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5144 AR Administrative Regulation

Discipline

Site-Level Rules Site-level rules shall be consistent with district policies and administrative regulations. In developing site-level disciplinary rules, the school shall solicit the participation, views and advice of one representative selected by each of the following groups: (Education Code 35291.5) - Parents/guardians - Teachers - School administrators - School security personnel, if any - For middle schools, students enrolled in the school Annually, site-level discipline rules shall be reviewed and, if necessary, updated to align with any changes in district discipline policies or goals for school safety and climate as specified in the district's local control and accountability plan. A copy of the rules shall be filed with the Superintendent or designee for inclusion in the comprehensive safety plan. School rules shall be communicated to students clearly and in an age-appropriate manner. The rules shall be consistent with law, Board of Education policy and district regulations. The Board may review, at an open meeting, the approved school discipline rules for consistency with Board policy and state law. (Education Code 35291.5) It shall be the duty of each employee of the school to enforce the school rules on student discipline. (Education Code 35291) Disciplinary Strategies To the extent possible, staff shall use disciplinary strategies that keep students in school and participating in the instructional program. Except when a student's presence causes a danger to themself or others or they commit a single act of a grave nature or an offense for which suspension or expulsion is required by law, suspension or expulsion shall be used only when other means of correction have failed to bring about proper conduct. Disciplinary strategies include but are not limited to: - Discussion or conference between school staff and the student and parents/guardians - Referral of the student to the school counselor or other school support service personnel for case management and counseling - 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 - When applicable, referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program or a Section 504 plan - Enrollment in a program for teaching prosocial behavior or anger management - Participation in a restorative justice program - A positive behavior support approach with tiered interventions that occur during the school day on campus - 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 - 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 - 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 - Recess restriction as provided in the section below entitled "Recess Restriction" - Detention after school hours as provided in the section below entitled "Detention After School" - Community service as provided in the section below entitled "Community Service" - In accordance with Board policy and administrative regulation, restriction or disqualification from participation in extracurricular activities - Reassignment to an alternative educational environment - Suspension and expulsion in accordance with law, Board policy, and administrative regulation When, by law or district policy, other means of correction are required to be implemented before a student could be suspended or expelled, any other means of correction implemented shall be documented and retained in the student's records. (Education Code 48900.5) Corporal Punishment Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of, or willfully causing the infliction of, physical pain on a student. (Education Code 49001) For purposes of this policy, corporal punishment does not include an employee's use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to property or to obtain possession of weapons or other dangerous objects within the control of the student. (Education Code 49001) Recess Restriction A teacher may restrict a student's recess time when they believe that this action is the most effective way to bring about improved behavior. 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: - The student shall be given adequate time to use the restroom and get a drink or eat lunch, as appropriate. - The student shall remain under a certificated employee's supervision during the period of restriction. - 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 notifies 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. 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 Board, Superintendent, principal or principal's designee may, at their 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 nonschool 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 at the time of their enrollment in the district.

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Legal & Management References

State
5 CCR 307 - Participation in school activities until departure of bus
5 CCR 353 - Detention after school
Civ. Code 1714.1 - Liability of parent/guardian for act of willful misconduct by a minor
Ed. Code 32280-32289.5 - School safety plans
Ed. Code 35146 - Closed sessions
Ed. Code 35291.5 - School-adopted discipline rules
Ed. Code 37223 - Weekend classes
Ed. Code 48900-48926 - Suspension and expulsion
Ed. Code 48980-48985 - Parent/Guardian notifications
Ed. Code 49005-49006.4 - Seclusion and restraint
Ed. Code 49055 - Restorative justice practices
Ed. Code 49056 - Prohibition of denial of recess
Ed. Code 49330-49335 - Injurious objects
Ed. Code 49414.4 - Opioid misuse; alternative to referral to law enforcement
Ed. Code 49550-49564.5 - Meals for needy students
Ed. Code 52060-52077 - Local control and accountability plan
Federal
20 USC 1400-1482 - Individuals with Disabilities Education Act
29 USC 794 - Rehabilitation Act of 1973; Section 504
42 USC 1751-1769j - School Lunch Program
42 USC 1773 - School Breakfast Program
Management Resources
California Dept of Education Program Advisories - Classroom Management: A California Resource Guide for Teachers and Administrators of Elementary and Secondary Schools, 2000
CSBA Publication - The Case for Reducing Out-of-School Suspensions and Expulsions, Fact Sheet, April 2014
CSBA Publication - Recent Legislation on Discipline: AB 240, Fact Sheet, March 2015
CSBA Publication - Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
CSBA Publication - Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014
CSBA Publication - Maximizing Opportunities for Physical Activity During the School Day, Fact Sheet, November 2009
Fix School Discipline Project - Sample alternative discipline policy
U.S. DOE, Office for Civil Rights Publication - Resource on Confronting Racial Discrimination in Student Discipline
U.S. DOE, Office for Civil Rights Publication - Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline, January 2014
Website - CSBA District and County Office of Education Legal Services
Website - Public Counsel
Website - U.S. Department of Education, Office for Civil Rights
Website - California Department of Education
Website - CSBA

Cross References

1313 BP Civility
3512 AR Equipment
5131 BP Conduct
5131.1 AR Bus Conduct
5131.2 AR Bullying
5131.62 AR Tobacco
5142 AR Safety
6163.4-E PDF(1) AR Student Use Of Technology