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Lodi Unified School District

Prevention & Intervention Programs & Discipline Incident Procedures

Board of Education Study SessionTuesday, October 27, 2009

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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

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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

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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)

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Teacher Classroom Management Plan

Conference with Student

Conference with Parent

Suspension from Class

Referral to School Counselor (If available)

Detention

Referral to Administration

Classroom Behavior

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Behavior Outside the Classroom

K-12 Student Conduct Code

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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

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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

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Expulsion Process

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Expulsion Infraction

Violation of Education Code 48900 to 48900.7

Board Policy / Rule 5144.1

K-12 Student Conduct Code

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School Administrator

5 Day Suspension

Law Enforcement Notified

Recommendation for Expulsion

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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

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Expulsion Hearing

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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

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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

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Board of Education

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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 beheld 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.

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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 AppealDirectly 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.

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Cons of Allowing Parents/Student to AppealDirectly 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.

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Board of Education Deliberates in Closed Session and then in Public Session Votes to

Expel or Not to Expel

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San Joaquin County School Board

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

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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

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Questions &

Discussion