Student Rights & Responsibilities
CHIMACUM SCHOOL DISTRICT #49
STUDENT RIGHTS and RESPONSIBILITIES
&
Discipline Guide for Exceptional Misconduct
2006-2007
The Student Rights and Responsibilities is found in your student’s planner. There is a section that is to be signed by the parent and returned to the Dean of Students.
Dear Students and Parents,
Our schools must be safe and orderly, a place where each student is free to fully participate in all educational opportunities. Our commitment is to create a humane environment where people can trust and be trusted and by treating each other with dignity and respect is an expectation. These guidelines are aimed at creating a learning environment where everyone can learn successfully and act responsibly.
Chimacum School District’s code of discipline is reasonable, consistent and respectful. Students who do not respond to various corrective actions may be subject to long-term suspension or expulsion. Students who commit “exceptional misconduct” violations are subject to immediate suspension or expulsion.
Most students are very serious about wanting to take full advantage of the time they spend in school. Students who come to learn and participate seldom have problems with school rules.
If students are not present, they simply can’t learn. The rule simply put: Respect others - stay in school. Your success is important to all of us.
Sincerely,
Chimacum School Board, Administration and Staff
INTRODUCTION
This handbook sets forth the written rules and regulations of the Chimacum School District regarding student conduct, corrective action and rights, and it indicates the types of misconduct for which discipline, suspension and expulsion may be imposed. In addition to these rules and regulations, each school in the district may provide additional rules and procedures regarding student conduct and the administering of corrective action at that school.
Every teacher, school administrator, school bus driver and other school employee designated by the school board shall have the authority to impose discipline on any student for misconduct in accordance with the procedures specified in this handbook; to temporarily remove a student from a class, subject, or activity as provided for herein; and to make recommendations to appropriate school authorities for the suspension or expulsion of any student. Except as otherwise provided for, only a building administrator, the superintendent or designee may initiate a suspension or expulsion.
This handbook is promulgated and distributed pursuant to Washington Administrative Code Chapter 392-400-200 that prescribes substantive and procedural due process rights of students. A copy of WAC 392-400-200 may be obtained from the Office of the Superintendent of the District.
This handbook is also in compliance with Public Law 101-226, Drug-Free Schools and Communities Act Amendments. Compliance with standards of conduct is mandatory.
STUDENT RIGHTS - WAC 392-400-215
In addition to other rights established by law, each student served by or in behalf of a common school district shall possess the following substantive rights, and no school district shall limit these rights except for good and sufficient cause:
1. No student shall be unlawfully denied an equal educational opportunity or be unlawfully discriminated against because of national origin, race, religion, economic status, sex, pregnancy, marital status, previous arrest, previous incarceration, or physical, mental or sensory handicap.
2. All students possess the constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have their schools free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising such right.
3. All students possess the constitutional right to be secure in their persons, papers, and effects against unreasonable searches and seizures.
4. All students shall have the right to be free from unlawful interference in their pursuit of an education while in the custody of a common school district.
5. No student shall be deprived of the right to an equal educational opportunity in whole or in part by a school district without due process of law.
The foregoing enumeration of rights shall not be construed to deny or disparage other rights set forth in the constitution and the laws of the state of Washington or the rights retained by the people.
FAMILY PRIVACY ACT
The Family Education Rights and Privacy Act of 1974 requires school districts to notify parents that schools maintain official records regarding their child which include information deemed necessary to the welfare of students and the orderly operation of schools or information required by law and regulation. The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (”eligible students”) certain rights with respect to the student’s education records. They are:
1. The right to inspect and review the student’s education records within 45 days of the day the district receives a request for access.
Parents or eligible students should submit to the school principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of student’s education records that the parent or eligible student believes are inaccurate or misleading.
Parents or eligible students may ask [this school district] to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorized disclosure without consent.
One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605
School employees must maintain confidentiality regarding discipline of other students.
A SUMMARY OF RESPONSIBILITIES
Student Responsibilities
Student responsibilities include regular school attendance, conscientious effort in classroom work, and conformance to school rules and regulations.
Administrative Responsibilities
The administrator’s responsibilities are to guarantee student rights and privileges to those who demonstrate their willingness to accept accompanying responsibilities. Further, they are to insure consistent and equitable application of the school’s discipline policy. Review annually the rules and expectations of the board policy with teachers.
Teacher Responsibilities
A. Disciplinary Incident in the Classroom
Since maintenance of good order in the classroom is a primary responsibility of the teacher, each teacher is responsible for handling his/her own discipline problems that are of a common or minor nature, and intervention shall be the responsibility of the teacher and administrator. The following is the usual sequence of procedures for infractions of this nature.
1. Specific behavioral expectations shall be defined by each classroom teacher for each class. A copy of these expectations and procedures shall be made available to each student and to the building administrator.
2. The teacher initiates a parent contact - preferably by phone and with documentation of date and time. A mailer is sent if the teacher is unable to reach the parent by phone.
3. Should problems continue, referral may be made for alternative interventions, i.e. counselor, care team.
4. The student is referred to the principal/designee.
B. Disciplinary Incidents Outside the Classroom
Students who misbehave outside the classroom will be subject to similar disciplinary sanctions as those who misbehave within classrooms.
PART I DEFINITIONS (Alphabetized order not denoting sequence or severity)
Discipline
Discipline shall mean all forms of corrective action or intervention other than suspension and expulsion and shall include the exclusion of a student from a class by a teacher or administrator for a period of time not exceeding the balance of the immediate class period. Discipline shall also mean the exclusion of a student from any other type of activity conducted by or in behalf of a school district, including its athletic program and district transportation. A student may be detained for up to sixty (60) minutes after school, provided the student’s transportation needs are considered.
Emergency Expulsion
Emergency expulsion shall mean the immediate denial of school attendance due to an immediate and continuing danger to the student, other students, or school personnel or an immediate and continuing threat of substantial disruption of the educational process.
Emergency Removal
Emergency removal shall mean the immediate removal of a student from a class, subject or activity by a teacher or administrator when the student’s presence poses an immediate and continuing danger to the student, or school personnel or an immediate and continuing threat of substantial disruption of the class, subject, activity or educational process of the student’s school.
Expulsion
Expulsion shall mean a denial of attendance at any single subject or class or at any full schedule of subjects or classes for an indefinite period of time. An expulsion also may include a denial of admission to or entry upon real and personal property that is owned, leased, rented, or controlled by the school district.
Long-Term Suspension
Long-term suspension shall mean an out-of-school suspension that exceeds a “short-term suspension”.
Parent
Parent or parents shall mean any natural, adoptive, or custodial parent or guardian.
School Business Day
School business day shall mean any calendar day except Saturdays, Sundays and state school holidays, upon which the office of the superintendent of the school district is open to the public. School business days shall be concluded upon the closure of the superintendent’s office for the calendar day.
Short-Term Suspension
An out-of-school suspension for any portion of a calendar day up to and not exceeding ten (10) consecutive school days.
Suspension
Suspension shall mean denial of attendance, other than for the balance of the immediate class period for “discipline” purposes, at any single subject or class or at any full schedule of subjects or classes for a stated period of time. A suspension also may include a denial or admission to or entry upon real and personal property that is owned, leased, rented, or controlled by the school district.
PART II STUDENT CONDUCT AND RESPONSIBILITIES
The District Vision Statement: The Chimacum School District is an exciting, flexible environment where students of all ages successfully prepare themselves for their unique futures as responsible members of society. As a result of the process of education, students should clarify their own basic values and develop a commitment to act upon these values within the framework of their rights and responsibilities as participants in the democratic process.
Students shall comply with all federal, state and local laws, school district policies, school rules, school bus rules (Appendix A), athletic code (Appendix B), parking regulations and with the directions of teachers, student teachers, substitute teachers, educational assistants, principals or other authorized school personnel when they are properly under the authority of school personnel. Second or repeated violations of various school policies, rules, and regulations, is often of equal or greater concern than single violations. The cumulative effects of these acts may determine the form of corrective action imposed, including suspension and/or expulsion.
Any conduct that materially and substantially interferes with the educational process, is prohibited. Such conduct is specifically prohibited on or about school grounds, on or about school sponsored transportation, and at school events, off school grounds, and will lead to corrective action. The following list of misconduct is not intended to be exclusive. Conduct marked with an asterisk (*) has been judged, following consultation with an ad hoc citizens committee, to be so serious in nature and/or so serious in terms of the disruptive effect upon the operation of the school(s), that students may be subject to suspension for a first time offense, and to expulsion if there is good reason to believe other forms of corrective action would fail if employed. Administrative discretion is allowed on each individual case, and law enforcement may be informed. Two asterisks (**) indicate both exceptional misconduct has occurred and that law enforcement will be informed. Notification for students in grades K-5 may vary to match developmental age appropriateness.
Misconduct labeled as “exceptional” has been judged to (a) be of such frequent occurrence, notwithstanding past attempts of district personnel to control such misconduct through the use of other forms of corrective action and/or punishment, as to warrant an immediate resort to [suspension], and/or (b) be so serious in nature or in terms of the disruptive effect upon the operation of the school(s) as to warrant an immediate resort to [suspension] WAC 180-40-245-260.
1.** Arson - Setting fire to or attempting to set fire to a building or property.
2.** Assault - The threatened or attempted use of force or violence upon the person of another.
3.** Battery - Unlawful use of force or violence upon the person of another, including the use of a weapon or other instrument for the purpose of inflicting injury.
4.** Breaking/Entering – Entering a school by force causing property damage.
5.* Bullying/Intimidation - To force into or deter from some action by inducing fear either physical or emotional on a student or staff member, verbally, written or electronic.
6. Cheating - Intentional deception in the preparation or completion of any school assignment, examination or project, or in the conduct of any school related activity.
7. Conspiracy – An agreement to perform together an illegal treacherous or harmful act. The making of an agreement or plot to commit an illegal or subversive action.
8*. Continual Willful Disobedience - Repeated refusal to follow school rules and regulations.
9.* Cruelty to Animals - Causing pain and suffering to an animal.
10.* Damage or Destruction of Property - Willfully or negligently cutting, defacing, or otherwise injuring in any way, real or personal property belonging to the school district or another person. Parents shall be liable to the school district for all damages to school district property.
11. Defiance - Open or willful disregard or contempt for lawful authority of a staff member.
12. Disobedience - Failure or refusal to obey the lawful instructions of district personnel.
13.* Disruptive Conduct - Use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or any other conduct to cause the substantial and material disruption or obstruction of any lawful mission, process, or function of the school.
14. Disruptive Dress, Accessories or Appearance - Dress, accessories or appearance that is disruptive to the educational process and/or which threatens the health and safety of the student or others. No apparel that displays drugs, alcohol, tobacco or sexual innuendo is allowed.
15.* Encouraging Violent or Disruptive Activities - Students shall refrain from inciting, provoking, soliciting or pressuring others to engage in violent or disruptive activities.
16**. Extortion - The wrongful taking of a person’s money or property with that person’s consent under duress, by the use of threat or violence.
17. Failure to Report to school personnel knowledge of violence, drugs and/or alcohol.
18. False Accusations/Defamation - Untrue charges of wrong-doing and/or the making of defamatory statements.
19.** False Alarm - Activating a fire alarm for other than the intended purpose of the alarm.
20.* Falsification/Forgery of Documents - Altering or falsifying times, names, dates, grades, addresses, or other data on school related documents.
21.* Fighting - Mutual combat in which both parties have contributed to the situation by verbal or physical action.
22.* Gangs, Gang Activity - Generally, any act, omission, speech or gesture, or the wearing, possessing, distributing or displaying of any clothing, jewelry, sign or any other thing on school property or in any place involving a school related activity in furtherance of or to evidence membership in any group involved in illegal, intimidating or harassing conduct likely to cause a disruption in the school environment or present a threat to the health and safety of students or school personnel.
23.* Harassment - To persistently disturb, torment or pester, verbally, written or electronic.
24.* Hazing - Participating in, or conspiring to engage in, or conspiring for others to engage in harassing acts that injure, degrade or disgrace, or tend to injure, degrade or disgrace other individuals. Any act, coercion or initiation that causes or creates a substantiated risk of mental or physical harm. Permission, consent, or assumption of risk by an individual subjected to hazing does not lessen the punishment contained in this policy.
25.* Inappropriate Discrimination - Harassment or differential treatment of an individual or group of people, on the basis of age, disability, national origin, race, marital status, gender, sexual orientation, or socioeconomic status by written or spoken word, gestures or action.
26.* Intentional Misuse of School Equipment Supplies/Facilities - Deliberate abuse and/or misuse of school equipment, supplies, or facilities, including failure to follow safety rules established for laboratory instructional areas.
27.* Interference/Obstruction - Any action taken to attempt to prevent a staff member from exercising his/her lawfully assigned duties.
28.* Intimidation/Bullying - To force into or deter from some action by inducing fear either physical or emotional on a student or staff member verbally, written or electronic.
29.* Lewd Behavior - Indecent or obscene acts or expressions of inappropriate sexual behavior.
30.* Occupation of School Property - Occupying a school building or school grounds in order to deprive others of its use, or blocking normal pedestrian or vehicular traffic on school property.
31. Occupying Unauthorized Area - Being present in an area(s) without permission of school authorities or not being present while under supervision of school authorities, i.e. sporting events; field trips.
32. Offensive Social Behavior - Activities that violate standards of acceptable social conduct.
33.** Possession, Distribution or Use of Drugs, Alcoholic Beverages - Possessing, using or being under the influence of any illegal substance, narcotic or hallucinogenic drug, noxious inhalant, alcoholic beverage or other intoxicant, drug paraphernalia, prescription drug prescribed to another, or any item believed or purported to be such including non-alcoholic beer and wine or any like product containing alcohol. Nor shall a student attempt to do so or knowingly remain in any area where such activity is taking place.
34.** Possession or Use of Explosives - Possessing or using anything tending or serving to explode, such as firecrackers, bullets.
35. Possession or Use of Laser Devices - Possessing or using laser devices is prohibited on school grounds, school buses, or at school events.
36.* Possession or Use of Tobacco - Possessing or using any kind of pipe, cigar, cigarette, other lighted smoking equipment or material, any tobacco product, or any product that looks like tobacco. Also, any product that could reasonably be considered a tobacco product.
37.* Profanity/Vulgar Language - Language that is disgusting to the senses, repulsive. The use of vulgar or profane language by students whether spoken, written or gestured.
38.* Reckless/Endangering Behavior - Behavior in a manner as to endanger persons or property.
39. Reckless Driving - Driving on or about school property in such a manner as to endanger persons or property. Law enforcement may be notified.
40.** Robbery - The taking of the property of another by violence or intimidation.
41.** Sale or Delivery of Drugs or Alcohol - Distributing and/or selling or attempting to distribute and/or sell any illegal substance, narcotic or hallucinogenic drug, noxious inhalant, alcoholic beverage or other intoxicant, drug paraphernalia, prescription drug prescribed to another, or any item believed or purported to be such.
42. Self Identification - Refusal to identify himself/herself on request to school district and/or public officials.
43.* Sexual Harassment- Unwelcome sexual advances, requests for sexual favors, and verbal, written, electronic, or physical conduct of a sexual nature constitutes discriminatory harassment and is prohibited when such conduct creates an intimidating, hostile or offensive school environment or is a threat to the health or safety of students or employees. Persistent and/or pervasive and/or severe. Usually over a period of continuous time.
44.* Sexual Misconduct - Degrading or demeaning a person based on gender. Includes but not limited to unwelcome advances, touch, and comments.
45. Tardiness - The late arrival to class without authorization by school personnel.
46.* Theft - The unauthorized carrying away and/or possession of the personal goods or property of another person or the school district. Parents shall be liable to the school district for the failure to return school property loaned to a student upon demand of an employee of the district authorized to make the demand.
47.** Threat to damage by bomb or other weapon or device any public school building facility, property or person.
48.* Trespass - Unauthorized entry into or upon the property of the school district.
49. Truancy - The absence from class or school without an official excuse, or the violation of a closed campus rule. Refer to BECCA Policy on Pages 20-21
50. Unauthorized Gatherings - The assembly or meeting of students and/or non students on school property without permission of school authorities.
51.* Unauthorized Use of School Property - The unauthorized or illegal use of school property.
52.* Verbal Abuse/Threat - Use of disrespectful and/or threatening language, verbally, written or electronic.
53.* Violation of Suspension - Physical presence on a school campus or at a school activity while on suspension
54.** Weapons (Including Look Alikes) - The possession, use, transmission, or transporting of any object that could reasonably be considered a firearm, air gun, mace or pepper spray, nun-chu-ka stick, throwing star, club, dagger, spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by gravity, or by an outward, downward or centrifugal thrust or movement, or any other dangerous weapon; and the possession of any exploding item or device that would be capable of producing bodily harm, damage to property or disruption of the educational process.
Misconduct is also prohibited off school grounds while en route between home and school and/or when the misconduct is a consequence of or is directly related to causes or events, which occurred or originated on school grounds or at a school sponsored event.
PART III CONSEQUENCES FOR STUDENT MISCONDUCT
Corrective action is a logical consequence for student conduct in violation of building disciplinary standards. All corrective action will be administered in accordance with the rules and regulations appearing in Part IV of this handbook. For minor infractions, teachers will use a progressive discipline system in their rooms. When a student has exceeded the last step in the teacher’s system, or when a student’s conduct is serious enough to warrant immediate attention by other school authorities, the student will be referred to a building administrator for school wide corrective action.
The consequences listed in the following chart will generally prevail in the case of the listed offenses, all of which have been designated as “exceptional misconduct” following consultation with the District’s Ad Hoc Citizen’s Committee. Students who commit the prescribed acts are subject to immediate suspension or expulsion. However, students and parents should be aware that state regulations protect students’ rights by granting school authorities the power to modify prescribed consequences in cases involving extenuating or exceptional circumstances.
THE DISTRICT MAY INFORM LAW ENFORCEMENT FOR SERIOUS VIOLATIONS OF THE DISCIPLINE CODE
The range of corrective actions for students in kindergarten to grade five may vary to match developmental age appropriateness.
Consequences for Student Exceptional Misconduct
(Conduct marked with an asterisk (*) indicates that student may be subject to suspension for a first time offense, and to expulsion if there is a good reason to believe other forms of corrective action would fail if employed. Two asterisks (**) indicate both exceptional misconduct has occurred and that law enforcement will be informed.)
| Exceptional Misconduct | Range of Corrective Action |
PART IV GENERAL CORRECTIVE ACTION
As a general rule corrective action is a progressive process. District staff members are expected to use corrective action that is reasonably calculated to modify inappropriate student behavior. If student behavior is not then modified in an appropriate fashion, staff may employ actions or sanctions not previously imposed in order to correct behavior.
Students with Disabilities
Students with disabilities are subject to the same rules of student conduct and corrective action procedures as other students. However, when a proposed action constitutes a significant change in placement, the procedures outlined in Board Policy 2161 shall be followed.
Discipline
Discipline may be imposed upon a student for violation of the rules of the school district, subject to the following limitations:
1. No form of discipline shall be enforced in such a manner as to prevent a student from accomplishing specific academic grade, subject, or graduation requirements.
2. A student’s academic grade or credit in a particular subject or course may be adversely affected by reason of tardiness or absences only to the extent and upon the basis that the student’s attendance and/or participation is related to the instructional objectives or goals of the particular course and the student’s attendance has been identified by the teacher pursuant to policy of the school district as a basis for grading, in whole or in part, in the particular subject or course.
Corporal Punishment
Corporal punishment (punishment inflicted directly on the body) is not authorized in the public schools of Washington State.
Suspension
A suspension may be imposed upon a student for violation of school district rules, subject to the following limitations:
1. The nature and circumstances of the violation must be considered and must reasonably warrant a suspension and the length of the suspension imposed.
2. Except for those rule violations that have been designated exceptional misconduct (See Part II) as a general rule, no student will be suspended unless another form of corrective action reasonably calculated to modify his or her conduct has previously been imposed upon the student as a consequence of misconduct of the same nature.
3. No student subject to compulsory attendance shall be suspended for unexcused absences unless the school has first imposed an alternative corrective action reasonably calculated to modify his or her conduct and in addition:
a. Provided notice to the student’s parent in writing (in the primary language of the parent) that the student has failed to attend school without valid justification.
b. Scheduled a conference with the parent and the student at a reasonably convenient time and place to analyze the causes for the student’s absence to determine whether the student should be made a focus of concern for placement in special education or other special program designed for the student’s educational success.
c. Taken steps to reduce the student’s absences which includes, where appropriate in the judgment of school officials and after discussion with the parent and student, adjustments to the student’s school program, school, course assignment or assisting the student or parent to obtain supplementary services that might reduce the cause for the student’s absences.
I. No student in grade kindergarten through four shall be subject to short-term suspension for more than a total of ten (10) school days during any single grading period. No such student shall be subject to short-term and long-term suspensions for more than a total of fifteen (15) school days during any single semester. No loss of academic grade or credit shall be imposed by reason of suspensions to such students.
II. No student in grades five and above shall be subject to short-term suspensions for more than a total of fifteen (15) school days during any single semester or ten (10) school days during any single trimester, as the case may be. (WAC 392-400-245)
6. Any student subject to short-term suspension shall be provided the opportunity upon return to school to make up assignments or tests missed by reason of the suspension if such assignments or tests have a substantial effect on the student’s grading period grade or failure to complete such assignments or tests would preclude the student from receiving credit for the course(s). Arrangements may be made to get assignments. Contact your school.
7. Any student who has been suspended shall be allowed to make application for readmission at any time. (See Part VII)
8. All suspensions and the reasons therefore must be reported in writing to the superintendent within 24 hours after the imposition of the suspension.
9. Notwithstanding any other provision of this handbook to the contrary, certificated staff members are empowered to exclude any student who creates a disruption of the educational process in violation of building disciplinary standards from their classroom for all or any part of the school day or until the certificated staff member has conferred with the principal, whichever occurs first. Prior to excluding a student, except in emergency circumstances, the teacher shall have attempted one or more corrective action. In no case shall an excluded student be returned for the balance of a period without the consent of the teacher.
Short Term Suspension Prior Conference Required
Prior to the short-term suspension of any student, a conference must be conducted with the student. At this conference:
1. An oral or written explanation of the alleged misconduct and rule violations must be provided to the student;
2. An oral or written explanation of the evidence in support of the allegations must be provided to the student;
3. An oral or written explanation of the corrective action, which may be imposed, shall be provided to the student;
4. The student shall be provided the opportunity to present an explanation regarding the alleged misconduct.
In the event a short-term suspension is to exceed one (1) calendar day, the parent of the student must be notified of the reason for the student’s suspension and the duration of the suspension orally and/or by letter deposited in the mail as soon as reasonably possible. This notice shall also inform the parent of the right to an informal conference and that the suspension may possibly be reduced as a result of such a conference.
Grievance Procedure for Discipline Action and Short Term Suspension
Any student or parent who disagrees with the imposition of discipline or a short-term suspension shall have the right to an informal meeting with the building principal/designee for the purpose of resolving the grievance. The employee whose action is being grieved shall be notified of the initiation of such a grievance as soon as reasonably possible. During this meeting, the student and parent shall be subject to questioning by the principal/designee and shall be entitled to question school personnel involved in the matter being grieved.
After this school level grievance meeting, if the issue is not resolved, the student or parent, upon giving two (2) school business days’ prior notice to the superintendent’s office, shall have the right to present a written and/or oral grievance to the superintendent or designee.
If the issue is not resolved, the student or parent, upon giving two (2) school business days prior notice to the superintendent’s office, shall have the right to present a written and/or oral grievance to the Board of Directors during the board’s next regular meeting. The Board shall notify the student and parent of its response to the grievance within ten (10) school business days after the date of the meeting.
The discipline or short-term suspension shall continue during the grievance procedure unless the principal or designee elects to postpone the action.
Notice of Long Term Suspension
Prior to the long-term suspension of a student, a written notice of an opportunity for a hearing shall be delivered in person or by certified mail to the student and parent. This notice shall be in the primary language of the student and parent and it shall:
1. Specify the student’s alleged misconduct and the school district rule alleged to have been violated;
2. Set forth the corrective action proposed by the district and the right of the student or parent to a hearing for the purpose of contesting the allegations;
3. Inform the student and parent that a written request for such a hearing must be received by a designated school district employee on or before the expiration of the third school business day after their receipt of the notice;
4. Indicate that if such a timely request is not received, that the right to a hearing may be deemed waived and the proposed long-term suspension may be imposed without further opportunity for the student or parent to contest the matter.
A schedule of “school business days” potentially applicable to the exercise of such a hearing right should be included with the notice.
The student or parent must request such a hearing within three (3) school business days after the date of their receipt of the long-term suspension notice. If a timely request for a hearing is not received, the school district may consider the student and parent to have waived the right to a hearing and the proposed long-term suspension may be imposed.
Expulsion
A student may be expelled for violation of school district rules subject to the following limitations:
1. The nature and the circumstances of the violation must reasonably warrant the harshness of expulsion.
2. No student shall be expelled, with the exception of exceptional misconduct, unless other forms of corrective action reasonably calculated to modify his or her conduct have failed or unless there is good reason to believe that other forms of corrective action would fail if employed.
3. No student shall be expelled by reason, in whole or in part, of one (1) or more unexcused absences unless the school district has also first:
a. Provided notice to the student’s parent in the primary language of the parent that the student has failed to attend school without valid justification.
b. Scheduled a conference with the parent and the student at a time and place reasonably convenient to all involved to analyze the cause of the student’s absence and to determine whether the student shall be made a focus of concern for placement in a special education or other special program designed for the student’s educational success.
c. Taken steps to reduce the student’s absence which include, where appropriate in the judgment of school officials and after discussion with the parent and student, adjustment of the student’s school program or school course assignment or by assisting the student or parent to obtain supplementary services that might reduce the cause for the student’s absence.
4. All expulsions and the reasons therefore must be reported in writing to the superintendent within 24 hours after the imposition of the expulsion.
Notice of Expulsion
Prior to the expulsion of a student, a written notice of an opportunity for a hearing shall be delivered in person or by certified mail to the student and to the parent. This notice shall be in the primary language of the student and parent and it shall:
1. Specify the student’s alleged misconduct and the school district rule alleged to have been violated;
2. Set forth the corrective action proposed by the district and the right of the student and parent to a hearing for the purpose of contesting the allegations;
3. Inform the student and parent that a written request for such a hearing must be received by a designated school district employee on or before the expiration of the third school business day after their receipt of the notice;
4. Indicate that if such a timely request is not received, that the right to a hearing may be deemed waived and the proposed expulsion may be imposed without further opportunity for the student or parent to contest the matter.
A schedule of “school business days” potentially applicable to the exercise of such a hearing should be included with the notice. The student or parent must request such a hearing within three (3) school business days after the date of their receipt of the expulsion notice. If a timely request for a hearing is not received, the school district may consider the student and parent to have waived the right to a hearing and the proposed expulsion may be imposed.
Hearing Process for Long Term Suspension or Expulsion
If a timely request for a hearing is received, the school district shall schedule a hearing to commence within three school business days after the date upon which the hearing request was received by the district. The student and parent shall have the right to inspect in advance of the hearing any documentary and other physical evidence the school district intends to introduce at the hearing.
The student and parent shall have the right to be represented by legal counsel, to question and confront witnesses, to present an explanation of the alleged misconduct, and to make such relevant showings by way of witnesses and the introduction of evidence as desired.
The school district’s representative assigned to present the district’s case shall have the right to inspect in advance of the hearing any documentary and other physical evidence which the student or parent intends to introduce at the hearing.
The hearing officer assigned by the district to hear the case shall not be a witness in the case, and the truth of the allegations shall be determined solely on the basis of the evidence presented at the hearing. Either a tape recorded or verbatim record of the hearing shall be made. A written decision by the hearing officer setting forth the findings of fact, conclusions and the nature and duration of the long-term suspension/expulsion or lesser form of corrective action to be imposed, if any, shall be provided to the student’s legal counsel or if none, to the student and parent.
PART V EMERGENCY ACTIONS
Emergency Removal from a Class, Subject or Activity
A student may be removed immediately from a class, subject or activity by a certificated employee and sent to the designated school authority if there is good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to the student, other students, or school personnel or an immediate and continuing threat of substantial disruption of the class, subject, activity or educational process of the student’s school. Such a removal shall continue only until the danger or threat ceases or until the principal/designee acts to impose appropriate discipline. The principal/designee shall meet with the student as soon as reasonably possible following the student’s removal and take appropriate corrective action. In no case shall the student’s opportunity for such a meeting be delayed beyond the commencement of the next school day. Prior to or at the time any such student is returned to the class or activity from which the student was removed, the principal/designee shall notify the certificated employee who removed the student of the action that has been taken.
Emergency Expulsion
A student may be expelled immediately by the principal in emergency situations if the principal has good and sufficient reason to believe that the student’s presence poses an immediate and continuing danger to the student, other students, or school personnel or the immediate and continuing threat of substantial disruption to the educational process. An emergency expulsion shall continue until rescinded by the principal or until modified or reversed pursuant to the hearing process set forth below or the appeal process set forth in Part VI.
Emergency Expulsion Notice of Hearing
The student and parent shall be notified of the emergency expulsion of a student and of their opportunity for a hearing as follows:
1. By hand delivering a written notice to the student’s parent within 24 hours of the expulsion and by documenting same with either a signed acknowledgment of receipt or a written certification by the person making the delivery, or by a certified letter deposited in the mail within 24 hours of the expulsion. If the notice is by certified letter, reasonable attempts shall be made to notify the student and parent by telephone or in person as soon as is reasonably possible.
2. If the emergency expulsion is based on a failure to comply with the state immunization law, WAC 180-38, the notice must be received by the student’s parent prior to the emergency expulsion regardless of the method of delivery.
Such written or oral notice shall:
1. Be in the primary language of the student and parent to the extent feasible;
2. Specify the alleged reason(s) for the emergency expulsion;
3. Set forth the corrective action taken and proposed;
4. Set forth the right of the student and parent to a hearing for the purpose of contesting the allegations as soon as reasonably possible;
5. Set forth the fact that a request for a hearing must be received by the district on or before the tenth school business day after receipt of the notice; and,
6. State that if such a timely request is not received, that the right to a hearing may be considered waived and the emergency expulsion may be continued as deemed necessary without any further opportunity for the student or parent to contest the matter.
A schedule of school business days potentially applicable to the exercise of such hearing right should be included with the notice.
Emergency Expulsion Hearing Process
If a timely request for a hearing is received, the school district shall immediately schedule and give notice of a hearing to commence as soon as reasonably possible, but not later than the third school business day after the district’s receipt of the request for the hearing.
At this hearing the student and parent shall have the right to inspect in advance of the hearing any documentary or other physical evidence the school district intends to introduce at the hearing, to be represented by legal counsel, to question and confront witnesses, to present an explanation of the alleged misconduct, and to make such relevant showings by way of witnesses and the introduction of evidence as desired.
The school district representative assigned to present the district’s case shall have the right to inspect in advance of the hearing any documentary or other physical evidence the student or parent intend to introduce at the hearing.
The hearing officer assigned to hear the case shall not be a witness, and the truth of the allegations shall be determined solely on the basis of the evidence presented at the hearing. Either a tape recorded or verbatim record of the hearing shall be made.
Within one school business day after the date upon which the hearing concludes, a decision as to whether the expulsion shall be continued shall be rendered by the hearing officer. The student’s legal counsel, or if none, the student and parent shall be notified of the decision thereof by depositing a certified letter in the United States mail. The decision shall set forth the findings of fact, the conclusions (including a conclusion as to whether or not the emergency situation giving rise to the emergency expulsion still exists), and whether or not the emergency expulsion shall be continued or a lesser form of corrective action is to be imposed.
An emergency expulsion may be continued following the hearing on the basis that the emergency situation continues and/or as corrective action for the actions giving rise to the emergency expulsion in the first instance.
PART VI APPEALS TO SCHOOL BOARD
Notice
Appeals from hearing officer decisions imposing either a long-term suspension or an expulsion shall be governed as follows:
1. The student and parent shall have the right to appeal the hearing officer’s decision to the school board. Notice indicating that the student and parent desires to appeal the hearing officer’s decision shall be made to the office of the school district superintendent or the office of the hearing officer within three (3) school business days after the date of receipt of the hearing officer’s decision. Such notice of appeal must be in writing.
2. If such an appeal is not taken, the long-term suspension or expulsion decided upon may be imposed as of the calendar day following the expiration of the three (3) school business day appeal period.
3. If a timely appeal is taken to the board of directors, the imposition of the suspension or expulsion shall not be imposed until the appeal is decided; provided, that an emergency expulsion that is continued by the hearing officer need not be interrupted or stayed if the decision rendered includes a conclusion that the student continues to impose an immediate and continuing danger to the student, other students, or school personnel or an immediate and continuing threat of substantial disruption of the educational process of the student’s school.
Hearing with the School Board
If a timely notice of appeal to the school board is received, the board shall schedule and hold an informal conference to review the matter within ten (10) school business days after the date of receipt of such appeal notice. The purpose of this meeting shall be to meet and confer with the parties in order to decide the most appropriate means of disposing of the appeal.
At that meeting, the student, parent, or legal counsel shall be given the right to be heard and shall be granted the opportunity to present such witnesses and testimony as the board deems reasonable. The board shall agree to one of the following procedures prior to adjournment or recess:
1. Study the hearing record or other materials submitted and render its decision within ten (10) school business days after the date of the informal conference; or
2. Schedule and hold a hearing to hear further arguments based on the record before the board and render its decision within fifteen (15) school business days after the date of the informal conference; or
3. Schedule and hold a meeting within ten (10) school business days after the date of the informal conference for the purpose of hearing the case de novo.
In the event the school board elects to hear the appeal de novo, the following rights and procedures shall govern the proceedings:
At the de novo hearing, the student and parent shall have the right to inspect in advance of the hearing any documentary or other physical evidence the school district intends to introduce at the hearing, to be represented by legal counsel, to question and confront witnesses, to present an explanation of the alleged misconduct, and to make such relevant showings by way of witnesses or the introduction of evidence as desired.
The school district representative assigned to present the district’s case shall have the right to inspect in advance of the hearing any documentary or other physical evidence the student or parent intends to introduce at the hearing.
Either a tape-recorded or verbatim record of the hearing shall be made.
Any decision by the school board to impose or to affirm, reverse or modify the imposition of discipline, suspension or expulsion upon a student shall be made only by those board members who have heard or read the evidence, and only by board members who have not acted as witnesses in the matter and only by a majority vote at a meeting at which a quorum of the board is present.
PART VII APPLICATION FOR READMISSION
Any student who has been suspended or expelled shall be allowed to make application for readmission at any time. If a student desires to be readmitted to the school from which the student has been suspended or expelled, the student shall submit a written application to the principal, who shall recommend admission or non admission to the superintendent. If a student wishes admission to another school, the student shall submit the written application to the superintendent. The application shall include:
1. Reasons the student wants to return and why the request should be considered;
2. Evidence which supports the request; and
3. A supporting statement from the parent or others who may have assisted the student.
The superintendent shall, in writing, advise the parent and student of the decision within seven (7) school days of the receipt of such application.
The superintendent may designate school employees to consider the application and make recommendations concerning the readmission request. Readmission, if appropriate, may be conditioned upon drug/alcohol assessments and such other measures as may be deemed appropriate by the superintendent.
APPENDIX A ~ RULES FOR STUDENTS RIDING SCHOOL BUSSES
General Rules and Regulations
1. The bus driver is in full charge of the bus and all students will obey the bus driver promptly and willingly.
2. Failure to follow bus rules and regulations and/or other student misconduct on a bus will result in parent contact, corrective action, and possible loss of transportation services.
3. Any exceptions to rules below, where applicable, must be approved by the school authorities.
Specific Rules and Regulations
1. Students shall give their proper identity when requested by the bus driver.
2. Students shall ride their regularly assigned bus.
3. Students shall board and leave the bus at their regularly assigned stops.
4. Students shall be seated at all times in seats as may be assigned by the bus driver.
5. Students shall refrain from throwing refuse or other objects in or outside the bus.
6. Students are not permitted to eat or drink on the bus.
7. Students shall not smoke or light any combustible materials on or around the bus.
8. Students shall not open the windows on a school bus a distance of more than six inches or to the line indicated on the window frame.
9. Students shall not extend any part of their body out of the bus windows while the bus is in motion or standing still.
10. Students shall not have anything in their possession which may cause injury, such as skateboards, sharp objects, breakable containers, any type of weapons, straps or pens extending from their clothing and all other articles which could adversely affect the safety of the bus and passengers.
11. Animals are not permitted on the bus with the exception of Seeing Eye dogs, hearing and enabler dogs.
12. The bus aisles and emergency exits shall be kept clear of objects at all times.
13. Large objects shall not be transported on the school bus.
14. Unnecessary talking to the bus driver is prohibited.
15. The use of loud, abusive or vulgar language and obscene gestures is prohibited.
16. Students shall observe silence upon the bus driver’s request during dangerous situations, i.e. railroad crossings, freeway entrances, etc.
17. Students are not permitted to sit in the bus driver’s seat at any time.
18. Students shall remain seated while the bus is in motion and until the bus comes to a complete stop.
19. Students shall cross the highway only in front of the bus and upon bus driver’s consent.
20. Students shall board and leave the bus in an orderly manner.
21. When the bus is arriving or departing students shall stand clear. A minimum of six (6) feet is recommended.
22. Private and school property at bus stops shall be respected at all times.
23. Students shall not stand or play in the roadway while waiting for the bus.
24. Students are expected to be at the bus stop before the scheduled bus arrival. Bus drivers are instructed not to wait for tardy students. As a general rule, drivers do not honk the horn.
25. Students walking on the roadside should walk facing oncoming traffic whenever possible.
26. Self-discipline should be exercised by students at the bus loading area. Students should refrain from pushing and shoving other students.
27. Emergency Exits: Emergency exit doors shall be used only in the case of emergencies and emergency exit drills. In the event of an actual emergency, emergency exit procedures as drilled shall be followed.
28. Parents or guardians of students damaging school buses shall be responsible for proper reimbursement to the Chimacum School District.
APPENDIX B ~ CHIMACUM SCHOOL DISTRICT ATHLETIC CODE
The opportunity to participate in the interscholastic program is a privilege granted to all students of the district. Participants in this voluntary program are expected to conform to specific regulations established by the WIAA, district policy, coaches or advisors, and the specific league in which they are participating (”the league”). A student who violates any rule is subject to suspension or expulsion from the activity. The procedural guidelines to enforce Washington Interscholastic Activity Association (WIAA) regulations, “the league” rules and Chimacum School District policies consistently throughout the district, and to provide students certain rights, are available in the Student Athletic Handbook. The Student Athletic Handbook is available at Chimacum High School, Chimacum Middle School, Chimacum Elementary School, Chimacum Creek Primary School and at the District Office.
APPENDIX C ~ MANDATORY ATTENDANCE
All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:
The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4).
The child is receiving home based instruction.
The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school.
The child is fifteen (15) years of age or older and:
a. The superintendent determines that such child has already attained a reasonable proficiency in the first nine grades of the public schools of this state.
b. The child is regularly and lawfully engaged in a useful or remunerative occupation.
c. The child has already met graduation requirements in accordance with state board of education rules and regulations.
d. The child has received a certificate of educational competence.
SCHOOL’S DUTIES UPON CHILD’S FAILURE TO ATTEND SCHOOL
If a child required to attend school under the laws of the state of Washington fails to attend school without valid justification, the child’s school shall:
Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone. Schedule a conference or conferences with the custodial parent, parents, or guardian and child.
Take steps to eliminate or reduce the child’s absences.
PETITION TO JUVENILE COURT FOR VIOLATIONS BY A PARENT OR CHILD
If the actions taken by a school district under RCW 28A. 225.020 are not successful in substantially reducing an enrolled student’s absences from school, upon the fifth (5) unexcused absence by a child within any month during the current school year or upon the tenth (10) unexcused absence during the current school year the school district shall file a petition with the juvenile court alleging a violation of RCW 28A.225.010: (1) By the parent; (2) by the child; or (3) by the parent and the child.
If the school district fails to file a petition under this section, the parent of a child with five (5) or more unexcused absences in any month during the current school year or upon the tenth (10) unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.
PETITION TO JUVENILE COURT - COURT ACTION
1. A petition under RCW 28A.225.030 shall consist of a written notification to the court alleging that:
The child has five (5) or more unexcused absences within any month during the current school year or ten (10) or more unexcused absences in the current school year.
Actions taken by the school district have not been successful in substantially reducing the child’s absences from school.
Court intervention and supervision are necessary to assist the school district or parent to reduce the child’s absences from school.
2. The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child’s parents.
3. The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.
4. When a petition is filed under RCW 28A.225.030, the juvenile court may: Schedule a fact-finding hearing at which the court shall consider the petition.
Separately notify the child, the parent of the child, and the school district of the fact-finding hearing.
Notify the parent and the child of their rights to present evidence under chapter 13.32A RCW.
5. The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.
6. The court shall grant the petition and enter an order assuming jurisdiction to intervene for the remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence.
7. If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.
APPENDIX D ~ SCHOOL BOARD POLICY 6590 - SEXUAL HARASSMENT
This district is committed to a positive and productive education and working environment free from discrimination, including sexual harassment. The district prohibits sexual harassment of students, employees and others involved in school district activities.
Sexual harassment occurs when:
a) Submitting to the harasser’s sexual demands is a stated or implied condition of obtaining an education or work opportunity or other benefit;
b) Submission to or rejection of sexual demands is a factor in an academic, work or other school-related decision affecting an individual; or
c) Unwelcome sexual or gender-directed conduct or communication interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.
Sexual harassment can occur adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male and female to female.
The district will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment that come to the attention of the district, either formally or informally. Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Persons found to have been subjected to sexual harassment will have appropriate school district services made reasonably available to them and adverse consequences of the harassment shall be reviewed and remedied, as appropriate.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff and contractors. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.
Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.
It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
The superintendent shall develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this policy. All staff are responsible for receiving informal complaints and reports of sexual harassment and informing appropriate district personnel of the complaint or report for investigation and resolution. All staff are also responsible for directing complainants to the formal complaint process.
The superintendent shall develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, student and regular volunteer orientation. This policy shall be posted in each district building in a place available to staff, students, parents, volunteers and visitors. The policy shall be reproduced in each student, staff, volunteer and parent handbook.
The superintendent shall make an annual report to the board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, shall be included in the report. The superintendent is encouraged to involve staff, students, volunteers and parents in the review process.
Legal References: RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope WAC 392-190-056 - 058
Sexual harassment Adoption Date: June 13, 1995
APPENDIX E ~ STUDENT CONTRACT
I, (name), In order to take advantage of the Chimacum School District’s “buy back” policy allowing me to return early from suspension, agree that I will accomplish the following:
1. I will complete an Alcohol/Drug Assessment, including a UA, by (date).
2. I will participate in the recommended follow-up as determined by the assessing agency.
3. I will sign a Release of Information between the assessing agency and the Chimacum School District Interventionist for the appropriate consultation. My rights under federal confidentiality laws remain in force; records kept by the Intervention Specialist do not become part of academic or disciplinary files.
4. While on any Chimacum School District grounds, I will not use, sell, be in possession of, or in close *proximity to any illegal alcohol, drugs, or narcotics. (*Close proximity includes, but is not limited to being in a vehicle, building or at an outside gathering where the illegal consumption, possession, or selling of alcohol, drugs or narcotics occurs.)
5. If no treatment is recommended by the assessing agency, I will attend the education Drug/Alcohol In-sight classes that are being taught at Chimacum School District by the Interventionist. I understand that these are at school and at no cost to me.
I understand that failing to accomplish the above items will result in an immediate Out of School suspension for the number of days this “buy back” contract allows, in this case (#) days.
I also understand that while on any Chimacum School District grounds, using, selling, being in the possession of or in close proximity to any illegal alcohol, drugs, or narcotics will be treated as a second offense and may result in being suspended for the remainder of the (date) school year with possible loss of credits.
I, ___________________________ (parent/guardian), agree that this contract is reasonable, and I will make every effort to support it.
This contract is effective from the ____________ day of __________, 20______, to the end of ________, 20_________.
Student signature___________________________________________
Parent/guardian signature____________________________________
Administrator/designee signature______________________________
Click here for the Chimacum SD Appeals Process for Student Disciplinary Actions
