Lodi Unified School District Prevention & Intervention Programs & Discipline Incident Procedures
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Transcript of Lodi Unified School District Prevention & Intervention Programs & Discipline Incident Procedures
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Lodi Unified School District
Prevention & Intervention Programs & Discipline Incident Procedures
Board of Education Study SessionTuesday, October 27, 2009
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Presenters
Dan Faith, Manlio Silva Elementary School Principal Harold Brown, Mosher Elementary School Principal Jacquelyn Hodge, Delta Sierra Middle School Vice
Principal Randy Malandro, Christa McAuliffe Middle School
Principal Daryl Camp, Bear Creek High School Principal Erik Sandstrom, Tokay High School Principal Bob Gire, Coordinator of Child Welfare & Attendance Irvin Jefferson, Coordinator, Community Relations &
Prevention Services
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Prevention & Intervention Programs
Grades Pre K-12
School Resource Officers Peace Keepers Assets/Youth Development Counseling/Early Intervention Family/Community Collaboration Prevention Assemblies/Speakers Behavior Contracts Red Ribbon Celebration G.R.E.A.T. (Gang Resistance Education and Training )
Program
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Prevention & Intervention Programs (con’t)
Grades 7-12 Great American Smokeout Drug Dogs Counseling Services
Grades 9-12 Every 15-Minutes Friday Night Live Sober Grad Night (CHP LINK Crew/Freshman Connection Mix It Up Day S.P.I.R.I.T. (Student Problem Identification Resolving
It Together)
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Teacher Classroom Management Plan
Conference with Student
Conference with Parent
Suspension from Class
Referral to School Counselor (If available)
Detention
Referral to Administration
Classroom Behavior
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Behavior Outside the Classroom
K-12 Student Conduct Code
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Commonly Used Administrative Actions
Conference with Student
Conference with Parent
Referral to School Counselor (if available)
Recommend Outside of School Counseling
Referral to Community Agency
In School Suspension (If available)
Work Program at School
Community Service
Behavior Contract
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Commonly Used Administrative Actions (con’t)
Truancy Mediation Process/SARB (School Attendance Review Board)
Instructional Support Team /Individual Educational Program
Suspension from School
Notify Probation Officer
Notify Law Enforcement
Transfer to an Alternative Educational Program
Expulsion Recommendation
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Expulsion Process
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Expulsion Infraction
Violation of Education Code 48900 to 48900.7
Board Policy / Rule 5144.1
K-12 Student Conduct Code
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School Administrator
5 Day Suspension
Law Enforcement Notified
Recommendation for Expulsion
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Superintendent’s Designee
• Parent/Student Provided Educational Options Pending the Final Decision
• Parent/Student Have a Right to Respond to the Charges
• Suspension May be Extended if There is a Finding that the Student presents a Danger to Persons or Property or a Threat to Disrupt the Instructional Process
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Expulsion Hearing
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Parents Have a Right To:Be Notified of the Date, Time and Location of the Hearing
The Specific Facts and Charges Upon Which the Expulsion is Based
A Copy of the Disciplinary Rules of the District
Appear in Person or Employ and Be Represented by Legal Counsel or An Adult Non-Attorney Advisor
Inspect and Obtain Copies of All Documents to be Used at the Hearing
Question All Witnesses Who Testify at the Hearing
Question All Other Evidence Presented at the Hearing
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Parents Have a Right To: (con’t)
Present Oral and Documentary Evidence, Including Witnesses at the Hearing
Request a Public Hearing
Request a Postponement of the Hearing Up to 30 Days
Inform Any New District of a Student’s Expelled Status (required)
Know that the Purpose of the Hearing is Fact Finding and to obtain a Recommendation from the Lodi Discipline Review Board
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Board of Education
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Current District Practice
Parents/student are informed that they may appeal an expulsion recommendation in closed session before the Board of Education.
Board Rule 5144.1
Parents/student may only appear before the Board of Education to request a supplementary hearing. A supplementary hearing will beheld only if the Board of Education finds that:
The evidence suggested by the parents/student could not reasonably have been discovered prior to the expulsion hearing, and
A supplementary hearing should be held before the Discipline Review Board to admit such evidence.
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Education Code 48918
Parents/student have the right to appeal a principal’s recommendation for expulsion at the hearing before the Discipline Review Board.
The Education Code does not give parents/student the right to appeal an expulsion recommendation in closed session before the Board of Education.
Pros of Allowing Parents/Student to AppealDirectly to the Board of Education
Although not required by the Education Code, allowing parents/student to appeal an expulsion recommendation in closed session before the Board of Education provides parents/student an additional opportunity to appeal and for members of the Board to be able to ask questions of the parents/student.
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Cons of Allowing Parents/Student to AppealDirectly to the Board of Education
Due process for students pursuant to the California Education Code authorizes the Board of Education to delegate its authority to an administrative panel (Discipline Review Board) to hold a hearing, impartially review all evidence presented by the school, parents, students and then determine findings of fact and whether or not expulsion is warranted.
Due process as described in the California Education Code and also stated in Board Rule 5144.1 does not give parents/student the right to appeal an expulsion recommendation in closed session before the Board of Education.
Allowing parents/student to appeal in closed session before the Board of Education with school representatives present actually creates a “new” hearing with potential due process concerns.
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Board of Education Deliberates in Closed Session and then in Public Session Votes to
Expel or Not to Expel
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San Joaquin County School Board
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Parent May Appeal to the County Board Within 30 Days of the Order to Expel
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Recommendations
Continue to promote a safe, supportive learning environment for all students through the implementation of the District’s Prevention and Intervention Programs and Discipline Incident Procedures
Adhere to the guidelines outlined in Education Code 48918 and Board Rule 5144.1 as they pertain to parent appeals
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Questions &
Discussion