5131- Students- Conduct

Policy – x
Regulation –
Exhibit –

Adopted – 11/06/1997
Revised –  5/25/2017

The Governing Board believes that all students have the right to be educated in a positive learning environment free from disruptions. Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program while on school grounds, while going to or coming from school, while at school activities, and while on district transportation.

The Superintendent or designee shall ensure that each school site develops standards of conduct and discipline consistent with district policies and administrative regulations. Students and parents and/or guardians shall be notified of district and school rules related to conduct.

Prohibited student conduct includes, but is not limited to:

1. Conduct that endangers students, staff, or others

2. Conduct that disrupts the orderly classroom or school environment

3. Verbal, written or physical conduct involving sexual harassment, hate violence, and/or harassment, threats, or intimidation by a student or group of students, including, but not limited to, cyberbullying, which is committed on or off campus through an electronic device, in accordance with Board Policy #5131.3 entitled “Bullying/Cyberbullying”

4. Damage to or theft of property belonging to students, staff or the District

5. Possession or use of a laser pointer, unless used for a valid instructional or other school-related purpose, including employment (Penal Code 417.27)

Prior to bringing a laser pointer on school premises, students shall first obtain permission from the principal or designee. The principal or designee shall determine whether the requested use of the laser pointer is for a valid instructional or other school-related purpose.

6. Use of profane, vulgar or abusive language

7. Plagiarism or dishonesty in school work or on tests

8. Inappropriate attire

9. Tardiness or unexcused absence from school

10 Failure to remain on school premises in accordance with school rules

11. Possession, use or being under the influence of tobacco, alcohol or other prohibitive drugs

12. Use of a cellular/digital telephone, pager, or other mobile communications device during instructional time, unless directed by teacher, administrator or other authorized District employee (see “Possession/Use of Cellular Phones and Other Electronic Communication Devices” below)

Employees are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or receive a report of a violation of these standards, to immediately intervene or call for assistance. If an employee believes a matter has not been resolved, he/she shall refer the matter to his/her supervisor or administrator for further investigation.

Students who violate district or school rules and regulations may be subject to discipline including but not limited to suspension, expulsion, transfer to an alternative program or denial of the privilege of participation in extracurricular or co-curricular activities in accordance with Board policy, and administrative regulation. The Superintendent or designee shall notify local law enforcement as appropriate.

Students may also be subject to discipline in accordance with law, Board policy and administrative regulations for any off-campus conduct during nonschool hours which poses a threat or danger to the safety of students, staff, or district property or disrupts the orderly delivery of the educational program.

Possession/Use of Cellular Phones and Other Electronic Communication Devices

The Governing Board may regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (Education Code 48901.5)

Electronic communication devices including, but not limited to, cellular phones for voice usage, digital imaging, text messaging, or other mobile communications devices such as wearable computing devices, portable electronic devices, tablets, digital media players, personal digital assistants (PDA’s), pagers, portable game consoles, cameras, and laptop computers shall be turned off during the official instructional day, and at any other time directed by a district employee, except when being used for a valid instructional or other school-related purpose as determined by the teacher or other district employee. Any such devices may be used before and after the official instructional day.

It is the student’s responsibility to ensure that their devices are turned off and secured at all times.

When a student uses any prohibited device, or uses a permitted device in an improper or illegal activity, a district employee may confiscate the device, which will be stored and returned to the student in accordance with the school’s handbook. The district shall not be responsible for student devices, including any damage or loss of any device confiscated pursuant to this section.

No pupil shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the pupil and use of which is limited to purposes related to the health of the pupil. If a student wishes to use an electronic communication device at an unauthorized time for medical purposes, his/her parent/guardian must submit a written request for permission to the school principal or designee to determine the validity of the request (Education Code 48901.5).

Bullying/Cyberbullying

The Board desires to prevent bullying/cyberbullying by establishing a positive, collaborative school climate and clear rules for student conduct.

The district may provide students with instruction, in the classroom or other school settings, that promotes communication, social skills, and assertiveness skills and educates students about appropriate online behavior and strategies to prevent and respond to bullying and cyberbullying.

School staff shall receive related professional development, including information about early warning signs of harassing/intimidating behaviors and effective prevention and intervention strategies. Parents/guardians, students, and community members also may be provided with similar information.

Students must immediately report conduct they consider to be bullying or cyberbullying to a school employee or through the district’s anonymous, confidential reporting system. Reports of bullying/cyberbullying shall be investigated and resolved in accordance with Board Policy 5131.3 entitled “Bullying/Cyberbullying.” A student may also file a formal complaint with the Superintendent or designee under the district’s uniform complaint procedures (BP 1312.3).

When a student is suspected of or reported to be engaged in bullying or cyberbullying the principal, Superintendent, and/or designee will determine the extent to which the matter will be investigated in accordance with BP 5131.3.

Any student who engages in cyberbullying on school premises, or off-campus in a manner that causes or is likely to cause a substantial disruption of a school activity or school attendance, shall be subject to discipline in accordance with district policies and regulations. If the student is using a social networking site or service that has terms of use that prohibit posting harmful material, the Superintendent or designee may also file a complaint with the Internet site or service to have the material removed.

 

Legal Reference:

EDUCATION CODE
200-262.4 Prohibition of discrimination
32261 Bullying
35181 Governing board policy on responsibilities of students
35291-35291.5 Rules
44807 Duty concerning conduct of students
48900-48925 Suspension or expulsion, especially:
48908 Duties of students
51512 Prohibition against electronic listening or recording device in classroom without permission

CIVIL CODE
1714.1 Liability of parents and guardians for willful misconduct of minor

PENAL CODE
288.2 Harmful matter with intent to seduce
313 Harmful matter
417.25-417.27 Laser scope
528.5 Electronic impersonations
647 Use of camera or other instrument to invade person’s privacy; misdemeanor
647.7 Use of camera or other instrument to invade person’s privacy; punishment
653.2 Electronic communication devices, threats to safety

VEHICLE CODE
Prohibition against use of electronic devices while driving

CODE OF REGULATIONS, TITLE 5
300-307 Duties of pupils

UNITED STATES CODE, TITLE 42
2000h-2000h6 Title IX, 1972 Education Act Amendments

UNITED STATES CODE, TITLE 47
254 Universal service discounts (e-rate)

COURT DECISIONS
J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094
LaVine v. Blaine School District, (2000, 9th Cir.) 257 F.3d 981
Emmett v. Kent School District No. 415, (2000) 92 F.Supp. 1088
Bethel School District No. 403 v. Fraser, (1986) 478 U.S. 675
Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503
New Jersey v. T.L.O., (1985) 469 U.S. 325

Management Resources:

CSBA PUBLICATIONS
Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Bullying at School, 2003
NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Digital Discipline: Off-Campus Student Conduct, the First Amendment and Web Sites, School Law in Review, 2001
NATIONAL SCHOOL SAFETY CENTER PUBLICATIONS
Bullying in School: Fighting the Bullying Battle, 2006
WEB SITES
CSBA: http://www.csba.org
California Cybersafety for Children: http://www.cybersafety.ca.gov
California Department of Education, Safe Schools Office: http://www.cde.ca.gov/ls/ss
Center for Safe and Responsible Internet Use: http://cyberbully.org
National School Boards Association: http://www.nsba.org
National School Safety Center: http://www.schoolsafety.us
U.S. Department of Education: http://www.ed.gov

 

 

 

 

This entry was posted in Policy. Bookmark the permalink.