standards and expectations of behavior for students · excluded from the public school or from...

A Handbook for Students, Staff, and Parents

2019/2020

Standards andExpectations ofBehavior forStudents

Office of Student Services

Reviewed and Approved by:

Signature:

Christopher N. Lopez

Title: Director of Student Services

Date Revised: July 2019

School District of Lancaster

Standards and Expectationsof Behavior for Students

TABLE OF CONTENTSStandards of Conduct.........................6

Section 1Student Rights and Responsibilities...7Right to a Free Public Education ..............8

Right to Enroll in a Public School.............8

Responsibility to Attend School ...............9

Responsibility for Maintaining HighStandards of Behavior ..........................9

Right to a Safe School Environment.........9

Right to Non-Discriminatory Practices .....9

Right to Due Process ...............................9

Right to Freedom of Expression .............11

Rights Regarding Flag Salute and thePledge of Allegiance ...........................12

Rights Regarding ConfidentialCommunications ................................12

Rights Regarding Searches.....................12

Section 2Uniform Dress Code ..........................13

Kindergarten through 8th Grade ...........14

Dress and Grooming: 9th through12th Grades .......................................15

Section 3Attendance at School .......................16

Unlawful Absence ..................................17

Habitually Truant ...................................17School Attendance ImprovementConference.........................................17

2

Section 4Standards and Expectationsof Behavior .....................................19

Standard 1. Pursue Excellence as aStudent and Community Member .....20

Standard 2. Model Responsibility andIntegrity .............................................20

Standard 3. Respect Self, Others andProperty .............................................21

Standard 4. Create a Positive, Safe, andDrug Free Learning Environment........24

Section 5General Intervention/DisciplineSequence ............................................27

Tier 1 – Proactive Supports ....................29

Tier 2 and 3 – Interventions/Consequences ...29Tier 2 – Targeted Interventions/ Consequences......................................29

Tier 3 – Intensive Interventions/ Consequences......................................29

Section 6 Guidelines for Students ReceivingSpecial Services ..............................34

For Exceptional Students/Students withDisabilities ..........................................35

For Students with Intellectual Disability .35

For Students with Disabilities OtherThan Intellectual Disability..................35

For Gifted Students................................37

For Students with 504 Service Agreements........................................37

Glossary of Terms ..............................39

3

The School District of Lancaster’s Board ofSchool Directors, as well as the administrators,teachers, and support staff, believe that ourvalues guide us in our daily actions as individualsand as members of the community. Our corevalues include respect for self and others,compassion, fairness, integrity, honesty, andthe right to a safe and positive learning environment.

Classroom teachers have the initial responsi-bility of handling most behavioral problems.Parents/Guardians also need to play a role intheir child’s behavior modification and shouldbe involved from the early stages when interventions are needed. The motto of our district is “Together We Can” and it symbolizesthe need for the school staff, students, parents,and community members to work together toactively create solutions.

This handbook was created as a guide for allindividuals who are connected with or visitour schools. This includes the Standards ofConduct, which are applicable to all stake-holders while on school property or duringschool sponsored events. The information inthis guide outlines behaviors that are respectfulof people’s rights and directs students toaccept responsibility for their actions. It willbe reviewed with all students twiceeach year. Board policies (as posted on theInternet at ww.lancaster.k12.pa.us) as well asthe Pennsylvania School Code should bereviewed for additional guidance.

STATEMENT OF PURPOSE

4

The function of education is to teach one to think intensively and to think critically. Intelligence plus character—that is the goal of true education.

— Martin Luther King, Jr.

“”

5

6

Pursue Excellence as a Student and Community Member

• Attend school regularly and on time.

• Conduct yourself in a safe and responsible manner to and from school with otherstudents, with members of the community and within the community.

• Believe that you can and will learn; produce quality work that meets the highestclassroom standards.

• Commit to remain in school with the objective of graduating on time.

Model Responsibility and Integrity

• Be honest at all times.

• Be responsible for your own work and behavior.

• Develop positive relationships.

• Accept responsibility for your own actions.

Respect Self, Others and Property

• Value diversity and respect the views and opinions of others.

• Treat all persons fairly and with dignity; seek peaceful resolutions to disagreements.

• Choose appropriate, non-offensive language to express one’s thoughts, opinions, andfeelings.

• Respect the rights and privileges of students, teachers, and other district staff andvolunteers.

Create a Positive, Safe, and Drug Free Learning Environment

• Conduct yourself in a safe and responsible manner that focuses on academic success while in the school environment or on school property.

• Cooperate with and assist the school staff in maintaining safety, order, and discipline.

• Obey laws and School Board Policies against possessing or concealing any substance orobjects which are prohibited or which may disrupt the educational process and/or schoolsponsored activities.

STANDARDS OF CONDUCT

The best and most beautiful things in theworld cannot be seen or even touched—they must be felt with the heart.

— Helen Keller

“”

SECTION 1STUDENT RIGHTS AND

RESPONSIBILITIES

7

Chapter 12 of 22 Pa. Code provides rights andresponsibilities for students and gives the authorityfor school boards to make reasonable and necessaryrules governing the conduct of students in school.

Right to a Free Public EducationAll persons in the Commonwealth of Pennsylvania,between the ages of 6 and 21 years, are entitledto a free and full education in the public schooldistrict where they reside.

Right to Enroll in a Public SchoolStudents have a right to enroll in the public schooldistrict in which they reside. The School District ofLancaster will require the following:

n proof of the child's date of birth: (acceptabledocumentation includes birth certificate,baptismal certificate or transcript of therecord of baptism—duly certified and showingthe date of birth, notarized statement fromthe parents indicating the date of birth, dulyattested transcript of the birth certificate, orduly certified transcript of birth)

n an immunization record or assurance fromthe former school district or a medical officethat the required immunizations have beendone (or a required series begun) with arecord to be sent

n completion of a Parent RegistrationStatement attesting to whether the studenthas been or is suspended or expelled foroffenses involving drugs or alcohol, weaponsor violence per 24 P.S. §13-1304-A and

n proof of residency (copy of lease or a bill).

The McKinney-Vento Homeless EducationAssistance Act guarantees a free and appropriatepublic education for all children and youth experi-encing homelessness from either the school districtin which their person or the shelter is located orthe school district of origin. They are not required

to submit proof of residency or certain contactinformation.

B.E.C (Basic Education Circulars) outlines proce-dures for deciding school placement, enrolling stu-dents, and determining responsibility. With theincreased number of children experiencing home-lessness currently attending The School District ofLancaster, the district must provide proper educa-tional support and services.

McKinney-Vento Act Basics At-a-Glance:What is the definition of a “homeless youth” underMcKinney-Vento?

“Homeless” is defined as “anyone lacking a fixed,adequate, regular nighttime residence.”

What situations fit this definition?

n Staying in the home of other people due tounavailable housing, financial hardship, eviction or similar circumstances

n Living in motels, hotels, trailer parks (insome instances-examples: leaking roof, noheat), public places, or campgrounds due tounavailable suitable housing options

n Living in an emergency shelter or transitionalhousing

n Unaccompanied (not living in direct care oflegal parent or guardian) or runaway youth

n Refugee and migrant youth

n Act of Nature/Fire

n Domestic Violence

n Death/Incarceration of Guardian

For more information visit: https://www.education.pa.gov/K-12/Homeless%

20Education/Pages/default.aspx

Based on Board Policies #201 and #2038

STUDENT RIGHTS AND RESPONSIBILITIES

Responsibility to Attend SchoolParents or guardians of all children between theages of 6 until 18 are required by the compulsoryattendance law to ensure that their children attendan approved educational institution, unless legallyexcused (i.e., doctor’s excuse, bereavement, etc.)Students who have not graduated may not beasked to leave school merely because they havereached 18 years of age if they are fulfilling theirresponsibilities as students. A student may not beexcluded from the public school or from extracur-ricular activities because they are married, pregnant, or have a disability.

Based on Board Policy #204

Responsibility for Maintaining HighStandards of Behavior Students must comply with all state and local laws.Students have the responsibility to be aware of allrules and regulations for student behavior and toconduct themselves in accordance with them.Students should assume that, until a rule iswaived, altered or repealed in writing, it is ineffect.

Students should express their ideas and opinionsin a respectful manner.

Students must exercise proper care when usingpublic facilities and equipment.

Students should be on time to all classes and otherschool functions.

Students should complete homework assignmentson time.

Students should make-up work after an absencefrom school.

Students should attempt to complete satisfactorilythe courses of study prescribed by local schoolauthorities.

Students should use proper language, withoutobscenities, while on school premises and attending school functions.

Right to a Safe School EnvironmentStudents are encouraged to share with the administration and faculty a responsibility to develop a climate within the school that is conducive to wholesome learning and living.

Students are encouraged to volunteer informationto school authorities in matters relating to thehealth, safety and welfare of the school communityand the protection of school property.

Students should dress and groom to meet standards of safety and health, and not to causesubstantial disruption to the educational processes.Uniform policies must be followed.

No student has the right to interfere with the education of fellow students. It is the responsibilityof each student to respect the rights of teachers,students, administrators and all others who areinvolved in the educational process. Bullying/Cyber bullying, hazing, or other harmful treatmentof others will be subject to disciplinary action.

Right to Non-Discriminatory PracticesConsistent with the Pennsylvania Human RelationsAct (43 P. S. § § 951—963), a student may neitherbe denied access to a free and full public education,nor subjected to disciplinary action on account ofrace, sex, color, religion, sexual orientation, nationalorigin or disability.

Right to Due ProcessEducation is a statutory right and students shall beafforded due process if they are to be excludedfrom school. In a case involving a possible expulsion,the student is entitled to a formal hearing.

Formal Hearings. A formal hearing or an expul-sion waiver agreement is required in all expulsionactions. This hearing may be held before the governing board or an authorized committee ofthe board, or a qualified hearing examinerappointed by the board. The Hearing Officer willmake the decision of expulsion based on evidencepresented at the hearing. The following due processrequirements shall be observed with regard to theformal hearing:

9

n Notification of the charges shall be sent tothe student’s parents or guardians by certified mail.

n At least 3 days’ notice of the time and placeof the hearing shall be given. A copy of theexpulsion policy, notice that legal counselmay represent the student, and hearing procedures shall be included with the hear-ing notice. A student may request therescheduling of the hearing when the stu-dent demonstrates good cause for an exten-sion.

n The hearing shall be held in private unlessthe student or parent requests a public hearing.

n The student may be represented by counsel,at the expense of the parents or guardians,and must have a parent or guardian attendthe hearing.

n The student has the right to be presentedwith the names of witnesses against the student and copies of the statements andaffidavits of those witnesses.

n The student has the right to request that the witnesses appear in person and answerquestions or be cross-examined.

n The student has the right to testify and present witnesses.

n A written or audio record shall be kept ofthe hearing. The student is entitled, at thestudent’s expense, to a copy. A copy shall be provided at no cost to a student who isimpoverished.

n The proceeding shall be held within 15school days of the notification of charges,unless mutually agreed to by both parties. Ahearing may be delayed for any of the fol-lowing reasons, in which case the hearingshall be held as soon as reasonably possible:

• Laboratory reports are needed fromlaw enforcement agencies.

• Evaluations or other court or adminis-trative proceedings are pending dueto a student invoking rights under theIndividuals With Disabilities EducationAct (20 U.S.C.A. §§ 1400-1482).

• In cases in juvenile or criminal courtinvolving sexual assault or serious bodily injury, delay is necessary due tothe condition or best interests of thevictim.

n Notice of a right to appeal the results of thehearing shall be provided to the student with the expulsion decision.

Informal Hearings. The purpose of the informalhearing is to enable the student to meet with theappropriate school official to explain the circum-stances surrounding the event for which the studentis being suspended or to show why the studentshould not be suspended.

n The informal hearing is held to bring forthall relevant information regarding the eventfor which the student may be suspendedand for students, their parents or guardiansand school officials to discuss ways in whichfuture offenses might be avoided.

n The following due process requirementsshall be observed in regard to the informalhearing:

• Notification of the reasons for the shallbe given in writing to the parents orguardians and to the student.

• Sufficient notice of the time and place ofthe informal hearing shall be given.

• A student has the right to question anywitnesses present at the hearing.

10

• A student has the right to speak andproduce witnesses.

• The school entity shall offer to hold theinformal hearing within the first 5 daysof the suspension.

Right to Freedom of ExpressionThe right of public school students to freedom ofspeech is guaranteed by the Constitution of theUnited States and the Commonwealth ofPennsylvania.

Students have the right to express themselvesunless such expression is likely to or does materiallyor substantially interfere with the educationalprocess, school activities, school work or disciplineand order on school property or at school functions;threatens serious harm to the welfare of the schoolor community; encourages unlawful activity; or islikely to or does materially or substantially interferewith another individual’s rights.

Students may use publications, handbills,announcements, assemblies, group meetings, buttons, armbands, computers, technology, andany other means of common communication,provided that the use of public school communica-tions facilities shall be in accordance with the regulations of the authority in charge of thosefacilities.

Students have the responsibility to obey laws governing libel and obscenity and to be aware ofthe full meaning of their expression. Students havethe responsibility to be aware of the feelings andopinions of others and to give others a fair opportunity to express their views.

Identification of the individual student or at leastone responsible person in a student group may berequired on posted or distributed materials.School officials may require students to submit forprior approval a copy of materials to be displayed,posted or, distributed on school property.Bulletin boards must conform to the following:

n School authorities may restrict the use ofcertain bulletin boards.

n Bulletin board space should be provided forthe use of students and student organizations.

n School officials may require that notices orother communications be officially datedbefore posting, and that the materials beremoved after a prescribed reasonable timeto assure full access to the bulletin boards.

School newspapers and publications must conformto the following:

n Student newspaper editors have the right toreport the news and to editorialize withinthe provisions set forth below.

n School officials shall supervise student newspapers published with school equipment,remove obscene or libelous material andedit other material that would cause a substantial disruption or interference withschool activities.

n School officials may not censor or restrictmaterial simply because it is critical of theschool or its administration.

n Prior approval procedures regarding copyfor school newspapers must identify the individual to whom the material is to besubmitted and establish a limitation on thetime required to make a decision. If the prescribed time for approval elapses withouta decision, the material shall be consideredas authorized for distribution.

n Students who are not members of the newspaper staff shall have access to itspages. Written criteria for submission ofmaterial by nonstaff members shall bedeveloped and distributed to all students.

School officials may set forth the time and place ofdistribution of materials so that distribution wouldnot materially or substantially interfere with therequirements of appropriate discipline in the operation of the school.

11

n A proper time and place set for distributionis one that would give the students theopportunity to reach fellow students.

n The place of the activity may be restricted topermit the normal flow of traffic within theschool and at exterior doors.

n The wearing of buttons, badges, or armbandsshall be permitted as another form ofexpression within the restrictions listedabove.


Rights Regarding Flag Salute and thePledge of AllegianceIt is the responsibility of every citizen to showproper respect for the country and its flag.

Students may decline to recite the Pledge ofAllegiance and may refrain from saluting the Flag onthe basis of personal belief or religious convictions. Students who choose to refrain from such partici-pation shall respect the rights and interests ofclassmates who do wish to participate and shall atall times maintain a respectful attitude through theexercise.

Rights Regarding ConfidentialCommunicationsUse of a student’s confidential communications byschool personnel in legal proceedings is governedby statutes and regulations appropriate to the proceeding. See 42 Pa.C.S. § 5945 (relating toconfidential communications to school personnel).

Information received in confidence from a studentmay be revealed to the student’s parents orguardians, the principal, or other appropriateauthority when the health, welfare, or safety of the student or other persons is clearly in jeopardy.

Rights Regarding SearchesAs a precautionary measure, hand-held, walkthrough, or other types of metal detectors may beused in SDoL buildings.

When a metal detector is being used, all individu-als will be expected to comply with the screening.If a metal detector is activated, the individual willbe asked to remove metal objects from themselvesor personal belongings and be scanned again. Ifafter the removal of the metal objects, there is stillan activation of the metal detector, the individualwill be taken to a room, out of view from otherindividuals, and the person will be subject to a“pat down” search. A “pat down” search conductedby school personnel shall be limited to feeling theouter clothing for the purposes of discovering onlyitems which may have activated the metal detec-tor. If school personnel conducting a “pat down”search feel an object that may have activated thehand held metal detector, the individual will beasked to remove the object. If the individualdeclines, the object will be removed by school personnel. Under all circumstances, the “patdown” search will be conducted by at least twoschool personnel of the same sex as that of theindividual being searched. If school authoritieshave sufficient evidence to suspect a potentiallydangerous situation, they have the right to searcha student for illegal or harmful items.

Prior to an individual locker search, the studentshall be notified and be given an opportunity tobe present. School authorities may approve caninesearches of lockers during, before, or after school.

Driving on school property is a privilege for students and therefore a contract with the school.If school authorities have sufficient evidence to suspect a potentially dangerous situation, theadministrator may contact the police or otheremergency service personnel and/or the schoolsolicitor and have the vehicle searched.

Any illegal or harmful items found may be used asevidence against the student in disciplinary proceedings.


12

Look up at the stars and not down at your feet. Try to make sense of whatyou see, and wonder about what makesthe universe exist. Be curious.

— Steven Hawking

“” 13

SECTION 2UNIFORM DRESS CODE


In the School District of Lancaster there is arequired "uniformed" look for all kindergarten (K5)through 8th grade students. This standard of dressprovides a non-judgemental environment wherestudents learn to express their creativity throughmeans other than by the clothes they wear. We

believe, and national research suggests, that theadoption of a school uniform policy produces anincrease in academic performance, as well as adecrease in the number of school detentions andsuspensions. Many of our schools report a growthin school unity, team building, and academicfocus.

KINDERGARTEN THROUGH 8TH GRADE

Tops Bottoms Outerwear

Tan, red and any othercolor not listed above

Any color other thanthose listed above

Tan and any color other than those listed above

Any collarless shirts orblouses, bib overalls, sweatshirts, plain

T-Shirts

Baggy or sagging pants, blue jeans, stretch blue jeans,

sweat pants, warm-up pants

Fleece tops, jean or other jacket

Tops Bottoms Outerwear

White, Navy, Light Blue Navy, Tan (Khaki) White, Navy, Light Blue

Collared button front shirts, collared blouses,turtleneck shirts,

collared polo shirts (with school name is optional)

Slacks and cargo stylepants/shorts,

skirts, skorts, shorts,Capri pants, jumpers

(skirt bottom)

Cardigan, v-neck, crew neck, turtleneck sweaters, sweater vests, sweatshirts &hoodies may be worn overcollared shirts and blouses

Shirts should be tucked in and buttoned

14

The K-8 dress code includes the following:

The following is not proper uniform dress:

Students shall not wear hats, wraps and head coverings except for religious reasons. Students shall not wear headbands, hoods, coats, capes or other outerwear in school. All clothing must cover the torso and undergarments. Shorts, pants, skirts, and dresses must extend to at least the mid-thigh.

No logos, stripes, patterns or designs; solid colors only, including leggings and tights. All permissible exposed clothing must be of the approved uniform colors.Shoes or appropriate footwear shall be worn for health and safety reasons.

Flip flops/sandals must have a back-strap.

1st Offense: Parents will be notified by thehomeroom teacher that their child did not reportto school in the uniform dress. The parent contactwould confirm parents’ awareness of policy andunderstanding that all students are to wear uniform dress. Parent support will be solicited. Theparent contact must be documented.

2nd Offense: Parents will be contacted byPrincipal or designee. Student will be given theoption to change into school issued uniform dressfor that day or parents will have option to bringan appropriate change of clothing to school fortheir child. If parent is bringing clothing, there isthe expectation that the parent will bring clothingwithin a reasonable time. The offense is documentedand counselor and other intervention strategies areexplored.

3rd Offense: Consequences for the third offensewill be a repeat of the second offense consequencesand students will be issued a detention equivalentto time lost to change into uniform dress or forthe time it takes a parent to bring uniform dresschange to school. The offense is documented andcounselor and other intervention strategies areexplored.

Student Identification CardsAll students in grades 6–12 must display anIdentification Card most preferably with their lanyards. Identification Cards are not valid ifdefaced, altered or if the picture is covered.

15


The school will not interfere with the right of students and their parents to make decisionsregarding their appearance except when theirchoices affect the educational program of theschool or the health and safety of others.

n Any manner of attire, appearance or grooming which causes disruption withinthe school or classroom, or which createspossible danger to the health or safety of others, or which creates undue maintenanceproblems with regard to school propertyshall subject the offending student to disciplinary action.

n Students may be required to wear certaintypes of clothing and footwear while participating in physical education classes,labs, extra-curricular activities, or other situations where special attire may berequired to insure the health or safety of thestudents.

n Students have the responsibility to keepthemselves (including their clothes and theirhair) clean. School officials may impose limitations on student participation in theregular instructional program where there isevidence that the lack of clean liness constitutes a health hazard.

n The Health Careers Small LearningCommunity is required to wear a uniform in 11th and 12th grade.

DRESS AND GROOMING: 9TH THROUGH 12TH

16

Good actions give strength to ourselvesand inspire good actions in others.

— Plato“ ”

SECTION 3ATTENDANCE AT SCHOOL

The School District of Lancaster recognizes thatattendance is an important factor in educationalsuccess. Attendance shall be required of all students enrolled during the days and hours thatschool is in session. School attendance matters.

Chronic Absenteeism: Chronic absenteeism isdefined as students who are absent 10% or moreand are enrolled in the district at least 90 schooldays. A student is considered absent if they are notphysically participating in instruction or instruction-related activities. This includes students who areabsent regardless of whether absences are excusedor unlawful; including out-of-school suspensions. Astudent missing at least 50% or more of a schoolday (excused, unlawful, OSS) will result in a fullday absence.

Excused: Parents/guardians are required to turn ina written excuse within three days of an absence.Illness, doctor excuse, family emergency, courtattendance, death in a family, and a preapprovednon-school sponsored trip are excused absencesthat require a written excuse. Parents are allowed10 excuses in one school year. Absences beyond10 days shall require an excuse from a licenseddoctor.

Unlawful: Absences shall be treated as unlawfuluntil the school receives a written excuse explainingan acceptable absence, to be submitted withinthree days of the absence. If an unacceptableabsence is received, the absence will remain asunlawful.

Tardy to School and Early Dismissal: Studentswho arrive late to school and/or leave early will becoded as unlawful unless the absence has a writtenexcuse from a licensed doctor. A student missingat least 50% or more of a school day will result ina full day absence.

Compulsory School Law: The law requires children to attend a public or state-accredited private school. The period of a child’s life from thetime the child’s parent/guardian elect to have thechild enter school, which shall be no later than

6 years of age until the child reaches 18 years ofage.

Truant: A child is subject to compulsory schoollaws having three or more school days of unlawfulabsence each school year. The person in parentalrelation will receive a letter within 10 school daysof the student’s third unlawful absence.

Habitually Truant: A child is considered habitu-ally truant when the child has six or more schooldays of unlawful absence during the school year.When a student under 15 years of age is habituallytruant, district staff shall schedule a SchoolAttendance Improvement Conference with theparent/guardian to discuss school attendance concerns.

When a student under 15 years of age is habituallytruant, district shall refer the student to a school-based or community-based attendance improve-ment program or the local children and youthagency. A citation may be filed in the office of theappropriate judge against the person in parentalrelation who resides in the same household as thestudent.

When a student 15 years of age or older is habitu-ally truant, district staff shall refer the student to aschool-based or community based attendanceimprovement program or file a citation in theoffice of the appropriate judge against the studentor the person in parental relation who resides inthe same household as the student. District staffmay refer a student who is 15 year of age or olderto the local children and youth agency, if the student continues to incur additional unlawfulabsences after being referred to a school-based orcommunity-based attendance improvement program, or if the student refuses to participate insuch program.

School Attendance ImprovementConference: After the student is consideredhabitually truant, a School Attendance Conferencewill be scheduled to address school attendanceconcerns. District staff shall notify the person in

17

ATTENDANCE AT SCHOOL BASED ON BOARD POLICY 204

18

parental relation writing and by telephone of thedate and time of the School AttendanceImprovement Conference. The purpose of theSchool Attendance Improvement Conference is toexamine the student’s absences and reasons forthe absences in an effort to improve attendancewith or without additional services.

The following individuals shall be invited to theconference: the student, the student’s parent/guardian, other individuals identified by the parent/guardian who may be a resource, appropri-ate school personnel, and recommended serviceproviders.

The outcome of the School AttendanceImprovement Conference shall be documented ina written School Attendance Improvement Plan.The plan shall be retained in the student’s file. Acopy of the plan shall be provided to the parent/guardian, the student, and appropriate districtpersonnel.

Special Education Services: If a truant or habit-ually truant student may qualify as a student witha disability, and require special education servicesor accommodations, the Coordinator of SpecialEducation shall be notified and shall take action toaddress the student’s needs in accordance with theapplicable law, regulations, and Board policy.

The greatest glory in living lies not in neverfalling, but in rising every time we fall.

— Nelson Mandela“ ”19

SECTION 4STANDARDS AND EXPECTATIONS

OF BEHAVIOR

20

All standards are expected to be followed. Any violation of the standards will be subject to theGeneral Interventions/Discipline Sequence outlinedin Section 5.

Standard 1. Pursue Excellence as a Student andCommunity Member

Disruptive BehaviorAny behavior that impedes the learning processand/or disrupts the learning environment is unacceptable. All efforts will be made to ensure apositive learning environment that is responsible,safe, bully-free, and respects the rights of everyone.

Transportation Rules and RegulationsStudents will act in a respectful manner to thedriver and to fellow students while waiting for andriding on school buses, vans, or other modes oftransportation supplied by the district.

The following behaviors and/or violations mayresult in the loss of a student using district trans-portation:

1. Swearing

2. Fighting, pushing, tripping or wrestling

3. Shouting or loud singing

4. Playing of music without headsets

5. Disobeying directions of the bus driver

6. Littering or throwing objects

7. Use or possession of matches, lighters, ortobacco

8. Possessing weapons

9. Having pets

10. Not having all parts of the body inside thebus at all times

11. Actions which cause a disturbance or distraction to the bus driver or other studentsor could impair the safe operation of the bus

12. Eating or drinking on the bus or van (unlesspart of a sponsored event with teacherapproval)

13. Not holding lunch bags, books, musicalinstruments, etc., on the lap

14. Defacing or destruction of bus property

15. Tampering with the bus or its equipment

Video and Audio Recording on Buses Basedon Board Policy 810.2Video and audio recording equipment may beused on school buses transporting students to andfrom school, field trips, extracurricular activities,and athletic trips at the discretion of the schooldistrict. Review or use of the audiotape/videotapefrom a school bus or a school vehicle shall be consistent with the school district’s student disciplinary procedures and shall comply with allprivacy rights of student education records. Anyissues related to Transportation, please contact717-945-1440.

Standard 2.Model Responsibility and Integrity

Cheating/Plagiarism/FalsificationCheating, plagiarism, or falsifying documents(forgery or counterfeiting by verbal, written, orelectronic transmission; this act also includesschool forms, hall passes, notes from parents, etc.)is prohibited.

Illegal gamblingBetting money or other things of value, whether itis online, with cards or dice, betting on sportingevents, or through other methods or forms, is prohibited.

StealingStealing, theft, extortion (attempting to obtainsomething of value by threat or force) is an unlawfuloffense and can be prosecuted under state law.

STANDARDS AND EXPECTATIONS OF BEHAVIOR

21

Unauthorized use of technology and/orcommunication devicesStudents are prohibited from the unauthorized useof electronic devices during the school day in district buildings; on district property; on districtbuses and vehicles; during the time students areunder the supervision of the district; while studentsare attending school-sponsored activities, and inlocker rooms, bathrooms, health suites, and otherchanging areas at any time.

Electronic devices shall include all devices that cantake photographs; record audio or video data;store, transmit or receive messages or images; orprovide wireless, unfiltered connections to theinternet. Examples of these electronic devicesinclude, but shall not be limited to: laser pointers,radios, handheld games consoles, cellular telephones,mobile devices, and laptop computers, as well asany new technology developed within similarcapabilities.

Students are prohibited from taking, storing, disseminating, transferring, viewing, or sharing ofobscene, pornographic, lewd, or otherwise illegalimages or photographs, whether by electronicdata transfer or other means, including but notlimited to texting and emailing.

The district shall NOT be liable for the loss, damage or misuse of any personal electronicdevice brought to school by a student.

Use of Electronic Resources Based onPolicies 237 and 815 The use of the district’s technology resources is forappropriate school-related educational and opera-tional purposes consistent with the educational mission of the district. Use for educational purposesis defined as use that is consistent with the curriculumadopted by the district as well as the varied instruc-tional needs, learning styles, abilities and develop-mental levels of students. All use must comply withdistrict policy and all other applicable codes of conduct, procedures, and rules. All students areresponsible for the appropriate, legitimate and lawfuluse of the district’s technology resources. Any use of

the district’s computing resources for illegal, inappro-priate, or obscene purposes, or in support of suchactivities, is prohibited.

Students are expected to act in a responsible, ethical, and legal manner in accordance with district policy, accepted rules of network etiquette,and federal and state laws.

General rules for behavior and communicationsapply when using the Internet. Loss of access andother disciplinary actions (including possible suspension or expulsion of students) shall be consequences for inappropriate use and violationsof the components of the district’s Acceptable Useof Electronic Resources Policy.

The building administrator or designee may grantapproval for possession and use of an electronicdevice by a student for the following reasons:

1. Health, safety, or emergency reasons withprior approval of the building principal ordesignee.

2. Use is provided for in a student’s individualized educational program (IEP).

3. Classroom or instructional-related activities.

4. Other reasons determined appropriate bythe building principal.

Based on Board Policies #237 and #815

Standard 3. Respect Self, Others, and Property

Physical Aggression/Altercation/FightingA student shall not engage in any form of physicalaggression or threatening behaviors towards ateacher, fellow student, district employee, or otherperson. Physical aggression includes physical confrontation that may result in: no injury, minorinjury, or serious injury that includes, but may notbe limited to kicking, shoving, pushing, hitting,biting, and fighting. Intentionally hitting, shoving,scratching, biting, kicking, blocking the passage of

22

another, or throwing objects at another person isconsidered physical aggression and is prohibited.Depending on the situation, School ResourceOfficers and/or local police may be involved,resulting in a citation such as harassment or disorderly conduct. A more serious charge ofassault may be issued.

Bullying/Cyber BullyingBullying means an intentional electronic, written,verbal or physical act or series of acts directed atanother student or students, which occurs in aschool setting and/or outside a school setting, thatis severe, persistent or pervasive and has the effectof doing any of the following: substantially interfer-ing with a student’s education, creating a threaten-ing environment and substantially disrupting theorderly operation of the school. Bullying, as definedin this policy, includes Cyber Bullying.

Students who believe they or others have beenbullied, are encouraged to promptly report suchincidents to any school district employee.


Gang ActivityAny group behavior whose purpose it is to intimi-date, harass, disrupt, create chaos, damage ordestroy property, engage in criminal or other illegal activity is prohibited. No symbols, mode orcolor of dress, or turf recognitions will be allowed.Any gang activity or intimi dation activities onschool grounds or at any school affiliated activity isprohibited. Local law authorities will be contacted.

Inappropriate/Profane Language Any inappropriate, sexual, harassing, or profanelanguage will not be tolerated on school propertyor at any school affiliated activities. The use of suchlanguage, either verbal or written is prohibited.

HazingHazing occurs when a person intentionally, know-ingly or recklessly, for the purpose of initiating,admitting or affiliating a student with an organiza-

tion, or for the purpose of continuing or enhanc-ing membership or status in an organization, causes, coerces or forces a student to do any ofthe following:

1. Violate federal or state criminal law.

2. Consume any food, liquid, alcoholic liquid,drug or other substance which subjects thestudent to a risk of emotional or physicalharm.

3. Endure brutality of a physical nature, includ-ing whipping, beating, branding, calisthen-ics or exposure to the elements.

4. Endure brutality of a mental nature, includ-ing activity adversely affecting the mentalhealth or dignity of the individual, sleepdeprivation, exclusion from social contact orconduct that could result in extreme embar-rassment.

5. Endure brutality of a sexual nature.

6. Endure any other activity that creates a reasonable likelihood of bodily injury to thestudent.

Any activity, as described above, shall be deemeda violation of this policy regardless of whether theconsent of the student was sought or obtained, orthe conduct was sanctioned or approved by theschool or organization. Students who believe they,or others, have been subject to hazing shouldpromptly report the incident to any districtemployee.


Nondiscrimination Against Students The district shall provide an equal opportunity forall students to achieve their maximum potentialthrough the programs offered in the schools without discrimination on the basis of race, color,ethnicity, age, creed, religion, sex, gender, sexualorientation, ancestry, national origin, marital status, pregnancy or handicap/disability.

23

The district strives to maintain a safe, positivelearning environment for all students that is freefrom discrimination. Discrimination is inconsistentwith the educational and programmatic goals ofthe district and is prohibited on school grounds,at school-sponsored activities and on any conveyance providing transportation to or from aschool entity or school-sponsored activity.

The district prohibits retaliation against any personfor making a report of discrimination or participat-ing in a related investigation or hearing, or oppos-ing practices the person reasonably believes to be discriminatory.

Harassment is sufficiently severe, persistent or pervasive conduct that a reasonable person in thecomplainant’s position would find that it unrea-sonably interferes with the complainant’s perform-ance in school or school-related programs, or otherwise creates an intimidating, hostile, oroffensive school or school-related environmentsuch that it unreasonably interferes with the complainant’s access to or participation in schoolor school-related programs.

Harassment shall consist of unwelcome conductthrough graphic, written, electronic, verbal ornonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery,insults or put-downs, offensive objects or pictures,physical assaults or threats, intimidation, or otherconduct that may be harmful or humiliating orinterfere with a person’s school or school-relatedperformance.

Sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; andother inappropriate verbal, nonverbal, written,graphic or physical conduct of a sexual naturewhen:

1. Submission to conduct is made explicitly aterm or condition or a student’s status inany educational or other programs offeredby the school; or

2. Submission to or rejection of such conductis used as the basis for educational or otherprogram decisions affecting student; or

3. Such conduct deprives a student or groupof individuals or educational aid, benefits,services or treatment.

Anyone who believes that a student or students havebeen subject to discrimination in regard to district'sprograms is encouraged to promptly report suchincidents to designated employees, even if someelements of the related incident took place ororiginated away from school grounds, schoolactivities or school conveyances.

A student who believes they have been subject toconduct by any student, employee or third party isencouraged to immediately report the incident tothe building principal. If the building principal isthe subject of a complaint, the student shouldreport the incident directly to the Director ofStudent Services.

The district shall conduct an adequate, reliableand impartial investigation. If the investigationresults in a finding that some or all of the allega-tions of the complaint are established, the districtshall take prompt, corrective action designed tocease such conduct and prevent retaliation. Anydisciplinary actions shall be consistent with theCode of Student Conduct, Board policies andadministrative regulations, district procedures,applicable collective bargaining agreements, andstate and federal laws.

Based on Policy #103

Vandalism/Destruction and/or Defacing ofPropertyUnder no circumstances will these acts be tolerated.Any act of vandalism, destruction of property ordefacing property will be dealt with accordingly.

24

Standard 4. Create a Positive, Safe, and DrugFree Learning Environment

Based on Policy #222

Tobacco/Nicotine

The Board prohibits the sale, use and possession oftobacco, nicotine and nicotine delivery productsby students at any time in a school building andon any property, buses, vans and vehicles that areowned, leased or controlled by the school district.The Board prohibits the sale, use and possession oftobacco, nicotine and nicotine delivery productsby students at school-sponsored athletics/activitiesthat are held off school property.

Tobacco shall mean a lighted or unlighted ciga-rette, cigar, cigarillo, little cigar, pipe or othersmoking product or material and smokeless tobac-co in any form including chewing tobacco, snuff,dip or dissolvable tobacco pieces. Nicotine shallmean a product that contains or consists of nico-tine in a form that can be ingested by chewing,smoking, inhaling or through other means. A nico-tine delivery product shall mean a product ordevice used, intended for use or designed for thepurpose of ingesting nicotine or another sub-stance. This definition includes, but is not limitedto, any device or associated product used for whatis commonly referred to as vaping or juuling.

The school district may initiate discipline of a student who possesses or uses tobacco in violatonof this policy. A student found in violation of thispolicy may be fined up to $50 plus court costs oradmitted by the court to alternative adjudicationin lieu of imposition of fines.

Controlled Substances/Paraphernalia Students are not permitted to possess, use, sell orbuy alcohol, any controlled substances includingillegal drugs, drug paraphernalia, alcoholic beverages in any form, look-a-like drugs, drugs,anabolic steroids, volatile solvents or inhalants,prescription or patent drugs, except those for

which permission has been granted for use, onschool property, on a school bus, and whenattending school-sponsored functions.

What follows are the consequences of possession:

Possession and/or under the influence –First Offense:In an instance of a student being caught with pos-session for the first time or where there is verifiedcontrolled substance use, while in school or at anyschool-sponsored function, the following proce-dures would apply:

n The staff member who discovers the con-trolled substance will confiscate all drugs inplain sight. The student(s) involved will bereferred to the Principal and/or otherauthorities for further investigation.

n Consequences will consist of a one-day out-of-school suspension, a mandatory parent conference and a five-day in-schoolsuspension. At the discretion of thePrincipal/designee, such students may beassigned to group counseling sessions inlieu of all or part of the in-school suspension.At the elementary school level, a referral toa professional staff member of a communityagency will be required in lieu of the in-schoolsuspension.

n The student involved will be referred for amandatory Administrative Review Hearing,or Student Services’ Review.

n Parents will be notified and completelyinformed of the circumstances.

n Law enforcement authorities will be notifiedand the student will be identified.Appropriate community agency personnelcould also be notified.

n Help will be provided through referral tothe Student Assistance Team. Parentinvolvement will be requested.

n The counselor will be expected to monitorthese cases on a regular and continual basis.

25

Possession and/or under the influence –Second Offense:Procedure for second offenses will consist of amandatory formal hearing before the School BoardJudiciary Committee with a recommendation forexpulsion. The Student Assistance Team shall makerecommendation to the school administration. Asecond offense in the School District of Lancasterdoes not need to be in the same school year.

Students expelled for certain drug offenses aresubject to a mandatory one year expulsion (calendar year).

Selling/Distributing Controlled SubstancesWhen a student has been caught with controlledsubstances and/or “look-alike” drugs and it is suspected that the student is selling or dispensinga controlled substance or assisting in the selling ordispensing of a controlled substance, the situationwill be investigated and the following procedureswill apply.

n Law enforcement authorities will be notifiedin such instances and the student will beidentified.

n When it is determined a student has sold ordistributed a controlled substance or assistingin the sale or distribution of a controlledsubstance while in school or at any school-sponsored function discipline will consist ofimmediate suspension and a mandatory formal hearing before the School BoardJudiciary Committee, with a recommendationfor expulsion from school.

n Help will be provided through a referral tothe Student Assistance Team or referral toan appropriate drug and alcohol program.


Weapons/Dangerous Objects/Firearms/ExplosivesAn offense of carrying or possessing a weapon inschool or at any school-sponsored event mayresult in a referral to the Judiciary Committee withrecommendation for expulsion. A weapon isdefined as follows:

A “weapon” or “dangerous instrument/material,”consists of any object, instrument, or materialwhich is commonly considered to be a weapon ordangerous instrument/material, and any object,instrument or material which is in fact used toeffect threats, intimidation, harassment, extortion,or injury to a person or property. The definition ofa weapon or dangerous instrument/materialincludes, but is not limited to, any knife, dagger,cutting instrument, cutting tool, nunchaku, blackjack, explosive or incendiary device, noxioussubstance, firearm, shotgun, rifle, or any othertool, instrument, or implement capable of inflictingserious bodily injury or used under circumstancesnot manifestly appropriate to lawful possessionand use.

The term “firearm” includes any weapon, loadedor unloaded, from which a shot can be dischargedby gunpowder, compressed air, or by other meansof force, and includes unassembled components ofsuch device.

The term “weapon” and “dangerous instrument/material” includes any look-a-like device or material that may be used to injure, intimidate, orthreaten another person.All offenses involving the possession or use of aweapon or dangerous instrument/material, including those involving look-a-like devices, inschool or during any school function shall result inreferral to the Judiciary Committee and possiblerecommendation of expulsion.

“Possess” shall include, but not be limited to,physical possession of or control over a weapon,dangerous instrument/material, or look-a-like

26

device. Possession shall also include any attempt toconceal or store in one’s clothing, belongings,locker, vehicle, or other property, any weapon,dangerous instrument/material, or look-a-likedevice.

“School Function” shall include, but not limitedto: any regular educational function, extra-curricularactivity, athletic event, or other activity sponsoredor co-sponsored by the school district, whether onor off school property, and shall include any student conduct over which the school districtmay exercise authority, including a student’s transit to or from school or any school sponsoredactivity.

“Use” shall include, but is not limited to: the display, pointing, handling, loading, operation, ordischarge of any weapon, dangerous instrument/material, or any look-a-like device.

The School District shall expel for a periodof not less than one (1) year (Calendar yearexample April 15, 2019–April 15, 2020) anystudent who violates this weapons policy.Such expulsion shall be given in conformancewith formal due process proceedingsrequired by law. The Judiciary Committeeshall determine the length of expulsion.*The Superintendent may recommend modifications of such expulsion requirementon a case-by-case basis.

*Reference Section 1317.2 of the Public School Code(24 P.S., Section 13-1317.2).

Be kind whenever possible. It is always possible.

— Dalai Lama“ ” 27

SECTION 5GENERAL INTERVENTION/

DISCIPLINE SEQUENCE

Multi-Tiered System of Support (MTSS) is the practice of providing instruction and interventionsthat match student need. Based on this problem-solving model, the MTSS approach considers various factors as they apply to a student's difficultyand provides interventions as soon as the studentdemonstrates a need.

The School District of Lancaster will implementinterventions with a student at the onset of anydisruptive behavior. Exceptions may apply to specific drug violations, or firearm possession,which mandate a one-year expulsion. Based onthe student’s response to the intervention or lackof progress, a more in-depth problem-solvingprocess may be needed which may include additional school or district personnel to develop amore detailed and individualized support plan.Teachers, support staff, and administrators mustmaintain written documentation at every level ofintervention and discipline. A student’s IEP team, ifspecial education services are required, will also beinvolved with the interventions and discipline of astudent. The district strongly believes that schoolstaff and parents working together is the best wayto build trusting relationships and improve studentbehavior.

The School District of Lancaster’s goal is to improvestudent behavior, while providing appropriateinterventions and consequences when behaviorexpectations are not met. Progressive discipline(the process of using increased measures when astudent fails to correct a problem after being givena reasonable opportunity to do so) will be used.

1. First observe the problem behavior

2. Decide if the behavior is Minor or Major

• Minor Incidents (as defined by the district) follow Flow A

• Major Incidents (as defined by the district) follow Flow B

28

MULTI-TIERED SYSTEM OF SUPPORT (MTSS)

MinorBehavior

(Classroom Managed)

Re-teach expectedbehaviors

Classroominterventionsand supportsrecorded as per buildingpractice in SIS

Offensesrecorded in SIS

Interventions &

Consequences(See options below)

Interventions & ProgressiveDiscipline

(See options below)

Conferencewith

principal

MajorBehavior(Office Managed)

FLOW A FLOW B

29

Classroom ManagedInterventions/Consequences

Tier 1 – Proactive Supports

• Classroom management system

• Teach expected behaviors

• Reinforce expected behaviors

• Build community with class meetings,restorative circles, advisory meetings, etc.

• Redirection, Ignore, Proximity• Verbal warning• Walk break, drink break • In-class, time-out• Parent/Guardian contact

Tier 2 and 3 – Interventions/Consequences

• Advanced support resource: www.pbisworld.com• Parent/Guardian contact• Student behavior contract• Buddy teacher• Logical consequences• Structured breaks• Check-In, Check-Out• Peer mediation• Reflective essay• Restorative practices circle, impromptuconference

• Referral for support from counselor, SFRS• Lunch/recess detention• Office Discipline Referral

Office Managed Interventions/Consequencesfor Major Problem Behaviors

Tier 2 – Targeted Interventions/Consequences

• Advanced support resource: www.pbisworld.com

• Referral for support from student supportteams/MTSS school process

• Social skills group/Group counseling• Mentoring program• Check-In, Check-Out

• Structured breaks• Reflective essay• Parent shadowing• In-school work detail• Logical consequence/loss of privilege• Lunch/recess/after school detention• In-school suspension• Restitution through Restorative practices circle, impromptu or formal conference

• Saturday school

Tier 3 – Intensive Interventions/Consequences

• Advanced support resource: www.pbisworld.com

• Referral for support from student supportteam/MTSS school process

• Referral to School Based Therapy or community mental health services

• Referral to Student Assistance Program (SAP)• Interagency Team Meeting with school, parent, behavioral health providers, and/orChild and Youth Agency

• Community service or in-school service(assisting custodial staff)

• Parent supervision• Loss of privileges• Mini-course on topics such as conflict resolution, anger management, appropriatebehavior

• Modified/adjusted schedule• In-school suspension• Out-of-school suspensions should be used asa last resort and only when in-school interventions and consequences do not sufficiently address a student’s inappropriatebehavior. A return from suspension meetingmust occur following the suspension.

• Saturday School

Building Discipline Committee

Function & CompositionThe primary function of the Building Discipline

30

Committee will be to review persistent disciplinecases within the building and make an attempttocoordinate the resources of the school commu-nity and parent/guardian(s) in the resolution ofthe problem. This committee may be comprised ofa building administrator, counselor, teachers, thestudent’s parent/guardian(s), and other appropriaterepresentatives. BDC’s must precede an Admin-istrative Review request.

ProcedureThe building administrator convenes the meeting.The administrator/designee will contact the parent/guardian(s) and appropriate committeemembers regarding the purpose, time, and placeof the meeting. If the parents choose not toattend the meeting after proper notification, thecommittee should convene and take appropriateaction. In situations where a committee consensuscannot be achieved, the principal will make thefinal decision. Parent/guardian(s) will be notifiedby letter of the action taken by the committee.

Reason for ReferralStudents are referred for violations of the law andof the Standards and Expectations of Behavior.

Consequences of MisconductThe Building Discipline Committee may make several recommendations following the review ofeach student’s case. The recommendations mayinclude, but are not limited to, the followingactions:

1. A change in the student’s class schedule orplacement.

2. School Based Therapy.

3. Exclusion from interscholastic or extra-curricular activities.

4. Referral to Student Services Team.

5. Referral to community agency.

6. Referral to the Student Services ReviewCommittee or the Administrative ReviewCommittee.

7. Referral to the Judiciary Committee (All students receiving special education servicesmust be referred to an AdministrativeReview Committee Hearing prior to aJudiciary Committee Hearing and aManifestation Determination must occurbefore an Administrative Review/JudiciaryHearing).

8. Other recommendations at the discretion ofthe Building Discipline Committee.

Student Services ReviewHearing (for 4th & 5th Graders ONLY)It is important that students who are assigned toBuehrle/Futures programs, receive a continuum ofservices.

Function & CompositionThe primary function of the Student ServicesReview Committee is to review cases ofREGULAR EDUCATION STUDENTS IN GRADES 4 &5, who have violated the Standards andExpectations of Behavior for Students.

The committee meets at the request of the buildingadministrator, to make sure all building and community resources have been explored, onbehalf of the student, prior to consideration ofplacement in the Futures Academy.

This committee, appointed by the Superintendent,will consist of the Hearing Coordinator (chairperson),a district level Special Education representative anda district level Student Assistant Program Facilitator.

ProcedureThe principal requesting the Student ServicesReview will submit in writing to the HearingCoordinator, a request for a Student ServicesReview meeting, stating the specific reasons and adetailed report from the Building DisciplineCommittee Meeting. The Hearing Coordinator willinform the requesting principal of the scheduleddate and time of the review and contact theStudent Services’ Committee members. TheHearing Coordinator will send the scheduled timeand place of the meeting. Case studies (3 copies)shall be prepared and delivered to the HearingCoordinator’s secretary.

31

Consequences of Misconduct

1. Return to school on probation with conditions.

2. Return to school with modified program.

3. Referral to community service agencies.

4. Referral to community legal agencies.

5. Assignment to an Alternative EducationProgram for Restorative Justice.

District level hearing requests must meet the following criteria:

Disruptive StudentA student who poses a clear threat to the safetyand welfare of other students or the school staff,who creates an unsafe school environment orwhose behavior materially interferes with the learning of other students or disrupts the overalleducational process. By law, districts may refer students to AEDY programs only if, at thetime of the recommended transfer, theydemonstrate, to a marked degree, any ofthe following conditions:

Reason for Referral Students enrolled in this program must be considereddisruptive as Defined by Act 30 of 1997, § 19-1901-C (5). Identify and provide documentation(such as suspension documents) that applies to eachbehavior resulting in the referral.

1. Disregard for school authority, includingpersistent violation of school policy andrules.

2. Display of or use of controlled substanceson school property or during school-affiliatedactivities.

3. Violent or threatening behavior on schoolproperty or during school-affiliated activities.

4. Possession of a weapon on school property,as defined under 18 Pa. C.S. § 912 (relatingto possession of weapon on school property).

5. Commission of a criminal act on schoolproperty or during school-affiliated activities.

6. Misconduct that would merit suspension orexpulsion under school policy.

Administrative Review Committee

Function & CompositionThe primary function of the Administrative ReviewCommittee is to review cases prior to referral tothe Judiciary Committee. This committee meets atthe request of the building administrator to reviewstudent cases and to make sure all district andcommunity resources have been exploredon behalf of the student prior to considera-tion of expulsion. This committee, appointed bythe Superintendent or designee, will consist of theHearing Coordinator (chairperson), a principal,assistant principal or dean, and impartial profes-sional representatives from the district.

Copies of the letter explaining the consequencesmust be sent to the parents, building principal, theDirector of Student Services, and the chairpersonof the Judicial Committee.

An Administrative Review shall not be conductedfor special education students unless there hasbeen a prior determination that the student’salleged misconduct was not a manifestation of thestudent’s exceptionality.

ProcedureThe principal requesting the Administrative Reviewwill submit, in writing to the Hearing Coordinator,a request for an Administrative Review CommitteeMeeting, stating the specific reasons for the reviewand a brief, but specific, summary of the rehabilitativeattempts which were made. The HearingCoordinator will inform the requesting principal ofthe scheduled date and time of the review andcontact the Administrative Review Committeemembers. The Hearing Coordinator will send a letterto the parent/guardian(s) of the student, indicatingthe reasons for the hearing, and the scheduledtime and place of the meeting. Copies of this lettershould be forwarded to the Hearing Coordinatorand staff members and/or agency personnel whoare expected to attend. Case studies (7 copies)shall be prepared, at the direction of the principal,and forwarded to the Hearing Officer, prior to the

32

review date. The case studies and all relevant special education paperwork must be delivered inadvance.

Reason for ReferralStudents are referred for violations of the law andthe Standards and Expectations of Behavior.

Consequences of MisconductThe Administrative Review Committee may makeseveral recommendations following the review ofeach student’s case. The recommendations mayinclude, but are not limited to, one or more of thefollowing consequences.

1. Return to school on probation with conditions (no further fighting,report toschool early each day, etc.).

2. Return to school with a modified program(half-day program, work study, etc.).

3. Referral to Psychologist or Social Services.

4. Referral to community service agencies.(Lancaster County Behavioral Health/Developmental Services, Family andChildren’s Services, Boys and Girls Club, etc.).

5. Referral to community legal agencies(Children and Youth Agency, Probation andParole, etc.).

6. Assignment to another school with designated conditions (two days illegalabsence will result in referral to JudiciaryCommittee, etc.).

7. Assignment to an alternative education program.

8. Combinations of the above.

9. Other recommendations at the discretionof the committee.

10. Referral to the Judiciary Committee forexpulsion.

Judiciary Committee of the Board of Education

Function & CompositionThe function of the Judiciary Committee is to conduct a hearing to determine whether a studentshould be expelled from school. During the hearing, the Judiciary Committee reviews thecharges and the background information whichthe building administrator presents to substantiatethe recommendations for expulsion and alsoreviews information presented by the student, parent/guardian(s), and/or counsel. The Chairperson(Hearing Officer) of the Judiciary Committee isappointed by the Board President.

The Judiciary Committee is comprised of theHearing Coordinator and Hearing Officer, appoint-ed by the school board. The Hearing Coordinatorserves as a resource staff member to the HearingOfficer. When possible and appropriate, theDirector of Student Services or designee willattend Judiciary Hearings.

ProceduresThe building administrator will submit, in writingto the Judiciary Hearing Coordinator, a request fora Judiciary Committee hearing, stating the specificcharges made against the student, a brief summaryof rehabilitative attempts, and the recommendationfor expulsion. If the case is accepted for hearing,the Coordinator’s office will notify, in writing, theparent/guardian(s), the Committee Members, thebuilding administrator, and agency personnel ofthe scheduled time and place of the hearing. Theparent/guardian(s) will be informed of the specificreasons for the hearing and the recommendationwhich has been made by the school administration.They will also be informed that they may be repre-sented by counsel at the hearing. The buildingadministrator, committee members, or parent/guardian(s) may request the attendance of anystaff member (or persons) at the hearing that canprovide significant information which would assistin making a decision. Persons, other than thoseinvolved with the case, may be present, only withpermission of the parent/guardian(s), and theHearing Officer.

33

The Hearing Officer is responsible for making arecommendation to the Superintendent as to thedisposition of the Judiciary Hearing. TheSuperintendent will make a final recommendationto the Board. School personnel and the parent/guardian(s) will receive, in writing from theJudiciary Hearing Coordinator, the decision of theHearing Officer.

WaiverAfter a determination that a student has committedan expellable offense, and with full knowledge oftheir rights, the student and the student’s parentsmay waive their right to a formal School Boardhearing, and accept the consequences describedon a waiver agreement. The student and the stu-dent’s parents further waive their right to contestthe consequences and this agreement by appeal orlegal proceeding in any court.

Reasons for ReferralA building administrator may recommend theexpulsion of a student whose action(s) or behavior(s)were so disruptive or so serious that the Coordinator,in consultation with the Director of Student Servicesor designee agreed that a Judiciary CommitteeHearing is necessary.

Reasons for expulsion may include, but are notlimited to, the following behaviors:

• Carrying or using weapons or dangerousinstruments while on school premises or onthe way to or from school or while attendingschool sponsored activities.

• Possessing or igniting explosives or incendiaries of any type on school premisesor in any area where school activities arebeing held.

• Dispensing, furnishing, or selling any narcotic,hallucinogenic, or dangerous drugs (includingalcohol).

• Tampering with firefighting equipment oremergency alarm system or starting a fire onschool premises.

• Participating in a bomb threat.

• Extorting money or other property.

• Intimidating or assaulting a teacher, fellowstudent, or district employee. Only the mostsevere cases warranting expulsion will bereferred to the Judiciary Committee.

Possible RecommendationFollowing a Judiciary Committee Hearing, theHearing Officer may expel the student from schoolfor a semester, for the remainder of the schoolyear, or longer, at the discretion of the HearingOfficer.

Expelled StudentsExpulsion is exclusion from school by the Board ofEducation for a period exceeding ten (10) schooldays and may be permanent expulsion from theschool rolls. All expulsions require a prior formalhearing under State Board Regulation 12.8 (relatingto hearings).

Students who are less than 18 years of age are stillsubject to the compulsory school attendance laweven though expelled and they must be provided“some provision” of education.

The initial responsibility for providing the requirededucation rests with the student’s parents orguardian, through placement in another school,through tutorial or correspondence study orthrough another educational program approvedby the Superintendent or designee. If the parentsor guardians are unable to provide for the requirededucation, they must submit a written statementwithin 30 days, stating that they cannot providefor the required education. The district then hasthe responsibility to make some provision for thestudent’s education.

If the approved educational program is not complied with, the school district may take actionin accordance with Chapter 63 of the Juvenile Act(42 pa. C.S. §6301-6308), to ensure that the childwill receive a proper education.

“ ”Believe you can and you're halfway there.

—Theodore Roosevelt

SECTION 6GUIDELINES FOR STUDENTS RECEIVING SPECIAL SERVICES

34

35

For Exceptional Students/Students withDisabilitiesSuspensions should not accumulate more than fifteen (15) school days or ten (10) consecutivedays. A disciplinary exclusion of a student with adisability for more than fifteen (15) cumulativeschool days in a school year will be considered apattern so as to be deemed a change in educationalplacement requiring a manifestation determination.

For Students with an Intellectual DisabilitySpecial procedures apply for suspending students who are identified as students with anintellectual disability.

Under State and Federal Special Education regulations, any in-school, out-of school, or transportation suspension (or expulsion) of studentswith an intellectual disability constitutes a changein placement which requires a completion of amanifestation determination, a copy of proceduralsafeguard notice booklet and a Notice ofRecommended Educational Placement (NOREP).The disciplinary exclusion of children with an intellectual disability continues to be governed bythe one (1) day rule established under thePennsylvania Association for Retarded Citizens(PARC) consent decrees.

The NOREP must be issued to the parent/guardianprior to suspension. The NOREP must state thedate(s) and reason for the suspension. A NOREPMUST BE ISSUED EVEN FOR A ONE-DAY SUSPENSION.

If the parent/guardian approves of the suspensionand signs the NOREP, proceed with the suspension.

If the parent/guardian refuses to sign the NOREP orchecks the disapproval box on the NOREP, Principalwill contact the Supervisor of Special Education andGifted Services, who will request approval for suspension from the Office for Dispute Resolution(ODR), (717) 541-4960.

If approval is obtained from a hearing officer atODR, the suspension may be implemented. Thespecial education student cannot be suspendedunless all of these steps have been followed.

For Students with Disabilities Other than anIntellectual DisabilityIndividuals with Disabilities Education Act (IDEA)affords school officials the following options in thediscipline and/or change of placement of studentwith disabilities. A change of placement is definedas (a) The removal of a student for more than 10consecutive school days; or (b) A series of removalsthat constitute a pattern or accumulation of up tomore than 15 school days in a school year, as aresult of factors such as the length of each removal,the total amount of time the child is removed, andthe proximity of the removals to one another.

If the child has committed a violation of schoolrules that would result in a suspension fromschool, and if all regular disciplinary proceduresare followed. The student may be suspended fornot more than ten (10) consecutive school days,provided that:

1. No later than the day on which the decisionto take disciplinary action is made, theschool notifies the parents of the action andof their rights under the IDEA;

2. Within ten (10) school days of taking thedisciplinary action, the Individual EducationPlan (IEP) team develops a plan for conduct-ing a functional behavioral assessment (FBA)of the child, if one has not occurred already;

3. The IEP Team shall meet to develop abehavior intervention plan within ten (10)school days, if such plan does not exist; orthe IEP Team reviews existing behaviorintervention plan for appropriateness; if atleast one member of the team believes thatmodifications are needed; the IEP Team shallmeet to modify as appropriate;

GUIDELINES FOR STUDENTS RECEIVING SPECIAL SERVICES

36

4. Within ten (10) school days of the date onwhich the decision to impose discipline ismade, the team conducts a “manifestationdetermination," which is a review of therelationship between the child’s disabilityand the behavior subject to the disciplinaryaction.

A manifestation determination is required by IDEAwhen considering the exclusion of a student with adisability from school that constitutes a change ofplacement. The IEP team must decide if the behaviorthat is subject to disciplinary action is related to thestudent’s disability (i.e., a manifestation of the stu-dent’s disability) or if the behavior is a direct result ofLEA’s failure to implement the IEP. The IEP teammust answer yes or no to the following statements:

1. The conduct in question was caused by thestudent’s disability or had a direct and substantial relationship to the student’s disability.

2. The conduct in question was the direct resultof LEA’s failure to implement the IEP.

If the team answered “Yes” to either of the questions, the behavior must be considered amanifestation of the student’s disability.

LEA must conduct a functional behavior assessmentplan, or review and modify the plan if one hasalready been developed.

Punishment for a manifestation of a student’s disability is an aversive technique. Therefore, theteam must immediately take steps to remedy anyand all deficiencies found in the student’s IEP or itsimplementation.

Suspensions should not accumulate more than fifteen (15) school days. A disciplinary exclusion ofa student with a disability for more than fifteen(15) cumulative school days in a school year willbe considered a pattern so as to be deemed achange in educational placement requiring a manifestation determination.

The law formalizes the long-held position of theU.S. Department of Education, Office of SpecialEducation, Office of Special Education Programs("OSEP") that schools remain obligated to providespecial education to students who are "suspendedor expelled."

If the violation for which suspension or expulsionis sought consists of the possession of a "danger-ous weapon" in a school-sponsored function or theknowing possession, sale, or solicitation of a "controlled substance," the child may be placedunilaterally in an interim alternative placement forthe same period that a non-disabled studentwould be excluded from school for the sameoffense or for 45 school days, whichever is less,provided that:

1. All of the requirements described above forsuspensions of not more than ten (10) daysare met;

2. The IEP team develops an IEP for the alternative placement that:

• enables the child to participate in thegeneral curriculum, although inanother setting; and

• enables the child to continue toreceive the services described in thecurrent IEP; and

• after 45 school days, the child isreturned to the last placement priorto the interim alternative placement,pending the resolution of any disputes concerning the results of themanifestation determination or thepermanent program and placementrecommendation of the school.

Definitions as used above:

n "Dangerous weapon," as used in the newlaw means anything that is used for, or isreadily capable of, causing death or seriousbodily injury, but NOT a knife with a bladeof less than 21⁄2 inches.

37

Note: This definition is both broader thanthe definition used in Pennsylvania law governing the discipline of non-disabled students and, in its exclusion of small knives,narrower than Federal law. Federal law governs to the extent that it affords moreprotection to the child.

n "Controlled substance" does not include alegally prescribed drug. Refer to StudentHealth Standard Operating Procedures 170(SH-SOP 170).

If a due process hearing officer in an expeditedhearing determines that the school has demon-strated by more than a preponderance of the evi-dence that maintenance of the current placementof the child is substantially likely to result in injuryto the child or others and that the school has madereasonable efforts to minimize such risk, the childmay be placed in an interim alternative educationplacement for the same period that a non-disabledstudent would be excluded from school for thesame offense or for 45 school days, whichever isless, provided that:

1. All of the requirements described above forsuspensions of not more than ten (10)school days are met; and

2. The IEP team develops an IEP for the alternative placement that:

• enables the child to participate in thegeneral curriculum, although in anothersetting; and

• enables the child to continue to receivethe services described in the current IEP; and

• after 45 school days, the child is returnedto the last placement prior to the interimalternative placement, pending the reso-lution of any disputes concerning theresults of the manifestation determina-tion or the permanent program andplacement recommendation of theschool.

The hearing officer is required to "consider" theappropriateness of the IEP in place at the time ofthe violation.

A special education student can be transferred toan alternative education program for up to 45days if the student brings a gun, a pocket knifewith a blade longer than 2½ inches, or anotherweapon to school; uses, buys, or sells illegal drugsat school; or does serious bodily harm to anotherstudent or staff member. Any decision to transfer astudent must be made by the IndividualizedEducation Program (IEP) Team. However, while thedecision is being made, the placement can occur.

For Gifted StudentsStudents ONLY identified as gifted are not includedunder IDEA regulations. According to PA Chapter16 regulations, discipline for gifted students is thesame as discipline for students in regular educa-tion, unless the child is dually identified with a dis-ability category under Chapter 14 regulations.

For Students with 504 Service AgreementsA manifestation determination must be conductedwhen considering an exclusion from school thatconstitutes a change of placement for a studentwith a disability. The 504 team should decide ifthe behavior that is subject to disciplinary action isrelated to the student’s disability (i.e., a manifesta-tion of the student’s disability).

The 504 team should address the following statements:

n The conduct in question was caused by thestudent’s disability or had a direct and substantial relationship to the student’s disability.

n The conduct in question was the directresult of the LEA’s failure to implement the504 Service Agreement.

If the determination of the 504 team is “Yes” toeither one of the statements listed above, thebehavior must be considered a manifestation of

38

the student’s disability and the 504 team musttake steps to review and/or revise the 504 plan toaddress the needs of the child.

If the determination of the 504 team is “No” toboth of the statements listed above, the behavioral

incident is not a manifestation of the student’s disability and the student may be disciplined similarly to their nondisabled (typical) peers.

Based on Board Policy 103.1

GLOSSARY OF TERMS

39

Alternative Education (AEDY):Camelot at Buehrle is for students in grades 6through 12, who have experienced behavioralissues at their home school. ALL students attendingBuehrle have had a formal hearing by theAdministrative Review team or by the JudiciaryHearing Coordinator. Student assignments are for1 semester, 1 school year or 1 calendar year.Student and parent are required to attend orienta-tion before starting the program and must attendthe transition meeting before exiting the program.This is a FULL DAY program for all students.

Bullying/Cyber Bullying:Bullying means an intentional electronic, written,verbal or physical act or series of acts directed atanother student or students, which occurs in aschool setting and/or outside a school setting, thatis severe, persistent or pervasive and has the effectof doing any of the following: substantially interfer-ing with a student’s education, creating a threaten-ing environment and substantially disrupting theorderly operation of the school. Bullying, as definedin this policy, includes Cyber Bullying.

Students who believe they or others have been bullied are encouraged to promptly report suchincidents to any school district employee.

Cheating:To misrepresent academic performance as one’sown by taking answers or work from another individual.

Community Service:Work provided in a building, on grounds, or otherservices provided by the student to the school orto the community at large (Parent permissionrequired).

Compulsory School Age:The period of a child's life from the time the child'sparents/guardians elect to have the child enterschool, and which shall be no later than six (6)years of age until the child reaches eighteen (18)years of age or holds a certificate of graduationfrom a regularly accredited, licensed, registered orapproved high school.

Confiscation:To remove from one’s possession.

Detention:Detention is designated time assigned to studentsby administrators or teachers for various infractions.When the assignment is made, the reason fordetention must be explained to the student, coop-eration from parents will be solicited, and parentswill be informed of the consequences if detentionis not served.

Disorderly Conduct:When an individual makes loud and rowdy noisein the vicinity of the school or at school functions,causing unreasonable disturbance or distress toothers; or when an individual without authority orjustification obstructs school premises; or anyaccess to the school with the intent to prevent orhinder its lawful use by others.

Due Process Hearing:A Due Process Hearing is a procedure in which stu-dents are given due process rights. This processprovides students with an opportunity to presenttheir account of an incident prior to being suspended or given disciplinary consequences foran alleged misconduct.

1. For suspensions up to three (3) days, a student must be informed of the reason forthe suspension, and given the opportunityto meet with the building administrator ordesignee to respond.

2. When the suspension exceeds three (3)school days an informal hearing is providedand includes the following requirements:

(a) notification of the reasons for suspension are given in writing tothe parent/guardian and to the student;

(b) the student has the right to questionwitnesses present and produce witnesses;

(c) the dis

standards and expectations of behavior for students · excluded from the public school or from...

Documents