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Lodi Unified School District Prevention & Intervention Programs & Discipline Incident Procedures

Lodi Unified School District Prevention & Intervention Programs & Discipline Incident Procedures. Board of Education Study Session Tuesday, October 27, 2009. Presenters. Dan Faith, Manlio Silva Elementary School Principal Harold Brown, Mosher Elementary School Principal

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Lodi Unified School District Prevention & Intervention Programs & Discipline Incident Procedures

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  1. Lodi Unified School District Prevention & Intervention Programs & Discipline Incident Procedures Board of Education Study Session Tuesday, October 27, 2009

  2. Presenters • Dan Faith, Manlio Silva Elementary School Principal • Harold Brown, Mosher Elementary School Principal • Jacquelyn Hodge, Delta Sierra Middle School Vice Principal • Randy Malandro, Christa McAuliffe Middle School Principal • Daryl Camp, Bear Creek High School Principal • Erik Sandstrom, Tokay High School Principal • Bob Gire, Coordinator of Child Welfare & Attendance • Irvin Jefferson, Coordinator, Community Relations & Prevention Services

  3. Prevention & Intervention Programs • Grades Pre K-12 • School Resource Officers • Peace Keepers • Assets/Youth Development • Counseling/Early Intervention • Family/Community Collaboration • Prevention Assemblies/Speakers • Behavior Contracts • Red Ribbon Celebration • G.R.E.A.T. (Gang Resistance Education and Training ) Program

  4. Prevention & Intervention Programs (con’t) • Grades 7-12 • Great American Smokeout • Drug Dogs • Counseling Services • Grades 9-12 • Every 15-Minutes • Friday Night Live • Sober Grad Night (CHP • LINK Crew/Freshman Connection • Mix It Up Day • S.P.I.R.I.T. (Student Problem Identification Resolving It Together)

  5. Classroom Behavior • Teacher Classroom Management Plan • Conference with Student • Conference with Parent • Suspension from Class • Referral to School Counselor (If available) • Detention • Referral to Administration

  6. Behavior Outside the Classroom K-12 Student Conduct Code

  7. Commonly Used Administrative Actions • Conference with Student • Conference with Parent • Referral to School Counselor (if available) • Recommend Outside of School Counseling • Referral to Community Agency • In School Suspension (If available) • Work Program at School • Community Service • Behavior Contract

  8. Commonly Used Administrative Actions (con’t) • Truancy Mediation Process/SARB (School Attendance Review Board) • Instructional Support Team /Individual Educational Program • Suspension from School • Notify Probation Officer • Notify Law Enforcement • Transfer to an Alternative Educational Program • Expulsion Recommendation

  9. Expulsion Process

  10. Expulsion Infraction Violation of Education Code 48900 to 48900.7 Board Policy / Rule 5144.1 K-12 Student Conduct Code

  11. School Administrator 5 Day Suspension Law Enforcement Notified Recommendation for Expulsion

  12. Superintendent’s Designee • Parent/Student Provided Educational Options Pending the Final Decision • Parent/Student Have a Right to Respond to the Charges • Suspension May be Extended if There is a Finding that the Student presents a Danger to Persons or Property or a Threat to Disrupt the Instructional Process

  13. Expulsion Hearing

  14. Parents Have a Right To: • Be Notified of the Date, Time and Location of the Hearing • The Specific Facts and Charges Upon Which the Expulsion is Based • A Copy of the Disciplinary Rules of the District • Appear in Person or Employ and Be Represented by Legal Counsel or An Adult Non-Attorney Advisor • Inspect and Obtain Copies of All Documents to be Used at the Hearing • Question All Witnesses Who Testify at the Hearing • Question All Other Evidence Presented at the Hearing

  15. Parents Have a Right To: (con’t) • Present Oral and Documentary Evidence, Including Witnesses at the Hearing • Request a Public Hearing • Request a Postponement of the Hearing Up to 30 Days • Inform Any New District of a Student’s Expelled Status (required) • Know that the Purpose of the Hearing is Fact Finding and to obtain a Recommendation from the Lodi Discipline Review Board

  16. Board of Education

  17. Current District Practice Parents/student are informed that they may appeal an expulsion recommendation in closed session before the Board of Education. Board Rule 5144.1 Parents/student may only appear before the Board of Education to request a supplementary hearing. A supplementary hearing will be held only if the Board of Education finds that: • The evidence suggested by the parents/student could not reasonably have been discovered prior to the expulsion hearing, and • A supplementary hearing should be held before the Discipline Review Board to admit such evidence.

  18. Education Code 48918 • Parents/student have the right to appeal a principal’s recommendation for expulsion at the hearing before the Discipline Review Board. • The Education Code does not give parents/student the right to appeal an expulsion recommendation in closed session before the Board of Education. Pros of Allowing Parents/Student to Appeal Directly to the Board of Education • Although not required by the Education Code, allowing parents/student to appeal an expulsion recommendation in closed session before the Board of Education provides parents/student an additional opportunity to appeal and for members of the Board to be able to ask questions of the parents/student.

  19. Cons of Allowing Parents/Student to Appeal Directly to the Board of Education • Due process for students pursuant to the California Education Code authorizes the Board of Education to delegate its authority to an administrative panel (Discipline Review Board) to hold a hearing, impartially review all evidence presented by the school, parents, students and then determine findings of fact and whether or not expulsion is warranted. • Due process as described in the California Education Code and also stated in Board Rule 5144.1 does not give parents/student the right to appeal an expulsion recommendation in closed session before the Board of Education. • Allowing parents/student to appeal in closed session before the Board of Education with school representatives present actually creates a “new” hearing with potential due process concerns.

  20. Board of Education Deliberates in Closed Session and then in Public Session Votes to Expel or Not to Expel

  21. San Joaquin County School Board

  22. Parent May Appeal to the County Board Within 30 Days of the Order to Expel

  23. Recommendations • Continue to promote a safe, supportive learning environment for all students through the implementation of the District’s Prevention and Intervention Programs and Discipline Incident Procedures • Adhere to the guidelines outlined in Education Code 48918 and Board Rule 5144.1 as they pertain to parent appeals

  24. Questions & Discussion

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