Newark USD | AR 5144 Students
Site-level rules shall be consistent with district policies and administrative regulations. In developing site-level disciplinary rules, the principal or designee shall solicit the participation, views, and advice of one representative selected by each of the following groups: (Education Code 35291.5)
3. School administrators
4. School security personnel, if any
(cf. 3515.3 - District Police/Security Department)
5. For junior high and high schools, students enrolled in the school
Annually, site-level discipline rules shall be reviewed and, if necessary, updated to align with any changes in district discipline policies or goals for school safety and climate as specified in the district's local control and accountability plan. A copy of the rules shall be filed with the Superintendent or designee for inclusion in the comprehensive safety plan.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 0460 - Local Control and Accountability Plan)
School rules shall be communicated to students clearly and in an age-appropriate manner.
It shall be the duty of each employee of the school to enforce the school rules on student discipline. (Education Code 35291)
To the extent possible, staff shall use disciplinary strategies that keep students in school and participating in the instructional program. Except when a student's presence causes a danger to himself/herself or others or he/she commits a single act of a grave nature or an offense for which suspension or expulsion is required by law, suspension or expulsion shall be used only when other means of correction have failed to bring about proper conduct. Disciplinary strategies may include, but are not limited to:
1. Discussion or conference between school staff and the student and his/her parents/guardians
(cf. 5020 - Parent Rights and Responsibilities)
(cf. 6020 - Parent Involvement)
2. Referral of the student to the school counselor or other school support service personnel for case management and counseling
(cf. 5138 - Conflict Resolution/Peer Mediation)
(cf. 6164.2 - Guidance/Counseling Services)
3. Convening of a study team, guidance team, resource panel, or other intervention-related team to assess the behavior and develop and implement an individual plan to address the behavior in partnership with the student and his/her parents/guardians
(cf. 6164.5 - Student Success Teams)
4. When applicable, referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program or a Section 504 plan
(cf. 6159 - Individualized Education Program)
(cf. 6164.6 - Identification and Education under Section 504)
5. Enrollment in a program for teaching prosocial behavior or anger management
6. Participation in a restorative justice program
7. A positive behavior support approach with tiered interventions that occur during the school day on campus
8. Participation in a social and emotional learning program that teaches students the ability to understand and manage emotions, develop caring and concern for others, make responsible decisions, establish positive relationships, and handle challenging situations capably
9. Participation in a program that is sensitive to the traumas experienced by students, focuses on students' behavioral health needs, and addresses those needs in a proactive manner
10. After-school programs that address specific behavioral issues or expose students to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups
(cf. 5148.2 - Before/After School Programs)
11. Recess restriction as provided in the section below entitled "Recess Restriction"
12. Detention after school hours as provided in the section below entitled "Detention After School"
13. Community service as provided in the section below entitled "Community Service"
14. In accordance with Board policy and administrative regulation, restriction or disqualification from participation in extracurricular activities
(cf. 6145 - Extracurricular/Cocurricular Activities)
15. Reassignment to an alternative educational environment
(cf. 6158 - Independent Study)
(cf. 6181 - Alternative Schools/Programs of Choice)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)
16. Suspension and expulsion in accordance with law, Board policy, and administrative regulation
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
When, by law or district policy, other means of correction are required to be implemented before a student could be suspended or expelled, any other means of correction implemented shall be documented and retained in the student's records. (Education Code 48900.5)
(cf. 5125 - Student Records)
A teacher may restrict a student's recess time only when he/she believes that this action is the most effective way to bring about improved behavior. When recess restriction may involve the withholding of physical activity from a student, the teacher shall try other disciplinary measures before imposing the restriction. Recess restriction shall be subject to the following conditions:
1. The student shall be given adequate time to use the restroom and get a drink or eat lunch, as appropriate.
2. The student shall remain under a certificated employee's supervision during the period of restriction.
3. Teachers shall inform the principal of any recess restrictions they impose.
(cf. 5030 - Student Wellness)
(cf. 6142.7 - Physical Education and Activity)
Detention After School
Students may be detained for disciplinary reasons up to one hour after the close of the maximum school day. (5 CCR 353)
If a student will miss his/her school bus on account of being detained after school, or if the student is not transported by school bus, the principal or designee shall attempt to notify parents/guardians of the detention at least one day in advance so that alternative transportation arrangements may be made.
Students shall remain under the supervision of a certificated employee during the period of detention.
Students may be offered the choice of serving their detention on Saturday rather than after school.
(cf. 6176 - Weekend/Saturday Classes)
As part of or instead of disciplinary action, the Board, Superintendent, principal, or principal's designee may, at his/her discretion, require a student to perform community service during nonschool hours on school grounds or, with written permission of the student's parent/guardian, off school grounds. Such service may include, but is not limited to, community or school outdoor beautification, campus betterment, and teacher, peer, or youth assistance programs. (Education Code 48900.6)
This community service option is not available for a student who has been suspended, pending expulsion, pursuant to Education Code 48915. However, if the recommended expulsion is not implemented or the expulsion itself is suspended, then the student may be required to perform community service for the resulting suspension. (Education Code 48900.6)
Notice to Parents/Guardians and Students
At the beginning of the school year, the Superintendent or designee shall notify parents/guardians, in writing, about the availability of district rules related to discipline. (Education Code 35291, 48980)
(cf. 5145.6 - Parental Notifications)
The Superintendent or designee shall also provide written notice of disciplinary rules to transfer students at the time of their enrollment in the district.
Regulation NEWARK UNIFIED SCHOOL DISTRICT
approved: July 16, 1996 Newark, California
revised: October 7, 2014