Tolleson Union

High School District #214

Student Procedures Handbook

Attendance

Discipline

Due Process

Violation Index

Use of Technology Policy

Bus Conduct

Student Records

August, 2007

Prepared by

Dennis R. Dowling, M.Ed.

Student Achievement & Strategic Planning

Tolleson Union High School Westview High School

La Joya Community High School Copper Canyon High School

James Green Continuing Education Academy

Attendance Policy................................................................................................. 1

Student Conduct/Discipline Procedures and Penalties............................................. 4

Purpose of Regulation...................................................................................... 4

Application of Regulation................................................................................. 4

Definitions of Terms Related to Discipline Procedures............................................ 5

Due Process Rights of Students............................................................................. 8

Provisions........................................................................................................ 8

Suspension and Expulsion of Students with Disabilities.................................... 10

Violations Index.................................................................................................. 13

Use of Technology Resources in Instruction........................................................ 21

Bus Student Conduct Rules................................................................................. 26

Student Records/Directory Information................................................................ 29

and Bus Conduct Procedures.......................................................................... 31

Page (Student/Parent)..................................................................................... 32

Directory Information Non-Release Form........................................................ 33

Philosophy

Daily attendance and punctuality are of the utmost importance in order to assure student success in school. Students are expected to take responsibility for attending all of their classes on time.

Goals

Ø Develop policies which adequately notify parents/guardians of their students’ absences and tardiness.

Ø Develop policies which hold students accountable for their actions, and which provides opportunities for positive change.

Definition of Terms

Absence – when a student is not present in a class

School Related Absence – student misses class due to pre-approved school activity

Unverified Absence – no information given to the school from parent/guardian about absence

Policy

Ø Students missing 10% of a class (6 absences at WHS or 9 absences at TUHS, LJCHS and CCHS) in a given semester are subject to Credit Review status in that class.

Ø A student placed on Credit Review status is expected to attend all of his/her classes. Parents will be notified when a student is placed on Credit Review status. Teachers will provide this student with an opportunity to pass if he/she complies with the following conditions:

§ The student, teacher, and attendance official agreeing to these conditions by signing a written contract

Ø All unverified absences will result in an electronic (phone) contact to the home.

Ø Parents/guardians will be notified at the 3^rd and 5^th absences at WHS (due to block schedule) and the 4^th, 6^th and 8^th absences at TUHS, LJCHS & CCHS.

Responsibilities

Student

Ø Request makeup work that was assigned/completed during absence. (Check the local school handbook for makeup work procedures/guidelines.)

Ø Provide the school with accurate, up-to-date information concerning addresses and phone numbers. Illnesses and accidents can happen suddenly and it is for the well being of the student that this information must be supplied.

prior to the end of each day’s absence or provide a note signed by the parent/guardian to the attendance office when the student returns to school.

§ Student name

Ø Consistently informs all students of attendance policy and adheres to the attendance policy.

Ø Phone calls will be made and/or postcards will be mailed following the student’s 3^rd, 4^th, and 5^th (WHS-due to block schedule) and 4^th, 6^th and 8^th (TUHS, LJCHS & CCHS) absence.

Ø After the 6^th (WHS-due to block schedule) and 9^th (TUHS, LJCHS & CCHS) absence, the student may be subject to the Credit Review Process.

Ø Informs parents/guardians and students of attendance policy, conducts appeal hearings, and enforces attendance policy.

Credit Review Process

Ø Each school in the District has a three member Credit Review committee consisting of a teacher, counselor and school administrator.

Ø The Credit Review committee will meet and determine the disposition of students on Credit Review status. The Committee may decide to place the student on attendance probation (contract) which may include, but not be limited to the following:

Tardy Policy

Truancy Laws

Truancy is against the law in Arizona. The law is designed to enhance the opportunity for students to receive the maximum benefit of an education. (A.R.S. §15-802).

Ø The parent/guardian of a person between the ages of 6-16 must enroll the child in school.

Ø If the parent chooses a private or home school setting an affidavit must be submitted to the county school superintendent within 30 days.

Ø “Ditching” one or multiple classes is considered being truant. Failure to attend school regularly could mean fines, community service, counseling and/or revoking driving privileges.

The purpose of this Regulation is to: (1) define conduct that may result in discipline of a student and (2) set forth due process procedures for various types of discipline.

A student who engages in conduct prohibited by this Regulation may be disciplined. Discipline may include, but is not limited to, any one or any combination of the following: oral reprimand; parent conference; detention; temporary exclusion from the classroom; loss of privileges; withdrawal from class; in-school or off campus suspension or expulsion; referral to appropriate law enforcement agency.

This Regulation is intended to regulate conduct of a student when the student is: (1) attending school; (2) on school grounds or at a school sponsored event; (3) traveling to or from school or a school sponsored event; or (4) engaged in misconduct that is in any other manner school related or affects the operation of the school. A.R.S. §15-341 (13), (14).

The first, second, and third violation statement are guidelines only and do not limit the judgment of the administrator who must assess the situation and the student behavior history. Any level of discipline deemed appropriate under the circumstances can be imposed, even on a first violation.

It is anticipated that any two or more violations of the same rule or any combination of the rules will result in more severe penalties than the guidelines for a single offense.

In-school suspension programs should be utilized in lieu of off campus suspension as the preferred means of discipline for students unless otherwise deemed appropriate by the principal/designee. Violations which create clear and present damage to persons shall not be a consideration for in-school suspension programs.

Long-term suspensions and other penalties that affect the completion of a semester may result in the loss of credit for the courses affected.

Case law has defined a clear and present danger as a threat to the health, safety, or welfare of the public.

“Clear” has been interpreted to mean that the threat of danger is real or actual, not speculative or imagined.

“Present” means that which exists as opposed to what does not yet exist or has ceased to exist.

“Detention” is defined as any one or more of the following activities to which a student may be assigned for a specified number of days as a penalty for misconduct.

Ø In-classroom detention: A student may be required to report to a teacher’s class before school, after school, or during lunchtime.

Ø Before school/after school detention: A student may be required to report to a specific school location.

Ø Work detail: A student may be required to perform tasks assigned by a school official. These tasks may be assigned to be completed before school, after school, during lunchtime or on Saturdays.

Due process consists of a set of constitutionally required procedures designed to ensure that every student is treated fairly in determining whether or not the student’ conduct justifies discipline.

“Expulsion” is defined as the exclusion of a student from school permanently. The authority to expel a student rests exclusively with the Governing Board.

Newly discovered evidence consists of evidence of a new and material fact or new evidence in relation to a fact in issue, discovered by a party to a cause after the rendition of a verdict or judgment. It can also be testimony discovered after the hearing that was not discoverable before the hearing by exercise of due diligence. It may also refer to evidence of facts existing at the time of hearing of which the aggrieved party was excusably ignorant.

For the purpose of discipline procedures, the “school year” is defined as any two consecutive semesters: fall-spring, or spring-fall.

All individuals associated with this District including, but not necessarily limited to, the Governing Board, the administration, and all other employees, students, and members of the public while on campus, are expected to conduct themselves at all times in a manner that provides an atmosphere free from sexual harassment. Any person who engages in sexual harassment while acting as a member of the school community or while on school property will be in violation of this policy.

Sexual harassment consists of unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when made by a member of the school staff to a student or to another staff member or when made by a student to another student or staff member. Sexual harassment may include, but is not limited to:

Ø Implying, withholding, offering or granting favor of educational or employment benefits such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, etc., in exchange for sexual favors.

Ø Continuing to express sexual interest after being informed that the interest is unwelcome.

Any student who is subject to sexual harassment, or who knows of the occurrence of such conduct, should immediately inform the principal or other site administrator.

A substantiated charge against a student in the District shall subject that student to disciplinary action, which may include suspension or expulsion.

Ø Long-term: The exclusion of a student from class for a period of eleven school days or more.

Ø Short-term: The exclusion of a student from class for a period of ten school days or less.

Ø Students with a disability may be entitled to a review of placement prior to a long-term suspension or expulsion.

“Threatening an Educational Institution” means to interfere with or disrupt an educational institution by engaging in any one or more of the following, including but not limited to:

Ø Threatening to cause physical injury to any employee of an educational institution or any person attending an educational institution.

Ø Threatening to cause damage to any educational institution, the property of any educational institution, the property of any employee of an educational institution or the property of any person attending an educational institution.

Ø Going upon or remaining on the property of any educational institution for the purpose of interfering with or disrupting the lawful use of the property or any manner as to deny or interfere with the lawful use of the property by others.

Ø Refusing to obey a lawful order to leave the property of an educational institution.

The general category of “Threatening an Educational Institution” may include, but is not limited to, the following depending upon the circumstance of each case:

The District is required by law to expel from school for a least one year a student who is determined to have threatened an educational institution. An expulsion requirement may be modified on a case‑by-case basis if the student takes responsibility for the result of the threat. The District will adhere to all federal and state requirements and procedures for students afforded protection under Section 504 of the Rehabilitation Act and/or the Individual with Disabilities Education Act (IDEA).

Due Process Rights of Students

As directed by the United States Constitution and interpreted by the courts, every student is entitled to due process before he/she may be suspended or expelled from school.

Exclusion from Class

If a student’s conduct in class disrupts the educational process or if the student persists in willful misconduct, a teacher may exclude the student from class for the remainder of the class session that day.

The teacher will explain to the student the reason he/she is being excluded from class and issue the student a pass to the appropriate administrator. Also, a Discipline Referral Form will be completed by the teacher and given to the appropriate administrator explaining the offense committed by the student.

A conference will be held with the student by an administrator to determine what action will be taken.

Short-Term Suspension

During the conference with the student regarding any alleged violation, and prior to the imposition of the suspension, the administrator will advise the student of the allegations and evidence supporting the charges of misconduct. The student will be given an opportunity to explain his/her version of events dealing with the alleged misconduct.

For all short-term suspension hearings which may result in a student being excluded from school for ten school days or less, a record shall be made of the action taken by the administrator.

If, as a result of the informal short-term suspension hearing, the student is suspended, the following procedure will be followed:

3. The student’s teachers, counselor, school registration office and security will be advised.

4. The student may be required to complete class assignments on an in-school suspension basis.

5. If the student is a child with a disability under the Individual with Disabilities Education Act (I.D.E.A.), as amended, see section below on Suspension and Expulsion of Students with Disabilities.

Long-Term Suspension

If it is determined by the administration that the alleged student misconduct is serious enough to recommend a long-term suspension, eleven school days or more, notification of a formal due process hearing will be made to the parent(s) at least five school days prior to the hearing.

The parent(s) will be advised of the time, date, place of the hearing; name of the hearing officer; a description of the alleged misconduct; the board policy or administrative regulation violated and discipline prescribed therein; and will be given a statement that they have the right to present witnesses and cross examine witnesses. Students and/or parent(s) have a right to be represented by legal counsel. Notice must be given to the hearing officer at least 48 hours before the hearing if the student or his/her parent(s) will have an attorney or other representative(s) present.

At the conclusion of the hearing, the hearing officer may render a decision immediately or notify the parent(s) and student within 48 hours. This notification will be made by mail.

During the period of time between the alleged misconduct and the day of the hearing, the student may remain in school unless a short-term suspension has been imposed or it has been determined by the appropriate administrator that he/she is a clear and present danger to self or others.

If the student is a child with a disability under the Individuals with Disabilities Education Act (IDEA), as amended, see section below on Suspension and Expulsion of Students with Disabilities.

Appeal Process

Parent(s) have five school days to appeal a long-term suspension. This appeal should be written to the Tolleson Union High School District Governing Board indicating any violations of due process during the long-term suspension hearing.

The Board will review the evidence and respond to the parents’ appeal during an executive Board meeting.

Expulsion

Expulsion is the exclusion of a student from school permanently due to serious violations of student conduct. The authority to expel a student rests exclusively with the Governing Board.

The Principal of the school will make any recommendation to expel a student to the Governing Board based upon the results of a student due process suspension hearing conducted by the Principal.

The Governing Board may appoint a hearing officer in cases of recommendation for expulsion, or they may conduct the hearing themselves. The final decision regarding expulsions rests with the Governing Board.

There is no administrative appeal from the Governing Board’s decision to impose discipline.

Student due process procedures regarding expulsion hearing notification, right to legal counsel, right to cross examine and present witnesses, etc., are contained in the section on long-term suspension.

Primary Language Other Than English

If the student’s parent(s) inform the Superintendent that the primary language used in the home is other then English, all documents sent to the student or parent(s) will be in both English and, if practical, the primary language used in the home. If the services of an interpreter are needed at the hearing, the parent(s) shall contact the Superintendent or designee at least 24 hours prior to the hearing to request an interpreter.

All students should generally expect to be disciplined pursuant to the same standards of conduct and due process procedures. Students with disabilities, however, as defined by the Individuals with Disabilities Education Act (I.D.E.A.), as amended (20 U.S.C. 1400, et seq.), receive additional legal rights in some instances. A separate process has therefore been developed to determine what discipline to impose on children with disabilities that are consistent with the requirements of the I.D.E.A.

Emergency Suspension and Temporary Exclusion from Class of a Student with a Disability

A student with a disability may be temporarily removed from class and/or may receive an emergency short-term suspension using the same procedures that are used for a student without a disability.

A short-term suspension may be imposed on a student with a disability pursuant to the following procedures:

Discussion with the Student (GOSS Hearing): A school administrator authorized to suspend a student from school shall inform the student of the alleged misconduct and shall describe to the student the evidence known at the time to support the allegations of misconduct. The notice may be given to the student orally or in writing. The administrator shall invite the student to discuss with the administrator his/her version of the situation. The student at that time has an opportunity to rebut or explain the allegations of misconduct.

Discussion with a Special Education Professional: The school administrator must contact the person on campus designated by the District as being responsible for managing or administering special education. The school administrator shall discuss with the designee the student’s alleged misconduct. The designee shall advise the school administrator on the procedures to be followed in effecting a short-term suspension and ensuring that an actual or constructive change of placement does not occur without a review of such placement.

Decision to Impose Suspension: If, as a result of the above discussion, the administrator determines that the student engaged in the misconduct and a short-term suspension is imposed, the student’s parent(s) shall be informed of the suspension. A child with a disability cannot be given intermittent short-term suspensions during one academic year that cumulatively would constitute a change of placement, without first conducting a review of the student’s educational placement.

Decision to Review Placement: The parent, administrator, designee or teacher may request an Individualized Education Placement (hereinafter referred to as “IEP”) review at any time to review the student’s special education program and revise it if necessary. A review of placement must be held each time a suspension of more than 10 days is imposed or each time the number of cumulative suspensions effectively results in a change of placement for the student.

Mandatory Review of Placement: Before a student with a disability receives a long-term suspension or is expelled, a review of the Student’s Educational Placement shall be conducted followed by a long-term suspension hearing or expulsion hearing where appropriate. The purpose of the review of placement is to determine whether the student’s alleged misconduct is, or is not, the manifestation of his/her disability, whether the student’s education placement is appropriate, and to develop or review the student’s behavioral intervention plan. The review of placement shall be conducted by the Individualized Education Program (IEP) Team, as defined by the I.D.E.A. (20 U.S.E. 1400 et seq.), and must include the campus administrator who is responsible for discipline.

The IEP Team Must Ensure That Any Change In The Student’s Educational Placement Comply With The Least Restrictive Environment Provisions Of The I.D.E.A.: The entire appropriate placement options available on campus must be explored prior to the student being referred to an off-campus placement. The continuum of placement options shall include, but not be limited to:

regular education classes with development of a behavioral intervention plan; more restrictive

regular education classes, special education resource support, special education self‑contained classes, in-school suspension where the IEP continues to be implemented by qualified staff; and revising the IEP to add or increase the level of support services. A behavioral intervention plan must be developed and implemented for every student who exhibits significant behavioral problems.

Notice of Review of Placement: Notice of the review of placement shall follow the notification requirement of the I.D.E.A. (20 U.S.E. 1400 et seq.).

Decision That Discipline May Be Imposed: A due process hearing for long-term suspension or expulsion may occur at any time, however, any recommendation for imposing discipline must be held in abeyance until a review of placement has been held and a determination made regarding whether the behavior was a manifestation of the student’s disability. If it is determined that the student’s misconduct is not a manifestation of the student’s disability, the recommended discipline may then be imposed. The IEP team will also determine whether, and to what extent, services must continue during any period of long-term suspension or expulsion in order to comply with the I.D.E.A. (20 U.S.E. 1400 et seq.).

Decision That Discipline May Not Be Imposed: If the IEP Team determines that the misconduct is a manifestation of the student’s disability, the student may not be suspended or expelled for that behavior. The IEP team will conduct or update the student’s functional behavior assessment and develop or review the student’s behavioral intervention plan to determine whether revisions are needed and whether a change in the student’s educational placement is necessary in order to meet his/her special education needs.

Emergency Procedures for Weapons and Drug Violation: When a student with a disability is charged with drug or weapon offenses, any emergency provisions permissible under the I.D.E.A. may be employed.

The student’s parent(s) may appeal the decision made at the review of placement pursuant to the provisions of the I.D.E.A. (20 U.S.E. 1400 et seq.) and the regulations there under.

The procedural safeguards of the IDEA apply to all decisions which affect the identification, evaluation, placement and provisions of a free appropriate public education to students with disabilities, including disciplinary decisions. A copy of the procedural safeguards shall be provided to the parent(s) whenever a review of placement occurs.

Violation	A.R.S.	Page
Alcohol*	§13-3401	14
Arson*	§13-1701	14
Articles That May Disrupt Educational Process		14
Assault/Threatening Behavior*	§13-1203	14
Attendance		14