JK-RA JK-RA REGULATION
STUDENT DISCIPLINE
Definitions
Discipline may include, but is not limited to: oral reprimand, parent conferences, detention, temporary exclusion from the classroom, reassignment, loss of privileges to include participation in sports and other extracurricular activities, loss of credit, withdrawal from class, suspension and/or expulsion.
Drugs include any narcotic or dangerous drug, vapor releasing toxic substance, marijuana or other substance enumerated in A.R.S. 13-3401, as well as any imitation controlled substance listed in A.R.S. 13-3415, and any other controlled substance as defined in schedules I through IV of §202 of the Controlled Substance Act (21 U.S.C. 812) and as further defined by regulation in 21 C.F.R. 1308.11-1308.15. Drug also means steroids and the general group of pharmacological agents commonly known as hallucinogens.
Expulsion is the permanent withdrawal of the privilege of attending school in this District unless the Governing Board reinstates the privilege.
Gang means group of individuals 1) who refer to themselves as a group by a group name or moniker; and 2) whose primary group activities, whether conducted individually or in a group setting, involve activities that are unlawful or contrary to Governing Board policy, including by not limited to; intimidation of others, acts of assault and similar acts of unjustified physical violence against others, and/or activities that damage property, such as graffiti. Gangs also often claim a territory or area and have similar groups that are deemed rivals or enemies.
Long-term suspension is a suspension that exceeds ten (10) school days in duration and may extend for up to two (2) school years.
Medication means patent or proprietary medicines as defined in A.R.S. 32-1901(74). Medication also means substances that are available legally by prescription only.
Parent(s) means a parent or the parents with whom the student resides during the school year. Whenever this policy provides for rights or procedures to be afforded to a student's parent(s), the rights and procedures shall be afforded to:
● The student and not the parent(s), if the student is eighteen (18) years of age or older (unless the student is disabled and has an appointed guardian); and
● The student's guardian if the student resides with a guardian rather than his or her parent(s).
Short-term suspension is a suspension for ten (10) or fewer school days.
Tardiness is arriving late to class or to a required school function.
Truancy is the failure of a student to attend class or a required school function without proper and timely excuse.
Discipline for Prohibited Conduct
Discipline - A student who engages in conduct prohibited by this policy may be disciplined.
Matrix - These rules include a Student Discipline Matrix ("Matrix"). The matrix sets forth rules and the range of possible disciplinary actions. Discipline in excess of the maximum may be recommended and imposed 1) in case of multiple rule violations arising out of the same event or series of events, or 2) when a student repeatedly has violated one or more of these rules, or 3) when the students' conduct is particularly serious. Discipline less than the minimum may be recommended and imposed in appropriate circumstances.
Prohibited Student Conduct
Alcohol. A student shall not possess, sell, offer to sell, purchase, offer to purchase, use, transfer, or be under the influence of alcohol at school, school activities or events.
Arson and Reckless Burning. A student shall not start, attempt to start, or promote the continuation of any fire or explosion. This does not preclude teacher approved class activities such as an approved and supervised experiment in a chemistry class. A person commits arson of an occupied structure by knowingly damaging an occupied structure. A student commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wild land or property.
Cellular Phones and Other Electronic Communication. Possession or use of personal electronic communication devices by students is permitted provided that: a) such devices do not disrupt the education program or school activity; b) such devices are kept in the "off" position in the classroom unless the teacher has expressly permitted their use; and c) the devices are permitted by the school administration and are used in accordance with school guidelines.
Defamation. A student shall not use defamatory words or phrases, post them on the Internet, or distribute defamatory materials. Defamatory words or materials are those that are false and expose a person to hatred, contempt, ridicule, disgust or an equivalent reaction, or are false and have a tendency to impugn a person's occupation, business, or office. The Internet posting of defamatory words or material, even when posted from home, may be subject to disciplinary action.
Defiance of Authority - Untruthfulness. A student shall obey the reasonable orders of teachers, administrators, and other School District employees and shall respond to requests for information from these persons in a truthful manner. A student shall not speak or refer to teachers, administrators, and other School District employees in a vulgar or profane manner.
Disruptive Conduct. A student shall not engage, attempt to engage, or encourage others to engage in any conduct that is reasonably likely to disrupt, or that does disrupt, any school function, process, activity, or electronic services including networks, databases, hard drives, or other computer-accessible sources of information.
Dress and Appearance. A student's dress and appearance shall not present health or safety problems or cause disruption of educational activities. Items of attire with obscene words, slogans or graphics, or slogans or graphic related to drugs, alcohol, or gangs shall not be worn or displayed. Immodest or indecent attire is not acceptable. Footwear must be worn.
Drugs (possession). A student shall not possess, purchase, offer to purchase, use, transfer, or be under the influence of drugs or controlled medication (except that use of medication is allowed if it is prescribed by a physician and used in accordance with the prescription and Governing Board policies). The term "drugs" is defined in the Definition section above, and includes imitation controlled substances, and vapor releasing toxic substances, and the general group of pharmacological agents commonly known as hallucinogens.
Drugs (sale). A student shall not sell or offer to sell drugs or controlled medication. The term "drugs" is defined in the Definition section above, and includes imitation controlled substances and vapor releasing toxic substances, and the general group of pharmacological agents commonly known as hallucinogens.
Drug Paraphernalia (possession). A student shall not possess, transfer, or use drug paraphernalia as defined by A.R.S. 13-3415.
Drug Paraphernalia (sale). A student shall not sell or offer to sell drug paraphernalia as defined by A.R.S. 13-3415.
Emergency Alarms and Fire Control Devices. A student shall not activate or use any fire alarm or emergency control device unless the student reasonably believes that an emergency exists justifying use of the device.
Endangering the Health and Safety of Others. A student shall not engage in conduct that endangers or reasonably appears to endanger the health or safety of other students, school employees, or other persons.
False Reporting. Knowingly submitting a false report shall subject the student to discipline.
Forgery - Cheating. A student shall not use or attempt to use the identity, signature, academic work or research of another person and represent that it is his or her own. A student shall not converse or share his or her knowledge or work with another student before or during a test unless specifically approved in advance by the teacher. A student shall not bring into a test any materials or notes unless approved by the teacher.
Gambling. Unless the activity is properly supervised and has received the express approval of the school principal, a student shall not engage in any game or activity that involves the element of risk or chance with the intention that property or money will be exchanged based on the outcome of the game or activity.
Gang Activity or Association. A student shall not wear, carry, or display gang paraphernalia and/or exhibit behavior or gestures that symbolize gang membership or cause and participate in activities that intimidate or adversely affect the educational activities of another student or the orderly operation of the schools. Gangs that initiate, advocate, or promote activities that threaten the safety or well-being of persons or property on school grounds or disrupt the school environment are harmful to the educational process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of dress or grooming that by virtue of its color, arrangement, trademark, symbol, or any other attribute that indicates or implies membership or affiliation in such a group is prohibited because of the disruption to the educational activities that result from such activities or dress.
Harassment/Sexual Harassment/Intimidation/Bullying (See Policy JICK, Student Violence/Harassment/Intimidation/Bullying). A student shall not harass, intimidate, or bully another person. This includes but is not limited to, threats to use physical, sexual, verbal or emotional abuse to humiliate or coerce others and aggressive, antisocial behavior. Cyber harassment, intimidation and bullying includes any act of harassment, intimidation or bullying committed by use of electronic technology or electronic communication including by cell phone, social networking, and other internet communications. Cyber harassment, intimidation and bullying is prohibited on school computers, networks, forums, mailing lists or other District owned property as well as on an individual's personal electronic media and equipment. Harassment, intimidation and bullying may include, but is not limited to the following conduct:
● Unwelcome, offensive, or derogatory verbal or written comments. Examples may include comments, jokes, sexual innuendoes, name calling, use of slang that others find offensive, or rumor spreading. Note that conduct does not have to reference a specific person.
● Calling attention to physical or sexual characteristics in a negative or embarrassing manner.
● Displaying or threatening to display on school property or on the internet or through social media nude or sexual pictures, cartoons, graphics, or calendars including portrayal of one or more students in an unflattering manner.
● Social exclusion, ostracism, hazing, or stalking.
● Unwelcome physical contact such as touching, pushing, hitting, kicking, shoving, or spitting.
● Extortion.
● Threats of harm to a person or property.
● Damage to or theft of personal property.
● Physical harm or violence.
Conduct that is harassment, intimidation, or bullying may be verbal, written or physical, and/or include use of the internet and social media. Such conduct may occur directly or through another person.
Prohibited sexual harassment includes unsolicited and unwelcome contact that has sexual overtones. This includes:
● Written contact such as sexually suggestive or obscene letters, notes, electronic messages or invitations;
● verbal contact such as sexually suggestive or obscene comments, threats, slurs, epithets, jokes about gender specific traits, sexual propositions, and threats to disclose information;
● physical contact such as touching, pinching, brushing up against another's body, impeding or blocking movement, assault;
● visual contact such as leering or staring at another's body, gesturing, displaying sexually suggestive objects or pictures, cartoons, posters, or magazines.
In some cases, conduct can be deemed harassment, intimidation or bullying even though the conduct is not directed at a particular group of students.
Harassment also includes continuing to express sexual or social interest after being informed directly that the interest is unwelcome.
Harassing conduct that is nonsexually oriented is also prohibited. Such conduct may include actions, words, jokes, or comments based on an individual's disability, race, national origin, religion, or other legally protected characteristics.
Indecent Exposure. A student shall not engage in any activity where there is deliberate exposure of a portion or portions of the student's own body. Prohibited exposure includes "flashing" and "mooning."
Initiation and Hazing. A student shall not engage in any activity involving an initiation, hazing, intimidation, assault, or other activity related to group affiliation that is likely to cause or does cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students or others. All initiations, including those related to any school club, athletic team, or other group are subject to the above prohibitions whether or not the conduct occurs on school grounds.
Misrepresentation - Extortion - Theft. A student shall not take, use, or borrow any property by misrepresentation, deception, or by express or implied threat. A student shall not take, use, or borrow property belonging to another person without that person's permission to use or take the property.
Obscenity - Vulgarity. A student shall not use obscene or vulgar language or gestures or distribute obscene or vulgar materials. Obscene materials, language, or gestures are those that an average person, applying contemporary standards of the school community, would find that taken as a whole, appeal to prurient interests and lack serious literary, artistic, political, or scientific value. The standard to be used is that of the school community, in recognition of the fact that students are, as a group, younger and more sensitive than the general adult population. Vulgar language, materials, or gestures include language, materials, or gestures that depict sexual and/or excretory activities in a patently offensive manner.
Sexual Abuse. Sexual Abuse is any sexual contact involving a student. It does not include consensual contact if (a) both students are 14 through 17 years of age; (b) both students are over 17 years of age; (c) one of the students is 18 or 19 years of age and the other student is 16 or 17 years of age, but not more than twenty-four (24) months younger than the older student.
Taking/Sending Sexually Explicit Photographs of Minors. A student shall not take and/ or send sexually explicit photographs or messages of a student via technology (sexting).
Tardiness. A student shall not be tardy to class or to any required school activity.
Threats - Assaults - Fighting. A student shall not make verbal, written, or physical threats; nor verbally or physically threaten, abuse, assault, or engage in a fight with any student, school employee, or any other person.
Tobacco - Tobacco Products-Vapor Products. A student shall not possess or use tobacco or tobacco products, matches, lighters, or electronic cigarettes/vaporizer pens, e-liquids, or other vapor products.
Traffic and School Bus Rules. When operating a motor vehicle on campus or at a school event, a student shall follow all school and other traffic rules and shall operate the motor vehicle in a safe and prudent manner. A student shall abide by all school rules regulating the student's conduct while in a school bus or other school vehicle, and shall obey the directives of school bus drivers.
Truancy. A student shall not be truant from class or any required school activity.
Unauthorized Entry. A student shall not gain or attempt to gain forceful or unauthorized entry to, or occupation of, school buildings or grounds designated off limits areas on or off the campus.
Vandalism - Littering - Destruction of Property. A student shall not damage, destroy, or deface any school property or property belonging to any other person, and shall not litter on school property or at a school event.
Violation of Federal, State, or Local Law. A Student shall not violate any federal, state, or local law.
Violation of School Policies and Rules. A Student shall not violate any Governing Board policy, administrative regulation, or school rule.
Weapons or Dangerous Items. A student shall not possess, use, or threaten to use firearms, weapons, explosives, fireworks, laser pens, or any other instrument capable of harming any person or property or that reasonably would create the impression of such harm.
Permissible Penalties
The range of penalties that may be imposed for violations of student discipline rules include, but are not limited to, the following:
● Verbal warning.
● Written warning.
● Written notification to parents.
● Probation.
● Detention.
● Suspension from transportation.
● Suspension from athletic participation.
● Suspension from social or extracurricular activities.
● Suspension of other privileges.
● Exclusion from a particular class.
● Confinement with implementation of mandatory provisions.
● In-school suspension.
● Involuntary transfer.
● Community service.
● Suspension.
● Alternative to Suspension Program.
● Expulsion.
● Alternative Educational Program.
Depending upon the nature of the violation, student discipline may be progressive, i.e., generally, a student's first violation should merit a lighter penalty than subsequent violations. A District employee or agent should take into account all other relevant factors in determining an appropriate penalty. The above penalties may be imposed either alone or in combination.
Student Disciplinary Proceeding
Each school will establish a procedure that at a minimum will provide the principal, or the designee of the school administrator, with documentation of the teacher's reason(s) for the temporary removal of a student from class.
Refusal to readmit per A.R.S. 15-841:
● Upon discussion, by the administrator with the teacher, of disciplinary action implemented in conjunction with a temporary removal in accord with the rules established by the Board, the teacher will be required to state an intent to readmit or refuse to readmit the removed student. If the teacher refuses to readmit the student, the reason shall be written by the teacher, explaining the conditions used to determine the removal, and shall be provided to the administrator by the next business day following the temporary removal.
● Either of the following conditions must exist for a temporary removal per A.R.S. 15-841:
■ The teacher has documented that the pupil has repeatedly interfered with the teacher's ability to communicate effectively with the other pupils in the class or with the ability of the other pupils to learn.
■ The teacher has determined that the pupil's behavior is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.
● The matter will be referred to the school placement review committee (SPRC) constituted in accord with statute if the conditions are consistent with those stated in A.R.S. 15-841. Within three (3) business days following the date of temporary removal, the SPRC shall determine to either place the student in a new class or return the student to the existing class if that is the best or only practicable alternative.
● If the student is qualified for educational services under the Individuals with Disabilities Education Act (IDEA), any change in the student's individualized education program (IEP) shall be determined by the IEP team in accord with federal regulations.
Any teacher, administrator, Board member, parent, or other person may report a violation of student disciplinary rules to an administrator. The administrator will then make an investigation of the charges as deemed appropriate and will institute appropriate proceedings.
This information for the maintenance of public order on school property will be publicized and explained to all students and provided in writing to parents as requested. In order to promote effectiveness of student discipline, the assistance of parents in enforcing rules for student discipline shall be invited and encouraged.
Involving Staff Members
The principal is responsible for involving staff members of the school in the development of a positive plan for student discipline. All staff members are responsible for implementing the plan of student discipline for the school.