Updated 4/2/12
CODE
F1
(Recommended)[1]
STUDENT CONDUCT
Policy
It is
the policy of the ______________ School District to maintain a safe, orderly,
civil and positive learning environment via a system of classroom and school
management practices, supported by consistent, clear and fair disciplinary
procedures. The goal of this policy is to create an environment where the rules
for student behavior are clearly stated, are understood and accepted by
students and staff, and are applied in compliance with due process
requirements. This policy is to be applied in conjunction with the school's
overall discipline plan developed pursuant to 16 V.S.A. § 1161a.
Definitions
1) Weapon means a device, instrument, material
or substance whether animate or inanimate, which, when used as it is intended
to be used, is known to be capable of producing death or serious bodily injury.[2]
2) School means any setting
which is under the control and supervision of the School District. It includes
school grounds, facilities, and school-sponsored events whether held on or off
of school grounds and vehicles used to transport students to and from school or
school activities.[3]
3) Expelled means the
termination of educational services for the remainder of the school year or up
to 90 school days, whichever is longer.[4]
4) Knife means any instrument that is capable
of ready use as a stabbing weapon that may inflict bodily injury or death.
Student Responsibilities
It is the
responsibility of each student to contribute to a safe and productive learning
environment in the school by demonstrating respect and consideration for fellow
students and adults. This includes complying with all policies and rules of
conduct of the School District and individual classrooms.
Administrative Responsibilities
The Principal, in
consultation with the educational staff, will develop an overall discipline
plan pursuant to 16 V.S.A. §1161a.
The plan will include
clear guidelines for student behavior. The guidelines may include provisions
for the suspension or expulsion of students who engage in misconduct on school
property, on a school bus, or at a school sponsored activity when the
misconduct makes the continued presence of the student harmful to the welfare
of the school. The guidelines may also include provisions for the suspension or
expulsion of students who engage in misconduct not on school property, on a
school bus, or at a school sponsored activity where direct harm to the school
can be demonstrated or where the misconduct can be shown to pose a clear and
substantial interference with another student’s equal access to educational
programs.[5]
The guidelines for
student behavior will also include prohibitions against the possession by
students of knives, weapons and dangerous instruments while at school, and
shall allow disciplinary action up to and including expulsion for violations of
the prohibition against knives, weapons and dangerous instruments that are not
possessed at school as part of an educational program sponsored or sanctioned
by the school.[6]
Behavioral
expectations, and the consequences of misconduct, will be stated in the student
handbook and other publications distributed to students and parents/guardians.
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Date Warned: |
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Date Adopted: |
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Legal Reference(s): |
16 V.S.A. §1161a
(discipline) |
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16 V.S.A. §1162
(suspension and expulsion) |
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20 U.S.C. §§1400 et
seq.(IDEA) |
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29 U.S.C. §794 (Section
504, Rehabilitation Act of 1973) |
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VT State Board of
Education Manual of Rules & Practices §4311, 4312, 4313; 2120.8.12 |
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Cross Reference: |
Board Commitment to
Non-Discrimination (C6) |
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Public Complaints About
Personnel (D10) |
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Interrogations or
Searches of Students by Law Enforcement) |
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Officers or Other
Non-School Personnel (F4) |
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Search and Seizure (F3) |
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Alcohol and Drug Abuse
(F7) |
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Weapons (F21) |
[1] There is no clear legal requirement for a school board policy on discipline. However, 16 V.S.A. § 1162(a) authorizes school superintendents or principals to suspend pupils for up to 10 school days “…pursuant to policies adopted by the school board…” 16 V.S.A. § 1161a requires that all schools “…adopt and implement a comprehensive plan for responding to student misbehavior…” The State Board of Education Manual of Rules and Practices includes a school quality standard that refers to a “safe and orderly school environment,” and refers to the required discipline plan, but does not require a policy. The Vermont Department of Education has posted guidelines for discipline plan development and several other resources on student discipline issues on its website at http://www.state.vt.us/educ/new/html/pgm_safeschools/pubs.html#resources.
[2] See 13 V.S.A. §4016(a)(2) for definition of “dangerous or deadly weapon.”
[3] The Federal Gun Free Schools Act defines “school” as “…any setting that is under the control and supervision of the local education agency for the purpose of student activities approved and authorized by the local education agency. 20 U.S.C. § 7151(b)(f).
[4] 16 V.S.A. §1162(a).
[5] See 16 V.S.A. § 1162(a)(3)
[6] The “knives, weapons and dangerous instruments” prohibition in this model policy is not required by law. The possession of “dangerous and deadly weapons” on school grounds by any individual is prohibited by 13 V.S.A. §4004. This prohibition does not apply to the possession of firearms in schools for “instructional or other specific purposes.” 13 V.S.A. §4004(c)(2).