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Fair treatment of all students is essential. Students must be protected from arbitrary and unreasonable decisions. All decisions affecting students must be based on careful and reasoned investigations of the facts and must be consistent in the application of rules and regulations. All students must be informed of the school rules and procedures by which schools are governed and the process by which discipline will be applied.
School officials occasionally may find it necessary to discipline a student or even remove the student from the formal learning environment for a period of time. Officials have discretionary power in invoking disciplinary actions and procedures in order to maintain a climate conducive to learning and to the protection of individuals and property. The school administration shall consider the age and past pattern of behavior of a student in determining whether to suspend or expel that student. Before an expulsion can occur there must be a hearing before the superintendent or the superintendent’s designee unless waived by the student’s parent or guardian, or if the student is 18 years of age or older, the student.
- Informal Discipline Procedures For Minor Infractions
Discipline for a minor infraction may be handled without going through all the steps of the formal process outlined below.
- Formal Discipline Procedures
- In-School Suspension:
An in-school suspension is a temporary exclusion from regular classroom attendance not to exceed two days. The student is assigned to a supervised work area and, if permitted by the school administrator, may perform his/her regular class work.
- Out-of-School Suspension:
An out-of-school suspension is a temporary exclusion from school attendance for a period not to exceed ten school days. In those cases in which the school official states that the suspension will continue until a parent conference occurs, the suspension notice will state that it will not exceed ten school days.
A school administrator may require a student to attend school during nonschool hours as an alternative to suspension.
See Appendix 1: Due Process Procedures for Out-of-School Suspension
- Expulsion from School:
An expulsion is a long-term exclusion from school attendance and requires a hearing before the superintendent or his/her designee. State law provides that the expulsion of a student will not exceed one calendar year. Any student who brings a dangerous weapon onto school property or to a school-sponsored activity, or possesses, conceals, or uses a dangerous weapon on school property or at a school-sponsored activity, shall be expelled for one calendar year unless a specific exception is made by the superintendent.
Required Expulsion Hearings: The school principal or designee may recommend an expulsion for any serious misconduct, but is required to request an expulsion hearing when he/she believes a student is guilty of the following offenses: the possession, transmission, or use of a dangerous weapon on school property or at a school-sponsored event; the sale or distribution of a controlled substance and a Category IV violation of the interagency substance abuse intervention and networking agreement. (see Appendix 3: Category IV Violations of the Memorandum of Understanding Substance Abuse Intervention/Networking Program) Only the superintendent, as the designated representative of the district school board, or his/her designee has the authority to expel a student. A hearing must be conducted before an expulsion occurs unless the student's parents or guardian, or the student, if 18 years of age or older, waives the right to a hearing.
See Appendix 2: Due Process Procedures for Expulsions.
Physical Discipline
Oregon Statute and School Board Policy prohibit the use of physical discipline. However, a teacher, administrator, school employee, or school volunteer is authorized to use reasonable physical force upon a student when, and to the extent that the individual reasonably believes, it is necessary to maintain order in the classroom or school, or at a school activity or event, whether or not it is held on school property. When so used, physical restraint will not be considered a form of physical discipline.
Suspension or Expulsion of Disabled Students
It is necessary to follow Administrative Rule 2975 whenever a student with disabilities is being considered for suspension or expulsion. The rules are summarized below.
- Generally:
Students with disabilities may be suspended for up to ten consecutive or cumulative school days in any one school year without taking any further action. If a student with disabilities is being considered for more than ten days of suspension or expulsion from school, the IEP team, which includes the parent, must determine whether there is a direct relationship between the student’s disability and the behavior for which the student faces discipline. If there is a direct relationship, the student may not be suspended for more than ten days without making a significant change in the student’s Individualized Education Plan (IEP). If there is a direct relationship, the student may not be expelled from school, but the student may be placed in an alternative education program. If there is not a direct relationship, the student may be suspended for an additional ten days.
- Students with Disabilities Who Violate Weapon and Drug Policies:
If a student with a disability violates the rules in this handbook related to weapons or the use, possession, or sale of drugs and other controlled substances, the student may be placed in an alternative education setting for 45 days. During that time, the IEP team, which includes the parent, must determine whether there is a direct relationship between the student’s disability and the behavior for which the student faces discipline. If there is a finding of direct relationship, the IEP team may make a change in placement to an alternative education program. If there is not a direct relationship, the student may be expelled from school following a hearing by the superintendent or the superintendent’s designee.
Filing a Request with the Department of Transportation to Suspend the Driving Privileges of a Student
The superintendent may file with the Oregon Department of Transportation a written request to suspend the driving privileges of a student or the right to apply for driving privileges. Such requests may be made if the student is at least 15 years of age and:
- The student has been expelled for bringing a dangerous weapon to school; or
- The student has been suspended or expelled at least twice for assaulting or menacing a school employee or another student, for willful damage or injury to school property or for use of threats, intimidation, harassment or coercion against a school employee or another student.
Prior to filing the request, the student will be accorded the due process procedures outlined in the district’s expulsion process, up to and including a review by the school board.
The statute states that the initial request to the Department of Transportation for the suspension of driving privileges or the right to apply for driving privileges may not exceed one calendar year.
If the superintendent files a second written request to suspend the driving privileges of a student or the right to apply for driving privileges, the Department of Transportation is required to deny privileges until the student is 21 years of age.
Required Reports to Law Enforcement Agencies
Violations of the district's rules related to guns and dangerous weapons; vandalism and the intentional or reckless destruction of school property; and coercion, assault, or threats must be reported to the police. A school official may inform the appropriate law enforcement agencies when a student is suspected of committing other illegal acts on the school campus or at a school-sponsored activity.
A Student's Right to Hear His or Her Accuser
- Complaints and Accusations Made by Staff Members:
A student may hear directly from the teacher or other staff member the specific complaints or descriptions of unacceptable behavior.
- Complaints and Accusations Made by Other Students:
In recognition of the special jeopardy in which student witnesses may be placed, and considering the possible traumatic affects on a student witness of adversary proceedings conducted by attorneys, police officers, or court officials, the complaining student may not be required to face the accused nor to have his/her identity revealed. When it is determined that a complaining student ought not face the accused, a school official may then become the official complainant. However, extreme care must be exercised by school officials to ensure that a student is not disciplined solely on hearsay evidence.
No licensed staff member may be examined as to communications between a student and that staff member in official confidence relating to the personal affairs of the student or the student’s family if the communication will tend to incriminate or damage the student or the student’s family. However, the school official conducting an investigation is under a special obligation to assure the careful and cautious investigation of all relevant facts and testimony.
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