JDHD-R

File: JDHD-R (pdf)
Adopted: September 23, 1993
Revised: September 26, 1996, June 22, 2000, October 9, 2001

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DISCIPLINE OF HABITUALLY DISRUPTIVE STUDENTS

 Definitions

 1.      "Habitually Disruptive Student" means a student who has been suspended three times during a calendar year, defined as twelve consecutive months from the date of the first suspension:

a.      For reasons stated in Policy JDSE, Student Suspension/Expulsion,

b.      Under circumstances that caused a material and substantial
         disruption;

c.      That occurred at school or on school grounds, at a school-
         sanctioned activity or event, or while being transported in a
         school-approved vehicle; and

d.      Because of behavior that was initiated, willful, and overt on the
         part of the student.

2.      "Parent" means a student's parent, legal guardian, or legal custodian.

Reporting Requirements

 1.      The student and his or her parent, legal guardian, or legal custodian shall be notified in writing of each suspension counted towards declaring the student habitually disruptive, and shall be notified in writing and by telephone or other means of the definition of "habitually disruptive student" and the mandatory expulsion of such students.

2.      The principal or designee shall prepare a brief written summary of the incident underlying any suspension to be counted towards designation as habitually disruptive student. The student and his or her parent, legal guardian, or legal custodian shall be given a copy of the summary that is to be placed in the student's file. The student may submit a written response to the incident report that will be attached to the written summary.

3.      If the principal or designee determines that the student has not caused a material and substantial disruption, the records of the student's involvement in the incident shall be modified to reflect an accurate description of the incident, and the incident shall not be counted toward designation as habitually disruptive student.

4.      If the student's conduct with respect to a single incident constitutes grounds for expulsion, the principal or designee may commence expulsion proceedings pursuant to the procedures set forth in Policy JDSE, Student Suspension/ Expulsion.

Remedial Discipline Plans

1.      A remedial discipline plan must be developed for the student after the first and second suspensions for one of the grounds stated above and under circumstances causing a material and substantial disruption.

2.      The principal or designee shall make reasonable efforts to meet with the student, his or her parents, legal guardian or legal custodian, and any school personnel whom the principal or designee deems should attend to develop a remedial discipline plan.

3.         The purpose of the meeting will be to address the development of a written remedial discipline plan. The discipline plan shall address the student's disruptive behavior, his or her educational needs, the goal of keeping the child in school, and timelines for modifying the disruptive behavior. The plan also shall inform the student of the consequences in the event he or she continues to engage in disruptive behavior in violation of the plan. Such consequences may include discipline, including suspension or expulsion, as provided in the District discipline code or as provided by the rules and regulations of the school.

4.         The remedial discipline plan shall be written in the form of a contract and signed by the student and his or her parents, legal guardian, or legal custodian.

5.      If the student and his or her parents, legal guardian, or legal custodian fail to attend the meeting to establish the remedial discipline plan, after reasonable attempts by the principal or designee to schedule and provide notice of the meeting, the principal or designee may conduct the meeting and establish the remedial discipline plan with those people present at the meeting.

6.      The student, his or her parents, legal guardian or legal custodian, and any school personnel responsible for carrying out the remedial discipline plan shall be provided a copy of the plan, and a copy shall be placed in the student's file.

7.      Further instances of behavior that cause a material and substantial disruption will be dealt with in accordance with the remedial discipline plan.

Discipline of Habitually Disruptive Students

1.      If a student is suspended three times during a calendar year defined as twelve consecutive months from the date of the first suspension:

a.      For reasons stated in Policy JDSE, Student Suspension/Expulsion;

b.      Under circumstances causing a material and substantial disruption;

c.      Occurring on school grounds, at school-sponsored activities or
         events, or in school vehicles; and

d.      Involving behavior that is initiated, willful, and overt on the part
         of the student then he or she is subject to expulsion as a habitually
         disruptive student.

2.      The principal or designee shall initiate proceedings for expulsion of the student, in accordance with District Policy JDSE, Student Suspension/ Expulsion.

Students with Disabilities

All incidents of material and substantial disruption caused by a student identified as a student with disabilities shall be reported by the principal or designee to the student's primary special education provider. When appropriate, the principal or designee shall coordinate the procedures of this policy with the student's IEP or § 504 Plan. Expulsion proceedings may be initiated for disruptive behavior in accordance with the procedures set forth in Policy JDSE, Student Suspension/Expulsion, only if a determination has been made by the student's IEP or § 504 team that the disruptive behavior is not a manifestation of the student's disability.