The Board of Education believes that all students have the right to be educated in a safe and positive learning environment free from disruptions. Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program while on school grounds, while going to or coming from school, while at school activities, and while on District provided/approved transportation.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 5131.1 - Bus Conduct)
(cf. 5137 - Positive School Climate)
(cf. 6145.2 - Athletic Competition)
Conduct is considered appropriate when students are diligent in study, careful with school property, courteous, and respectful toward their teachers, other staff, students and volunteers.
The Superintendent or designee shall ensure that each school site develops standards of conduct and discipline consistent with District policies and administrative regulations. Students and parents/guardians shall be notified of District and school rules related to conduct.
Prohibited student conduct includes, but is not limited to:
1. Conduct that endangers student, staff or others, including, but not limited to, physical violence, possession of a firearm or other weapon, and terrorist threats
(cf. 5131.7 - Weapons and Dangerous Instruments)
(cf. 5142 - Safety)
2. Conduct that disrupts the orderly classroom or school environment
(cf. 5131.4 - Student Disturbances)
3. Discrimination, harassment, intimidation or bullying of students or staff, including sexual harassment, hate-motivated behavior, cyberbullying, or hazing or initiation activity, extortion or any other verbal, written, or physical conduct that causes or threatens to cause violence, bodily harm, or substantial disruption to the school program
(cf. 5131.2 - Bullying)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)
(cf. 5145.9 - Hate-Motivated Behavior)
4. Willful defiance of staff's authority
5. Damage to or theft of property belonging to the students, staff, or the District
cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 5131.5 - Vandalism and Graffiti)
6. Possession or use of laser pointer, unless for a valid instructional or other school-related purpose with prior permission of the principal or designee (Penal Code 417.27)
7. Obscene acts or use of profane, vulgar or abusive language
(cf. 5145.2 - Freedom of Speech/Expression)
8. Plagiarism or dishonesty in school work or on tests
(cf. 5131.9 - Academic Honesty)
(cf. 6162.54 - Test Integrity/Test Preparation)
(cf. 6162.6 - Use of Copyrighted Materials)
9. Wearing of any attire that violates district or school dress codes, including gang-related apparel
(cf. 5132 - Dress and Grooming)
(cf. 5136 - Gangs)
10. Tardiness and unexcused absence from school
(cf. 5113 - Absences and Excuses)
(cf. 5113.1 - Chronic Absence and Truancy)
(cf. 5113.11 - Attendance Supervision)
(cf. 5113.12 - District School Attendance Review Board)
11. Failure to remain on school premises in accordance with school rules
(cf. 5112.5 - Open/Closed Campus)
Employees are expected to enforce standards of conduct and, when they observe or receive a report of a violation of these standards, to appropriately intervene or seek assistance. As necessary, the employee shall refer the matter to a supervisor or the principal or designee.
12. Possession, use, or being under the influence of tobacco, nicotine related products, alcohol, or other prohibited substances
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.62 - Tobacco)
(cf. 5131.63 - Steroids)
13. Behavior as listed in the Suspension/Expulsion Policy 5144.1
14. Use of a cell phone, smart watch, pager, or other mobile communication device during instructional time or in an unauthorized manner in violation of District Policy
(cf. 5131.8 - Mobile Communication Devices)
(cf. 6163.4 - Student Use of Technology)
When a school employee suspects that a search of a student or a student's belongings will turn up evidence of the student's violation of the law or school rules, such a search shall be conducted in accordance with BP/AR 5145.12 - Search and Seizure.
(cf. 5145.12 - Search and Seizure)
When a student uses any prohibited device, or uses a permitted device in an unauthorized manner, a District employee may confiscate the device. The employee shall store the device securely until it is returned to the student or turned over to the principal or designee, as appropriate.
Students who violate District or school rules and regulations may be subject to discipline including, but not limited to, suspension, expulsion, voluntary or involuntary transfer to alternative programs, referral to a student success team or counseling services, denial of participation in extracurricular or co-curricular activities or other privileges, or expulsion, in accordance with Board policy and administrative regulation. The Superintendent or designee shall notify local law enforcement as appropriate.
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
(cf. 5020 - Parent Rights and Responsibilities)
(cf. 5127 - Graduation Ceremonies and Activities)
(cf. 5138 - Conflict Resolution/Peer Mediation)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
(cf. 6020 - Parent Involvement)
(cf. 6145 - Extracurricular and Cocurricular Activities)
(cf. 6159.4 - Behavioral Interventions for Special Education Students)
(cf. 6164.2 - Guidance/Counseling Services)
(cf. 6164.5 - Student Success Teams)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)
Students also may be subject to discipline for any off-campus conduct during non-school hours which poses a threat or danger to the safety of students, staff, or District property, or substantially disrupts school activities in accordance with law, Board policy, or administrative regulation.
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
32280-32289 Comprehensive safety plan
35181 Governing board authority to set policy on responsibilities of students
35291-35291.5 Rules
44807 Duty concerning conduct of students
48900-48925 Suspension and expulsion
51512 Prohibition against electronic listening or recording device in classroom without permission
CIVIL CODE
1714.1 Liability of parents and guardians for willful misconduct of minor
PENAL CODE
288.2 Harmful matter with intent to seduce
313 Harmful matter
417.25-417.27 Laser scope or laser pointer
647 Use of camera or other instrument to invade person's privacy; misdemeanor
653.2 Electronic communication devices, threats to safety
VEHICLE CODE
23123-23124 Prohibitions against use of electronic devices while driving
CODE OF REGULATIONS, TITLE 5
300-307 Duties of students
UNITED STATES CODE, TITLE 42
20 USC 1681-1688 Title IX, 1972 Education Act Amendments
COURT DECISIONS
J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094
LaVine v. Blaine School District, ( 2001, 9th Cir.) 257 F.3d 981
Emmett v. Kent School District No. 415, (2000) 92 F.Supp. 1088
Bethel School District No. 403 v. Fraser, (1986) 478 U.S. 675
New Jersey v. T.L.O., (1985) 469 U.S. 325
Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503
Management Resources:
CSBA PUBLICATIONS
Safe Schools: Strategies for Boards of Education to Ensure Student Success, 2011
Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010
Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Bullying at School, 2003
WEB SITES
CSBA: http://www.csba.org
California Department of Education, Safe Schools Office: http://www.cde.ca.gov/ls/ss
Center for Safe and Responsible Internet Use:
https://www.ewa.org/organization/center-safe-and-responsible-internet-use
National School Safety Center: http://www.schoolsafety.us
U.S. Department of Education: http://www.ed.gov
Policy EAST WHITTIER CITY SCHOOL DISTRICT
adopted: April 14, 2020 Whittier, California