5144 – Student – Student Welfare – Discipline

Policy –
Regulation – x
Exhibit –

Adopted – 11/6/1997
Revised – 10/01/2015
Site-Level Rules

Rules for student discipline shall be developed at each school site. In developing these rules,  the principal or designee shall solicit the participation, views and advice of one representative selected by each of the following groups:  (Education Code 35291.5)

1. Parents/guardians
2. Teachers
3. School administrators
4. School security personnel, if any
5. Students in middle and high school

The rules shall be consistent with law, Governing Board policy and District regulations. Each school shall file a copy of the rules with the Superintendent or designee and the Board and shall include the discipline rules in the comprehensive school safety plan.  (Education Code 32282, 35291.5)

Site-level discipline rules shall be revised as necessary to align with any changes in District discipline policies, regulations, or goals for school safety and climate as specified in the District’s local control and accountability plan (LCAP), and shall undergo the site-level review and adoption process at least every four years.  (Education Code 35291.5)

To the extent possible, staff shall use disciplinary strategies that keep students in school and participating in the instructional program.  Disciplinary strategies may include, but are not limited to:

1. Discussion or conference between school staff and the student and his/her parents/guardians;

2. Referral of the student to the school counselor or other school support service personnel for case management and counseling;

3. Convening of a study team, guidance team, resource panel, or other intervention-related team to assess the behavior and develop and implement an individual plan to address the behavior in partnership with the student and his/her parents/guardians;

4. When applicable, referral for a comprehensive psycho-social or psycho-educational assessment, including for the purposes of creating an individualized education program (IEP)  or a Section 504 Plan;

5. Enrollment in a program for teaching pro-social behavior or anger management;

6. Participation in a restorative justice program;

7. A positive behavior support approach with tiered interventions that occur during the school day on campus;

8. Participation in a social and emotional learning program that teaches students the ability to understand and manage emotions, develop caring and concern for others, make responsible decisions, establish positive relationships, and handle challenging situations capably;

9. Participation in a program that is sensitive to the traumas experienced by students, focuses on students’ behavioral health needs, and addresses those needs in a proactive manner;

10. After-school programs that address specific behavioral issues or expose students to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups;

11. Recess restriction (Elementary);

12. Detention after school hours;

13. Community service;

14. In accordance with Board policy, administrative regulation, and/or applicable District guidelines and rules, restriction or disqualification from participation in extracurricular activities;

15. Reassignment to an alternative educational environment;

16. Suspension and expulsion in accordance with law, Board policy, and administrative regulation.

(Education Code 48900.5)

When, by law or District policy, other means of correction are required to be implemented before a student can be suspended or expelled, any other means of correction implemented shall be documented and retained in the student’s records.  (Education Code 48900.5)
Recess Restriction

A teacher may restrict a student’s recess time only when he/she believes that this action is the most effective way to bring about improved behavior. (Education Code 44807.5)

When recess restriction may involve the withholding of physical activity from a student, the teacher shall try other disciplinary measures before imposing the restriction. Recess restriction shall be subject to the following conditions:

1. The student shall be given adequate time to use the restroom and get a drink or eat lunch, as appropriate.
2. The student shall remain under a certificated employee’s supervision during the period of restriction.
3. Teachers shall inform the principal of any recess restrictions they impose.
Detention After School

Students may be detained for disciplinary reasons up to one hour after the close of the maximum school day. (5 CCR 353)

If a student will miss his/her school bus on account of being detained after school, or if the student is not transported by school bus, the principal or designee shall notify parents/guardians of the detention at least one day in advance so that alternative transportation arrangements may be made.  The student shall not be detained unless the principal or designee speaks to the parent/guardian.

In cases where the school bus departs more than one hour after the end of the school day, students may be detained until the bus departs.  (5 CCR 307, 353)

Students shall remain under the supervision of a certificated employee during the period of detention.

If the District offers Saturday school, students may be offered the choice of serving their detention on Saturday rather than after school.

Community Service

As part of or instead of disciplinary action, the Superintendent, principal or principal’s designee may, at his/her discretion, require a student to perform community service on school grounds, or with written permission of the student’s parent/guardian off school grounds, during non-school hours.  Such service may include, but is not limited to, community or school outdoor beautification, campus betterment, and teacher, peer or youth assistance programs.  (Education Code 48900.6)

This community service option is not available for a student who has been suspended, pending expulsion, pursuant to Education Code 48915.  However, if the recommended expulsion is not implemented or the expulsion itself is suspended, then a student may be required to perform community service for the resulting suspension pursuant to this section.  (Education Code 48900.6)

Notice to Parents/Guardians and Students

At the beginning of the school year, the Superintendent or designee shall notify parents/guardians, in writing, about the availability of District rules related to discipline.  (Education Code 35291, 48980)

The Superintendent or designee shall also provide written notice of the rules related to discipline to transfer students and their parents/guardians at the time of their enrollment in the District.  (Education Code 35291.5)

CIVIL CODE
1714.1 Parental liability for child’s misconduct
EDUCATION CODE
35146  Closed sessions
35291  Rules
35291.5  School-adopted discipline rules
35291.7  School-adopted discipline rules:  additional employees
35294-35294.9 School safety plans
37223  Weekend classes
44807.5  Restriction from recess
48630-48644.5  Opportunity schools
48900-48925  Suspension and expulsion
48980-48985  Notification of parents or guardians
49000-49001  Prohibition of corporal punishment
49330-49334  Injurious objects
CODE OF REGULATIONS, TITLE 5
307  Participation in school activities until departure of bus
353  Detention after school
Management Resources:
CSBA PUBLICATIONS
Protecting Our Schools: Governing Board Strategies to Combat School Violence, 1995
revised 1999
CDE PROGRAM ADVISORIES
1010.89  Physical Exercise as Corporal Punishment, CIL 89/9-3
1223.88  Corporal Punishment, CIL: 88/9-5
WEB SITES
CDE:  http://www.cde.ca.gov
USDE:  http://www.ed.gov

 

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