Student Discipline
STUDENT BEHAVIOR
Board of Education Discipline Policy (3-2.2)
The Board of Education considers the safety of district students, personnel, and visitors of primary importance. Behavior and attitudes are attributing factors lending to the overall safety within the school. The Board has outlined minimum standards of behavior in a Code of Conduct; this code should be the foundation from which all disciplinary actions are based. To be effective it is imperative that the Code of Conduct be consistently administered on all levels.
The Board of Education may authorize the emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment of any student from school for conduct prohibited by the Code of Conduct, the board's rules, or standards as established by LB 503 (1976) as amended by LB 1250 (1994) if such action complies with the procedures required by this act.
Further, the Gun Free Schools Act and LB 658 requires the expulsion from school for a period of not less than one year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm on school grounds, in a school owned vehicle being used for a school purpose, or at a school sponsored activity or athletic event.
Administrative regulations shall be set forth regarding this policy and the Code of Conduct. Each building shall develop action plans to implement and enforce these administrative regulations in a fair and consistent manner. The Superintendent shall report student expulsions or staff removals for cause to the Board President, at his earliest convenience after the discipline has been taken. At the Presidents and/or Superintendent's discretion other board members will be notified.
Code of Conduct...I WILL - Be Safe / Be Respectful / Be Responsible
Treating others with dignity and respect is the responsibility of students, faculty, staff, administrators, board members, parents, and guests involved in or visiting the Nebraska City Public Schools.
Definition of Discipline
An ongoing process designed to teach, model, and use appropriate strategies to promote the behaviors necessary to ensure a safe and productive learning environment by changing unacceptable behavior to acceptable behavior.
Belief Statements
1. Teaching and learning of the intended curriculum for all students is the highest priority. Therefore, the misbehavior of one student - a) will not be allowed to interfere with the learning opportunities of another student, b) will not be allowed to interfere with the teacher's responsibility to teach all students, and c) will not excuse the misbehaving student from also successfully completing the learning objectives.
2. Changing behavior takes time.
3. Discipline is a part of the daily routine--not a disruption.
4. Self-discipline is the expected outcome.
5. Every discipline situation is an opportunity to teach expected behavior.
6. Teaching and modeling appropriate behavior, along with implementing consequences for inappropriate behavior, is the best way to help change unacceptable behaviors to acceptable behaviors.
7. Expected behaviors must be communicated, taught, and modeled on a daily basis throughout the school year.
8. Punishment by itself cannot change behaviors.
9. In handling of unacceptable behaviors, the focus will be on judging the behavior of a student, not on judging the student.
10. Staff members will not respond to misbehavior as if it were a personal attack on them.
11. Staff will show respect to students and parents at all times, regardless of the students' and parents' behavior.
12. Parents have a responsibility to ensure their children's behaviors do not take away from a safe and productive learning environment for others.
13. Staff will handle all discipline situations in a professional manner.
DISCIPLINE EXPECTATIONS
1. Students and staff will demonstrate self-respect, respect for others, and respect for all things in their environment.
2. A safe and productive learning environment will be maintained for all individuals at school and at school-related activities.
3. Conflicts will be handled without the use of violence or threats of violence and with respect for the rights of all.
4. Staff and students will be expected to be on task at all times while in the classroom or at other learning activities.
5. Staff will provide learning opportunities for misbehaving students with support from parents and guardians.
6. Staff, students, and parents will assist misbehaving students to change their unacceptable behavior to acceptable behavior.
Students Rights and Responsibilities
The Board of Education and it's delegated representatives will adhere to the provision of LB 503, 1976 and State Law LB 1250, 1994. The statute provides for 5 types of exclusions:
(1) Short Term: Up to (and including) 5 days
(2) Emergency: Immediate exclusion if the student has a dangerous disease, or her/his conduct presents a threat to the physical safety of the school community, or is very disruptive.
(3) Long Term: More than 5 days, less than 20 days.
(4) Expulsion: Remainder of semester.
(5) Mandatory Reassignment: Involuntary transfer to another school within the system in connection with any disciplinary action.
Short term exclusions may be assessed by the Superintendent or Principal on the basis of evidence that strongly indicates that the pupil committed the following offenses against the school discipline or moral codes of personal conduct while attending school or participating in or attending an activity sponsored by the school: Use of tobacco, gambling, unsportsmanlike conduct, fighting, lewdness, gross dis-respect and damage to property.
Emergency Exclusions may not last longer than necessary to avoid the threats of the emergency. If longer than 5 days, there must be substantial compliance with the procedures for long term exclusion.
Long term, Expulsion, and Mandatory Reassignment may be assessed for the following grounds: (1) Use of violence, force, coercion, threat, substantial interference with school purposes. (2) Damage to property (private or school) of substantial value. (3) Physical injury to any student or school employee. (4) Threat to obtain money or anything of value. (5) Knowingly possessing or handling a weapon. (6) Possession of a controlled substance or alcoholic liquor or imitation controlled substance or substance represented to be a controlled substance. (7) Being under the influence of a controlled substance or alcoholic liquor. (8) Engaging in any activity forbidden by law which interferes with school purposes. (9) Repeated violation of rules and regulations. (10) Public indecency on school grounds. (11) Sexual assault of any person. An expulsion may continue through the following semester if such action takes effect within ten days prior to the end of the semester. If a student is expelled within ten days prior to the end of the second semester, then the district's Board of Education must review the expulsion prior to the beginning of the following school year. The review of the expulsion action is limited to newly discovered evidence or evidence of changes in the student's circumstances. The review may lead to the recommendation for reinstatement of the student for the upcoming school year.
Written notice, hearing, and grievance procedures of State Statute will be adhered to.
DUE PROCESS
In the event of a violation of the rules and regulations which govern all students, any action taken by the board will be taken in such a manner as to guarantee due process to the student or students who have allegedly committed a violation. The procedure to be followed in order to guarantee due process is summarized below.
Investigation:
In the event of an alleged infraction, the principal shall investigate the alleged infraction.
Pre-Decision Hearing:
If the investigation discloses the probability of an infraction, an informal hearing will be held by the administration. Written or oral notice will be given the student. The notice will contain a brief description of all alleged infraction and the charges to which the student must answer. The student will be given an opportunity to call a witnesses on his/her behalf and are allowed counsel if they so desire.
Facts:
The administration will compile a statement of findings of facts from the informal hearings.
Decision:
The administration shall make a decision on the case and inform the student(s) and parents. The decision will be accompanied with a written statement detailing the decision.
Right to Appeal:
If the student(s) and parents are not satisfied with the finding of the informal hearing held by the principal, a second hearing may be requested before an impartial hearing officer. After decision notification (first hearing) written requests for appeal must be forwarded to the Superintendent. The Principal will provide the Superintendent with all facts and information gathered and used for the informal hearing. The student will be provided with the opportunity to testify, question, and present other evidence on his/her behalf at the second hearing. A counsel may also be present. A final appeal may be made to the Board of Education by contacting the Superintendent of Schools
Appeal to the Courts:
If the parents and the student(s) wish to pursue the matter further the next step would involve the filing of a petition in the district court of the county where the action is taken.
Levels of Unacceptable Behavior
LEVEL ONE:
Productive Personal Environment -- Behaviors that occur in the classroom and affect only the learning of the misbehaving student.
Minimum consequence: Teacher making eye contact with student
Maximum consequence: Detention
LEVEL TWO:
Productive Classroom Environment -- Behaviors that occur in the classroom and interfere with the learning of others.
Minimum consequence: Teacher making eye contact with student
Maximum consequence: In-School Suspension
LEVEL THREE:
Orderly Environment -- Behaviors that occur that are not intended to cause physical harm to another individual, are not illegal, but do negatively affect an orderly environment.
Minimum consequences: Teacher making eye contact with student
Maximum consequences: Short-Term suspension
LEVEL FOUR:
Safe Environment -- Behaviors that are intended to cause another individual physical harm and/or are illegal.
Minimum consequences: One day out-of-school suspension.
Maximum consequences: One year out of school
Examples of Unacceptable Behaviors
LEVEL ONE:
Incomplete work, Sleeping, Inattentiveness, Loitering, Wearing hats in building
LEVEL TWO:
Leaving the room without permission, Inappropriate movements, Disruption of environment (noises, faces, improper attire etc.), talking without permission, failure to abide by classroom rules
LEVEL THREE:
Petty Theft, Derogatory Remarks, Improper Language, Racial remarks, Disrespect, Defiance, Insubordination, Destruction of Property, Non-compliance, Intimidation, Public Displays of Affection, going to parking lot or leaving the campus without permission, any other words or actions that would negatively affect an orderly environment.
LEVEL FOUR:
Weapons, Arson, Bomb Threats, Sexual Harassment/Assault, Felony Theft, Gross Insubordination, *Drugs or look alikes, Drug Paraphernalia or look alikes, *Tobacco, *Alcohol, Physical Assault (fighting), Bodily harm or Threatening Bodily Harm, Lewdness, engaging in any other activity forbidden by the laws of Nebraska which constitutes a danger to others or substantially interferes with school purposes.
* students may choose to take a diversionary course at Blue Valley Mental Health Center to reduce the number of days of suspension.
Nebraska City Public Schools
and
Educational Service Unit #4, Auburn, Nebraska
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