POLICY

5600. PUPIL DISCIPLINE/CODE OF CONDUCT (M)

M

The Board of Education adopts this Pupil Discipline/Code of Conduct Policy

to establish standards and procedures for positive pupil development and

behavioral expectations on school grounds, including on a school bus or at

school-sponsored functions, and as appropriate, for conduct away from

school grounds.

Every pupil enrolled in this district shall observe promulgated rules and

regulations and submit to the discipline imposed for infraction of those

rules. Regulation 5600 shall include a description of school responses

and consequences to violations of the behavioral expectations established

by the Board that, at a minimum, are graded according to the severity of

the offenses, considering the developmental ages of the pupil offenders

and pupils’ histories of inappropriate behaviors pursuant to N.J.A.C.

6A:16-7.1(c)5.

The development, and update of this Policy shall involve parent, and

community involvement which shall be based on locally determined and

accepted core ethical values.

The Board will review this Policy and Regulation after considering the

findings of the annual reports of pupil conduct, including suspensions and

expulsions, pursuant to N.J.A.C. 6A:16-7.1(a)5 and 6, and the incidences

reported under the Electronic Violence and Vandalism Reporting System, in

accordance with N.J.A.C. 6A:16-5.3.

The Chief School Administrator shall report annually on the implementation

of the Pupil Discipline/Code of Conduct Policy to the Board at a public

meeting pursuant to N.J.A.C. 6A:16-7.1(a)5. The Chief School

Administrator shall submit a report annually to the New Jersey Department

of Education on pupil conduct, including all pupil suspensions and

expulsions, and the implementation of the Pupil Discipline/Code of Conduct

Policy in accordance with the format prescribed by the Commissioner of

Education and the Electronic Violence and Vandalism Reporting System,

pursuant to N.J.A.C. 6A:16-5.3(e).

For pupils with disabilities, subject to Individualized Education Programs

in accordance with 20 U.S.C. §1400 et seq., the Individuals with

Disabilities Education Improvement Act, and accommodation plans under 29

U.S.C. §§ 794 and 705(20), pupil discipline and the code of conduct shall

be implemented in accordance with the components of the applicable plans.

The Chief School Administrator or designee shall have the authority to

assign discipline to pupils. School authorities also have the right to

impose a consequence on a pupil for conduct away from school grounds,

including on a school bus or at a school-sponsored function pursuant to

N.J.A.C. 6A:16-7.6. This authority shall be exercised only when it is

reasonably necessary for the pupil’s physical or emotional safety,

security, and well-being or for reasons relating to the safety, security,

and well-being of other pupils, staff, or school grounds, pursuant to

N.J.S.A. 18A:25-2 and 18A:37-2. This authority shall be exercised only

when the conduct which is the subject of the proposed consequence

materially and substantially interferes with the requirements of

appropriate discipline in the operation of the school. Consequences shall

be handled in accordance with Policy and Regulation 5600, pursuant to

N.J.A.C. 6A:16-7.1, and as appropriate, in accordance with N.J.A.C.

6A:16-7-2, 6A:16-7.3, or 6A:16-7.5.

Any pupil to be disciplined shall be provided the due process procedures

for pupils and their families as set forth in N.J.A.C. 6A:16-7.2 through

7.6.

When a pupil transfers to a public school district from another public

school district, all information in the pupil’s record related to

disciplinary actions taken against the pupil by the school district and

any information the school district has obtained pursuant to N.J.S.A.

2A:4A-60, Disclosure of Juvenile Information, Penalties for Disclosure,

shall be provided to the receiving public school district, in accordance

with the provisions of N.J.S.A. 18A:36-19(a), N.J.A.C. 6A:32(e)10.iv., and

N.J.A.C. 6A:16-7.10.

Regulation 5600 shall include a description of pupil responsibilities that

include expectations for academic achievement and behavior, a description

of behaviors that will result in suspension or expulsion pursuant to

N.J.S.A. 37-2, and a description of pupil rights pursuant to N.J.A.C.

6A:16-7.1(c)3.i through vii.

Comprehensive behavioral supports that promote positive pupil development

and the pupil’s abilities to fulfill the behavioral expectations

established by the Board will include: positive reinforcement for good

conduct and academic success including the programs as outlined in Policy

5440; supportive interventions and referral services including those

services outlined in Policy 2417; remediation of problem behaviors that

take into account the nature of the behaviors, the developmental ages of

the pupils and the pupil’s histories of problem behaviors and performance;

and for pupils with disabilities, the behavior interventions and supports

shall be determined and provided pursuant to the requirements of N.J.A.C.

6A:14.

The Chief School Administrator or designee shall maintain a current list

of community-based health and social service provider agencies available

to support a pupil and the pupil’s family, as appropriate, and a list of

legal resources available to serve the community.

Pupil discipline and code of conduct in the district will be applied

without regard to race, color, religion, ancestry, national origin,

gender, sexual orientation, gender identity and expression, or a mental,

physical or sensory disability or by any other distinguishing

characteristic, pursuant to N.J.S.A. 10:5.

The Pupil Discipline/Code of Conduct Policy shall be disseminated annually

to all school staff, pupils, and parent(s) or legal guardian(s). School

staff shall be trained annually on the Pupil Discipline/Code of Conduct

Policy and Regulation, which shall include training on the prevention,

intervention, and remediation of pupil conduct in violation of the

district’s Policy and Regulation. Information on this Policy and

Regulation shall be incorporated into the orientation program for new

employees.

N.J.S.A. 18A:6-1; 18A:36-25.1; 18A:25-2; 18A:36-19a;

18A:37-1 et seq.

N.J.A.C. 6A:16-7.1 et seq.; 6A:14-1.1 et seq.

Adopted: 9 February 2009

REGULATION

5600. PUPIL DISCIPLINE/CODE OF CONDUCT (M)

M

A. Purpose

The purpose of these regulations is to achieve the following

purposes:

1. Foster the health, safety, social, and emotional

well-being of pupils;

2. Support the establishment and maintenance of civil, safe,

secure, supportive, and disciplined school environments conducive to

learning;

3. Promote achievement of high academic standards;

4. Prevent the occurrence of problem behaviors;

5. Establish parameters for the intervention and remediation

of pupil problem behaviors at all stages of identification; and

6. Establish parameters for school responses to violations

of the pupil discipline/code of conduct that take into account, at a

minimum, the severity of the offenses, the developmental ages of the

pupil offenders, and pupils' histories of inappropriate behaviors.

B. Rules of Conduct

1. All pupils are bound by law, policies of the Board of

Education, and the administrative regulations of this school

district.

2. In addition, pupils shall not:

a. Be insubordinate to teachers or other school staff

members or disregard their instructions or demonstrate lack of

respect for their authority;

b. Create disorder or disruptions on school premises;

c. Use, threaten, or incite the use of physical force

against other pupils, staff members, or visitors to the school;

d. Steal, damage, or deface the property of other pupils,

staff members, or the district;

e. Engage in the sexual and/or other harassment of pupils or

staff members;

f. Violate codes of conduct adopted for organizations of

pupils;

g. Possess or use weapons or any implement intended to harm

others;

h. Use foul, abusive, derogatory, or demeaning language,

including racial and ethnic remarks;

i. Convey information about other pupils or staff members

known to be false;

j. Act so recklessly as to endanger the safety of others;

k. Procure the property of others by threat or intimidation;

l. Enter school premises or any specific portion of the

premises without permission and without authority;

m. Vandalize school property, real or personal;

n. Create litter on school property;

o. Be truant from school or class;

p. Cheat or otherwise engage in academic dishonesty;

q. Persistently refuse to complete homework and other

assignments;

r. Engage in illegal gambling;

s. Smoke on school property;

t. Falsify an excuse or any school document;

u. Set fire to or cause a fire in any way on school

premises;

v. Possess or explode a firecracker or other explosive

device on school premises;

w. Sound or cause to be sounded a false alarm for fire, bomb,

or other condition or circumstance hazardous to others;

x. Possess, use, or distribute a substance in violation of

Policy No. 5530;

y. Join a secret society prohibited by law; or

z. Engage in any other activity expressly prohibited by a

school staff member in authority.

3. Pupils assigned to a school bus must obey all school

rules, and

a. Show respect for the driver at all times;

b. Enter and leave the bus in an orderly manner;

c. Ride only the bus to which they have been assigned;

d. Be and remain seated while the bus is in motion;

e. Avoid reckless and boisterous activity at all times,

including during waits at pickup points;

f. Talk in a reasonable tone of voice and avoid loud

noises;

g. Extend no portion of the body or other object out a bus

window;

h. Keep aisles clear at all times;

i. Refrain from bringing animals or bulky, unmanageable

projects onto the school bus;

j. Refrain from smoking, eating, and drinking on the bus;

and

k. Possess, use, or distribute no substance in violation of

Policy No. 5530.

4. The Chief School Administrator or designee has the right

to impose a consequence on a pupil for conduct away from school

grounds pursuant to N.J.A.C. 6A:16-7.6. This authority shall be

exercised only when it is reasonably necessary for the pupil’s

physical or emotional safety, security, and well-being or for

reasons relating to the safety, security, and well-being of other

pupils, staff, or school grounds, pursuant to N.J.S.A. 18A:25-2 and

18A:37-2 or when the conduct which is the subject of the proposed

consequence materially and substantially interferes with the

requirements of appropriate discipline in the operation of the

school. Consequences shall be handled in accordance with Policy and

Regulation 5600, pursuant to N.J.A.C. 6A:16-7.1, and as appropriate,

in accordance with N.J.A.C. 6A:16-7-2, 6A:16-7.3, or 6A:16-7.5.

C. Disciplinary Measures

The following disciplinary measures may be applied as appropriate to

the pupil's violation of school rules. The measures are sequential

and are organized in order of severity.

1. Admonishment

A school staff member in authority may admonish the pupil for

his/her unacceptable conduct and warn the pupil that additional

misconduct may warrant a more severe penalty.

2. Temporary Removal from Classroom

a. The classroom teacher may direct the pupil to report to

the office of the administrator in charge of pupil discipline.

b. The teacher will complete a form that indicates the

pupil's name, homeroom, and the conduct that has caused the pupil's

removal from the room.

c. The administrator in charge of discipline will interview

the pupil and determine which, if any, additional disciplinary steps

are indicated.

3. Deprivation of Privileges

The pupil may be deprived of the privilege of:

a. Moving freely about the school building,

b. Participation in co-curricular or inter/intrascholastic

activities,

c. Attendance at a school-related social or sports activity,

d. Participation in a graduation ceremony, or

e. Transportation by school bus, or

f. Any other privilege the Chief School Administrator or

designee determines may be appropriate and consistent with Policy

5600 and N.J.A.C. 6A:16-7.1 et seq.

4. Detention

a. The pupil may be required to report before or after the

school day to detention for a period of supervised study.

b. Transportation will be the responsibility of the pupil's

parent(s) or legal guardian(s).

c. The pupil may be excused from detention only for an

unavoidable commitment previously made; any such excused detention

must be made up on another day.

5. Grading

A pupil who has cheated on a test or assignment, plagiarized

material, falsified sources, refused to submit assignments, or

otherwise indulged in academic dishonesty or negligence (paragraph

B.2.p. and paragraph B.2.q.) may suffer a reduced grade by virtue of

the disqualified work. In no other instance may a pupil's grade be

lowered as a direct penalty for misconduct.

6. In-school Suspension

a. The pupil may be removed from his/her regular classes and

required to report to an in-school suspension program for supervised

study.

b. In-school suspension is a deprivation of the pupil's

right to a thorough and efficient education and will not be imposed

without the due process set forth in Policy and Regulation 5610.

7. Suspension from School

a. The pupil may be denied the right to attend school for a

period of time pursuant to N.J.S.A. 18A:37-2, N.J.A.C. 6A:16-7.2,

and 6A:16-7.3, and Policy 5610.

b. Suspension from school is a deprivation of the pupil's

right to a thorough and efficient education and will not be imposed

without the due process set forth in Policy and Regulation 5610.

8. Expulsion

a. The Board may expel a general education pupil from

school, pursuant to N.J.S.A. 18A:37-2, N.J.A.C. 6A:16-7.5, and

Policy 5620.

b. Expulsion is an extremely serious disciplinary measure;

it deprives the pupil of his/her right to a thorough and efficient

education and will not be imposed without the due process set forth

in Policies 5610 and 5620.

D. Remedial Measures

The following remedial measures may be taken to aid in correcting

pupil conduct and to ensure that the pupil is properly placed in an

appropriate educational environment and is not in need of special

education and/or related services.

1. Restitution and Restoration

a. The pupil may be required, to:

(1) Make restitution, in kind or cost or labor, for any loss

he/she has caused; or

(2) Restore to its former condition, by his/her own labor,

any property the pupil has damaged or defaced.

b. A pupil who refuses to make restitution or restoration as

directed may be disciplined by one or more of the measures included

at paragraph C.

2. Counseling

a. The pupil may be required to consult with school guidance

counselors to determine the causes of his/her misconduct and to

assess the need for a change in educational placement.

b. The counselor will explain:

(1) Why the pupil's conduct is unacceptable to the school and

damaging to the pupil,

(2) What the consequences of continued misconduct are likely

to be, and

(3) Appropriate alternate behaviors.

c. The counselor may refer the pupil, as appropriate, for

additional counseling, evaluation, intervention, treatment, or

therapy. Referrals may be made to:

(1) The Child Study Team,

(2) Intervention and Referral Team,

(3) A public or private social agency, or

(4) A legal agency.

3. Parent Conferences

The pupil may be required to attend a meeting with his/her parent(s)

and appropriate staff members to discuss the causes of the pupil's

behavior, possible remediation, potential disciplinary measures, and

alternative conduct.

E. Chart of Discipline

Below is a listing of pupil behaviors that are subject to pupil

discipline including suspension or expulsion pursuant to N.J.S.A.

18A:37-2. The behaviors include, but are not limited to:

Offensive Conduct

• Insubordination

• Disruption

• Use of Force

• Theft, Damage

• Sexual Harassment

• Code Violation

• Weapon Possession

• Language Misuse

• Falsifications

• Recklessness

• Extortion

• Wrongful Entry

• Vandalism

• Fighting

• Littering

• Truancy

• Cheating

• Noncooperation

• Gambling

• Smoking

• Cutting Detention

• Forgery

• Failure to Wear Seatbelt in School Bus

• Arson

• Exploding Devices

• Falsifying Alarm

• Substance Abuse

• Secret Membership

• Disobedience

• Misuse of Computer Networks/Computers

• Leaving the Building Without Permission

F. Disciplinary Procedures

1. The Pupil Discipline/Code of Conduct Policy and

Regulation 5600 shall be disseminated annually to all school staff,

pupils, and parent(s). The Chief School Administrator will

distribute these documents to all pupils on the first day of each

school year and to transferring pupils on the first day of their

enrollment in this district.

2. Teachers and administrators in charge of pupil discipline

shall make every effort to administer these rules consistently and

fairly.

3. The staff member who disciplines a pupil for conduct

shall, however minimal the offense or the discipline,

a. Orally inform the pupil of the conduct for which he/she

is being disciplined; and

b. Offer the pupil an opportunity to deny the charge or to

present extenuating circumstances.

4. Where the discipline is greater than an admonishment, the

pupil's parent(s) or legal guardian(s) will be notified of the

offense and of the discipline imposed and will be offered an

opportunity to confer with the Chief School Administrator.

5. Where the offense is serious and the discipline greater

than detention, every effort will be made to notify the parent(s)

prior to the informal hearing conducted in accordance with paragraph

F.3.

6. An in-school suspension, suspension from school, or

expulsion will be conducted in strict accordance with law and

Policies 5610 and 5620.

7. Violations of the rules regarding pupil conduct on school

buses will be handled as follows.

a. The driver will report the offensive conduct to the Chief

School Administrator of the school in which the pupil is enrolled by

submission of a completed written form that includes the name of the

pupil, the school, and the specific offensive conduct.

b. The parent(s) or legal guardian(s) will be notified, by

copy of the form, of the pupil's conduct.

c. The Chief School Administrator or designee will determine

the discipline to be administered, in accordance with the severity

of the infraction.

d. When the misconduct is severe, the pupil may be summarily

suspended from the bus pending a conference with the parent(s) or

legal guardian(s) and further disciplinary action.

G. Pupils with Disabilities

For pupils with disabilities, subject to Individualized Education

Programs in accordance with 20 U.S.C. §1400 et seq., the Individuals

with Disabilities Educational Improvement Act, and accommodation

plans under 29 U.S.C. §§794 and 705(20), pupil discipline and the

code of conduct shall be implemented in accordance with the

components of the applicable plans.

H. Pupil Rights

Pupils subject to the consequences of the Pupil Discipline/Code of

Conduct Policy and Regulation shall be informed of their rights,

pursuant to N.J.A.C. 6A:16-7.1(c)3.i. through vii., that include:

1. Advance notice of behaviors that will result in

suspensions and expulsions that have been identified under authority

of N.J.S.A. 18A:37-2;

2. Education that supports pupils' development into

productive citizens;

3. Attendance in safe and secure school environments;

4. Attendance at school irrespective of pupils' marriage,

pregnancy, or parenthood;

5. Due process and appeal procedures, pursuant to N.J.A.C.

6A:3-1.3 through 1.17, N.J.A.C. 6A:4 and, where applicable, N.J.A.C.

6A:14-2.7 and 2.8;

6. Parent notification consistent with the policies and

procedures established pursuant to N.J.A.C. 6A:16-6.2(b)3; and

7. Protections pursuant to 20 U.S.C. §1232g and 34 CFR Part

99, Family Educational Rights and Privacy Act; 20 U.S.C. §1232h and

34 CFR Part 98, Protection of Pupil Rights Amendment; N.J.A.C.

6:3-6, Pupil Records; 45 CFR § 160, Health Insurance Portability and

Accountability Act; 20 U.S.C. §6301, Title IV(A)IV §4155 of the

Elementary and Secondary Education Act as reauthorized under the No

Child Left Behind Act; 42 CFR Part 2, Confidentiality of Alcohol and

Drug Abuse Patient Records; N.J.S.A. 18A:40A-7.1, School-based drug

and alcohol abuse counseling; information from participants;

disclosure; N.J.A.C. 6A:16-3.2, Confidentiality of pupil alcohol and

other drug information; N.J.S.A. 18A:36-19, Creation; Pupil Records:

Maintenance and Retention, Security and Access; Regulations;

Non-Liability; N.J.A.C. 6A:14-2.9, Student Records; as well as other

existing Federal and State laws pertaining to pupil protections.

I. Records

1. Instances of pupil discipline will be recorded in the

pupil's file in strict compliance with N.J.A.C. 6A:32-7.1 et seq.

and Policy No. 8330.

2. When a pupil transfers to a public school district from

another public school district, all information in the pupil’s

record related to disciplinary actions taken against the pupil by

the school district and any information the school district has

obtained pursuant to N.J.S.A. 2A:4A-60, disclosure of juvenile

information; penalties for disclosure, shall be provided to the

receiving public school district, in accordance with the provisions

of N.J.S.A. 18A:36-19(a), N.J.A.C. 6A:32-7.5(e)10.iv., and N.J.A.C.

6A:16-7.10.

a. The record shall be provided within two weeks of the date

that the pupil enrolls in the receiving district.

b. Written consent of the parent or adult pupil shall not be

required as a condition of the transfer of this information,

however, written notice of the transfer shall be provided to the

parent or the adult pupil.

c. When a pupil transfers to a private school, which

includes all sectarian or nonsectarian nonprofit institutional day

or residential schools that provide education for pupils placed by

their parents and that are controlled by other than public

authority, all pupil disciplinary records, with respect to

suspensions or expulsions, shall be provided by the public school

district of residence to the private school upon written request

from the private school, in the same manner as such records would be

provided by a public school district of residence to another public

school district, pursuant to N.J.A.C. 6A:16-7.10(b).

d. The Board shall not use a pupil's past offenses on record

to discriminate against that pupil.

e. All pupil disciplinary records maintained in the district

shall conform with the requirements set forth in N.J.A.C.

6A:16-7.10(d).

J. Annual Report

The Chief School Administrator of Schools shall report annually on

the implementation of the Pupil Discipline/Code of Conduct Policy to

the Board at a public meeting. The annual summary shall contain, at

a minimum:

1. A numerical inventory of all violations of the pupil

behavioral expectations in the Pupil Discipline/Code of Conduct

Policy and Regulation;

2. Associated school responses to the violations of the

pupil behavioral expectations;

3. An explanation and evidence of the effectiveness of the

Pupil Discipline/Code of Conduct Policy and Regulation. The

explanation and evidence, at a minimum, shall address:

a. The degree of effectiveness of the school district's

activities in achieving the purposes of the Pupil Discipline/Code of

Conduct Policy and Regulation, pursuant to the purposes as outlined

in A. above; and

b. The degree and effectiveness of the implementation of the

contents of the Pupil Discipline/Code of Conduct Policy and

Regulation.

4. Any proposed changes to the school district's current

policies, procedures, programs or initiatives, based on the annual

report.

Issued: 9 February 2009