WHAT IS OUR ROLE OR JUST WHAT DO WE DO?

ROBERT D. TALLEY

• Director, Pupil Places and Student Conduct

• E-mail: Robert_Talley@ccpsnet.net

CHAD A. KNOWLES, Ed. D.

• Coordinator for Student Conduct

• E-mail: Chad_Knowles@ccpsnet.net

THEODORE REYNOLDS

• Coordinator for Student Conduct

• E-mail: Theodore_Reynolds@ccpsnet.net

OFFICE FOR STUDENT CONDUCT • AN ENVIRONMENT CONDUCIVE TO LEARNING MUST BE FREE FROM CONFLICT,

THREATS OF DANGER, AND UNDUE DISRUPTION.

• THE MISSION OF THE OFFICE FOR STUDENT CONDUCT IS TO COORDINATE THE SCHOOL DIVISION’S EFFORT FOR MAINTAINING A HIGH STANDARD OF STUDENT CONDUCT IN AN EFFORT TO ENSURE THAT EDUCATION IS PROVIDED IN AN ATMOSPHERE THAT IS CONDUCTIVE TO LEARNING, FREE OF DISRUPTION AND THREAT TO PERSON OR PROPERTY, AND SUPPORTIVE OF INDIVIDUAL RIGHTS.

• THE OFFICE FOR STUDENT CONDUCT IMPLEMENTS SCHOOL BOARD POLICY, 4010-R, THE STANDARDS FOR STUDENT CONDUCT THROUGH THE ACCOMPLISHMENT OF THE FOLLOWING GOALS:

GOALS • TO UPHOLD HIGH ACADEMIC STANDARDS FOR STUDENTS BY ASSISTING SCHOOLS

WITH PROVIDING A SAFE ENVIRONMENT THAT IS CONDUCIVE TO LEARNING AND FREE FROM DISRUPTIONS.

• TO PROVIDE SUPPORT SERVICES THAT ADDRESS THE NEEDS OF BOTH INTERNAL AND EXTERNAL PUBLIC WITH REGARD TO IMPLEMENTING THE STANDARDS FOR STUDENT CONDUCT.

• TO ESTABLISH GUIDELINES FOR STUDENT CONDUCT THAT IS ACCEPTABLE AND APPROPRIATE WITHIN THE SCHOOL ENVIRONMENT.

• TO ESTABLISH GUIDELINES AND PROCEDURES TO HELP ENSURE THAT THE STANDARDS FOR STUDENT CONDUCT ARE MANAGED EFFECTIVELY, CONSISTENTLY, EFFICIENTLY, AND LEGALLY AS SET FORTH IN SCHOOL BOARD POLICY 4010-R.

OTHER PERSPECTIVES • RECEIVES, REVIEWS AND RECORDS SUSPENSIONS AND APPEALS REGARDING

DISCIPLINE;

• SCHEDULES HEARINGS AND COORDINATES MEETING TIMES AND LOCATION;

• CONDUCTS APPEAL HEARINGS AND APPROVES OR DENIES APPEAL;

• RECEIVES AND PREPARES INFORMATION REGARDING SCHOOL BOARD HEARINGS AND APPEALS/ORGANIZES DOCUMENTS FOR HEARINGS/ACTS AS A FACILITATOR;

• ORGANIZES AND SITS WITH SCHOOL BOARD APPEAL PANELS FOR STUDENTS AND PARENTS WHO FILE GRIEVANCES;

• SUPERVISES SUPPORT STAFF.

REALITY PLUS • EXCEPTIONAL EDUCATION

• COUNSELOR TO PARENTS/STUDENTS/STAFF

• POLICY AND LAW

• RELATIONSHIP WITH MANY OUTSIDE AGENCIES

• PROBATION OFFICER/COURT SERVICES UNIT/LAW ENFORCEMENT/DETENTION CENTER STAFF

• HEALTH PROFESSIONALS/ALTERNATIVE EDUCATION.

• JUDGES/ATTORNEY/MENTAL HEALTH PROFESSIONALS

• OTHER SCHOOL DIVISION HEARING OFFICERS

• ON AND ON AND ON !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

TRUE ROLE

•HELP SOMEBODY • FIND A WAY WITHIN THE RULES TO SUPPORT THE SCHOOL/ CHILD AND FAMILY

STAYING WITHIN SCHOOL BOARD POLICY/ SCHOOL DIVISION PRACTICES AND THE LAW.

• WHEN STUDENTS AND THEIR FAMILIES GET TO OUR OFFICES THINGS ARE A MESS.

• ALL OF US WHO HAVE ROLES IN SCHOOL DIVISIONS ARE RESPONSIBLE FOR DISCIPLINE.

• STUDENTS ARE ENTITLED TO EDUCATIONAL SERVICE.

OH NO! HOW COULD THIS HAPPEN? WHAT SHOULD I DO? SUSPENSION/EXPULSION!!!! •SOME PARENTS KNOW MORE ABOUT THE

DISCIPLINE PROCESS AND PROCEDURES THAN THEY WANT TO.

•SOME HAVE NO UNDERSTANDING. •OTHERS JUST IGNORE THEM.

VIRGINIA LAW AND REGULATIONS

• THE IMPORTANCE OF ENSURING THAT SCHOOLS ARE SAFE AND CONDUCIVE TO LEARNING IS REFLECTED IN NUMEROUS LAWS ENACTED BY THE VIRGINIA GENERAL ASSEMBLY AND REGULATIONS ESTABLISHED BY THE VIRGINIA BOARD OF EDUCATION. AMONG OTHER RESPONSIBILITIES, LOCAL SCHOOL BOARDS ARE REQUIRED TO:

VIRGINIA LAW AND REGULATIONS • ESTABLISH POLICIES “DESIGNED TO PROVIDE THAT PUBLIC EDUCATION BE

CONDUCTED IN AN ATMOSPHERE FREE OF DISRUPTION AND THREAT TO PERSONS OR PROPERTY AND SUPPORTIVE OF INDIVIDUAL RIGHTS” (§22.1-253.13:7.D.3, CODE OF VIRGINIA)

• ADOPT CODES OF STUDENT CONDUCT AND PROCEDURES FOR SUSPENSION AND EXPULSION (§22.1-279.6.B, CODE OF VIRGINIA)

• DEVELOP PROGRAMS TO PREVENT VIOLENCE AND CRIME ON SCHOOL PROPERTY AND AT SCHOOL SPONSORED EVENTS. (§22.1-279.9, CODE OF VIRGINIA)

REGULATIONS ESTABLISHING STANDARDS FOR ACCREDITING PUBLIC SCHOOLS IN VIRGINIA STATE THAT:

• PRINCIPALS ARE RESPONSIBLE FOR EFFECTIVE SCHOOL MANAGEMENT THAT PROMOTES “A SAFE AND SECURE ENVIRONMENT IN WHICH TO TEACH AND LEARN.” PRINCIPALS MUST “ENSURE THAT THE SCHOOL DIVISION’S STUDENT CODE OF CONDUCT IS ENFORCED AND SEEK TO MAINTAIN A SAFE AND SECURE SCHOOL ENVIRONMENT.”

• ADMINISTRATORS MUST ALSO ENSURE “A WRITTEN PROCEDURE. . . FOR RESPONDING TO VIOLENT, DISRUPTIVE OR ILLEGAL ACTIVITIES BY STUDENTS ON SCHOOL PROPERTY OR DURING SCHOOL SPONSORED ACTIVITY.” (SECTION 8 VAC 20-131-210.A AND B AND 20-131-260.C.3)

THE ROLE OF SCHOOL PRINCIPALS

• SCHOOL ADMINISTRATORS HAVE THE RESPONSIBILITY FOR CARRYING OUT POLICIES ESTABLISHED BY THE LOCAL SCHOOL BOARD.

• AT THE SCHOOL LEVEL, PRINCIPALS HAVE PRIMARY RESPONSIBILITY FOR ENFORCING THE STUDENT CODE OF CONDUCT.

• PRINCIPALS ARE AUTHORIZED BY LOCAL SCHOOL BOARDS TO IMPOSE A BROAD RANGE OF DISCIPLINARY ACTIONS SUCH AS IN-SCHOOL SUSPENSION, AFTER-SCHOOL DETENTION, SUSPENSION OF CERTAIN PRIVILEGES, AND OUT-OF-SCHOOL SUSPENSION FOR UP TO TEN DAYS.

THE ROLE OF THE SUPERINTENDENT/DISCIPLINARY HEARING OFFICER • AT THE SCHOOL DIVISION LEVEL, THE SUPERINTENDENT ADMINISTERS DISCIPLINE

POLICY.

• IN MOST SCHOOL DIVISIONS THERE IS A SUPERINTENDENT’S DESIGNEE WHO TYPICALLY CONDUCTS DISCIPLINARY HEARINGS,

• HAS AUTHORITY TO SUSPEND FOR MORE THAN TEN DAYS, INVESTIGATES INCIDENTS, AND PREPARES RECOMMENDATIONS FOR ACTION BY THE SCHOOL BOARD.

• VIRGINIA LAW DEFINES THE DESIGNEE AS A “(I)TRAINED HEARING OFFICER OR (II) PROFESSIONAL EMPLOYEE WITHIN THE ADMINISTRATIVE OFFICES OF THE SCHOOL DIVISION WHO REPORTS DIRECTLY TO THE DIVISION SUPERINTENDENT AND WHO IS NOT A SCHOOL BASED INSTRUCTIONAL OR ADMINISTRATIVE EMPLOYEE” (§22.1-276.01.B, CODE OF VIRGINIA).

THE ROLE OF LOCAL SCHOOL BOARDS

• IN ACCORDANCE WITH VIRGINIA LAWS AND REGULATIONS, ONLY LOCAL SCHOOL BOARDS HAVE THE AUTHORITY TO ESTABLISH STUDENT CONDUCT POLICIES AND PROCEDURES, OFTEN REFERRED TO AS “DISCIPLINE POLICIES.”

• FINAL ADMINISTRATIVE AUTHORITY FOR ALL DISCIPLINARY MATTERS RESTS WITH LOCAL SCHOOL BOARDS

• SCHOOL BOARDS DETERMINE HOW AND UNDER WHAT CIRCUMSTANCES A DISCIPLINARY ACTION MAY BE APPEALED.

• ONLY A LOCAL SCHOOL BOARD HAS THE AUTHORITY TO EXPEL A STUDENT FROM SCHOOL.

STUDENT AND PARENT RESPONSIBILITIES AND RIGHTS

•THE MORE WE DISCUSS THIS TOPIC AND THE MORE INFORMATION WE GIVE PARENTS THE BETTER IT IS FOR EVERYONE

PARENT RESPONSIBILITIES

• VIRGINIA LAW STATES THAT PARENTS HAVE RESPONSIBILITIES TO “ASSIST THE SCHOOL IN ENFORCING THE STANDARDS OF STUDENT CONDUCT AND COMPULSORY SCHOOL ATTENDANCE” (§22.1-279.3, CODE OF VIRGINIA). WITHIN

RESPONSIBILITIES OF PARENTS

• A PARENT IS REQUIRED TO PROVIDE TO THE SCHOOL INFORMATION CONCERNING CRIMINAL CONVICTIONS OR DELINQUENCY ADJUDICATIONS FOR SERIOUS CRIMES LISTED IN §16.1-260, CODE OF VIRGINIA SUCH AS FIREARMS OFFENSES, ASSAULTS, DRUG-RELATED OFFENSES, BURGLARY, ROBBERY, OR GANG ACTIVITY (§22.1-3.2.A AND B, CODE OF VIRGINIA).

INFORM PARENTS OF BEHAVIOR EXPECTATIONS

• AT THE BEGINNING OF EACH SCHOOL YEAR, BE SURE TO GIVE EACH CHILD A WRITTEN COPY OF THE STUDENT CODE OF CONDUCT THAT HAS BEEN APPROVED BY THE LOCAL SCHOOL BOARD. FIRST THIRTY DAYS OF SCHOOL

• BE SURE RULES ARE LISTED IN SCHOOL HANDBOOKS, AND CLASSROOM RULES POSTED IN CLASSROOMS AND REVIEWED BY TEACHERS ON THE FIRST DAY OF SCHOOL.

• NEED TO BE AVAILABLE IN SEVERAL LANGUAGES

PARENT RESPONSIBILITIES • VA. LAW STATES THAT PARENTS HAVE RESPONSIBILITY TO

"ASSIST THE SCHOOL IN ENFORCING THE STANDARDS FOR STUDENT CONDUCT” (22.1-279.3)

• PARENT IS REQUIRED TO SIGN FORM ACKNOWLEDGING RECEIPT OF MATERIALS WHICH INCLUDE NOTICE THAT BY SIGNING THE STATEMENT OF RECEIPT, PARENTS ARE NOT GIVING UP RIGHTS

• THE NOTICE ALSO INFORMS PARENTS OF THE RIGHT TO EXPRESS DISAGREEMENT WITH A SCHOOL OR SCHOOL DIVISION’S POLICIES

PARENT RESPONSIBILITIES • VA. LAW STATES THAT PARENTS HAVE RESPONSIBILITY TO "ASSIST THE

SCHOOL IN ENFORCING THE STANDARDS FOR STUDENT CONDUCT” (22.1-279.3)

• PARENT IS REQUIRED TO SIGN FORM ACKNOWLEDGING RECEIPT OF MATERIALS WHICH INCLUDE NOTICE THAT BY SIGNING THE STATEMENT OF RECEIPT, PARENTS ARE NOT GIVING UP RIGHTS

• THE NOTICE ALSO INFORMS PARENTS OF THE RIGHT TO EXPRESS DISAGREEMENT WITH A SCHOOL OR SCHOOL DIVISION’S POLICIES

REMIND PARENTS •TO REVIEW THE CODE OF CONDUCT WITH THEIR CHILD

TO ENSURE THEY UNDERSTAND THE RULES AND CONSEQUENCES

•TO READ CAREFULLY THE SCHOOL DIVISIONS NOTICES TO PARENTS REGARDING THEIR RIGHTS AND RESPONSIBILITIES

QUESTIONS PARENTS ASK OUR OPPORTUNITY TO EDUCATE AND ASSIST

• CAN MY CHILD BE SPANKED?

• NO

• VIRGINIA LAW STATES ‘NO TEACHER, PRINCIPAL OR OTHER PERSON EMPLOYED BY A SCHOOL BOARD SHALL SUBJECT A STUDENT TO CORPORAL PUNISHMENT (22.1-279.1)

• WHAT DOES THE LAW AGAINST CORPORAL PUNISHMENT NOT PREVENT STAFF FROM ENGAGING IN

DIFFERENCE BETWEEN SUSPENSION AND EXPULSION • SHORT TERM-10

• LONG TERM-10/364

• EXPULSION-365

• STUDENTS MAY BE SUSPENDED OR EXPELLED FOR ACTS OFF OF SCHOOL PROPERTY/COURT JUDGEMENTS/CONVICTION OF SERIOUS CRIMES/FELONIES

STUDENTS MAY BE SUSPENDED OR EXPELLED FOR ACTS OFF OF SCHOOL PROPERTY • ALTHOUGH THE OVERWHELMING MAJORITY OF SUSPENSIONS AND EXPULSIONS

RESULT FROM ACTS AT SCHOOL OR SCHOOL-SPONSORED ACTIVITIES, A STUDENT MAY BE SUSPENDED OR EXPELLED ALSO FOR ACTS OFF SCHOOL PROPERTY WHEN THE ACTS LEAD TO A COURT JUDGMENT OF DELINQUENCY, A CONVICTION FOR VERY SERIOUS CRIMES, OR A CHARGE THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT

• THESE LAWS WERE ENACTED BY THE VIRGINIA GENERAL ASSEMBLY WITH THE INTENT OF PROTECTING STUDENTS FROM OTHERS WHO HAVE COMMITTED VIOLENCE OR OTHER SERIOUS CRIMES (§22.1-277, §16.1-305.1, AND §16.1-260, CODE OF VIRGINIA)

WHO HAS AUTHORITY TO SUSPEND MY CHILD FROM SCHOOL?

• THE SCHOOL PRINCIPAL OR ASSISTANT PRINCIPAL HAS THE AUTHORITY TO SUSPEND STUDENTS OUT-OF-SCHOOL FOR UP TO TEN DAYS

• THE SUPERINTENDENT OR DESIGNEE, TYPICALLY CALLED A “DISCIPLINARY HEARING OFFICER” AND APPOINTED BY THE SCHOOL BOARD, MAY SUSPEND A STUDENT FOR MORE THAN TEN DAYS

• ONLY A SCHOOL BOARD HAS THE AUTHORITY TO EXPEL A STUDENT

VIRGINIA LAW PERMITS

• VIRGINIA LAW PERMITS SCHOOLS TO SUSPEND AND EXPEL STUDENTS FOR “SUFFICIENT CAUSE,” DEFINED BY SCHOOL BOARD POLICY (§22.1-277, CODE OF VIRGINIA)

• THE STUDENT CONDUCT POLICY ESTABLISHED BY THE SCHOOL BOARD LISTS THE OFFENSES FOR WHICH A STUDENT CAN BE SUSPENDED OR EXPELLED

WHAT ARE MY CHILD’S RIGHTS IF HE OR SHE IS ACCUSED OF BREAKING A SCHOOL RULE

• AT THE HEART OF THE SCHOOL DISCIPLINE PROCESS ARE REQUIREMENTS FOR “DUE PROCESS.” THIS MEANS THE CHILD HAS THE RIGHT TO BE TREATED FAIRLY BY PEOPLE WHO ARE IN POSITIONS OF AUTHORITY, SUCH AS SCHOOL ADMINISTRATORS, TEACHERS, AND THE POLICE.

• CHILD MUST BE TOLD THE SPECIFIC VIOLATION HE OR SHE IS SAID TO HAVE COMMITTED AND GIVEN AN OPPORTUNITY TO PRESENT HIS OR HER VERSION OF WHAT OCCURRED.

• IF THE SCHOOL ADMINISTRATOR DETERMINES THE CHILD DID, INDEED, COMMIT A VIOLATION AND IMPOSES DISCIPLINARY CONSEQUENCES, ADDITIONAL RIGHTS APPLY.

SELF DEFENSE

•LOCAL BOARD DETERMINES POLICY

•YOUR CODE OF CONDUCT MAY ADDRESS SELF DEFENSE AS A FACTOR BUT IS NOT REQUIRED TO ADDRESS THE ISSUE

QUESTIONS/QUESTIONS/QUESTIONS • WHAT ARE MY CHILD’S RIGHTS WHEN ACCUSED OF BREAKING A SCHOOL RULE?

• WILL MY CHILD BE ABLE TO KEEP UP WITH HIS OR HER CLASS ASSIGNMENTS WHILE SUSPENDED?

• WILL ALTERNATIVE EDUCATION PROGRAMS BE PROVIDED IF MY CHILD IS EXPELLED?

• WHAT OFFENSE CAN RESULT IN EXPULSION?

• WHY WERE THE POLICE CALLED WHEN MY CHILD GOT IN TROUBLE AT SCHOOL?

• MY CHILD HAS AN IEP, ARE THEY SUBJECT TO THE SAME DISCIPLINARY PROCEDURES AS A CHILD WITHOUT A DISABILITY ?

ANSWERS • DUE PROCESS

• UP TO LOCAL SCHOOL BOARD POLICY

• BOARD POLICY

• FIREARMS OR OTHER DESTRUCTIVE DEVICES, DRUGS, SEVERAL OTHERS

• DRUGS

• SEVERAL OTHERS

• ANOTHER ACTION IS APPROPRIATE

• SEVERAL OFFENSES REQUIRE REPORTING

• YES WITH ADDITIONAL PROTECTIONS

STUDENT REMOVAL FROM CLASS BY TEACHER

•TEACHERS HAVE INITIAL AUTHORITY TO REMOVE A CHILD FROM A CLASSROOM FOR DISRUPTIVE BEHAVIOR

•DISRUPTIVE BEHAVIOR IS DEFINED AS “CONDUCT THAT INTERRUPTS OR OBSTRUCTS THE LEARNING ENVIRONMENT” (§22.1-276.2, CODE OF VIRGINIA)

THE LOCAL SCHOOL BOARD POLICY WILL SPECIFY EACH OF THE FOLLOWING

• THE CRITERIA FOR REMOVAL AND REQUIREMENTS FOR REPORTING REMOVALS TO SCHOOL ADMINISTRATORS

• PROCEDURES FOR NOTIFYING PARENTS OF ANY INCIDENT REPORTED

• GUIDELINES FOR ALTERNATIVE ASSIGNMENT AND INSTRUCTION OF A STUDENT WHO IS REMOVED

• THE DURATION OF THE REMOVAL

• PROCEDURES FOR RETURNING TO CLASS

THE YEAR IN REVIEW: 2015-2016

Enrollment Suspended % of Enrollment

Total 18,948 2,702 14.8%

White 11,203 1,031 9.2%

Black 5,392 1,534 28.4%

SWD 2,353 957 40.7%

This is Why WE NEED ALTERNATIVE FORMS OF DISCIPLINE

• Overuse and disproportional use of suspension has doubled since the 1970’s.

• Almost 80% of suspensions are discretionary or in the negotiable category of inappropriate or disruptive behavior.

• Students with Disabilities have twice the suspension rate as students without disabilities.

• African-American students are three times more likely to be suspended than students of other races.

Unnecessary suspensions will lead to

• ALIENATION AND DISENGAGEMENT

• SIGNIFICANT GAPS IN LEARNING AND SKILL BUILDING

• INCREASED DROP-OUT RATES

• SIGNIFICANT LOSS OF INSTRUCTIONAL TIME

• UNSUPERVISED TIME AT HOME DURING SCHOOL HOURS PUTS STUDENTS AT HIGHER RISK OF COMMITTING CRIMES

Levels of Progressive Interventions and Responses

Responding to behavior that detracts from learning: • Involves interventions and responses that redirect the inappropriate behavior; • Has the intent to bring about a positive change in student behavior; • As academic instruction is individualized, disciplinary guidelines should be

broad enough to allow for extenuating circumstances, student differences, and educational resources.

Interventions and Responses

• Administrators should exercise judgement based on evidence from investigations as to whether a student’s action is a violation of the code of conduct.

• Violations may occur at school, on school grounds, school parking lots, busses or at school sponsored activities, going to and returning from school, outside of school hours/off grounds.

• Six levels of interventions and responses have been developed for violations of the Standards for Student Conduct and Attendance.

• These interventions and responses have been developed to use as a guide to help change behaviors and develop traits of good citizenship/teachers and administrators

Discipline Should Be Progressive •The first violation should result in the lowest possible level of

consequences.

•All factors should be considered and taken into account.

•Find a balance between eliminating disruptive behavior and maximizing instructional time.

•If the conduct is dangerous and it threatens the safety of others, then a more severe discipline response is warranted.

Facts To Be Considered • STUDENT’S AGE AND DEVELOPMENT

• SEVERITY OF BEHAVIOR/LEVEL OF HARM

• IMPACT ON SCHOOL COMMUNITY

• STUDENT’S UNDERSTANDING OF IMPACT OF THEIR BEHAVIOR

• HOW THE BEHAVIOR IMPACTED THE SAFETY OF OTHER STUDENTS OR STAFF

• STUDENT’S PRIOR RECORD

• STUDENT’S WILLINGNESS TO ACCEPT RESPONSIBILITY/REPAIR HARM

• STUDENT’S IEP,BIP,504

• FREQUENCY AND DURATION OF THE BEHAVIOR

Office Of Civil Rights (OCR) and the Principal’s role

• Must investigate all complaints;

• Be thorough in your investigation;

• Gather witness statements from both students and staff;

• Review the statements for accuracy;

• Look at bullying, harassment based on race, religion or sexual orientation;

• Follow specific guidelines for investigation, documentation and communication;

• Document-Document-Document.

Bullying 22.1-276.01

• Bullying” - any aggressive and unwanted behavior that is intended to harm or humiliate the victim, involves a real or perceived power imbalance between the aggressor and victim and is repeated over time or causes severe emotional trauma.

• “Bullying” - includes behavior motivated by a real or perceived differentiating characteristic of the victim and cyber bullying. It does NOT include ordinary teasing, horseplay, argument or peer conflict.

• Do Not Ignore – must investigate.

• Make it clear this is unacceptable behavior in our schools.

• Bullying can be dangerous and have long term effects on the victim.

Alternatives to OSS • Teach expectations • Alternative placement • Community service • Confiscation of prohibited item • Counseling • Before & after school detention • ISD • Exclusion from class • Special assignments • Suspension form extracurricular activities • Restorative practices

EDUCATE EVERY CHILD EVERYDAY FOR A BETTER TOMORROW!!!!! THANK YOU!