Friday, November 14, 2008

CLARIFYING ZERO TOLERANCE

The District shared the information below with principals to "help guide in the implementation and understanding of our zero tolerance policy." -- Sheila

· Any weapon or firearm case will be referred for expulsion from the District (this includes guns, BB guns, pellet guns, firearms and simulated firearms)
· Student Assault on Staff/Adult will be referred for expulsion from the District
· Multiple offender assault on another student(s) will be referred for expulsion (must be charged with aggravated assault by the Police/D.A.) Purpose is to target the identified leaders and remove to mitigate further incidents.
· Knives, cutting instruments, and box cutters/similar types will be referred for expulsion given circumstances.
· Drugs – amounts that are for distribution and if less than “5” (sic) string together the totality of the circumstances and the repeat possession/personal use for referral Level 2 and expulsion.
· We MAY suspend for 10 days. The consent decree gives us the ability to do so, but it is not to be used in every case. While the letter sets out the violations when Principals may suspend for 10 days, those areas are so broad that there needs to be further clarification. Students who commit egregious acts of violence should be suspended for 10 days. However, there are many cases of alleged assaults, that may not rise to that level and require ONLY five-day suspensions. In addition, all weapons violations do not rise to the level of needing a 10-day suspension. A kid, who brings a box cutter to school from work or in error, may need only to be suspended for five (5) days. Please follow the Discipline Procedure Manual Process.
· While a child is suspended, it is CRUCIAL that work is being sent home with them.
· Principals must hold parent conferences for students being suspended. At the parent conference, if they have determined that the violation is serious enough to warrant a 10-day suspension and an EH-21, then they need to tell the parent that they may recommend expulsion. The only people who make the decision on whether to proceed with a hearing are the Superintendent or her designee. It is premature and inaccurate for the Principals to be telling kids they are expelled. The final decision to expel can only be made by the SRC after a full hearing.
· The Principal must submit the documentation for a transfer or expulsion to the Alternative Education Region within 48 hours.
· Interim placements are to be used only when the student staying in the school creates a safety issue for the school. The default position is that pending a hearing for expulsion or a disciplinary hearing, the student remains in their regular school. It may be the case that in many cases where 10-day suspensions are recommended and expulsion or a transfer are recommended; the student does need the interim placement.
· It is crucial that the Behavior/Performance Review be completed thoroughly and accurately before discipline action is taken so that we are in compliance with “child find” provisions of the IDEA.

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