STUDENT DISCIPLINE POLICY

              Recognizing that the behavior of some students may be so disruptive that it interferes with school purposes or educational functions of the school corporation, school officials may find it necessary to remove a student from the school.  In this event and in accordance with the provisions of IC 20-8.1.5.1, the Board of School Trustees authorizes administrators and staff members to take the following actions:

1.  REMOVAL FROM CLASS OR ACTIVITY-TEACHER: 1) An elementary, middle school, junior high or high school teacher will have the right to remove a student from his/her class or activity for a period of up to one (1) school day if the student is assigned regular or additional work to be completed in another school setting.

2.  SUSPENSION FROM SCHOOL - PRINCIPAL:  A school principal (or designee) may deny a student the right to attend school or take part in any school function for a period of up to ten (10) school days.

3.  EXPULSION:  In accordance with the due process procedures defined in this policy, a student may be expelled from school for a period no longer than the remainder of the current semester plus the following semester, with the exception of a violation of rule 13 listed under the grounds for Suspension and Expulsion in this policy.

GROUNDS FOR SUSPENSION OR EXPULSION:

Grounds for suspension or expulsion are student misconduct or substantial disobedience.  The following include examples of student misconduct or substantial disobedience, but are not limited to:

1.  Using violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or other comparable conduct constituting an interference with school purposes, or urging other students to engage in such conduct.  The following enumeration is only illustrative and not limited to the type of conduct prohibited by this subdivision:

a.  Occupying any school building, school grounds, or parts thereof with intent to deprive others of its use

b.  Blocking the entrance or exits of any school building or corridor or room there in with intent to deprive others of lawful access to or from, or use of the building, corridor, or room

c.  Setting fire to or damaging any school building or property.

d.       Prevention of or attempting to prevent by physical act the convening or continued functioning of any school or education function, or of any meeting or assembly on school property.

e.   Continuously and intentionally making noise or acting in any manner so as to interfere seriously with the ability of any teacher or any of the other school personnel to conduct the education function under this supervision.

2.  Causing or attempting to cause damage to school property, stealing or attempting to steal school property.

3.  Causing or attempting to cause damage to private property, stealing or attempting to steal private property.

4.  Intentionally causing or attempting to cause physical injury or intentionally behaving in such a  way as could reasonably cause physical injury to any person.  Self-defense or reasonable action undertaken on the reasonable belief that it was necessary to protect some other person does not, however, constitute a violation of this provision.

5.  Threatening or intimidating any student for the purpose of, or with the intent of, obtaining money or anything of value from the student.

6.  Knowingly possessing, handling, or transmitting a knife or any object that can reasonably be considered a weapon.

7.  Knowingly possessing, using, transmitting, or being under the influence of any narcotic drug, tobacco substance, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind.  Use of drug authorized by a medical prescription from a        physician is not a violation of this subdivision.

8.  Engaging in the unlawful selling of a controlled substance or engaging in a criminal law violation that constitutes a danger to other students or constitutes an interference with school purposes or an educational function.

9.  Failing in a substantial number of instances to comply with directions of teachers or other school personnel during any period of time when the student is properly under their supervision, where the failure constitutes an interference with school purposes or an educational function.

10. Engaging in any activity forbidden by the laws of Indiana that constitutes an interference with school purposes or an educational function.

11. Violating or repeatedly violating any rules that are reasonably necessary in carrying out school purposes or an educational function and are validly adopted in accordance with Indiana law, including, but not limited to:

a.  engaging in sexual behavior on school property;

b.  disobedience of administrative authority;

c.  willful absence or tardiness of students;

d.  knowingly possessing, using, or transmitting any substance which is represented to be or looks like a narcotic drug, hallucinogenic drug, amphetamine,  barbiturate, marijuana, alcoholic beverage, stimulant, depressant, or intoxicant or any kind.

e.  possessing, using, transmitting, or being under the influence of caffeine-based substances, substances containing phenylpropanolamine (PPA), or stimulants of any kind, be they available with or without a prescription.

f. engaging in speech or conduct, including clothing, jewelry or hairstyle, which is profane, indecent, vulgar, or offensive to school purposes.

12. Knowingly possessing or using on school grounds during school hours an electronic paging device or a handheld portable telephone in a situation not related to a school purpose or educational function.

13. Possession of a Firearm

a.  No student shall possess, handle or transmit any firearm on school property.

b.  The following devices are considered to be a firearm as defined in Section 921 of Title 18 of the United States Code:

- any weapon, which will or is designed to or may readily be converted to expel a projectile by the    action of an explosive

- the frame or receiver of any weapon described above

- any firearm muffler or firearm silencer

- any destructive device which is an explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or any similar device

-  any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has a barrel with a bore of more than one-half inch in diameter

-  any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled  

According to Section 921, the following devices are not considered to be a firearm.

-  an antique firearm

-  a rifle which the owner intends to use solely for sporting, recreational, or cultural purposes

-  any device which is neither designed nor redesigned for use as a weapon

-  any device, although originally designed for use as a weapon, which is redesigned for use as a signaling pyrotechnic, line throwing, safety, or similar devic

-  Class C common fireworks

c.  The penalty for possession of a firearm:  ten (10) days suspension and expulsion from school for one calendar year.  The superintendent may reduce the length of the expulsion if the circumstances warrant such reduction.

d.  The superintendent shall notify the county prosecuting attorney’s office when a student is expelled under this rule.

14.  Failing to have legal settlement in the attendance area of the School Corporation.

The grounds for suspension or expulsion previously listed apply when a student is:

a.  On school grounds immediately before, during, and immediately after school hours and at any other time when a school group is using the school;

b.  Off school grounds at a school activity, function, or event, or

c.  Traveling to or from school or a school activity, function, or event.

In addition to the grounds listed above, a student may be suspended or expelled for engaging in unlawful activity on or off school grounds if the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function, or the student’s removal is necessary to restore order or protect persons on school property.  This includes any unlawful activity meeting the above criteria which takes place during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions.

 Other disciplinary actions may be taken by Administration staff, a teacher, or other school staff members who have students under their charge to ensure a safe, orderly, and effective educational environment.  Disciplinary action under this section may include the following:

1.  Counseling with a student or group of students.

2.  Conferences with a parent or group of parents.

3.  Assigning additional work.

4.  Rearranging class schedules.

5.  Requiring a student to remain in school after regular school hours to do additional schoolwork or for counseling.

6.  Restricting extracurricular activities.

7.  Removal of a student by a teacher from that teacher’s class for a period not to exceed one class period if the student is assigned regular or additional school work to complete in another school setting.

8.  Assignment by the principal of:

(A)  a special course of study;

(B)   an alternative educational program; or

(C)  an alternative school

9.  Removal of a student from school sponsored transportation.

SUSPENSION PROCEDURES

 When a principal (or designee) determines that a student should be suspended, the following procedures will be followed:

l.   A meeting will be held prior to the suspension of any student.  At this meeting the student will be entitled to:

a.  a written or oral statement of the charges;

b.  if the student denies the charges, a summary of the evidence against the student will be presented; and,

c.  the student will be provided an opportunity to explain his or her conduct.       

2.  The meeting shall precede suspension of the student except where the nature of the misconduct requires immediate removal.  In such situation, the meeting will follow the suspension as soon as reasonably possible following the date of the suspension.

3.  Following the suspension, the parents or guardians of suspended students will be notified in writing.  The notification will include the dates of the suspension, describe the student’s misconduct, and the action taken by the principal.

EXPULSION PROCEDURES

When a principal (or designee) recommends to the superintendent (or designee) that a student is expelled from school, the following procedures will be followed:

1.  The superintendent (or designee) may conduct an expulsion meeting, or may appoint one of the following persons to conduct the expulsion meeting:

 a.  legal counsel

 b.  a member of the administrative staff who did not expel the student and was not involved in the events giving rise to the expulsion

2.  An expulsion will not take place until the student and the student’s parent are asked to appear at an expulsion meeting conducted by the superintendent or the person designated above.  Failure by a student or a student’s parent to appear at this meeting will be deemed a waiver of rights administratively to contest the expulsion or to appeal it to the school board.

3.  The request to appear at the expulsion meeting will be in writing, delivered by certified mail or by personal delivery, and contain the reasons for the expulsion and the date, time, place, and purpose of the meeting.

4.  At the expulsion meeting, the principal (or designee) will present evidence to support the charges against the student.  The student or parent will have the opportunity to answer the charges against the student, and to present evidence to support the student’s position.

5.  If an expulsion meeting is held, the person conducting the expulsion meeting will make a written summary of the evidence heard at the meeting, take any action found to be appropriate, and give notice of the action taken to the student and the student’s parent.

The student or parent has the right to appeal the decision of the person conducting the expulsion meeting to the school board within 10 days of the receipt of notice of the action taken.  The student or parent appeal to the school board must be in writing.  If an appeal is properly made, the board must consider the appeal unless the board votes not to hear the appeal.  If the board hears the appeal, it will consider the written summary of the expulsion meeting and the arguments of both the school administration and the student and/or the student’s parent.  The board will then take any action deemed appropriate.

Special Education

Due process procedures for special education students will follow the Indiana State Board of Education Special Education Rules adopted 1-8-92 under Article 7, Rule 15.

RIGHT TO INSPECT CERTAIN INSTRUCTIONAL MATERIALS

The parent or guardian of a child enrolled in a school within the Pike County School Corporation shall be entitled to inspect any instructional materials, which will be used in connection with a survey, a personal analysis, or an evaluation which is not a direct part of the academic instruction.  Instructional materials include teacher’s manuals, student texts, films, other video materials, or tapes.

Any complaints arising under this policy may be submitted in accordance with the policy for parental (public) complaints.

STUDENT SUBMISSION TO SURVEYS, PERSONAL ANALYSIS, OR EVALUATIONS OF SCHOOL CURRICULUM

No student shall be required without prior written consent of the student’s parent or guardian, or prior consent of a student if the student is an adult or is emancipated, to submit to a survey, a personal analysis, or an evaluation not directly related to the academic instruction which reveals information concerning:

(1)  political affiliations;

(2)  religious beliefs or practices;

(3)  mental or psychological conditions that may embarrass the student or his/her family;

(4)  sexual behavior and attitudes;

(5)  illegal, anti-social, self-incriminating, or demeaning behavior;

(6)  critical appraisals of other individuals with whom the student has a close family relationship;

(7)  legally recognized privileged or confidential relationships, including a relationship with a lawyer, physician, or minister; or

(8)  income (except as required by law to determine eligibility for participation in a program or for receiving financial assistance  under a program).