BURLINGTON-EDISON K-8 DISCIPLINE POLICY AND PROCEDURE MEMORANDUM OF UNDERSTANDING: Between the Burlington-Edison School District and the Skagit County Sheriff’s Department Regarding Threat of Physical Intimidation, Violence, and Possession of Weapons on School Property. The Skagit County Sheriff’s Department and the Burlington-Edison School District have jointly agreed on a procedure that focuses on providing a safe and healthy environment for students and faculty. All parties have mutually agreed that violations of the law will be promptly reported to the appropriate law enforcement department and that a law enforcement investigation will be conducted. At the conclusion of the investigation, those individuals who have committed violations of the law may be charged. This action is in addition to any disciplinary administrative action taken by the school. This memorandum will remain in effect indefinitely.
Student Expectations: 1. 2. 3. 4. 5.
Treat each other and adults with respect and courtesy. Show respect for the building and campus. Conduct yourself in an orderly and purposeful manner. Respond appropriately to adult requests. Use language and behavior appropriate to a school setting.
Discipline Alternatives: (generally in order of severity)
Steps: 1. Detention 2. In-School Suspension (ISS) 3. Out-of-School Short Term Suspension (1-10 days) 4. Out-of-School Long Term Suspension (More than 10 days) 5. Emergency Expulsion 6. Expulsion ** Parents will be notified if student is placed on steps 1-6. Notes: 1. 2. 3.
If a student is assigned detention and fails to complete the assigned days, in-school suspension will result. If a student fails to complete the assigned in-school suspension, out-of-school suspension will result. Any discipline assigned from step 2 through step 6 above will result in probation from extra-curricular activities as per Athletic/Activities Code.
Assault: The unlawful threat (verbal or physical) or attempt to do physical harm to another person(s) (i.e. fighting). Behaviors
including intimidation, hazing, initiation, and harassment constitute assault. Staff Responsibility: Intervene immediately; escort student to the office, fill out referral form. Administrative Responsibility: Conference with student, contact parent, contact police if warranted, and may place student on Emergency Expulsion pending an investigation.
Arson: The intentional setting of a fire.
Staff Responsibility: Report to the office immediately. Administrative Responsibility: Contact police if warranted, contact parent, and may place student on Emergency Expulsion pending investigation.
Burglary, Malicious Mischief, Theft, Vandalism: Breaking and entering of school or another’s personal property with the intent to steal or do damage. Staff Responsibility: Report to the office immediately. Administrative Responsibility: Contact police if warranted, contact parent, and may place student on Emergency Expulsion pending investigation.
Cheating, Gambling, Forgery, and Plagiarism: Academic misconduct: cheating on homework, class work, assignments, or tests. Interfering with documents or communication between school and home (i.e. forging parent signature, intercepting reports, trip request, etc.) Forging school documents is a serious offense. Staff Responsibility: Confiscate work or document, refer to office. Administrative Responsibility: Contact parent, place on discipline ladder, steps 1 - 6 depending on the severity of the offense.
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Computer/Internet Usage Policy: Use of the computer and Internet provides great educational benefits to students.
Unfortunately, some of the material via the Internet may contain items that are illegal, defamatory, or potentially offensive to some people. Access to the Internet is provided as a privilege to students who agree to act in a considerate and responsible manner. We require that students and parents or guardians read, accept, and sign the district policy form #3201F pertaining to computer usage and acceptable on-line behavior. Students are responsible for good behavior on the Internet just as they are in a school building. General school rules for behavior and communication apply. Violations of these rules will result in disciplinary action according to the normal 6-step ladder for other general disciplinary infractions. Computer usage and access to the Internet may be revoked. Student network storage areas may be monitored, just like school lockers. Network administrators may review files and/or communications to maintain system integrity and ensure that users are using the system responsibly. Users should not expect that files are private. The following list describes unacceptable activities on district computers: 1. Logging on as someone else. 2. Downloading any illegal software from the Internet, whether onto school computer hard drives or onto any other storage media. 3. Downloading any MP3’s, video or sound files form the Internet, whether onto school computer hard drives or onto any other storage media. 4. Use of any “Napster” or “Napster-like” software or sites. 5. Use of any web sites that allow our Internet filtering system to be disrupted or overridden. 6. Using district computers to perform acts of plagiarism. 7. Using district computers to violate copyright laws. 8. Consuming any food or drink while sitting at or working on district computers. 9. Changing any desktop configuration settings on district computers. 10. Playing computer game software or web-based games without teacher permission. 11. Attempting to copy software from the hard drives of district computers onto any other storage media. 12. Sending broadcast messages over our school network. 13. Use of chat lines. 14. Completion of any on-line forms or templates that request user information, unless teachers have given specific permission to do so. 15. Harassment or sending hate mail over network resources. 16. Employing any network resource, including student web pages for commercial purposes, including dissemination of resumes or advertising services. Staff Responsibility: Report to office immediately. Administrative Responsibility: Contact police if warranted, contact parent, and may place student on emergency expulsion pending an investigation.
Dangerous Weapons: The Burlington-Edison School Board intends that all district facilities and activities will be safe for
student, staff and the community. To ensure this intention, it is prohibited for any person to be in possession of a dangerous weapon, firearm, or explosive material on school premises, in a vehicle, or at any school activity. Staff is directed to refer all dangerous weapon violations immediately to the school principal or designee for action. A dangerous weapon is defined as “any object designed to inflict physical harm, or the use of any object to inflict physical harm”. The size or length of the object does not matter if the intent of its use is to inflict physical harm. Dangerous weapon offenses having to do specifically with firearms shall result in an “emergency expulsion” and convert to either an expulsion or long-term suspension for up to one calendar year. Firearms would include any air gun, including any air pistol or rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas. All other offenses involving dangerous weapons of any type constitutes grounds for “emergency expulsion”, but may result in other disciplinary actions depending on the facts of each individual case. In most situations involving dangerous weapons, there is a need to remove the student(s) from school at the time of the event on an “emergency” basis. Building principals have the authority to remove student(s) from school immediately to investigate offenses regarding dangerous weapons. Referral will be made to a law enforcement agency, if warranted. Staff Responsibility: Report to the office immediately. Administrative Responsibility: Contact police if warranted, contact parent, and may place student on Emergency Expulsion pending investigation.
Drug and Alcohol Policy: Definitions:
1. Illegal Substance: Any drug, alcohol, controlled or mood altering substance, inhalant, or medication which is not prescribed for the students use by a licensed practitioner according to the districts medication policy.
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2. Drug Paraphernalia: Any item, implement, object, or material employed in the use, possession, transport, or sale of any controlled or mood altering substance as defined by laws and district policy. 3. Breathalyzer Test: If the administration has reason to believe that the student is under the influence of alcohol, a breathalyzer test will be given. The following actions shall be imposed for possession, use, or being under the influence of illegal substances, inhalants, or manufacturing/possession of drug paraphernalia during regular school hours, on school premises, or at school sponsored events. First Offense: Staff Responsibility: Escort student to the office, fill out discipline referral form. Administrative Responsibility: Contact police, contact parents: a. Immediate Emergency Expulsion, if warranted. b. If the student completes a drug/alcohol assessment through the school assistance program, or by an approved community agency, at the student’s expense, and complies with the recommendations of the assessment, the short-term suspension will be placed at five (5) school days. c. If the student does not comply with the assessment or refuses to have the intervention there will be a fifteen (15) day long-term suspension assigned. d. Parent/guardian/student conference with administration prior to the student returning to school. e. Student placed on a behavior contract. f. Mandatory referral to law enforcement agency by the administrator. Second Offense: Staff Responsibility: Escort student to the office and fill out discipline referral form. Administrative Responsibility: Contact police, contact parents: a. Long term suspension of not less than 45 days, or for the remainder of the semester and/or emergency expulsion, if necessary to maintain safety. b. Mandatory referral to law enforcement agency by the administrator. c. If a student wishes to have the long-term suspension reduced, evidence of having completed a drug/alcohol assessment by an approved community agency, at the student’s expense, and compliance with the recommendations needs to be in evidence. The following actions shall be imposed for the sale or delivery of illegal substances or paraphernalia during regular school hours, on school premises, or at school sponsored events: Staff Responsibility: Escort student to the office and fill out discipline referral form. Administrative Responsibility: Contact police, contact parents, and place student on emergency Expulsion pending investigation. If student is found guilty of the offense, student will be placed on step 4 or 6 on the discipline ladder, depending on the severity of the infraction.
Drug related clothing, artwork, jewelry, or symbols will not be allowed to be drawn, copied or worn at school: Glorification Pictures Staff Responsibility: Intervene, send student to office, fill out disciplinary referral. Administrative Responsibility: Contact parent, place on discipline ladder, steps 2-6.
Electronic Devices: All extraneous devices, including cell phones, smart phones, tablet PCs, mobile presenters, wireless tablets, digital recorders, iPods, MP3 players, texting calculators, camera phones, digital cameras, laptop computers, as well as any other personal device that could interfere with teaching and learning, are not to be used in the classroom or during class time unless the teacher permits their use for a class-related purpose. In particular, cell phones are to be silenced and headphones are to be stored away. The use of a cell phone or any electronic devices during any exam other than those approved by the teacher is strictly prohibited. Staff Responsibility: Report to the office, fill out disciplinary referral. Administrative Responsibility: First Offense: Confiscation of property until the end of the school day. Second Offense: Parent notification and/or confiscation of property. Place on disciplinary ladder, steps 1-2. Third Offense: Parent notification and/or confiscation of property. Place on disciplinary ladder, steps 1-6.
Failure to Follow Reasonable Directions of School Personnel - Insubordination, Defiance of Authority, Disrespect, Refusing to Identify Self or Others: Students may not show disrespect for a teacher or adult, disrupt classes, show insubordination, refuse to comply with an adult request, blatant disrespect for school authority, or show behavior directed toward an adult or another student in school demonstrating aggression, vulgar language, or indecent gestures. Staff Responsibility: Escort to the office, fill out discipline referral form. Administrative Responsibility: Conference with student, contact parent, place on discipline ladder, steps 1-6.
False Alarms: Falsely reporting a fire or bomb on school property.
Staff Responsibility: Report to office, escort to office if possible, fill out discipline referral form.
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Administrative Responsibility: Conference with student, contact parent and police, and place student on Emergency Expulsion pending investigation. Following investigation place on discipline ladder, steps 3-6.
Fighting: As a general rule, when two students are in a fight, fault can be found on both sides. Therefore, both students will receive appropriate disciplinary consequences determined by an administrator. Staff Responsibility: Intervene, escort to the office, fill out discipline referral form. Administrative Responsibility: Conference with student, contact parent, contact police, if warranted, and place student on Emergency Expulsion pending investigation (see Memorandum of Understanding).
Freedom of Speech and Assembly: students are entitled to verbally express their personal opinions. Such verbal opinions shall not interfere with the freedom of others to express themselves. The use of obscenities or personal attacks is prohibited. All student meetings in school buildings or on school grounds may function only as a part of the formal educational process as authorized by the administration. Staff Responsibility: Intervene, escort to the office, fill out discipline referral form. Administrative Responsibility: Conference with student, contact parent, place on discipline ladder, step 1-5.
Gang Activities Policy: Affiliation with a gang, gang activities, or claiming gang membership by students is considered
exceptional misconduct. Gang affiliation or alleging gang membership has been found to be a form of intimidation to the student body and is disruptive to the educational process. Corrective action ranging from short-term suspension or long-term suspension with loss of semester credit will be imposed upon those students who are gang members or make such claims. Students wearing sagging pants, flying colors, using gang terms, wearing bandannas, displaying gang hand signals, etc., will be placed under this policy. Staff Responsibility: Report to the office, fill out discipline referral form. Administrative Responsibility: Conference with student, contact parent, police if necessary and place on discipline ladder, step 1-6.
Inappropriate Behavior: Disruptive behavior or inappropriate conduct during regular school hours, school activities
(including assemblies), field trips, and overnight trips is prohibited. Depending on the magnitude of the offense, in some situations (food fights, large scale class or campus disruptions, crowd conduct at school contests or events, or any exceptional misconduct, etc.) the school may elect to go immediately to higher level consequences such as a short-term suspension for a first offense. Excessive public display of affection is also subject to disciplinary action. In addition, the exhibiting of behavior or gestures which symbolize gang membership, or causing or participating in activities, which intimidate, or affect the attendance of another student at a school or at a school sponsored event is prohibited. Staff Responsibility: Report to the office, escort to office if possible, and fill out discipline referral form. Administrative Responsibility: Conference with student, contact parent, contact police if necessary, and place on discipline ladder, step 1-6.
Inappropriate Dress: It is an established fact that the attire of students has an important influence on the attitude toward
learning within any school. Although matters of taste should appropriately be left up to students and their parents, we feel a strong responsibility as a school to provide recommended guidelines for parents and students to use in determining what is and is not appropriate. The key guideline is that dress and grooming should never interfere with anyone’s right to learn or teach or endanger health or safety. Where the nature of a learning activity rules out certain modes of dress and grooming because of health or safety, appropriate standards will be developed and made available to students involved in those activities. The following general guidelines are designed to allow enough room for individual expression: 1. Shoes must be worn at all times. 2. An adequate coverage of the body is required. Halter tops, midriff baring or otherwise revealing tops are inappropriate, as are very short shirts/shorts. 3. Clothing decorated or marked with illustrations, words, or phrases, which are vulgar or obscene or promote behavior, which violates school conduct standards, is not allowed. 4. Shorts are allowed as school attire, provided they are of the tailored walking short variety, loose fitting, and of appropriate length for classroom wear. 5. Clothing needs to be clean and neat. 6. Hats and sunglasses are not to be worn in the classroom. They may be worn outside the classroom setting. 7. Exceptions to this policy are allowed in PE areas only. 8. Student’s pants or shorts should be worn to adequately cover the body and undergarments (excessive sagging or baggy pants are not allowed at school). Staff Responsibility: Report to the office, escort to office if necessary, and fill out discipline referral form. Administrative Responsibility: In cases of obvious inappropriateness, contact parents. When dress or grooming clearly disrupts learning or presents a health or safety hazard, the student will be required to change attire prior to returning to class. Place on discipline ladder, steps 1-6.
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Profanity: Language found to be offensive or obscene.
Staff Responsibility: Report to the office and fill out discipline referral form. Administrative Responsibility: Conference with student, possible parent contact, place on discipline ladder, steps 1-4.
Search and Seizure: The following rules shall apply to the search of school property assigned to a specific student (locker,
desk, etc.) and the seizure of items in his/her possession: 1. General searches of school property may be conducted at any time. 2. Any search of a student and/or an area assigned to a student would be for a specific item and based on reasonable suspicion. 3. Illegal items (firearms, weapons, drugs, drug paraphernalia or other possessions reasonably determined to be a threat to the safety or security of others will be seized by school authorities and referred to a law enforcement agency.) 4. Items, which are used to disrupt or interfere with the educational process, may be removed from the student’s possession.
Smoking, Chewing, or Possession of Tobacco Products: The B-E School District is a smoke and tobacco free environment, mandated by state and federal law. It is prohibited for minors or adults to use tobacco products anywhere in the school facility or on campus. Staff Responsibility: Report to the office and fill out discipline referral form. Administrative Responsibility: Conference with student, contact parent, place on discipline ladder, steps 1-6.
Student Conduct on Buses
All school rules apply when students are riding a school bus. When there is a violation of school rules on a school bus the following discipline may result: 1. Bus driver advises student of expected behavior and potential discipline 2. District personnel contacts parents; report is sent home 3. Student is removed from bus for up to five (5) days 4. Student is removed from bus for extended period (over five (5) days) 5. Student is removed from bus for the remainder of semester or school term
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NONDISCRIMINATION Burlington-Edison School District does not discriminate in any programs or activities on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups. The following employee(s) has been designated to handle questions and complaints of alleged discrimination:
• • •
Civil Rights Coordinator, Dr. Jeffery A. Drayer, jdrayer@be.wednet.edu (360-757-3311) Title IX Officer, Dr. Jeffery A. Drayer, jdrayer@be.wednet.edu (360-757-3311) Section 504 Coordinator, Jeff Brown, jbrown@be.wednet.edu (360-757-3311)
Address: 927 E. Fairhaven Avenue, Burlington, WA 98233 You can report discrimination and discriminatory harassment to any school staff member or to the district's Civil Rights Coordinator, listed above. You also have the right to file a complaint (see below). For a copy of your district’s nondiscrimination policy and procedure 3210, contact your school or district office or view it online here: https://www.be.wednet.edu/Page/79 SEXUAL HARASSMENT Students and staff are protected against sexual harassment by anyone in any school program or activity, including on the school campus, on the school bus, or off-campus during a school-sponsored activity. Sexual harassment is unwelcome behavior or communication that is sexual in nature when: • A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision, or • The conduct substantially interferes with a student's educational performance, or creates an intimidating or hostile educational or employment environment. You can report sexual harassment to any school staff member or to the district's Title IX Officer, who is listed above. You also have the right to file a complaint (see below). For a copy of your district’s sexual harassment policy and procedure 6590, contact your school or district office, or view it online here: https://www.be.wednet.edu/Page/269
COMPLAINT OPTIONS: DISCRIMINATION AND SEXUAL HARASSMENT If you believe that you or your child have experienced unlawful discrimination, discriminatory harassment, or sexual harassment at school, you have the right to file a complaint. Before filing a complaint, you can discuss your concerns with your child’s principal or with the school district’s Section 504 Coordinator, Title IX Officer, or Civil Rights Coordinator, who are listed above. This is often the fastest way to revolve your concerns. Complaint to the School District Step 1. Write Out Your Complaint In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing. Be sure to describe the conduct or incident, explain why you believe discrimination, discriminatory harassment, or sexual harassment has taken place, and describe what actions you believe the district should take to resolve the problem. Send your written complaint—by mail, fax, email, or hand delivery—to the district superintendent or civil rights compliance coordinator. Step 2: School District Investigates Your Complaint Once the district receives your written complaint, the coordinator will give you a copy of the complaint procedure and make sure a prompt and thorough investigation takes place. The superintendent or designee will respond to you in writing within 30 calendar days—unless you agree on a different time period. If your complaint involves exceptional circumstances that demand a lengthier investigation, the district will notify you in writing to explain why staff need a time extension and the new date for their written response.
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Step 3: School District Responds to Your Complaint In its written response, the district will include a summary of the results of the investigation, a determination of whether or not the district failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring the district into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response—unless you agree to a different time period.
Appeal to the School District If you disagree with the school district’s decision, you may appeal to the school district’s board of directors. You must file a notice of appeal in writing to the secretary of the school board within 10 calendar days after you received the school district’s response to your complaint. The school board will schedule a hearing within 20 calendar days after they received your appeal, unless you agree on a different timeline. The school board will send you a written decision within 30 calendar days after the district received your notice of appeal. The school board’s decision will include information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI). Complaint to OSPI If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with the Office of Superintendent of Public Instruction (OSPI). This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint and appeal process, or (2) the district has not followed the complaint and appeal process correctly. You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI: Email: Equity@k12.wa.us ǀ Fax: 360-664-2967 Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200 For more information, visit www.k12.wa.us/Equity/Complaints.aspx, or contact OSPI’s Equity and Civil Rights Office at 360-7256162/TTY: 360-664-3631 or by e-mail at equity@k12.wa.us. Other Discrimination Complaint Options Office for Civil Rights, U.S. Department of Education 206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr Washington State Human Rights Commission 1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov
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