3330: Student Discipline

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Gooding Jt. School District 231

 

STUDENTS                                                                                                                3330

 

Student Discipline

 

Disciplinary action may be taken against any student guilty of disobedience or misconduct, including, but not limited to:

 

  1. Habitual truancy;

 

  1. Incorrigibility;

 

  1. Academic dishonesty;

 

  1. Conduct continuously disruptive of school discipline or of the instructional effectiveness of the District;

 

  1. Conduct or presence of a student when the same is detrimental to the health and safety of other pupils;

 

  1. Using, possessing, distributing, purchasing, or selling tobacco products;

 

  1. Using, possessing, distributing, purchasing, or selling alcoholic beverages. Students who are under the influence are not permitted to attend school functions and are treated as though they had alcohol in their possession;

 

  1. Using, possessing, distributing, purchasing, or selling illegal drugs or controlled substances, look-alike drugs, and drug paraphernalia. Students who are under the influence are not permitted to attend school functions and are treated as though they had drugs in their possession;

 

  1. Assembly or public expression that advocates the use of substances that are illegal to minors or otherwise prohibited within this policy;

 

  1. Using, possessing, controlling, or transferring a weapon in violation of the “Possession of Weapons in a School Building” section of this policy;

 

  1. Using, possessing, controlling, or transferring any object that reasonably could be considered or used as a weapon;

 

  1. Disobeying directives from staff members or school officials and/or rules and regulations governing student conduct;

 

  1. Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct toward anyone or urging other students to engage in such conduct;

 

  1. Causing or attempting to cause damage to, or stealing or attempting to steal, school property or another person’s property;

 

  1. Engaging in any activity that constitutes disorderly conduct, an interference with school purposes or an educational function or which is disruptive to the educational environment;

 

  1. Unexcused absenteeism; however, the truancy statutes and Board policy will be utilized for chronic and habitual truants;

 

  1. Hazing – For purposes of this policy, the term “hazing” shall have the meaning set forth in Idaho Code;

 

  1. Initiations;

 

  1. The forging of any signature, or the making of any false entry, or the authorization of any document used or intended to be used in connection with the operation of the school;

 

  1. Harassment, intimidation, cyber bullying, or bullying as defined in Idaho Code and District policy.

 

These grounds for disciplinary action apply whenever the student’s conduct is reasonably related to school or school activities, including, but not limited to:

 

  1. On, or within sight of, school grounds before, during, or after school hours or at any other time when the school is being used by a school group;
  2. Off school grounds at a school-sponsored activity, or event, or any activity or event which bears a reasonable relationship to school
  3. Traveling to and from school or a school activity, function, or event; or
  4. Anywhere, including off-campus, if the conduct may reasonably be considered to be a threat or an attempted intimidation of a staff member, or an interference with the education environment.

 

Traditional Disciplinary Measures

 

Traditional disciplinary measures include, but are not limited to:

 

  1. Expulsion;
  2. Suspension;
  3. Detention, including Saturdays;
  4. Clean-up duty;
  5. Loss of student privileges;
  6. Loss of bus privileges;
  7. Notification to juvenile authorities and/or police;
  8. Temporary removal from the classroom;
  9. Meeting with the student and the student’s parents; and
  10. Restitution for damages to school property.

 

No person who is employed or engaged by the District may inflict or cause to be inflicted corporal punishment on a student. Corporal punishment does not include, and District personnel are permitted to use, reasonable force as needed to maintain safety for other students, school personnel, or other persons, or for the purpose of self-defense.

 

Alternative Disciplinary Measure

 

Alternative disciplinary action is discipline other than traditional suspension or expulsion from school that is designed to correct and address the root causes of a student’s specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student’s misbehavior.

 

Alternative discipline includes, but is not limited to:

 

  1. Reflective activities, such as requiring the student to write an essay about the student’s misbehavior;
  2. Mediation when there is mutual conflict between peers, rather than one-way negative behavior;
  3. Counseling;
  4. Anger management;
  5. Health counseling or intervention;
  6. Mental health counseling;
  7. Participation in skills building and resolution activities, such as social-emotional cognitive skills building, resolution, and restorative conferencing;
  8. Diversion or use of juvenile specialty courts;
  9. Behavioral management plan;
  10. Corrective instruction or other relevant learning or service experience;
  11. Community service; and
  12. In-school detention or suspension which may take place during lunchtime, after school, or on weekends.

 

Consequences for Harassment, Intimidation, and Bullying

 

Students engaging in harassment, intimidation, or bullying will be subject to graduated consequences appropriate to the severity of the violation as determined by the Board, school administrators, or designated personnel depending upon the level of discipline. Graduated consequences for bullying may include any of the above listed traditional or alternative disciplinary measures or a combination thereof in accordance with the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and performance. However, depending upon the nature of the act, the District reserves the right to deviate from the process of graduated consequences to appropriately address the conduct at issue and move directly to suspension or expulsion proceedings. District personnel may also report the student’s conduct to the appropriate law enforcement officials.

 

Disciplining Students on Individual Education or Section 504 Plans

 

The District shall comply with the procedural safeguards enumerated in State and federal law and rule when disciplining students with individualized education plans or 504 plans.

 

Gun-Free Schools

 

A student who uses, possesses, controls, or transfers a firearm, or any object that can reasonably be considered to be or look like a firearm, shall be expelled for a definite period of time of at least one calendar year. The Board, however, may modify the expulsion period on a case-by-case basis. The building administrator shall notify the appropriate law enforcement agency of any student who brings a firearm to school.

 

If a student violating this policy is identified as disabled, either under the IDEA or Section 504, a determination must be made whether the student’s conduct is related to the disability. If the violation of the policy is due to a disability recognized by the IDEA or Section 504, lawful procedures for changes in placement must be followed.

 

Any student subject to an expulsion shall be entitled to a hearing before the Board, in accordance with Idaho Code and Board policy.

 

Possession of a Weapon on School Property – Misdemeanor

 

No person shall possess a firearm or other deadly or dangerous weapon while on school property or in those portions of any building, stadium, or other structure on school grounds which, at the time of the violation, are being used for an activity sponsored by or through a school in this State or while riding school provided transportation. This also applies to students of schools while attending or participating in any school sponsored activity, program, or event regardless of location.

 

As used in this section of this Policy only:

 

  1. “Deadly or dangerous weapon” means any weapon as defined in United States Code. Such term does not include a pocket knife with a blade of less than 2½ inches in length. and
  2. “Firearm” means any firearm as defined in United States Code.

 

Any person who possesses, carries, or stores a weapon in a school building or on school property, except as provided below, shall be referred to law enforcement for immediate prosecution, as well as face disciplinary action by the District.

 

The Board may grant persons and entities advance permission to possess, carry, or store a weapon in a school building. All persons who wish to possess, carry, or store a weapon in a school building shall present this request to the Board in a regular meeting. It is solely within the Board’s discretion whether to allow a person to possess carry or store a weapon in a school building.

 

This section of this policy does not apply to:

 

  1. Law enforcement personnel;

 

  1. Any adult over 18 years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his or her vehicle in an unobtrusive, nonthreatening manner;

 

  1. A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students, or school employees to and from school or a school activity; or

 

  1. A person or an employee of the school or District who is authorized to carry a firearm with the permission of the Board of Trustees.

 

Any student who makes a threat to use a knife, gun, explosive device or any other weapon to cause harm or damage, or that would create fear and intimidation, shall also be recommended for

expulsion and law enforcement will be notified.

 

Delegation of Authority

 

Each teacher, and any other school personnel when students are under his or her charge, is authorized to impose any disciplinary measure (other than suspension, expulsion, corporal punishment, or in-school suspension) which is appropriate and in accordance with the policies and rules on student discipline. Teachers may remove students from a classroom for disruptive behavior.

 

Nondiscrimination

 

The District will ensure that student discipline is enforced in a nondiscriminatory manner to avoid subjecting similarly situated students to different treatment without a legitimate reason for doing so, or when such a reason is merely a pretext for discrimination. Such discrimination, which the District will endeavor to avoid, includes the following:

 

  1. Adopting discipline rules which treat students differently based on race, color, national origin, ancestry, sex, gender identity, sexual orientation, ethnicity, age, language barrier, religious beliefs, physical or mental handicap or disability, economic or social conditions, or actual or potential marital or parental status, or status as a homeless child;

 

  1. Adopting any rule with the intention of targeting students based on the personal characteristics listed above, rather than for a legitimate purpose, regardless of whether the phrasing of the rule appears neutral with regard to students’ personal characteristics;
  2. Enforcing an apparently neutral rule more harshly on the basis of a student’s personal characteristics; or

 

  1. Discipline of any student when it is motivated by intentional discrimination.

 

Notification

 

A summarized version of this policy shall be provided in writing at the beginning of each school year to the school personnel, parents, and students in the District. Information provided to students shall be provided in a manner appropriate to the student’s age, grade, and level of academic achievement.

 

The Board shall review this policy annually.

 

 

Cross References:       3295                                  Hazing, Harassment, Intimidation, Bullying,                                                                     Cyber Bullying

                                    3340                                  Corrective Actions and Punishment

                                    4320                                  Disruption of School Operations

 

Legal References:       18 U.S.C. § 930                Possession of Firearms and Dangerous Weapons                                                               in Federal Facilities

                                    18 U.S.C. § 921                Firearms – Definitions

                                    20 U.S.C. § 7961              Gun-Free Requirements  

                                    29 U.S.C. § 701, et seq.    Section 504 of the Rehabilitation Act of 1973

                                    I.C. § 33-205                     Denial of School Attendance      

                                    I.C. § 18-917                     Assault And Battery – Hazing

                                    I.C. § 18-917A                  Student Harassment — Intimidation — Bullying

                                    I.C. § 18-3302D                Possessing Weapons or Firearms on School                                                                         Property

                                    I.C. § 18-3302I                 Threatening Violence on School Grounds

                                    I.C. § 33-1224                   Powers and Duties of Teachers

                                    I.C. § 33-1631                   Requirements for Harassment, Intimidation and                                                         Bullying Information and Professional                                                                            Development

                                    IDAPA 08.02.03.109.05   Special Education

                                    IDAPA 08.02.03.160        Safe Environment and Discipline

 

Other Reference:         Office of Civil Rights Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline

 

Policy History:

Adopted on: 7/17/12

Revised on: 12/14/21

Reviewed on:

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