Facilitators: Michael O. Jones, Zone Administrator

1. Student Rights, Responsibilities and Character Development Handbook Code of Student Conduct 2011-2012(East Learning Zone Discipline Tier Training) Facilitators: Michael O. Jones, Zone Administrator Christine Coe, Zone Coordinator for Exceptional Children Marianne Haulk, Zone Coordinator for Exceptional Children

2. Code of Conduct2011-12 Updates and Review

3. Code of Conduct Changes • There is no longer an appeal to the principal process (see page 17, "Short-term suspensions", step 6)  • The principal or administrative designee's decision is final when a suspension is 1 to 10 days (short-term)  

4. Code of Conduct Changes (Cont’d.) • Rule 26B on page 14 clearly states, "Self defense is defined as the act by a nonagressor victim using reasonable force to avoid being hit in order to enable oneself to get free from the attacker and notify school authorities. It is not self defense to participate in the fight. Students who exceed reasonable force in protecting themselves will be disciplined for violating this rule even though another person provoked the fight. Administrators will have the discretion to recognize the need for self defense on an incident-by-incident basis."

5. Rules of Physical Engagement Review 5 acceptable reasons for a teacher and/or administrator to touch a student • To quell a disturbance threatening injury to others • To obtain possession of weapons or other dangerous objects on the person, or within the control of a student • For self-defense (redefined on page 14) • For the protection of persons or property • To maintain order on school property, in the classroom, or at a school-related activity on or off school property

6. Rules of Physical Engagement Review(cont’d.) Staff members need to be aware that physical confrontations with students resulting from… • Administration/staff attempting to block the door way • Administration/staff attempting to restrain a student in any manner in an effort to keep the student from leaving his/her immediate presence • Administration/staff attempting to break up fights ….will NOT be viewed as an assault on the staff member

7. Due Process • Student is immediately notified of rule infraction • Student shares with administrator his/her side of incident, writes a statement and provides names of witnesses • Administrator investigates situation, interviews witnesses and the reporter(s) of incident • Parent is notified by phone of the incident and any disciplinary consequences • Parent and student are notified in writing of disciplinary consequences and their rights concerning the process • Administrator references CMS Code of Conduct at all times

8. DTM and Hearing Procedure Reminders for Administrators (Cont’d.) • Link to Student Rights and Responsibilities Handbook 2011-12 http://www.cms.k12.nc.us/parents/resources/Pages/HandbooksFormsandNotices.aspx • Be sure that all students have turned in a signed copy of the Student and Parent Acknowledgement and Pledge of the Code of Conduct – Page 1.

9. DTM and Hearing Procedure Reminders for Administrators (Cont’d.) • Have and read a written Administrative Statement, all students involved in the incident who are having DTMs and/or hearings, staff who were involved (preferably typed) and student witnesses (2-4 are sufficient for most cases). • When giving closing comments at a hearing, remember not to ask for a specific consequence and not to bring up other incidents. An exception exists if a pattern has been established –threats, sexual harassment, etc. Information about previous incidents is allowable only in DTMs not Due Process Hearings.

10. DTM Request Form (Sample) East Zone DTM Request Date: School: Administrator: Code Violation: Student Name: Parent(s) Contact Information: (Include Email and Working Phone Numbers) ID#: Brief Summary: Send e-mail to: michaelo.jones@cms.k12.nc.us Send in courier to: Mike Jones, East Zone Coordinator (# 873)

11. Exceptional Children Discipline Need to Know

12. Exceptional Children Reminders • 10 days ONLY for the entire year • DEC 5a -Manifestation Determination (MDR) Packet Reviews • Invitation to Conference/Due Process Letter (signed and dated) • 504 & Diabetic Support Bettie Chisholm (980) 343-6169 • McKinney Vento Compliance (980) 343-6950

13. What constitutes a “change in placement”? A removal of a child from school constitutes a change of placement if: • The removal is for more than 10 consecutive school days • The series of removals total more than 10 school days in a school year • The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in a series of removals • Additional factors such as the length of each removal, the total amount of time the child has been removed and the proximity of the removals to one another suggest a change of placement

14. When must the IEP team conduct a Manifestation Determination Review? • The IEP team must meet within 10 days after every suspension which removes the child beyond ten cumulative days for the school year. So, if a student has been suspended for 10 cumulative days, and is suspended again, even if it is only for one day, the IEP team must meet to conduct a Manifestation Determination Review. A Functional Behavior Assessment and Behavior Intervention Plan are developed ONLY if a manifestation is found. If a BIP exists, it is reviewed and revised, if necessary. The IEP team must repeat this process for every subsequent suspension during the school year

15. When must services be provided? • Services must be provided to the student for every removal beyond the first 10 cumulative days of suspension. Services must be such that they afford the student the opportunity to participate in the general education curriculum and make progress on the IEP goals and objectives

16. Must the child return to school if the behavior is determined to be a manifestation of their disability? • YES. The child should return to school as soon as possible after the determination that the behavior was a manifestation of the child’s disability. If the child is in school and at the IEP meeting, they should return to class. If they are not in school, they are to return the next school day • If the behavior was determined to be a manifestation of the disability, and the IEP team determined that a 45-day placement was necessary, the student should start attending the Interim Alternative Educational Setting, as soon as possible following that decision

17. Do In-School-Suspensions count as part of the 10-day discipline requirements? • An assignment to in-school-suspension (ISS) does count as out-of school-suspension (OSS) day(s) if the student does not receive the opportunity to participate in the general education curriculum and does not receive his/her exceptional children’s services while in ISS • Documentation should be kept of EC services if it is delivered in ISS. Services must be comparable to service delivery listed on IEP

18. Do the IDEA discipline provisions apply to students in the referral process? • YES. Students who are in the referral process for consideration for eligibility as a student with special needs are protected under IDEA 2004 discipline regulations regarding the need for a Manifestation Determination Review, Functional Behavior Assessment and a Behavior Intervention Plan

19. Quick References and Resources For Administrators

20. Out-of-School Suspension for Each Tier(Pages 10 - 11) • Tier I – zero (0) days; unless repeated violations • Infractions of Rules 1 – 5 • Exception: Rule 1 progresses to Rule 7 • Tier II – one (1) to ten (10) days (Short-term suspension) • Infractions of Rules 5 – 10 • Exception: Rule 9 is repeated • Tier III – eleven (11) to thirty (30) days (Long-term suspension) • Yellow Pages 13 - 16 • Tier IV – up to 365 days (Long-term or mandatory 365-day suspension) • Yellow Pages • Tier V – Expulsion • Yellow Pages

21. Email DTM Request form to: Mike Jones (michaelo.jones) Marianne Haulk and Christine Coe (EC) (FAX all paperwork into EasyIEP) Cotrane Penn– IT (Rule 9 ONLY paperwork) Send Recommendation for Long-Term Suspension or Exclusion Form to Hearing Office via: Courier # 838 Fax (980) 343-3796 Discipline Team Meeting

22. Alternative Placement Changes(Registrars and Discipline Secretaries) • 30 days – Right Choices Program • Constitutes a cross-enrollment with home school and J. T. Williams • Coded by discipline secretary or registrar as ‘Other Action – ISS’ • 45 days - Turning Point Academy (EC Students) • Constitutes a drop from home school • Coded by discipline secretary or registrar as ‘ALP’

23. The Big 5 of Yellow Pages 13 - 16 • Firearm – Rule 29 • Drugs – Rule 28 C • Fire to School Building – Rule 15 • Assault on Staff or Student – Rule 26 E • Fight with major injury – Rule 26 B (A mild concussion and a broken nose are not considered “serious bodily harm”)

24. Triages • Contact Safe Schools Office @ (980)343-5330 • Transfer from outside the district & student may be a danger to self or other students • Students returning from jail (felonies) for incidents that take place off school grounds • Multi-Disciplinary Team Meetings • Invited via CMS Web Calendar • Students from Multi-Disciplinary Team (MDT) meeting should go through Intervention Team (IT) to return to home school • If student is assigned another 10 days and DTM…documentation should be available from IT

25. Transitioning Students to Home Schools • Visit student during alternative placement • School intervention team • Change schedule • Change seating arrangement, etc.

26. Contacts • General Counsel, Legal Department, (980) 343-6228 (O), (980) 343-5739 (fax) • Michael Marcela, Accountability Specialist, EC Department, (980) 343-6960, ext. 2643, mike.marcela@cms.k12.nc.us • Cotrane Penn, Intervention Specialist, East Zone, (980) 343-1461, cotrane.penn@cms.k12.nc.us • Christine Coe, East Zone Coordinator for Exceptional Children, (980) 343-1461, christine.coe@cms.k12.nc.us • Marianne Haulk, East Zone Coordinator for Exceptional Children, (980) 343-1461, marianne.haulk@cms.k12.nc.us • Mike Jones, East Zone Administrator, (980) 343-1461, michaelo.jones@cms.k12.nc.us

27. E-Correspondence • PowerPoint Presentation (via email) • District-wide Updates • R&R Handbook (link via email) • Hearing Process (via email) • Recommendation for Long Term Suspension or Exclusion Form (via email) Questions?

28. Thank you!