the right to inspect in advance of the hearing any documentary and other physical evidence that the student and his/her parent(s)/guardian(s) intend to introduce at the hearing. (6) Either a tape recording or a verbatim recording of this hearing shall be made. 2. The agenda for the appeal process may vary depending on the procedure selected under WAC If the Council selected the de novo hearing, the same procedure as outlined in C.1 above will be used. a. Not less than a quorum of the Council shall hear all the evidence, and a majority of the quorum at the hearing must make any decision to affirm, modify, or reverse the imposition of any disciplinary action. b. The following participants should normally be seated in the hearing room: i. Disciplinary Appeal Council members ii. School representative(s) presenting the charges iii. Student iv. Student s Parent(s)/Guardian(s) v. Student s counsel, if any vi. School-district s counsel, if any c. In a hearing, witnesses are permitted in the hearing room only while testifying; no others except those participants listed above are permitted to remain present. The student may be excused from the hearing, with the consent of the parent(s)/guardian(s), during those portions, which deal with the student's psychological or other especially sensitive problems. Page 12 of 14

13 3. The Chair of the Council shall preside at the appeal, and in connection therewith shall: a. Make rulings as to the admissibility of evidence. b. Make other appropriate rulings on procedure. F. Procedures to be followed after the Disciplinary Appeal Council hearing: 1. The District, if applicable, of the appeal shall maintain the recording, until any appeal timeline has expired. 2. The Disciplinary Appeal Council members who heard all the evidence shall render a final decision by majority vote pursuant to WAC The Council will deliberate in executive session and may render an oral decision at the same time as the hearing, but in any case will notify the appealing party of its decision in writing. The following elements should be included in the certified letter: a. Statement of charge(s). b. Findings of fact and the conclusions of the Council with respect to the charge(s). c. Decision of the Council with respect to the suspension or expulsion. G. An appeal of the Disciplinary Appeal Council is to Superior Court. Re-engagement Conferences For students who have been long-term suspended or non-emergency expelled, the District will make efforts to return a student to an educational setting as soon as possible. A meeting will be convened with the student and the student s parents or guardian within 20 days of the start of the student s long-term suspension or expulsion, but no later than five days before the student s return to school, to discuss a plan to reengage the student in a school program. Families will have access to provide meaningful input on the plan and have the opportunity to participate in a culturally sensitive and responsive reengagement plan. The reengagement plan will consider the following: 1. Steps to be taken to consider shortening the length of the suspension or expulsion. 2. Supportive interventions that aid the student s academic success. 3. Aid that will help the student take the necessary steps to remedy the situation that led to the student s suspension or expulsion. 4. The individual circumstances of the incident and the needs of the student. The reengagement plan may include, but not limited to: 1. Drug/Alcohol assessment and follow through with the recommendations 2. Counseling 3. Restorative Practices 4. Academic supports needed while serving the suspension or expulsion 5. Check-ins 6. Support needed for the student in their return to school after serving the suspension or expulsion. The re-engagement meeting will need to include the following people unless after reasonable attempts have been made by the school some of the parties have been unable to attend or have not responded. Page 13 of 14

14 1. Parent/Guardian 2. Student 3. School official (Administrator and/or Counselor) The re-engagement meeting may include the following people: 1. Teachers 2. Central Educational Services staff 3. Outside agencies representatives who are connected with the student. 4. District Administrators. Date: 4.17, 8.17 Page 14 of 14