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Student Discipline

Please see the following sections regarding student discipline.

Student Discipline - General Philosophy Discipline of Habitually Disruptive Students Discipline of Special Education Students Use of Physical Intervention Disciplinary Removal from Classroom Discipline of Student with Disabilities Manifestation Determination Disciplinary Action for Behavior that is Not a Manifestation Disciplinary Action and/or Alternative Placement for Behavior that is a Manifestation Discipline for Students Not Labeled as Disabled Expedited Hearings Communication of Disciplinary Information to Teachers/Counselors

Student Discipline - General Philosophy

The Board believes that effective student discipline is a prerequisite for sound educational practice and productive learning. The objectives of disciplining any student must be to help the student develop a positive attitude toward self-discipline and socially acceptable behavior. All policies and procedures for handling general and major discipline problems for all students of the district shall be designed to achieve these broad objectives. Disorderly students also shall be dealt with in a manner which allows other students to learn in an atmosphere which is safe, conducive to the learning process and free from unnecessary disruptions. The Board in accordance with state law shall adopt a written student conduct and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for and to obey persons in authority. The code also shall emphasize that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action. The district shall enforce provisions of the code so that students demonstrating unacceptable behavior and their parents, guardians or legal custodians understand that such behavior shall not be tolerated and shall be dealt with according to the code. All Board-adopted policies and Board-approved regulations containing the letters “J” in the file name shall be considered as constituting the student discipline section of the legally-required code. The Board shall consult with administrators, teachers, parents, students and other members of the community in the development of the conduct and discipline code. All discipline policies and procedures must conform with requirements of law. Discipline policies and procedures may include acts of reasonable and appropriate physical intervention or force in dealing with disruptive students which are not in conflict with the legal definition of child abuse if the act was performed in good faith and in compliance with Board policy and procedures. A teacher or any other person acting in good faith and in compliance with the discipline code adopted by the Board shall be immune from civil liability unless the person is acting willfully or wantonly. It is an affirmative defense in any criminal action that a person is acting in good faith and in compliance with the discipline code. The superintendent shall arrange to have the conduct and discipline code distributed once to each new student in the district. Copies shall be posted in each school of the district. In addition, any significant change in the code shall be distributed to each student and posted in each school. BACK TO TOP

Discipline of Habitually Disruptive Students

Students who cause a disruption in the classroom, on school grounds, in school vehicles or at school activities or events for a third time during any one school year shall be required to participate in an individual remedial discipline plan. No student shall be declared habitually disruptive prior to the development and implementation of a remedial discipline plan. Students who, through willful and overt behavior, cause a disruption in the classroom, on school grounds, in school vehicles, or at school activities or events more than five times during the school year, whose behavior requires the attention of school personnel to deal with the disruption, and who violate their individual remedial discipline plans shall be declared habitually disruptive students. Expulsion shall be mandatory for habitually disruptive students. BACK TO TOP

Discipline of Special Education Students

Appropriate discipline for special education students shall be determined by the student's individual education plan (IEP). The special education director shall be contacted prior to the use of any disciplinary measure which is not authorized by the student's IEP as additional procedural considerations are required in accordance with district's responsibilities under state and federal law. Adopted: October 21, 1993 Reviewed: August 26, 2003 LEGAL REFS.: C.R.S. 18-6-401 (1) C.R.S. 19-3-303 (1) C.R.S. 22-32-109 (1) (w) (x) (I, II) C.R.S. 22-23-110 (2), (3), (4) C.R.S. 22-33-106 (1) (a-e) CROSS REFS.: JIC, Student Conduct, and subcodes JK subcodes (all relate to student discipline) BACK TO TOP

Use of Physical Intervention

In dealing with disruptive students, any person employed by the district may, within the scope of his/her employment, use reasonable and appropriate physical intervention or force as necessary for the following purposes: To prevent a student from an act of wrong-doing. To quell a disturbance threatening physical injury to others. To obtain possession of weapons or other dangerous objects upon a student or within the control of a student. For the purpose of self-defense. For the protection of persons or property. To maintain discipline. Any such acts are not in conflict with the legal definition of child abuse and shall not be construed to constitute corporal punishment within the meaning and intention of this policy. Under no circumstances shall a student be physically held for more than five minutes unless the provisions regarding restraint (contained in the regulation) are followed. Any method or device used to involuntarily limit a student’s freedom of movement for more than five minutes, including physical force, mechanical restraint, physical restraint, chemical restraint or seclusion, shall be in compliance with state law on protecting persons from restraint. The superintendent shall develop procedures and a training program related to the use of restraint consistent with this policy and state law. Corporal punishment shall not be administered to students by anyone in any district school. Adopted: October 2004 LEGAL REFS.: C.R.S 18-1-703 (use of physical force by those supervising minors) C.R.S. 18-6-401 (1) (definition of child abuse) C.R.S. 19-1-103 (1) (definition of abuse and neglect) C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code) C.R.S. 22-32-109.1 (2)(a)(IV) (policy required as part of safe schools plan) C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law) C.R.S. 26-20-1 02 et seq (protection of persons from restraint) 1. Staff members must refer incidents of disruptive behavior to the superintendent who for purposes of these procedures will be called the "disciplinary officer". School personnel will provide written documentation to the disciplinary officer when a student initiates disruptive behavior in the classroom, on school grounds, on school vehicles or at school activities or events which is willful and overt and which requires the attention of the school official reporting the incident. The disciplinary officer will confer with the staff member reporting an incident of disruptive behavior. If determined necessary, the disciplinary officer will contact the student's parent/guardian either by telephone or in person to discuss the nature of the incident. The disciplinary officer will prepare a brief written summary of the incident based on these conferences. The parent/guardian will be given a copy of the summary which will be placed in the student's cumulative file. The student and/or parent/guardian may submit a written response to the incident report which will be attached to the written summary. 2. The disciplinary officer will develop a remedial discipline plan for a student when it is determined that the student has been disruptive for the third time in a school year, based on the incident reports on file. The disciplinary officer at his/her discretion may develop a plan for any student prior to the filing of the third disruptive incident report. To develop the plan, the disciplinary officer will arrange for a meeting with the student, the student's parent/guardian and any members of the staff whom the officer deems need to attend. The purpose of the meeting will be to address the reasons for the student's disruptive behavior and to cooperatively establish goals, objectives and timeliness to modify such behavior. A written plan will be prepared which establishes behavior goals and objectives and any other information deemed necessary. It will include the consequences in the event the student is disruptive in violation of the plan. The plan may be written in the form of a contract which the student and his/her parent/guardian will sign and date. The parent/guardian will be provided a copy of the remedial discipline plan, and it will be placed in the student's cumulative file. 3. Disruptive behavior by special education students will be dealt with in accordance with the student's individual education plan (IEP). These procedures for disruptive student behavior apply only to the extent that staff members must file incident reports on disruptive behavior by all students. It will be the responsibility of the disciplinary officer and other appropriate district personnel to coordinate these procedures with a special education student's IEP. 4. A student will be declared "habitually disruptive" if he initiates overt and willful misbehavior more than five times during the school year and violates his/her remedial discipline plan. The superintendent will inform the board if a student is disruptive for the fifth time in violation of his/her remedial discipline plan. District procedures for expulsion will be followed prior to expulsion of a habitually disruptive student. Adopted: October 21, 1993 BACK TO TOP

Disciplinary Removal from Classroom

It is the policy of the Board to maintain classrooms in which student behavior does not interfere with the ability of the teacher to teach effectively or the ability of other students to participate in classroom learning activities. Students shall be expected to abide by the code of conduct adopted by the Board and any other appropriate classroom rules of behavior established by the building principal and/or classroom teacher for the purpose of maintaining order and a favorable academic atmosphere. Any student who violates the code of conduct or other classroom rules may be subject to removal from class and/or disciplinary action. Student removal from class is a serious measure and should not be imposed in an arbitrary casual or inconsistent manner. Behavioral expectations are always more constructive and more likely to be followed when they are communicated as clearly as possible to students. However, it is neither possible nor necessary to specify every type of improper or inappropriate behavior, or every circumstance that would justify removal from class under this policy. Teachers are expected to exercise their best professional judgment in deciding whether it is appropriate to remove a student from class in any particular circumstance. All instances of formal removal from class shall be documented. A teacher is authorized to immediately remove a student from the teacher's classroom if the student's behavior: violates the code of conduct adopted by the Board; is dangerous, unruly, or disruptive; or seriously interferes with the ability of the teacher to teach the class or other students to learn. A student with a disability may be removed from class and placed in an alternative educational setting only to the extent authorized by state and federal laws and regulations. Removal from class under this policy does not prohibit the district from pursuing or implementing additional disciplinary measures, including but not limited to detentions, suspensions, or expulsions for the conduct or behavior for which the student was removed. The superintendent is directed to establish procedures to implement this policy so that removals from a classroom occur in a consistent manner throughout the district. Parents/guardians shall be notified of the student's removal from class in accordance with established procedures. Adopted: August 26, 2004 LEGAL REFS.: C.R.S. 22-32-109.1 (2) (a) (II) (policy required as part of safe school plan) CROSS REFS.: JIC, subcodes (all pertain to student conduct) JK, Student Discipline, and subcodes BACK TO TOP

Discipline of Students with Disabilities

Students with disabilities are neither immune from a school district’s disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their IEP, any behavioral intervention plan and this policy. Nothing in this policy shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of the student’s IEP and/or behavioral intervention plan. Suspensions Students with disabilities may be suspended for up to 10 school days in any given school year for violations of the student code of conduct. These 10 days need not be consecutive. During any such suspension, the student shall not receive educational services. Upon the eleventh school day of suspension or removal when such suspension or removal does not result in a disciplinary change of placement, educational services shall be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. School personnel, in consultation with at least one of the student’s teachers, shall determine the educational services to be provided to the student during this period of suspension or removal. BACK TO TOP

Manifestation Determination

Prior to expulsion or other, the student’s parents shall be notified of the decision to take such disciplinary action and of their procedural safeguards. This notification shall occur not later than the date on which such decision is made. Within 10 school days from the date of the decision to expel the student or take other disciplinary action that will result in a disciplinary change of placement, the student’s parents and relevant members of the student’s IEP team shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents, to determine whether the student’s behavior was a manifestation of the student’s disability. The team shall determine: (1) whether the student’s behavior was caused by, or had a direct and substantial relationship to, the student’s disability; and (2) whether the student’s behavior was the direct result of the school’s failure to implement the student’s IEP. If the answer to either of these two questions is “yes,” the student’s behavior shall be deemed to be a manifestation of the student’s disability.   BACK TO TOP

Disciplinary Action for Behavior that is Not a Manifestation

Once the team determines that the behavior was not a manifestation of the disability, disciplinary procedures shall be applied to the student in the same manner as applied to non disabled students. During any period of expulsion or other disciplinary change of placement, educational services shall be provided as determined by the student’s IEP team to enable the student to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals of his or her IEP. Within a reasonable amount of time after determining that the student’s behavior is not a manifestation of the student’s disability, the student may receive, as appropriate, a functional behavioral assessment (“FBA”). In addition, a behavioral intervention plan (“BIP”) may be developed for the student, as appropriate. If a BIP has already been developed, the BIP may be reviewed and modified, as appropriate. BACK TO TOP

Disciplinary Action and/or Alternative Placement for Behavior that is a Manifestation

If the team determines that the student’s behavior is a manifestation of the student’s disability, expulsion proceedings or other disciplinary change of placement will be discontinued. However, the student may be placed in an alternative placement or the student’s placement may be otherwise changed, in accordance with governing law. Within a reasonable amount of time after determining that the student’s behavior is a manifestation of the student’s disability, the student’s IEP team shall: (1) conduct an FBA of the student, unless an FBA has already been conducted; and (2) implement a BIP for the student. If a BIP has already been developed, the IEP team shall review it and modify it as necessary to address the student’s behavior. Placement in an alternative setting for 45 school days School personnel may remove a student with disabilities to an appropriate alternative setting for not more than 45 school days if: the student carried a weapon to school or a school function; the student possessed a weapon at school or a school function; the student possessed or used illegal drugs at school or a school function; the student sold or solicited the sale of a controlled substance at school or a school function; the student inflicted serious bodily injury on another person while at school or a school function; or a hearing officer so orders. Such removal to an alternative setting is permissible even if the student’s behavior is determined to be a manifestation of the student’s disability. The student’s IEP team shall determine the educational services to be provided to the student in the alternative setting. BACK TO TOP

Discipline of Students not Identified as Disabled

Students who have not been identified as disabled shall be subjected to the same disciplinary measures applied to students without disabilities if the district had “knowledge” of the student’s disability. The district is deemed to have knowledge of the student’s disability if: the student’s parent has expressed concern in writing to appropriate district supervisory or administrative personnel, or the student’s teacher, that the student is in need of special education and related services; the student’s parent has requested an evaluation; or the student’s teacher or other district personnel have expressed specific concerns about the student’s pattern of behavior directly to the director of special education or other district supervisory personnel. If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited. The district shall not be deemed to have knowledge that the student is a child with a disability if the parent has not allowed an evaluation of the student, the student has been evaluated and it was determined that he or she is not a child with a disability, or the student was determined eligible for special education and related services, but the parent refused services. BACK TO TOP

Expedited Hearing

An expedited hearing is available when: the parent/guardian disagrees with the IEP team's determination regarding manifestation or with any decision regarding placement. the parent/guarding disagrees with the proposed new placement following an interim/alternative placement. the district believes it is dangerous for the student to be returned to the previous placement. During any challenge to placement, the student twill stay in the alternative placement. Adopted: October 25, 2005 LEGAL REFS.: 20 U.S.C. §1401 et seq. (Individuals with Disabilities Education Improvement Act of 2004) C.R.S. 22-20-101 et seq. (Exceptional Children’s Educational Act) C.R.S. 22-33-106 (1)(c) CROSS REFS.: IHBA, Special Education Programs for Students with Disabilities JIC, Student Conduct, and subcodes JK, Student Discipline, and subcodes JRA/JRC, Student Records/Release of Information on Students BACK TO TOP

Communication of Disciplinary Information to Teachers/Counselors

The principal or designee shall communicate discipline information concerning any student enrolled in the district to all teachers and counselors who have direct contact with that student. Any employee who is assigned a student with known serious behavior problems will be informed of the student’s behavior record. Any teacher or counselor who is provided this information shall maintain its confidentiality and shall not communicate it to any other person. Adopted: October, 2004 LEGAL REFS.: C.R.S. 19-3-304 (3.5), (4) C.R.S. 22-32-109 (1)(x) C.R.S. 22-32-110(4)(b)(II) C.R.S. 22-32-126 C.R.S. 22-33-106(1)(d) CROSS REFS.: ECAC, Vandalism JK, Student Discipline JKD/JKE, Suspension/Expulsion of Students BACK TO TOP