Policies » Section J: Students » JICD: Student Conduct, Discipline And Due Process

Policy Date: 12/05/2019

CSD File: JICD
CANDIA SCHOOL DISTRICT
STUDENT CONDUCT, DISCIPLINE AND DUE PROCESS

Safe School Zone

Disciplinary measures include, but are not limited to, removal from the classroom, detention, in-school suspension, out-of-school suspension, restriction from activities, probation, and expulsion.

Definitions
1.Removal from the classroom means a student is sent to the building Principal, or designee’s office. It is within the discretion of the person in charge of the classroom to remove the student.
2.Detention means the student’s presence is required for disciplinary purposes before or after the hours when the student is assigned to be in class. The building Principal, or designee, is authorized to establish guidelines or protocol for when detention shall be served(either before school or after school). Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building Principal, or designee,
3.An in-school suspension means the student will attend school but will be temporarilyr emoved from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.
4.An out-of-school suspension means the temporary denial of a student’s attendance at school for a specific period of time for gross misconduct, for neglect, or refusal to conform to school rules or policies.
5.A restriction from school activities means a student will attend school, classes, and practice but will not participate in school extra-curricular activities.
6.Expulsion means the permanent denial of a pupil’s attendance at school for any of ther easons listed in RSA 193:13, II and III.

Standards for Removal from Classroom and Detention
Students may be removed from the classroom at the classroom teacher’s discretion if the student refuses to obey the teacher’s directives, becomes disruptive, fails to abide by school rules or policies, or otherwise impedes the educational purpose of the class.

Likewise, classroom teachers may assign students to detention for similar conduct.

The building Principal, or designee, may assign students to detention under the same standard.

Standards for In-School Suspension, Restriction of Activities, and Probation

The building Principal, or designee, is authorized to issue in-school suspensions, restrictions of activities, or place a student on probation for any conduct that causes material or substantial disruption to the school environment, interferes with the rights of others, presents a threat to the health and safety of students, employees, and visitors, violates other board Policies, is otherwise inappropriate, or prohibited by law.

Process for Out-of-School Suspension:
The power of suspension is authorized as follows:
1.The building Principal, or designee, is authorized to suspend a student for ten (10) schooldays or less for gross misconduct, for neglect, or refusal to conform to school district policies and rules. The Principal, or designee, shall consult with the Superintendent prior to issuing any suspension.
A.Pursuant to Ed 317.04(a)(1), a suspension of ten (10) school days or less shall be considered a “short-term suspension” and may be issued for gross misconduct, for neglect, or refusal to conform to the reasonable policies and rules of the school under RSA 193:13, I.
B.As required by RSA 193:13(a), educational assignments shall be made available to the suspended pupil during the period of suspension.

2.The Superintendent is authorized to continue the suspension of a pupil for a period in excess of ten (10) school days. Prior to this extended suspension, the Superintendent will provide an informal hearing on the matter. The informal hearing need not rise to the level and protocol of an official hearing before the School Board, but must comply with the requirements of Department of Education Administrative Rule 317.04, Disciplinary Procedures, subsection (f)(3)g.
A.Pursuant to Ed 317.04(a)(2), a suspension in excess of ten (10) school days shall be considered a “long-term suspension.”
B.A long-term suspension may be issued for an act of theft, destruction, or violence as defined in RSA Chapter 193-D, for possession of a pellet paint ball gun or BB gun or rifle as provided by RSA 193:13, II, or for any violation of any rule established using the authority granted by RSA 189:15, provided the rule includes notice that a student may receive a long-term suspension and/or may be expelled for violation of the rule and the rule has been recorded in the official records of the School Board.

3.Any suspension in excess of ten (10) school days, as described in Paragraph 2 of this Section, is appealable to the School Board, provided the Superintendent receives the appeal in writing within ten (10) days after the issuance of the Superintendent’s decision described in Paragraph 2. Any suspension in excess of ten (10) school days shall remain in effect while this appeal is pending.
4.Due process standards for short-term suspensions (ten (10) days or less) will adhere to the requirements of Ed 317.04(f)(1).
5.Due process standards for long-term suspensions (more than ten (10) days) will adhere to the requirements of Ed 317.04(f)(2).

Process for Expulsion
1.Any pupil may be expelled by the School Board for an act of theft, destruction, or violence as defined in RSA Chapter 193-D, for possession of a pellet paint ball gun or BB gun or rifle as provided by RSA 193:13, II, or for any violation of any rule established using the authority granted by RSA 189:15, provided the rule includes notice that a student may receive a long-term suspension and/or may be expelled for violation of the rule and the rule has been recorded in the official records of the School Board.
2.Additionally, any pupil may be expelled by the School Board for bringing or possessing a firearm as defined in Section 921 U.S.C. Title 18 in a safe school zone, as defined in RSA193-D:1, unless such pupil has written authorization from the Superintendent. Any expulsion under this provision shall be for a period of not less than twelve (12) months.
3.The District will ensure that the due process standards set forth in Ed 317.04(f)(3) are followed.
4.An expulsion will run until the School Board restores the student’s permission to attend school. A student seeking restoration of permission to attend school shall file a written request with the Superintendent which details the basis for the request.

Notice
Any time there is an instance of disciplinary action mentioned in Paragraph #1, as well as any infraction covered in this policy, parents will be notified. This policy and school rules which inform the student body of the content of RSA 193:13 shall be printed in the student handbook and made available on the District’s website to students, parents, and guardians. The Principal or designated building administrator shall also inform the student body concerning this policy and school rules which address the content of RSA 193:13 through appropriate means, which may include posting and announcements. See: Ed. 317.04(d).

Legal Reference:
RSA 193:14, IV, RSA 189:15, Regulations, RSA 193:13, Suspension & Expulsion of Pupils, RSA 193-D, NH Ed Rule Sect. Ed. 306.04(a)(3), Discipline, Section Ed. 306.04 (f), Student Discipline Policy, Sect. Ed. 317.04 Suspension and Expulsion of Pupils Assuring Due Process Disciplinary Procedures

Adopted: June 7, 2001
Adopted: November 7, 2002
Revised: June 5, 2008
Revised: March 7, 2018
Revised: December 5, 2019