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. The age of the pupil, nature of the offense and circumstances surrounding the offense will all be taken into account when discipline is being applied.

A)     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. Teachers will settle less serious discipline issues in the classroom. A conference, a phone call to the parent or a teacher assigned detention will settle most cases. Students will be sent to the office in more severe cases.

B)      Temporary Removal from Classroom

a.       The classroom teacher may direct the pupil to report to the office of the Superintendent for repeated or serious infractions

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.       Students who are sent to the office will be dealt with in a firm, fair and consistent manner

d.       The administrator in charge of discipline will interview the pupil and determine which, if any, additional disciplinary steps are indicated.

C)      Consequences for Lesser Infractions:

a.   First Offense: Pupils will receive a warning and will be required to articulate how they should have handled the situation differently

b.   Subsequent Offense: Detention for one or more days, either at recess or after school depending on the infraction and age of the pupil. Parents will be contacted

c.   Repeated Offense:  Parent conference will be required. Possible deprivation of privileges as articulated below or appropriate to the situation.

D)      Consequences for More Serious Infractions

a.   Defiance of authority, fighting, use of obscene language, dangerous threats or destruction of school property are among those actions considered serious infractions. These will result in meeting with the Superintendent and possible in-school or out of school suspension, dependent on the circumstances and age of the child involved

b.   The use or possession of unsafe or illegal materials, including any item that could be perceived as a dangerous weapon is forbidden. The possession of a weapon look-alike requires immediate police notification and possible expulsion from school

E)      Deprivation of Privileges

For disciplinary reasons, pupils may be deprived of the privilege of:

a.       Moving freely about the school building,

b.       Participation in co-curricular or inter/intra-scholastic 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 Superintendent or designee determines may be appropriate and consistent with Policy 5600 and N.J.A.C. 6A:16-7.1 et seq.

F)      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 parents or legal guardians

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.

G)     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 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.  However, this does not exclude performance based subjects from using participation as criteria for grading.

H)     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.

I)        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

J)       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.

K)      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

a.       Restitution and Restoration

(1)    The pupil may be required, to:

(a)    Make restitution, in kind or cost or labor, for any loss he/she has caused; or

(b)    Restore to its former condition, by his/her own labor, any property the pupil has damaged or defaced

(2)   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.

a.       Counseling

(1)    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

(2)   The counselor will explain:

(a)    Why the pupil"s conduct is unacceptable to the school and damaging to the pupil,

(b)    What the consequences of continued misconduct are likely to be, and

(c)    Appropriate alternate behaviors

(3)   The counselor may refer the pupil, as appropriate, for additional counseling, evaluation, intervention, treatment, or therapy.  Referrals may be made to:

(a)    The Child Study Team,

(b)    Intervention and Referral Team,

(c)    A public or private social agency, or

(d)    A legal agency

b.       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

a.       Alternate Educational Program

(1)  The pupil may be assigned to an alternate educational program as recommended by the Child Study Team and/or Superintendent in consultation with the Child Study Team or Intervention and Referral Services Team.

L)      Disciplinary Procedures

a.     The Pupil Discipline/Code of Conduct Policy and Regulation 5600 shall be disseminated annually to all school staff, pupils, and parent(s).  Principals 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

b.      Teachers and administrators in charge of pupil discipline shall make every effort to administer these rules consistently and fairly

c.       The staff member who disciplines a pupil for conduct shall, however minimal the offense or the discipline,

(1)    Orally inform the pupil of the conduct for which he/she is being disciplined; and

(2)   Offer the pupil an opportunity to deny the charge or to present extenuating circumstances

d.   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 person imposing the consequences

e.       Where the offense is serious and the discipline greater than detention, parents will be notified as immediately as possible

f.        An in-school suspension, suspension from school, or expulsion will be conducted in strict accordance with law and Policies 5610 and 5620.

M)     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.

N)     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:

a.    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;

b.       Education that supports pupils" development into productive citizens;

c.       Attendance in safe and secure school environments;

d.       Attendance at school irrespective of pupils" marriage, pregnancy, or parenthood;

e.   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;

f.        Parent notification consistent with the policies and procedures established pursuant to N.J.A.C. 6A:16-6.2(b)3; and

g.       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.

O)     Records

a.    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

b.     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

(1)    The record shall be provided within two weeks of the date that the pupil enrolls in the receiving district

(2)   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 pupilWhen 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)

(3)   The Board shall not use a pupil"s past offenses on record to discriminate against that pupil.  However, disciplinary offenses can be used to determine a tuition student’s continuation in Avon School as per policy number 5111.01

(4)  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).

P)      Annual Report

The Superintendent 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:

a.       A numerical inventory of all violations of the pupil behavioral expectations in the Pupil Discipline/Code of Conduct Policy and Regulation;

b.       Associated school responses to the violations of the pupil behavioral expectations;

c.   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:

(1)    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

(2)   The degree and effectiveness of the implementation of the contents of the Pupil Discipline/Code of Conduct Policy and Regulation

d.   Any proposed changes to the school district’s current policies, procedures, programs or initiatives, based on the annual report