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Logan City School District is committed to fostering an environment in the public schools for students, staff, community, neighbors and visitors which is safe, conducive to the learning process, and free from unnecessary disruption. A safe school environment includes the school and grounds during school hours, district-provided transportation and school sponsored activities and events. The following policy and guidelines have been created for this purpose in accordance with Utah State Law (UCA 53A-11-901-909).
School-sponsored activity or event means an activity, meeting, or location sanctioned or supported by the school, including transportation of students in district-owned/leased vehicles.
Exclusion means the removal of a student from a school program, but not necessarily from all education services, and includes:
Suspension: a mandatory interruption of attendance or participation in a specific school or program for a period of 10 days or less.
Expulsion: termination of attendance or participation in a school or program for a period in excess of 10 school days by the local Board of Education (53-11-905(3)).
Change in Placement: Alternative placement of a student for disciplinary or for other legitimate purposes.
Student means any Utah resident of school age under Utah Code Annotated 53A-11-101(1)(d) & (2).
Imminent danger means the appearance of threatened and impending injury which would lead a reasonable and prudent person to attempt an instant defense; something which is threatening to happen at once, something close at hand, something which is close, although not yet touching, or on the point of happening. [Black's Law Dictionary]
Habitually disruptive behavior means frequent or repeated flagrant willful disobedience, defiance of proper authority, or repeated disruptive behavior, including the use of foul, profane, vulgar or abusive language.
Gang means a group of people who form an allegiance and engage in a range of anti-social behaviors that may include violent or other unlawful activity. These groups may have a name, turf, colors, symbols, or distinct dress, or any combination of the preceding characteristics.
Remedial discipline plan means a written plan developed by the school in consultation with the student to be disciplined and the parent/legal guardian which may include any combination of the following or any other action discussed by the parties:
exclusion of the student from school for a pre-determined time or until certain conditions are met;
specific behavior standards for the student which, when met by the student, allow for designated rights or privileges;
in-school suspension;
community service;
restitution for damage or harm.
Proactive intervention strategy means a preventive strategy intended to stop or deter problem behaviors before they occur. A proactive or preventive strategy anticipates problem behaviors and uses a predetermined set of consequences (positive or negative) to intervene.
Parent means parent or legal guardian.
Proactive Strategies for Improving Student Behavior and Limiting the Exclusion of Students from School:
Each school shall provide parents/legal guardians and students with a written mission statement for the school that should be included in a school procedures handbook and provided to parents/legal guardians.
School administrators, teachers and staff shall use proactive intervention strategies that anticipate problem behaviors before they occur. These strategies may include:
a set of objective rules for the whole school that:
are reviewed by teacher(s), in advisory or homeroom periods or in a school assembly at least annually.
feedback systems that consistently inform students of their school wide behavior. These systems shall:
be accurate and frequently updated.
Students shall:
be civil and respectful to other people and obey persons in authority at the school.
Students may be suspended or expelled from a public school for the following reasons and students may not:
possess, use, sell or attempt to possess, use or sell any firearm, weapon, knife, explosive, firework, chemical weapon, flammable material, martial arts weapon or other instrument including those which eject anything, or other material dangerous to persons or property, or any replica or facsimile of any of the above, regardless of intent and whether functional or nonfunctional;
as required by federal law, a student who is found to have brought a firearm (as defined under Section 921 of title 18, U.S. Code) or a real, look alike, or pretend firearm, explosive or flammable material under state law (53A-11-904) to school or to a school-sponsored activity or to be in possession of such firearm while at school or when involved in any school supervised activity shall be expelled from school for a period of not less than one year;
a superintendent or the superintendent's designee, may modify the one year expulsion requirement if the superintendent or review committee determines on a case-by-case basis that a lesser penalty would be more appropriate;
cause, attempt, threaten or conspire to cause damage to personal or real property, or cause, attempt, threaten or conspire to cause harm to a person or persons, individually or in groups, through:
participation in conduct which threatens harm or does harm to the school, school property, person associated with the school or property associated with such persons
commit an offense against an educator when the educator is acting in the course of employment or be subject to an enhanced degree of offense as cited in Utah Code Annotated 76-3-203.2. Crimes against educators are considered to have created an imminent danger under this policy;
be admitted to Logan City School District school on the basis of having been expelled from any school during the preceding 12 months (UCA 53A-11-904).
Procedures for Incidents Involving Weapons, Drugs, Alcohol, or Imminent Danger to People or Property:
The school principal or designee shall determine if the student's behavior created imminent danger to people or property or if the student's behavior, despite intent, was in violation of the district's weapons or drug-free policy.
If the student's behavior created imminent danger or violated the district's weapons or drugs and alcohol policy, following personal notification to the student and student's parent/legal guardian, the student shall be suspended according to the procedure outlined below:
immediate student suspension:
the student shall be prohibited from trespassing on all school district property;
the school may only release the suspended student to the student's parent/legal guardian or other adult designated by the parent or legal authority;
in unlawful or dangerous situations, the student may be released to law enforcement personnel. (Refer to Logan District Guidelines on police interviewing in schools);
a school or district administrator shall make earnest efforts to contact a parent/legal guardian to schedule a conference with the student, the student's parent/legal guardian, and the school administrator within 24 hours of the exclusion;
during the conference, the administrator shall:
advise the student and the parent about the student's rights and obligations and the procedures for appeal of an adverse decision.
at the conclusion of any exclusionary period, a conference will be held with the student and the student's parent/legal guardian at which time a behavior contract will be developed by parents/legal guardians, student, school personnel, and other appropriate individuals.
The administrator shall document the disciplinary action taken.
Procedures for Incidents NOT Involving Weapons, Drugs, Alcohol, or Imminent Danger to People or Property (usually handled at the school level):
An administrator shall provide the student an initial opportunity to explain his behavior prior to suspension. If the immediate suspension is justified the school should proceed.
The school administrator shall investigate and document the charges and schedule a conference with the student and parent/legal guardian as soon as possible. The parent/legal guardian will be notified about the impending conference.
During the conference, the administrator shall:
explain the allegations or violation to the student;
discuss the evidence and provide the student with a reasonable opportunity to respond and present any relevant information;
take appropriate action consistent with findings made by the administrator after review of the evidence and the student's response, and with applicable school and district policies and state and federal law, including laws or regulations specific to students with disabilities;
advise the student and the parent/legal guardian about the student's rights and obligations, and the procedures for appeal of an adverse decision;
discuss alternatives to suspension with the student and parent/legal guardian for behavior that is neither violent, unlawful, or falls under weapons, imminent danger or drug and alcohol violations;
amended schedule;
if the parent or legal guardian does not comply with the alternative to suspension requirements, the student shall be suspended in accordance with the conduct and discipline policies of the district or school;
in the event of suspension or expulsion, the student shall be prohibited from trespassing on all school district property and attending any school event or activity.
A school administrator may refer any matter to the district for hearing if the administrator deems it advisable.
If the student or parent/legal guardian does not concur with the school disposition of student misconduct involving weapons, drugs, alcohol, or imminent danger or for student exclusion for a second or subsequent offense not involving weapons, drugs, alcohol, or imminent danger:
the parent/legal guardian may appeal the decision by submitting a written request to the district superintendent within 10 days after receiving notice of the decision;
the superintendent or review committee shall schedule the appeal hearing within 20 days of receiving the parent's/legal guardian's request for hearing and shall provide the parent/legal guardian with notice of the procedures to be followed in the hearing;
the superintendent or review committee shall conduct the appeal hearing at the appointed time and place. The district and the student may each be represented by an advocate of its choice;
at the appeal hearing, each party may make statements, question witnesses, and present relevant facts and evidence. The review committee procedures may allow for additional witnesses or affidavits to be presented;
the appeal hearing's conclusion(s) that affect a student's school attendance shall be decided within two school days following the hearing;
all other issues shall be disposed of in writing within 30 days of the conclusion of the appeal hearing;
these time periods may be waived upon agreement by both parties to the hearing;
the recommendation of the review committee will be submitted to the Board of Education if the recommendation to expel the student is upheld;
expulsion of a student may only be conducted by the Board of Education;
district review committee appeal of an exclusion is the final administrative remedy. If students or parents/legal guardians are dissatisfied with the administrative determination, they may appeal to a court of law.
Responsibility of Parent or Legal Guardian for Suspended or Expelled Student:
If a student is suspended or expelled from a public school for more than ten (10) school days, the parent or legal guardian is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension or expulsion.
The parent or legal guardian shall work with designated school officials to determine how that responsibility might best be met through private education, an alternative program offered by or through the district, or other alternatives which will reasonably meet the educational needs of the student.
Costs for educational services which are not provided by the school district are the responsibility of the student's parent or legal guardian.
Each school district shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the individual student's transcript (UCA 53A-11-907).
Students with Disabilities: (This represents current Federal Law while Utah Rules and Regulations are currently under revision. Existing Utah Special Education Rules and Regulations must be referenced prior to disciplinary action.)
Students with disabilities are those individuals who qualify for special education and related services under Public Law 105-17, the Individuals with Disabilities Education Act (IDEA), and/or under Section 504 of the Rehabilitation Act Amendments of 1973 and/or under the Americans with Disabilities Act of 1990.
All students with disabilities enrolled in Logan City School District are accountable for the same standards of behavior as non-disabled students unless their Individualized Educational Program (IEP) teams have determined that their disabilities prevent adherence to these standards and have agreed upon altered standards on their IEP's. Because students with disabilities represent a protected class of individuals, the following general provisions and/or protections apply:
Suspension of students with disabilities for fewer than ten (10) days - School administration may order the removal of a student with a disability for up to 10 consecutive days for any violation of school rules for which students without disabilities would be removed. During this type of removal, the provision of educational services is not required.
Suspension of students with disabilities for more than ten (10) days - Students may be suspended for more than 10 cumulative days per school year for separate instances for which nondisabled students would be suspended. However, such suspension must not constitute a pattern of removal and/or a change of placement. Factors such as the length of each removal, total amount of time the student is removed and proximity of removals to each other may lead to a conclusion of placement change. Regardless, beginning with the 11th cumulative day of removal, general and special education services must be provided to the student while on suspension.
Weapons and Controlled Substance Violations
If a student with a disability carries a weapon to school or a school function, or knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school or at a school function, school administration may order the removal of the student from school. When such a removal is contemplated, it constitutes an imminent change of placement and parents/legal guardians must be notified and provided with a copy of their procedural safeguards under IDEA.
Manifestation Determination
The student's IEP team must meet as quickly as possible following the violation to conduct a manifestation determination. This procedure uses evidence from the student's psychoeducational evaluation(s), school conduct and classroom performance to help identify whether or not the student's misbehavior was a function of his/her disability.
Violation Related to Student's Disability
The student's IEP team must meet to determine an interim alternative
educational setting (IAES) to which the student may be removed
for up to 45 school days. The team must also conduct a functional
behavioral assessment (FuBA) and develop a behavior intervention
plan (BIP) if these have not already been accomplished. If a FuBA
and BIP have already been completed, the IEP team will review
these and make revisions as appropriate. The purpose of the BIP
is to reduce or eliminate the likelihood that the behavior causing
the removal from school will recur in the interim alternative
educational setting and in the student's school upon his/her return.
In an IAES, the student must receive services which allow him/her
to progress in the general curriculum and to advance appropriately
toward meeting the goals specified on his/her IEP.
Violation Not Related to Student's Disability
If the manifestation determination procedure indicates that the
weapons or drug violation was not related to the student's disability,
the student may be removed from school on the same basis as would
a student without a disability. However, during this removal,
the school district must provide services necessary to enable
the student to progress in the general curriculum and appropriately
advance toward meeting the goals set forth in his/her IEP.
Dangerousness
A due process hearing officer may order the removal of a student
to an interim alternative educational setting (IAES) for up to
45 days if in an expedited due process hearing, s/he determines
that the school district has demonstrated by substantial evidence
that maintaining the current placement of the student is substantially
likely to result in injury to the student or others, considers
the appropriateness of the student's current placement, considers
that the school district has made reasonable efforts to minimize
the risk of harm in the student's current placement, determines
that the IAES proposed by the school in concert with the student's
special education teacher meets requirements of addressing the
student's behavior and offering services so that the student can
progress in his/her general and special education programs.
School districts may continue to seek school removal of a student
deemed dangerous by petitioning a court of local jurisdiction.
This is often referred to as a "Honig Injunction." The federal
Office for Special Education Programs (OSEP) affirmed in DOE Q
& A Document, Question 3, 64 Fed. Reg. 12415 (March 12, 1999)
that at any time, school officials may seek to obtain a court
order to remove a student with a disability from school or to
change a student's current educational placement if they believe
that maintaining the student in the current educational placement
is substantially likely to result in injury to the student or
others.
School officials can report crimes committed by students with
disabilities to appropriate law enforcement authorities to the
same extent they do for crimes committed by nondisabled students.
In School Suspension - An in school suspension would not be considered a part of the days of suspension previously addressed as long as the student is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to receive the services specified on his or her IEP and continue to participate with nondisabled students to the extent they would have in their current placement.
Behavioral Interventions - any behavioral intervention to be used with a Logan City School District student with disabilities must meet the requirements set forth by the Utah State Board of Education Special Education Rules.
Appropriate Use of Physical Restrain in the Enforcement
of this Policy:
The use of physical restraint of students within the context of this policy
is only appropriate consistent with federal law, UCA Sections 53A-11-801
and 76-2-401(3), and school district policy on corporal punishment.
School administrators and other school personnel designated by the administration shall have authority to identify student behavior as gang-related and may be allowed under district policy to treat such designated behavior as imminently dangerous to students and staff and follow the procedures outlined under Section V of this policy for disciplining students involved in gang-related activities.
In disciplining students under gang-related provisions, school administrators shall act consistently with and be sensitive to Constitutional protections of freedom of expression and freedom of association.
Students and parents/legal guardians should be given notice that courts have determined that the parameters of freedom of expression and freedom of association in a public school setting are different than in society generally.
Indices of gang-related behavior or association may include, but are not limited to:
wearing, possessing, using, distributing, displaying or selling any clothing, jewelry, emblem, tattoo, badge, symbol, sign or other items which evidence membership in a gang;
use of name associated with or attributed to a gang;
designation of turf or an area for gang activities or occupation or ownership; or
any combination of the preceding indices or activities.
Approved: January 11, 2000