BTMES Policy Manual

Barre Town Supervisory District Policy Manual

TITLE: Student Discipline CODE: JK

Discipline
The word "discipline" as used in this school system is defined as a process by which the staff teaches responsible behavior and self-discipline to our young children.
The goal of disciplining students is to maintain a safe environment for all children. While maintaining a disciplined, orderly environment is, by law, both the right and responsibility of the school’s personnel – discipline will be administered in ways that maintain students’ dignity."

To do that, we believe that school should be a happy, successful place where students want to be; where each person has to learn to be responsible for his/her own behavior at an early age; that the enforcement of reasonable rules teaches improved ways of behaving and increases a student's ability to cooperate and associate successfully with others.

When misbehavior occurs, we will assist students to become responsible in this school by increasing our personal involvement with them and guiding them through the established disciplinary procedures. As behavior of a child is the shared concern of both school and parents or guardians, it will be: the school's responsibility to inform the parents or guardians of inappropriate behavior patterns on the part of a child; and the school's responsibility to work with the pupils and parents or guardians to assist in identifying the underlying causes leading to inappropriate behavior patterns and to modify either the patterns or the causes.

Procedures for informing parents of the school’s discipline policies will be completed annually by use of the handbook.

Procedures
The discipline process is based on a code of conduct and school/class rules that are outlined in the Barre Town staff and student handbooks. This process includes informal as well as formal steps.

Informal steps include problem-solving with the teacher, parent communication, change in seating, in-class time-out, staying after school with the teacher, extra assigned tasks or other such steps.

The following steps are implemented primarily in grades 5-8:

Formal steps include written warnings, out-of-class time-outs, consultation with an administrator, detentions, in-school suspensions, out-of-school suspensions, Saturday school, expulsion.

Restrictive Behavioral Intervention
A. Statement of Purpose
1. It is the policy of this school district that students not be subjected to the unreasonable use of restrictive behavioral interventions, and that there be a common understanding within the District of appropriate interventions by District staff.
B. Definitions
1. Timeout room. A timeout room is a designated room apart from a student’s assigned class or activity. It is used to separate a student from others for the purpose of eliminating, or at least reducing, the occurrence and/or intensity of harmful behavior or to enable the student to regain composure and return to class or other activity. A planning room or other area used as a place in which to meet with a student to discuss his or her behavior is not a timeout room.
2. Physical restraint. Physical restraint is the use of physical means by a trained staff member to prevent imminent harm to a student or other persons, or damage to property.
  Physical restraint does not include the following:
  1. Brief periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with minimal force and designed either (i) to prevent a student from completing an act that potentially would result in physical harm to him or herself, or another person, or damage to property, or (ii) to remove a disruptive student who is unwilling to voluntarily leave an area; or
  2. Holding a student’s hand or arm to escort the student safely from one area to another.
3. Mechanical or chemical restraint. Mechanical or chemical restraint is the use of any device or substance to restrict a student’s movement or limit a student’s sensory or motor functions. The term does not include devices used in accordance with prescriptions by health professionals for the purpose of maintaining body alignment or support, or to limit sensory stimuli.
4. Positive Behavior Intervention. A positive behavior intervention is an approach to a student’s behavior designed to teach and support socially appropriate conduct and to supplant socially inappropriate conduct.
5. Functional Behavioral Assessment. A functional behavioral assessment is an analysis of a student’s behavior patterns before, during, and after rule-breaking or other incident of inappropriate behavior for the purpose of guiding the development of a behavioral intervention plan.
6. Behavioral Intervention Plan. A behavioral intervention plan prescribes strategies for dealing with a student before, during, and after rule-breaking or other inappropriate behavior.
C. Generally
1. Except with respect to documentation requirements set forth in Section H, when a student is the subject of an individualized education program (IEP) or §504 plan addressing, among other things, responses to the student’s dangerous behavior, that plan shall take precedence over the guidelines set forth in this policy. A written explanation shall be contained within the IEP or Section 504 plan for any specific deviation from the requirements of this policy.
D. Timeout Room
1. Purpose. A timeout room may be used to aid a student to compose him or herself. It shall not be used for staff convenience or student punishment.
2. Duration. A timeout room may be used only so long as is necessary for the student to compose him or herself. If the student’s behavior remains dangerous after 30 minutes, continued use must be authorized by the principal or his or her designee.
3. Observation. A student in a timeout room shall be appropriately monitored. If the
  circumstances suggest that a student poses a risk of harm to him or herself or others, he or she must be kept under the direct observation of a staff member.
4. Characteristics. A timeout room shall:
  1. be large enough to permit safe movement;
  2. permit safe entry and exit and shall not be locked in any way that would prevent the student from leaving, unless the room is equipped with automatic releases for fire alarms; and
  3. be adequately lit, heated, ventilated, and free of sharp or otherwise dangerous objects.
E. Physical Restraint
1. Purpose. The purpose of physical restraint is to reduce or eliminate imminent risk
  either of harm to a person or of damage to property. Physical restraint may not be used for staff convenience or student punishment.
2. Use. Physical restraint may be used with a student only when there is imminent risk either of harm to the student or others or of property damage. Additionally, reasonable and necessary force may be used to quell a disturbance, obtain possession of weapons or other dangerous objects upon the person of or within the control of the student, for the purpose of self-defense, or for the protection of persons or property.
3. By trained staff. Only staff trained in the proper use of physical restraint may apply it, unless no such staff member is available. The District will endeavor to provide training to an appropriate number of staff members in each school that includes instruction in (a) a continuum of prevention techniques; (b) a continuum of de-escalation techniques; (c) environmental management; (d) nationally recognized methods of physical management and restraint; and (e) appropriate documentation and notification procedures.
4. Training shall be current and the names of trained staff shall be kept up to date in the Special Services Department.
5. Duration. Physical restraint may be used only so long as is necessary for the student to compose him or herself. If the student’s behavior remains dangerous after 30 minutes, continued use must be authorized by the principal or his or her designee. If continued use of physical restraint is ineffective, the principal or his or her designee shall contact the student’s parent(s) for assistance, or seek assistance from law enforcement or other emergency service personnel.
6. Limitations. No physical restraint may be administered in such a way that the student is prevented from breathing or communicating, or that causes the student unnecessary pain.
7. Observation. To the extent practicable, physical restraint may not be used by any
  staff member except in the presence of another staff member.
F. Mechanical restraint
1. Except as otherwise set forth in this policy, mechanical restraints may not be employed.
G. Pattern of Behavior
1. When a student’s IEP team or Section 504 team determines that, based upon a
  pattern of behavior, the use of a timeout room or physical restraint is likely, the team shall consider ways to address the student’s behavior, including, where applicable, performing a functional behavioral assessment and formulating a behavioral intervention plan which makes provision for the use of positive behavior interventions.
H. Documentation and notification
1. Documentation. The principal or his or her designee shall prepare a report of each use of a timeout room or physical restraint as soon as practicable. The report shall be used to maintain data on the frequency and use of restrictive behavioral interventions, and include at least the following information:
  1. Name of the student;
  2. The episode resulting in the student’s placement in seclusion time-out;
  3. Location of events leading to use;
  4. The student’s behavior while in time-out;
  5. Description of use;
  6. Name of staff member(s) involved in use; and
  7. Time and duration of use.
2. Notification
  1. Of all parents. Before the start of each school year, the school shall inform parents or guardians of all students about this policy.
  2. Of a student’s parents. Unless otherwise requested by a student’s parent(s) or guardian(s), the school shall take and document reasonable steps to notify them that the student has been subjected to use of a timeout room or physical restraint.
Physical Intervention
This school system will not allow the use of corporal punishment. Passive physical restraint and similar action will be used in accordance with Vermont Law (1161a.) (C1-4):

(c) No person employed by or agent of a public or approved school shall inflict or cause to be inflicted corporal punishment upon a pupil attending the school or the institution.

However, this section does not prohibit a person from using reasonable and necessary force:
(1) to quell a disturbance;
(2) to obtain possession of weapons or other dangerous objects upon the person of or within the control of a pupil;
(3) for the purpose of self defense; or
(4) for the protection of persons or property.--Added 1983, No. 145 (Adj. Sess.), § 1; amended 1995, No. 35, § 3.
In-School Suspension
1. In School Suspension is for the temporary exclusion of pupils from their regular grade level schedule and participation in all extra-curricular activities, and school functions.
2. Its use is for repeated violations of school or classroom rules and may not exceed ten consecutive school days.
3. Students assigned to an in-school suspension will be provided with reasonable opportunities to complete academic assignments and to benefit from counseling or other activities designed to bring about improvements in their behavior.
4. The parents or guardians will be given an opportunity for an informal hearing with the principal or his or her designee. When immediate removal of a student is necessary prior to a hearing, the hearing shall be held as soon as possible following the removal.
5. An appropriate behavioral plan may be developed by all concerned to help support success in decreasing the negative behaviors.
Out-of-School Suspension
1. An out-of-school suspension is the temporary exclusion of pupils from school, participation in all extra-curricular activities, and school functions.
2. Its use is for severe violations of school or classroom rules and may not exceed ten consecutive school days.
3. The parents or guardians will be given an opportunity for an informal hearing with the principal or his or her designee. When immediate removal of a student is necessary prior to a hearing, the hearing shall be held as soon as possible following the removal.
4. A suspension that cannot be resolved within the established number of days will immediately be referred to the Superintendent who will take such appropriate action as he/she deems necessary.
5. A student who poses an immediate danger to persons or property or a significant threat of disrupting the academic process of the school shall be removed from the school or to a place within the school determined by the Principal, Superintendent, or their designee to be sufficiently secure to ensure the safety of student and school personnel and the continuation of the academic process. The Superintendent or Principal or the designee shall notify a parent or guardian that student is to be removed from school without undue delay. If the parent, guardian, or other person designated as an emergency contact by the parent or guardian cannot be notified, the student will be detained at school or at another safe and secure setting for the remainder of the school day. If necessary, local law enforcement will be notified.
Expulsion
1. Expulsion is the exclusion from further attendance at a school for the remainder of the school year except for violations involving weapons in school (Policy JICI) where longer expulsions are required by law and are the responsibility of the Board of School Directors.
2. It is an extreme penalty and to be used only in extenuating circumstances or when all other reasonable efforts have been made to resolve a problem.
3. Expulsion from school is the responsibility of the Board of School Directors upon the recommendation of the Superintendent.
4. The Administration, in making such recommendation, will:
  
  (1) notify the parents or guardians and pupil, in writing, of the pending recommendation for expulsion. The letter will state the reasons for the recommendation, advise the parents or guardians of the anticipated date of the Board of School Directors' taking action on the matter. Parents or guardians will be informed of the right to a hearing with the School Board of Directors prior to a decision being made.
  (2) arrange for a formal Board of School Directors' hearing, if requested; and/or
  (3) inform the Board of School Directors or request their action, if no hearing is requested.
  In accord with the overall discipline plan developed under 16 V.S.A. S 1161a, short-term (ten days or less) or long-term suspension or expulsion may be imposed for misconduct not on school property, on a school bus or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated.
Disciplinary Action for Student with Disabilities

A legal pupil who has a disability or is suspected of having a disability, and is eligible for special education services or Section 504 services may be removed from his or her current educational placement for disciplinary reasons for more than 10 consecutive days, or for more than 10 cumulative days in a school year only in accordance with Vermont State Board of Education Rules 4313 or 4312. The school Principal, with the agreement of a special education administrator, may impose short-term disciplinary sanctions on special education students as provided in Vermont State Board of Education Rule 4313. The Superintendent and coordinator of special education will develop additional procedures as needed to govern the discipline of students with disabilities.

Initial Adoption: 11/7/83
2nd/Final Reading/Revised: 4/9/06,, 5/17/2006 6/7/2006
Legal Reference(s):
     State Board Rule 2120.8.3.3
     16 V.S.A.§1161a
     16 V.S.A.§1162

Cross References: JICH, JICI