Forest Area School District
Elementary Handbook

DISCIPLINE CODE
General Statement | Areas of Responsibility | Discipline Guidelines | Weapons Policy

I. GENERAL STATEMENT

The Forest Area School Board of Education has the right and authority “to adopt reasonable rules and regulations as it may deem necessary and proper regarding the management of its school affairs.” (24 P.S. Sec 510). The Student Conduct and Discipline Code is designated to balance the responsibility of the school authorities to maintain and support a thorough and effective system of public education (Pa. Constitution, Article 3, Section 14) with the personal rights and freedoms of all pupils. “The authority possessed by the State to prescribe and enforce standards of conduct, although concededly very broad, must be exercised consistently with constitutional safeguards.” (Goss v. Lopes 419 US 565, 1975). Adherence to this code by pupils, school personnel, and the parental support which is needed will not only create an atmosphere conductive to learning but will also protect the rights of our youth. The Discipline Code is designed to provide a guide which is reasonable in dealing with discipline problems and one which will establish the parameters for students and staff to follow so that all parties know what is expected of them.

II. AREAS OF RESPONSIBILITY

• Forest Area Board of Education ~ The Board of School Directors holds all school personnel, through the Superintendent, responsible for the control and proper conduct of students while under the legal supervision of the school and supports all personnel reasonably acting within the framework of district policy.
• Superintendent ~ The Superintendent shall be responsible for establishing all necessary procedures to implement the Board of School Directors policies relating to the standards of student behavior.
• Principals ~ The school principal shall be responsible to the Superintendent for the student conduct within his school. The principal shall have the responsibility to enforce the district policies. The principal will handle discipline problems in a reasonable and prudent manner, based upon the standards which are set forth herein. He is responsible for disciplinary communications among faculty, students, parents, and community agencies. The responsibilities of the principal also include the administration of detention, recommending suspensions and expulsions, and maintaining discipline records.
• Teacher ~ It is the responsibility of the teacher to:
• Enforce all facets of the discipline code.
• Act with the dignity and respect which he/she in turn expects to receive from the students.
• Make every effort to recognize the individuality and dignity of the student.
• Look upon discipline with an objective and positive manner, administering it impartially and matter-of-factly within a reasonable time. Acts of discipline should be forgiven and forgotten immediately following.
• Never publicly ridicule or physically abuse any child and never strike a child.
• Plan and conduct a program of instruction, which will stimulate learning and reduce behavior problems.
• Manage the classroom routine so that it reduces the opportunity for students to become disruptive.
• Make every effort to develop communication between teacher and parent relative to the performance of the student.
• Distinguish between student misconduct, which should be handled by the teacher and that which requires the attention of the principal.
• Treat individual infractions individually.
• Be sensitive to changing behavior patterns, talk to students about their problems immediately and refer students to the guidance counselor.
• Attempt to resolve any situation where the student is behaving in such a way as to jeopardize his own safety or the safety of other students or teachers.
• Supervise all students at all times. Students should never have the feeling that they are unsupervised

E. Parent ~ It is the responsibility of parents to:

• Follow the proper procedures if they feel that their rights and/or the rights of their child have been grieved under this policy. The procedures to be followed should be initiated with the individual who has been involved with their child. If they are not satisfied with the resolution of the matter at any time, they may proceed to the next level of responsibility in the following manner:

a. Make an appointment and discuss the problem with the teacher or the individual involved.

b. Make an appointment and discuss the problem with the principal.

c. Make an appointment and discuss the problem with the superintendent.

d. Write a letter and request to be placed on the Agenda of the next Forest Area School Board meeting.

2. Instill an enthusiastic attitude in your child from his/her first day of school, by encouraging him/her to reach his maximum potential.

3. Keep in mind that parental attitude and opinion so often become that of your children.

4. Stimulate learning in the home as well as the school. Provide a place for him/her to do homework assignments and be available to assist your child, if needed.

5. Build a good working relationship between yourself and your child, his teacher, and his school.

6. Encourage your child to take pride in his appearance.

7. Be firm with standards you set for your child. Be careful not to expect more than his capabilities will allow.

8. Insist upon prompt and regular attendance.

9. Recognize that the teacher deserves the same consideration and respect that we insist upon as parents.

10. Insist that your child bring home promptly all communications from school. Be certain to read them and, if necessary, discuss them with your child.

11. Help your child to understand that rules are a necessary part of our society. Should your child become involved with an infraction, cooperate with the school in resolving the problem.

12. Communicate with the school in any problem the student might have.

13. Establish rapport with the school.

14. Teach your child to respect himself/herself so that he/she will understand why he/she must show respect for the law, the rights of others and public safety.

YOU ARE FINANCIALLY RESPONSIBLE FOR YOUR CHILD’S MISDEEDS

F. Student ~ It is the responsibility of the student to follow the proper procedure if they feel that their rights have been violated under this policy. The procedures to be followed should be initiated with the individual who has been involved. If the student is not satisfied with the resolution of the matter at any time, then he/she may proceed to the next level of responsibility in the following manner:

1. Make an appointment and discuss the problem with the teacher or the individual involved.

2. Make an appointment and discuss the problem with the principal.

3. Make an appointment and discuss the problem with the superintendent.

4. Write a letter and request to be placed on the Agenda of the next Forest Area Board of Education meeting.

ELEMENTARY DISCIPLINE GUIDELINES

The goal of the “Code of Student Behavior” with regards to student behavior is to enable the student to progress through the school system in an orderly manner while developing an understanding of independent responsibility as a student of Forest Area as well as to prepare the student for their place in the community and in the employment world. It is understood that common sense and reason should prevail when a disciplinary response, as related to an offense, is utilized by school personnel. The student’s developmental level and degree of seriousness of violation will be considered in every situation.

LEVEL I VIOLATIONS ~ Include but not limited to

• Minor cafeteria disruption
• Minor class disruption
• Minor hall disruption
• Unacceptable language/actions/gestures
• Dress code violations
• Loitering
• Tardiness to school/class (3 rd time)
• Outside assigned area without a pass or abuse of a pass
• Consuming food or drink outside of cafeteria
• Inappropriate displays of affection
• Throwing small objects
• Violating individual classroom policies
• Failure to complete reasonable assignments or carry out reasonable directions
• Passing/writing notes

LEVEL II VIOLATIONS ~

• Fifth offense of Level I violation
• Destruction of school property ~ (restitution is mandatory)
• Cutting class
• Cutting school/leaving school grounds

• Theft (restitution is mandatory)
• Cheating (automatic zero on the work)
• Being in unauthorized/unsupervised areas
• Disrespect toward staff/insubordination
• Cutting after-school detention
• Harassment/hazing/sexual harassment (see page 34-35)
• Students are prohibited from possessing and using laser pointers and attachments during school, on school property and at school sponsored activities, on and off school property.
• Possession or unauthorized use of an electronic device (page 24)
• Tobacco Policy ~ Violations will be filed with the District Magistrate

First Offense: one (1) day suspension

Second Offense: three (3) days suspension

Third Offense: Referral to hearing and ten (10) day suspension

• Fighting ~ physical contact was made resulting in injury
• Physical altercation resulting in a minor injury or no injury

Mediation may be used instead of disciplinary action if recommended by administration and agreed to by both parties. Mediation may be conducted by the guidance department or trained student mediators.

LEVEL III VIOLATIONS ~ Included but not limited to:

• Under the influence or in possession of alcohol or under the influence or in possession of drugs or related paraphernalia.
• Possession, use (including being under the influence), and/or the distribution/sale of tobacco, drugs, or alcohol or any form of look alikes. This includes the use or possession of anabolic steroids.
• Possession of and/or use of lethal weapons or look alikes (Act 26 see below).
• Assault on staff members ~ making aggressive physical contact.
• Arson
• Terroristic threats (see page 41).
• Reckless endangerment of another person or one’s self by initiating actions that could cause serious harm.
• Indecent exposure.
• Possession or use of fireworks or any type of exploding device.
• Tampering with alarms or fire fighting/security systems.
• Fourth offense of Level II violation
• Bomb threat
• Vandalism
• Extortion
• Possession and/or use of laser lights, etc.
• Assault on Student(s) – violent acts which cause harm or are intended to cause harm – may include but are not limited to the use of a weapon.

Given the seriousness of Level III violations, the following actions will be immediate:

• Discipline form completed
• Referral to Child Study Team
• No activities for 90 school days, with possible extension of up to 180 school days
• 3-10 day out of school suspension
• Police involvement
• Hearing scheduled
• Referral to school board for possible expulsion

THE FOREST AREA SCHOOL DISTRICT HAS A ZERO TOLERANCE POLICY PERTAINING TO TOBACCO, DRUGS, ALCOHOL AND WEAPONS.

The Forest Area School District and the Pennsylvania State Police have a Memorandum of Understanding relating to criminal offenses that occur on school property or during school vents. The understanding relates to the procedures to be employed by the district and the police should any of the listed offenses occur. A copy of this memorandum is on file in all school offices and at the central office.

• In-School “detention” (ISS)
• Saturday detention
• Out-of-school suspension ( OSS)

WEAPONS POLICY (ACT 26)

The Board recognizes the importance of a safe school environment and its affect upon the educational process. Possession of weapons in the school environment is a threat to the safety of students and staff and its prohibited by law.

The Board prohibits students from possessing and bringing weapons and replicas of weapons into any school district buildings, onto school property, to any school sponsored activity, and onto any public vehicle providing transportation to school or a school sponsored activity.

For the purposes of this policy a “weapon” shall be defined as follows:

A “weapon” shall mean any device, instrument, material or substance, which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing physical injury or terror.”

This definition includes, but is not limited to: any knife, cutting instrument, cutting tool, nunchaku, brass knuckles, firearm, shotgun, rifle, BB or pellet gun, look-alike gun, chemical agent, explosive device, and/or instrument, tool, or implement capable of inflicting bodily injury or causing fear of same.

For the purposes of this policy “possession” shall be defined as follows:

“Possession” ~ a student is in possession of a “weapon” when the weapon is found on the person of this student, in the student’s locker or vehicle, in or under the student’s control while he/she is on school property, on property being used by the school, at any school function or activity, at any school event held away from the school, or while the student is on his/her way to or from school. Additionally, any student who is responsible for bringing a weapon into the school environment or to school activities, regardless of whether or not the weapon is in his/her possession at the time of discovery, shall be guilty of violating this policy and shall be treated as if in possession. Violation of section 912 of the Pennsylvania Crimes Code shall also constitute a violation of this policy.

The school district, in compliance with Act 26 of 1995 of the Public School Code, shall expel for a period of not less than one (1) year any student found to be in violation of this weapons policy. Such expulsions shall be given in conformance with formal due process proceedings as required by law.

The Superintendent may, on a case-by-case basis, recommend discipline short of expulsion and in the case of an exceptional student take all necessary steps to comply with the individuals with Disabilities Education Act.

The Superintendent or a designee shall take the necessary actions to develop a memorandum of understanding with local law enforcement officials that sets forth procedures to be followed when an incident occurs involving an act of violence or possession of a weapon on school property.

An exception to this policy may be made by the Superintendent, who shall prescribe special conditions or procedures to be followed.

Weapons under the control of law enforcement personnel in conjunction with their duties are permitted.

TERRORISTIC THREATS/ACTS

The Forest Area School Board prohibits any district student from communicating terroristic threats or committing terroristic acts directed at any student, employee, Board member, community member or school building. Terroristic threat shall mean a threat to commit violence communicated with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience, in reckless disregard of the risk of causing such terror or inconvenience.

Terroristic act shall mean an offense against property or involving danger to another person.

When an administrator has evidence that a student has made a terroristic threat or committed a terroristic act:

• The building principal shall immediately suspend the student.
• The building principal shall promptly report the incident to the Superintendent.
• Based on further investigation, the Superintendent shall report the student to law enforcement officials.
• The Superintendent may recommend expulsion of the student to the Board. If a student is expelled for making terroristic threats or committing terroristic acts, the Board may require, prior to readmission, that the student provide competent and credible evidence that the student does not pose a risk of harm to others.

If a student is expelled for making terroristic threats or committing terroristic acts, upon return to school, the student shall be subject to random searches.

In the case of exceptional students, the district will take all steps necessary to comply with the Individuals with Disabilities Education Act and follow Board policy

UNLAWFUL HARASSMENT OR HAZING POLICY

It is the policy of the Forest Area School District to maintain a safe, positive learning and working environment that is free from harassment.

It shall be a violation of this policy for any member of the district staff to harass a student through conduct or communications as defined below. It shall also be a violation of this policy for students to harass other students or staff through conduct or communications as defined below.

DEFINITIONS

HAZING ~ Hazing is defined as any activity that recklessly or intentionally endangers the mental health, physical health or safety of a student for the purpose of initiation or membership in or affiliation with any organization recognized by the board.

Endanger the physical health shall include but not be limited to any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, alcoholic beverage, drug, or controlled substance; or other forced physical activity that could adversely affect the physical health or safety of the individual.

Endanger the mental health shall include any activity that would subject an individual to extreme mental stress, such as prolonged sleep deprivation, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.

Any hazing activity, whether by an individual or a group, shall be presumed to be a forced activity, even if a student willingly participates.

HARASSMENT ~ For purposes of this policy, harassment of a student consists of verbal, written, graphic or physical conduct relating to an individual’s race, color, national origin/ethnicity, gender, disability, sexual orientation or religion when such conduct:

• Is sufficiently severs, persistent or pervasive that it affects an individual’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment.
• Has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance.
• Otherwise adversely affects an individual’s learning opportunities.

SEXUAL HARASSMENT ~ For purposes of this policy, sexual harassment of a student shall consist of unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal, written, graphic or physical conduct of a sexual nature when:

• Submission to such conduct is made explicitly or implicitly a term or condition of a student’s academic status.
• Submission to or rejection of such conduct is used as the basis for academic or work decisions affecting the individual.
• Such conduct deprives a student of educational aid, benefits, services or treatment.
• Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of substantially interfering with the student’s school performance or creating an intimidating, hostile or offensive education environment.

Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual’s dress or body; sexually degrading words to describe an individual; jokes, pin-ups, calendars, objects, graffiti, vulgar statements, abusive language, innuendoes, references to sexual activities, overt sexual conduct; or any conduct that has the effect of unreasonably interfering with a student’s ability to work or learn or creates an intimidating, hostile or offensive learning or working environment.

COMPLAINT PROCEDURE

• A student shall report a complaint of harassment, orally or in writing, to the building principal or a designated employee, who shall inform the student of his/her rights and of the complaint process.
• The building principal immediately shall notify the Superintendent or other designated administrator and shall conduct an impartial, thorough and confidential investigation of the alleged harassment. In determining whether alleged conduct constitutes harassment, the totality of the circumstances, nature of the conduct, and context in which the alleged conduct occurred shall be investigated.
• The building principal shall prepare a written report summarizing the investigation and recommending disposition of the complaint. Copies of the report shall be provided to the complainant, the accused, the Superintendent and others directly involved, as appropriate.
• If the investigation results in a substantiated charge of harassment, the district shall take prompt corrective action to ensure the harassment ceases and will not recur.

ACTION

A substantiated charge against a student in the school district shall subject that student to disciplinary action including but not limited to suspension, expulsion and possible police action consistent with the student discipline code.

A substantiated charge against a district staff member shall subject such staff member to disciplinary action, including discharge.

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Forest Area School District
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