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Alameda City USD  |  BP  5144  Students

Discipline   

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The Governing Board desires to prepare students to be contributing members of our community who are ready to succeed in college and career. The Board expects each school to create a safe and positive school culture in which all students feel included, supported, and respected. The Board desires that its disciplinary policies further its mission of serving the whole child. The Board desires that this policy is used to help eliminate inequality in the use of punitive consequences and provide each child with excellent teachers who are equipped to promote academic and social emotional growth in all students.

The Board desires the use of a positive approach to student behavior and the use of restorative practices to minimize the need for punitive consequences and maximize instructional time for every student. The Board recognizes the importance of developing the social and emotional health of all youth and adults in our organization.

The Board desires the adoption of a Multi Tiered System of Support (MTSS) wherein schools provide a tiered system of academic and behavioral supports to enable all students to equitably access the core curriculum. Each school is responsible for adopting strategies, programs, and interventions within this framework to facilitate a consistent approach for positive, pro-social behavior management in order to reduce student loss of instructional time due to disciplinary consequences.

The Board recognizes that an opportunity/access gap for significant portions of its student population exists, namely amongst African American, Latino, English Language Learner students, and students with disabilities. The Board desires to identify and address the causes of disproportionate treatment in discipline to reduce and eliminate the racial disparities in the use of punitive school discipline and any other disparities that may exist for other under-served populations. Schools shall enforce disciplinary rules fairly, consistently, and without discrimination.

The Board recognizes the importance of all schools using classroom management strategies that keep students in school and in the classroom. Missing too much school for any reason has a direct impact on academic achievement¬óboth short-term and long-term. Removal of students from the classroom environment for misbehavior should be avoided.

The Board does not support a zero tolerance approach to discipline except where mandated by law. Schools may not adopt zero tolerance policies or practices that conflict with District discipline policies.

Except where suspension for a first offense is permitted by Education Code 48900.5, as further described in AR 5144.1, an administrator or administrator's designee may only impose in-school and out-of-school suspension when other means of correction fail to bring about proper conduct or the student's presence causes a danger to persons. (Education Code 48900.5) The other means of correction that have been attempted must be documented and evaluated for effectiveness prior to referring the student for a disciplinary sanction that results in the student's removal from an assigned classroom or the school site.

Other means of correction include, but are not limited to, conferences with students and their parents/guardians; use of coordination of services teams or other intervention-related teams; enrollment in a program teaching social/emotional behavior or anger management; participation in a restorative practices programs or restorative circles; and positive behavior support approaches. (Education Code 48900.5)

The Superintendent or designee shall provide professional development as necessary to assist staff in developing consistent classroom management skills, implementing effective disciplinary techniques, eliminating unconscious bias, and establishing cooperative relationships with parents/guardians.

With the participation of community stakeholders, each school may develop behavior expectations and disciplinary consequences to meet the school's particular needs as described in AR 5144. The rules shall be consistent with law, Board policy, district regulations, and school-level discipline data.

The Superintendent or designee shall provide professional development where appropriate to assist staff in developing classroom management skills and implementing effective disciplinary techniques.

To ensure that discipline is appropriate and equitable, schools and the District shall collect and review discipline data that is disaggregated by school, race, gender, status as an English Language Learner, status as a student with a disability, and type of infraction on a monthly basis. The District will perform a centralized review of school-level and District-wide discipline data to measure progress toward the goal of eliminating disproportionate rates of suspension and referral for African-American students and determine whether the site strategies require adjustment to meet the goal. Site administrators, on an ongoing basis, shall meet with the site's teaching staff to review the school site's discipline data and discuss strategies for teaching, encouraging, and reinforcing positive student behavior that do not require engagement with the discipline system and loss of instructional time.

Corporal Punishment

Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of, or willfully causing the infliction of, physical pain on a student. (Education Code 49001)

For purposes of this policy, corporal punishment does not include an employee's use of force that is reasonable and necessary to protect the employee, students, staff, or other persons or to prevent damage to property or to obtain possession of weapons or other dangerous objects within the control of the student. (Education Code 49001)

Legal Reference:

EDUCATION CODE

32280-32289 School safety plans

35146 Closed sessions

35291 Rules

35291.5-35291.7 School-adopted discipline rules

37223 Weekend classes

44807.5 Restriction from recess

48900-48926 Suspension and expulsion

48980-48985 Notification of parent/guardian

49005-49006.4 Seclusion and restraint

49330-49335 Injurious objects

49550-49564.5 Meals for needy students

52060-52077 Local control and accountability plan

CIVIL CODE

1714.1 Parental liability for child's misconduct

CODE OF REGULATIONS, TITLE 5

307 Participation in school activities until departure of bus

353 Detention after school

UNITED STATES CODE, TITLE 20

1400-1482 Individuals with Disabilities Education Act

UNITED STATES CODE, TITLE 29

794 Section 504 of the Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

1751-1769j School Lunch Program

1773 School Breakfast Program

Management Resources:

CSBA PUBLICATIONS

Recent Legislation on Discipline: AB 240, Fact Sheet, March 2015

The Case for Reducing Out-of-School Suspensions and Expulsions, Fact Sheet, April 2014

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011

Maximizing Opportunities for Physical Activity during the School Day, Fact Sheet, 2009

CALIFORNIA DEPARTMENT OF EDUCATION PROGRAM ADVISORIES

Classroom Management: A California Resource Guide for Teachers and Administrators of Elementary and Secondary Schools, 2000

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline, January 2014

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Public Counsel: http://www.fixschooldiscipline.org

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr

Policy ALAMEDA UNIFIED SCHOOL DISTRICT

adopted: August 23, 2011 Alameda, California

revised: April 23, 2019