Winston-Dillard School District 116

 
                                                                                                                   Code:   EEACC-AR

                                                                                                              Adopted:   11/16/05

 

 

 

                 Discipline Procedures for District-Approved Student Transportation

 

 

All students eligible for district-approved student transportation shall receive safety instruction and a code of conduct.

 

Violation of the code of conduct or conduct which jeopardizes the health/safety of self and/or others may result in the loss of district-approved transportation services.

 

The following procedures address:

 


 

1.       Safety instructions;

2.       Code of conduct;

3.       Violations;

4.       Suspension;

5.       Expulsion;


6.       Right of appeal;

7.       Reinstatement;

8.       Education;

9.       Special education students.


 

I.       Safety Instructions

 

A.      Each September and January the transportation supervisor will direct all bus drivers to conduct a safety review with all students who are regularly transported by the district.

 

1.       The drivers shall review the code of conduct which is to be posted.

2.       The drivers shall review the consequences of a violation as outlined in this procedure.

3.       The drivers shall conduct unloading, loading and emergency exit evacuation drills.

4.       The drivers shall review all hazards such as crossing a road and bus stop conduct.

 

B.      Each September and January the transportation supervisor will direct all bus drivers to conduct a safety review with all other students.

 

1.       The drivers shall review safe bus riding procedures.

2.       The drivers shall review use of emergency exits.

 

C.      The transportation supervisor will record dates and content of safety instructions by each driver.  Such information shall be kept as a part of the district’s records.

 

II.      Code of Conduct

 

A.      Each year the district will include the following transportation rules in the student/parent handbook or issue a code of conduct to all students and parents accompanied by the following form to be acknowledgment of being read and understood.

The district will provide interpretation to those students/parents whose primary language is not English.

 

                   While riding a school bus, students will:

 

1.        Obey the driver at all times;

2.        Not throw objects;

*3.      Not have in their possession any weapon as defined by Board policy JFCJ - Weapons in the Schools;

*4.      Not fight, wrestle or scuffle;

*5.      Not stand up and/or move from seats while the bus is in motion;

*6.      Not extend hands, head, feet or objects from windows or doors;

*7.      Not possess matches or other incendiaries and concussion devices;

*8.      Use emergency exits only as directed by the driver;

*9.      Not damage school property or the personal property of others;

*10.    Not threaten or physically harm the driver or other riders;

*11.    Not do any disruptive activity which might cause the driver to stop in order to reestablish order;

*12.    Not make disrespectful or obscene statements;

*13.    Not possess and/or use tobacco, alcohol or illegal drugs;

  14.    Not eat or chew gum;

  15.    Not carry glass containers or other glass objects;

  16.    Not take onto the bus skateboards, musical instruments or other large objects which might pose safety risks or barriers to safe entry and exit from the bus;

  17.    Accept assigned seats;

  18.    Stay away from the bus when it is moving;

  19.    Be at the bus stop five minutes before the scheduled pick up time (schedules will be posted on all buses);

**20.  Answer to coaches, teachers and chaperons who are responsible for maintaining order on trips.

 

 

*          These regulations, if broken, are SEVERE violations with severe consequences because of the threat to the safety of others.

 

**        Coaches, teachers and chaperons: (1) must have a copy of the bus regulations and know them before going on a trip; and (2) must position themselves on the bus as to be in control of discipline at all times.

 

 

I have read the above rules and have discussed them with my student.  We understand the importance of this code of conduct.

 

                                                                                                                                                                   

Parent                                                                             Student

 

 


 

III.     Violations

 

Each year the district will include the following procedures for violations in the student/parent handbook.

 

The district will provide interpretation to those students/parents whose primary language is not English.

 

                                           DISCIPLINARY PROCEDURES FOR VIOLATIONS

 

1.       First Citation - Warning*:          The driver verbally restates behavior expectations and issues a warning citation*.

 

2.       Second Citation*:                     The student is suspended from the bus until a conference, arranged by the transportation supervisor, has been held with the student, the parent, the bus driver, the transportation supervisor and the principal.

 

3.       Third Citation* of the year:        The student receives a 5- to 10-day suspension and will not be able to ride the bus until a conference, arranged by the transportation supervisor, has been held with the student, the parent, the bus driver, the transportation supervisor and the principal. At this time a behavior contract will be made with the student and a bus seat may be assigned.  Further violations of bus regulations will be considered a severe violation.

 

4.       Severe Violations:           Any severe violation will result in the immediate suspension of the student for a minimum of 10 days, and up to a 1-year expulsion.  There will be a hearing at this time, arranged by the transportation supervisor, involving the student, the bus driver, the transportation supervisor, the parent and the principal.

 

5.       In all instances, the appeal process may be used if the student and/or parent desires.

 

 

*          All citations must be signed by the parents, the transportation supervisor, the bus driver and the principal before the student will be allowed to ride the bus again.

 

 


                                                                   APPEAL PROCEDURE

 

If a student or parent wishes to appeal the application of the discipline policy, the steps outlined below should be used.  If the student or parent wishes to complain about a school employee’s decision, use policy KLD - Public Complaints about District Personnel.

 

STEP I        The student or his/her representative will discuss the issue with the transportation supervisor and principal.

 

STEP II       If the student is not satisfied with the outcome of the discussion, he/she may file a written statement with the principal and transportation supervisor. This is to be done within 10 school days of the act or condition which is the basis of the complaint. The administration will, within three school days, arrange a student, parent, transportation supervisor, principal conference with the goal of resolving the issue.

 

STEP III      Within five school days, the principal is to communicate, in writing, the decision to the student and the student’s parents.

 

STEP IV     If, after five school days from receipt of the administrator’s reply, the issue still remains unresolved, the student may submit the matter in writing to the superintendent. The superintendent will meet with the student within three school days and will respond to the issue, in writing, within five school days after the appeal.

 

STEP V       If the issue is still unresolved, the student may appeal to the Board. The Board will notify persons involved that a hearing will be held within 14 days of receipt of the appeal. The Board shall review correspondence, hear relevant facts and respond to the student within three school days following the hearing.

 

 

 

 

 

Please return this signed form to the driver on or before the second day of school.

 

I have read and understand the transportation contract plan.  I understand that transportation is an important service and that the safety of my student is the primary concern.

 

 

                                                                                                                                                                   

Student’s Name                                           Parent’s Signature                                        Date

 

Bus Route # Phone Numbers: (Home)                                                (Work)                                   

 

School                                                                                                                                                        


 

IV.     Suspension Procedures

 

A.      Due process procedures used by the district governing student behavior shall be applied. Normally the suspension process shall be in accordance with the following procedures:

 

1.       Suspension hearings shall be conducted in private, and will be more informal than is the case of an expulsion hearing. The hearing will be conducted by the superintendent or designated representative. The procedure should be more of a conversation between the two parties than a formal hearing;

2.       The student will be informed of the violation(s) and given the opportunity to be heard and present his/her view of the occurrence;

3.       If suspension is to follow, the student will be given the reason(s) for the action, the duration of the suspension and the tentative procedures for reinstatement;

4.       If possible, parents will be notified immediately by telephone of the suspension and given reasons for the action. The parents will be encouraged to conference with the building administrator.  Arrangement should be made for the student’s transportation to and from school;

5.       A written communication will be mailed to the student and parents within one workday restating the reasons for the action(s), the duration of the suspension and procedure for arranging a mutually satisfactory time for a conference for possible readmittance;

6.       The written communication shall state that the parent may appeal the reason for suspension and the duration of suspension to the appropriate administrator;

7.       In special or emergency circumstances, a suspension may be continued until some specific pending action occurs, such as a physical or mental examination, incarceration by court action or if there is a serious risk that substantial harm will occur if the suspension is terminated pending an intended expulsion.


                                                 SCHOOL BUS INCIDENT REPORT (Sample)

 

                                                Date:                     Route:                   AM              PM

 

Dear Parents:

 

This report is to inform you of disciplinary action taken as a result of your student’s actions which jeopardized the safety and well-being of all students on the bus.  We urge you to support this corrective action by impressing upon your student the need for safety on our school buses.

                                                                              has been cited for an infraction of the rules listed below:

 

 

Description of incident:

 

*Failed to obey driver.

 

 

*Threw an object(s).

 

 

*Possessed a weapon or other dangerous object(s).

 

 

*Fought, wrestled, scuffled.

 

 

*Stood/Changed seat with bus moving.

 

 

*Extended from bus door/window.

 

 

*Possessed matches, incendiaries, etc.

 

 

*Used emergency exit.

 

 

*Vandalism of property.

 

 

*Threatened/Harmed driver/rider.

 

 

*Disruption:  Driver stopped bus.

 

 

*Disrespectful and/or obscene statements.

 

 

*Possessed alcohol, tobacco, unlawful drugs.

 

 

Eating or chewing gum.

 

 

Possessed glass container or object.

 

 

Impeded movement of bus.

 

*  An asterisk may result in loss of transportation service with no warning citation.

 

( )  Warning

( )  Second Citation: may suspend until conference

( )  Third Citation: 5-10 day suspension

( )  SEVERE INFRACTION:   10-day suspension to 1-year expulsion

 

Route Number:                                                      Driver Signature:                                                   

 

Student Phone Number:                               Parent Signature:                                                   

 

District Representative:                                                                                                                                        

 

CITATIONS MUST BE SIGNED BY PARENT


 

V.      Expulsion Procedures

 

A.      Due process procedures used by the district governing student behavior shall be applied. Students will not be expelled without a hearing unless the student’s parents waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing. By waiving the right to a hearing, the student and parent agree to abide by the findings of a hearings officer.

 

When an expulsion hearing is not waived, the following procedure is required:

 

1.       Notice will be given to the student and the parent by personal service or by certified mail at least five school days prior to the scheduled hearing. Notice will include:

 

a.       The specific charge or charges;

b.       The conduct constituting the alleged violation, including the nature of the evidence of the violation;

c.       A recommendation for expulsion;

d.       The student’s right to a hearing;

e.       When and where the hearing will take place; and

f.        The right to representation.

 

2.       The superintendent or designee will act as hearings officer. The district may contract with an individual who is not employed by the district to serve as the hearings officer.  The hearings officer will conduct the hearing and will not be associated with the initial actions of the building administrators;

3.       In case the parent or student has difficulty understanding the English language or has other serious communication disabilities, the district will provide a translator;

4.       The student will be permitted to have a representative present at the hearing to advise and to present arguments.  The representative may be an attorney and/or parent.  The school district’s attorney may be present;

5.       The student will be afforded the right to present his/her version of the charge(s) and to introduce evidence by testimony, writings or other exhibits;

6.       The student will be permitted to be present and to hear the evidence presented by the district;

7.       The hearings officer will determine the facts of each case on the evidence presented at the hearing.  Evidence may include the relevant past history and student education records.  Findings of fact as to whether the student has committed the alleged conduct will be submitted to the Board, along with the officer’s decision on disciplinary action, if any, including the duration of any expulsion.  This decision will be available in identical form to the Board, the student and the student’s parents at the same time;

8.       The hearings officer or the student may make a record of the hearing;

9.       The hearings officer’s decision is final.  However, this decision may be appealed to the Board.  At its next regular meeting, the Board will review the hearings officer’s decision and will affirm, modify or reverse the decision.  Parents or students who wish to appeal the hearings officer’s decision will have the opportunity to be heard at the time the Board reviews the decision;

10.     Expulsion hearings will be conducted in private and Board review of the hearings officer’s decision will be conducted in executive session unless the student or the student’s parent requests a public hearing.  If an executive session is held by the Board or a private hearing by the hearings officer, the following will not be made public:

 

a.       The name of the minor student;

b.       The issues involved;

c.       The discussion;

d.       The vote of Board members, which may be taken in executive session.

 

VI.     Right of Appeal

 

A.      At each step of the discipline procedures used in district-approved transportation services, parents, students and/or a representative have a right to appeal.

 

B.      All appeals must be in writing.

 

C.      Appeals are to be made to the responsible person at the level of appeal.

 

D.      Final appeal may be made to the Board.

 

E.       Board decisions are final.

 

VII.   Reinstatement

 

A.      A conference to discuss reinstatement shall be conducted under the following guidelines:

 

1.       When deemed necessary, parent(s) and student shall be present at the conference;

2.       The principal shall fully explain matters and permit the parties involved to fully explain their positions;

3.       The principal shall make a decision which provides guidelines for the student to follow when transportation services are reinstated.

 

VIII.  Education

 

A.      Disciplinary action for violating the transportation code of conduct and/or transportation health and safety requirements shall be confined to district-approved transportation services.

 

Therefore, students who have lost district-approved transportation services through a disciplinary action shall be expected to continue with the district’s educational requirements.

 

B.      Students’ academic grades will reflect academic achievement.  Therefore, misconduct or absenteeism shall not be a sole criterion for grade reduction.  Students will be expected to continue to meet the district’s attendance and educational requirements.

 

C.      Makeup work may be provided:

 

1.       If makeup work is needed, the district’s policy and procedures will be followed.

 

D.      Alternative education may be provided:

 

1.       If alternative education is needed, the district’s policy and procedures will be followed.

 

IX.     Special Education Students

 

        

Special education students will be disciplined in accordance with Board policy JGDA/JGEA - Discipline of Disabled Students and accompanying administrative regulation.

 

A.      Definitions

 

1.       The district applies the following definitions when considering disciplinary action:

 

a.       “Behavioral intervention plan” means an individualized plan, including positive interventions, designed to assist a student to decrease inappropriate behavior and increase or teach an alternative appropriate behavior;

b.       “Current educational placement” means the type of educational placement of the student as described in the student’s “annual determination of placement” document at the time of the disciplinary removal.  It does not mean the specific location or school but the types of placement on the continuum of placement options;

c.       “Disciplinary removal” means suspension, expulsion or other removal from school for disciplinary reasons, including removals pending completion of a risk assessment.  It does not include:

 

(1)     Removals by other agencies;

(2)     Removals for public health reasons (e.g., head lice, immunizations, communicable diseases, etc.);

(3)     In-school suspensions if the student continues to have access to the general curriculum and to special education and related services as described in the student’s individualized education program (IEP), and continues to participate with nondisabled students to the extent they would in their current placement; or

(4)     Bus suspensions, unless the student’s IEP includes transportation as a related service, the district makes no alternative transportation arrangements for the student and the student does not attend school as a result of the bus suspension.

 

d.       “Functional behavioral assessment” means an individualized assessment of the student that results in a team hypothesis about the function of a student’s behavior and, as appropriate, recommendations for a behavior intervention plan;

e.       “Suspension” means any disciplinary removal other than expulsion.

 

B.      Disciplinary Removals for up to 10 School Days

 

1.       The district may suspend students with disabilities from their current educational placement for up to 10 school days in a school year to the same extent, and with the same notice, as for students without disabilities.  These removals are not considered a change in placement.

2.       During disciplinary removals for up to 10 school days:

 

a.       The district is not required to provide access to special education and the general curriculum unless students without disabilities are provided access during this time;

b.       The district is not required to determine whether the student’s behavior resulting in the disciplinary removal is a manifestation of the student’s disability;

c.       The district counts days of suspension as follows:

 

(1)     Suspensions of a half day or less will be counted as a half day; and

(2)     Suspensions of more than a half day will be counted as a whole day;

(3)     If a student moves from another school district in Oregon, any days of suspension from the former district apply, unless the district does not have knowledge of previous suspensions.

 

3.       If a parent disagrees with a suspension and requests a due process hearing:

 

a.       The district may require the student to complete the suspension before returning to his/her current educational placement;

b.       The student will return to the current educational placement after the suspension unless the student is removed to an interim alternative educational setting, or if the parent and district agree to another placement pending the hearing.

 

C.      Additional Disciplinary Removals of up to 10 School Days When There is No Pattern of Removal

 

1.       The district may suspend students with disabilities from their current educational placement for additional periods of up to 10 days in a school year to the same extent, and with the same notice, as for students without disabilities, if the removals do not constitute a pattern.  These removals do not constitute a change in placement.

2.       In determining whether removals of additional periods of up to 10 school days constitute a pattern of removals, school personnel will consider:

 

a.       The length of each removal;

b.       The total time of removals; and

c.       The proximity of the removals to one another.

 

3.       During removals of additional periods of up to 10 school days in a school year that do not constitute a pattern, the district will provide services that are necessary to enable the student to:

 

a.       Appropriately progress in the general curriculum;

b.       Appropriately advance toward achieving the goals in the student’s IEP; and

c.       The services and location for delivery of services in this section will be determined by school personnel, in consultation with the student’s special education teacher, or by the student’s IEP team.

 

4.       Within 10 business days of the first removal for additional periods of up to 10 school da