Discipline Procedures for District-Approved Student Transportation - Eeacc-Ar
DISCIPLINE PROCEDURES FOR DISTRICT-APPROVED STUDENT TRANSPORTATION - EEACC-AR
Code:EEACC-AR
COOS BAY SCHOOL DISTRICT NO. 9Adopted:5/11/98
Revised:
DISCIPLINE PROCEDURES FOR DISTRICT-APPROVED STUDENT TRANSPORTATION
All students eligible for district-approved student transportation shall receive safety instruction and a code of conduct.
Violation of the code of conduct or conduct which jeopardizes the health/safety of self and/or others may result in the loss of district-approved transportation services.
The following procedures address:
I.Safety Instructions
II.Code of Conduct
III.Violations
IV.Suspension
V.Expulsion
VI.Right of Appeal
VII.Reinstatement
VIII.Education
IX.Special Education Students
I.Safety Instructions
A.Each September and January, the transportation supervisor will direct all bus drivers to conduct a safety review with all students who are regularly transported by the district.
1.The drivers shall review the code of conduct which is to be posted.
2.The drivers shall review the consequences of a violation as outlined in this procedure.
3.The drivers shall conduct unloading, loading, and emergency exit evacuation drills.
4.The drivers shall review all hazards such as crossing a road and bus stop conduct.
B.Each September and January, the transportation supervisor will direct all bus drivers to conduct a safety review with all other students.
1.The drivers shall review safe bus riding procedures.
2.The drivers shall review use of emergency exits.
C.The transportation supervisor will record dates and content of safety instructions by each driver. Such information shall be kept as a part of the district’s records.
(continued)
II.Code of Conduct
A.Each year, the district will include the following transportation rules in the Student/Parent Guide or issue a code of conduct to all students and parents accompanied by the following form to be acknowledged as having been read and understood. The district will provide interpretation to those students/parents whose primary language is not English.
The following regulations will govern conduct on school buses and will be posted.
CODE OF CONDUCT
1.Pupils being transported are under the authority of the driver.
2.Fighting, wrestling, or boisterous activity is prohibited on the bus.
3.Pupils will use the emergency door only in case of emergency.
4.Pupils will be on time for the bus, both morning and evening.
5.Pupils will not bring animals (except prior-approved assistance guide animals), firearms, weapons, or other potentially hazardous material on the bus.
6.Pupils will remain seated while the bus is moving.
7.Pupils may be assigned seats by the driver.
8.When necessary to cross the road, pupils will cross in front of the bus or as instructed by the driver.
9.Pupils will not extend their hands, feet, arms, legs, or heads through windows.
10.Pupils will have written permission to leave the bus other than their regular stop.
11.Pupils will converse in normal tones; loud or vulgar language is prohibited.
12.Pupils will not open or close windows without permission of the driver.
13.Pupils will keep the bus clean and must refrain from damaging it.
14.Pupils will be courteous to the driver, to fellow pupils, and passersby.
15.Pupils will obey promptly the directions of drivers or other responsible adults.
I have read the above rules and have discussed them with my student. We understand the importance of this code of conduct.
______
ParentStudent
(continued)
III.Violations
Each year, the district will include the following procedures for violations in the Student/Parent Guide or issue the procedures to all students and parents accompanied by a form to be signed as an acknowledgment of having been read and understood.
The district will provide interpretation to those students/parents whose primary language is not English.
DISCIPLINARY PROCEDURES FOR VIOLATIONS
1.First Incident: Driver verbal warning. May be moved to front of bus.
2.Second Incident: Driver issues a written warning (citation).
3.Third Incident: Driver issues a second citation resulting in a two-day suspension of bus-riding privileges.
4.Fourth Incident: Driver issues a third citation resulting in a five-day suspension of bus-riding privileges.
5.Fifth Incident: Driver issues a fourth citation resulting in an expulsion from all buses, pending a hearing with district administration.
Severe Disruptions: The following behaviors will result in an automatic five-day suspension from bus-riding privileges.
1.Failure to obey the driver.
2.Physical harm or threat of physical harm to another student or the driver.
3.Fighting.
4.Failure to give correct name and/or student number.
5.Property damage to bus.
6.Foul or abusive language directed at the driver or school employee.
7.Tobacco, alcohol, or drug use.
In all instances, the appeal process may be used if the student and/or parent desires.
Suspensions and expulsions from the bus means ALL buses in the district. Citations should be signed by a parent and returned to the driver before riding privileges are restored. Severe or repeated problems on the bus may result in school disciplinary action as well as transportation consequences.
Disciplinary sanctions and changes in transportation for students with an Individual Education Plan (IEP) will be conducted in accordance with applicable laws and District Policy JGDA/JGEA.
(continued)
BUS CONDUCT CITATION
The following is a copy of the Bus Conduct Citation used by the district-approved transportation services. The regulations governing pupils riding school buses (the Code of Conduct) is printed on the back of these forms.
(continued)
APPEAL PROCEDURE
If a student or parent wishes to appeal the application of the discipline policy, the following steps should be used. (If the student or parent wishes to complain about a school employee’s decision, use Policy KL – Complaint Procedure for School Patrons.)
STEP IThe student or his/her representative will discuss the issue with the transportation supervisor and assistant superintendent.
STEP IIIf the student is not satisfied with the outcome of the discussion, he/she may file a written statement with the assistant superintendent and transportation supervisor. This is to be done within ten school days of the act or condition which is the basis of the complaint. The administration will, within three school days, arrange a student, parent, transportation, and assistant superintendent conference with the goal of resolving the issue.
STEP IIIWithin five school days, the assistant superintendent is to communicate, in writing, the decision to the student and the student’s parents.
STEP IVIf, after five school days from receipt of the administrator’s reply, the issue still remains unresolved, the student may submit the matter in writing to the superintendent. The superintendent will meet with the student within three school days and will respond to the issue, in writing, within five school days after the appeal.
STEP VIf the issue is still unresolved, the student may appeal to the board. The board will notify persons involved that a hearing will be held within 14 days of receipt of the appeal. The board shall review correspondence, hear relevant facts, and respond to the student within three school days.
Please return this signed form to the bus driver on or before the second day of school.
I have read and understand the transportation contract plan. I understand that bus transportation is an important service and that the safety of my student is the primary concern.
______
Student’s NameParent’s SignatureDate
Bus Route # ______Phone Numbers: (Home) ______(Work) ______
School ______
(continued)
IV.Suspension
Due process procedures used by the district governing student behavior shall be applied (refer to District Policy JGD – Suspension).
V.Expulsion
Students will not be expelled without a hearing unless the student’s parents waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing. By waiving the right to a hearing, the student and parent agree to abide by the findings of a hearings officer.
When an expulsion hearing is not waived, the following procedure is required:
1.Notice will be given to the student and the parent by personal service or by certified mail at least five (5) school days prior to the scheduled hearing. Notice will include: (a) the specific charge or charges; (b) the conduct constituting the alleged violation, including the nature of the evidence of the violation; (c) a recommendation for expulsion; (d) the student’s right to a hearing; (e) when and where the hearing will take place; and (f) the right to representation.
2.The superintendent or designee will act as the hearings officer. The district may contract with an individual who is not employed by the district to serve as the hearings officer. The hearings officer will conduct the hearing and will not be associated with the initial actions of the building administrators.
3.In case the parent or student has difficulty understanding the English language or has other serious communication disabilities, the district will provide a translator.
4.The student will be permitted to have a representative present at the hearing to advise and to present arguments. The representative may be an attorney and/or parent. The school district’s attorney may be present.
5.The student will be afforded the right to present his/her version of the charge(s) and to introduce evidence by testimony, writings, or other exhibits.
6.The student will be permitted to be present and to hear the evidence presented by the district.
7.The hearings officer will determine the facts of each case on the evidence presented at the hearing. Evidence may include the relevant past history and student education records. Findings of fact as to whether the student has committed the alleged conduct will be submitted to the board, along with the officer’s decision on disciplinary action, if any, including the duration of any expulsion. This decision will be available in identical form to the board, the student, and the student’s parents at the same time.
8.The hearings officer or the student may make a record of the hearing.
(continued)
9.The hearings officer’s decision is final. However, this decision may be appealed to the board. At its next regular meeting, the board will review the hearings officer’s decision and will affirm, modify, or reverse the decision. Parents or students who wish to appeal the hearings officer’s decision will have the opportunity to be heard at the time the board reviews the decision.
10.Expulsion hearings will be conducted in private and board review of the hearings officer’s decision will be conducted in executive session unless the student or the student’s parent requests a public hearing. If an executive session is held by the board or a private hearing by the hearings officer, the following will not be made public: (a) the name of the minor student; (b) the issues involved; (c) the discussion; and (d) the vote of board members, which may be taken in executive session.
VI.Right of Appeal
A.At each step of the discipline procedures used in the district-approved transportation services, parents, students, and/or a representative have a right to appeal.
B.All appeals must be in writing.
C.Appeals are to be made to the responsible person at the level of appeal.
D.Final appeal may be made to the board.
E.Board decisions are final.
VII.Reinstatement
A.A conference to discuss reinstatement shall be conducted under the following guidelines:
1.When deemed necessary, parent(s) and student shall be present at the conference.
2.The transportation supervisor shall fully explain matters and permit the parties involved to fully explain their positions.
3.The transportation supervisor shall make a decision which provides guidelines for the student to follow when transportation services are reinstated.
VIII.Education
A.Disciplinary action for violating the transportation code of conduct and/or transportation health and safety requirements shall be confined to district-approved transportation services.
(continued)
Therefore, students who have lost district-approved transportation services through a disciplinary action shall be expected to continue with the district’s educational requirements.
B.Student’s academic grades will reflect academic achievement. Therefore, misconduct or absenteeism shall not be a sole criterion for grade reduction.
However, students will be expected to continue to meet the district’s attendance and educational requirements.
C.Make-up work may be provided:
1.If make-up work is needed, the district’s policy and procedures will be followed.
D.Alternative education may be provided:
1.If alternative education is needed, the district’s policy and procedures will be followed.
IX.Special Education Students
A.Individualized Education Program (IEP) team review:
1.Suspensions – up to ten (10) days:
a.The IEP team may be convened when students are to be, or have been, suspended, especially if the student has been suspended more than once. The purpose of the IEP meeting is to review assessment information and determine whether modifications to the IEP, a change of placement, or behavioral interventions are needed to address the inappropriate behavior and teach appropriate replacement behaviors.
b.Parents shall be notified immediately if their student will be or has been suspended so that they can assist the school in gathering pertinent information relative to the student’s behavior and in exploring options to support the student.
c.Some of the options the school could consider to support the student include:
(1)Meet with the parents to discuss student needs.
(2)Conduct a behavioral evaluation.
(3)Develop a behavioral plan.
(continued)
(4)Revise the IEP to reflect behavioral goals for the student and planned interventions, adaptations, and responses to behavioral incidents.
(5)Revise the IEP to special education or related services (e.g., counseling) to address the behavior.
2.Repeated suspensions and expulsions – more than ten (10) days:
a.The IEP team must be convened before any of the following disciplinary actions are applied:
(1)Suspension for ten (1) cumulative school days in the current placement.
(2)Recommendation for expulsion.
b.If a student is being considered for any of the disciplinary actions identified above, the IEP team must determine whether the student’s misconduct is a manifestation of the student’s disability or is the result of an inappropriate placement.
3.Bus suspensions: Suspensions from the school bus are considered suspensions from school if they effectively prevent the student from accessing the school. As such, all of the above procedures relative to short- and long-term suspensions apply to bus suspensions.
B.Decision of the IEP team:
1.Determining whether the misconduct is a manifestation of the student’s disability:
a.Before expulsion or suspension of more than ten (10) days, the IEP team must determine whether the misconduct is a manifestation of the student’s disability.
b.If the result of the review is a determination that the behavior was not a manifestation of the student’s disability, the relevant disciplinary procedures applicable to students without disabilities may be applied. However, the district must continue to provide a free appropriate public education to the students.
2.When the misconduct is related to student’s disability or results from inappropriate placement/program, the district shall not expel or continue to suspend the student for more than ten (10) days.
3.When the IEP team has determined that the behavior is not a manifestation of the student’s disability and/or does not result from inappropriate placement program:
(continued)
a.The district may expel or continue to suspend the student.
b.Prior to a proposed expulsion or long-term suspension, the district shall notify the parents in writing about the following:
(1)IEP meeting to develop or revise the current IEP.
(2)Change of placement to an accessible and appropriate alternative educational program.
(3)Parental rights under special education law, including the right to a due process hearing (Notice of Procedural Safeguards).
(4)Intent to conduct a hearing to consider expulsion, the reason for proposing expulsion, supporting facts, and the rights of students and parents related to the conduct of the hearing as required by OAR 581-021-0070.
(5)The right of the parents or student, if the student is 18 years or older, to waive the expulsion hearing procedure.
c.An IEP team meeting shall be convened to develop an IEP for the suspension/expulsion period. The IEP team should determine whether:
(1)Additional special education and related services are needed to address the inappropriate behavior related to the suspension/expulsion.
(2)Restructuring of the current IEP will be necessary to prevent regression in student learning.
(3)The alternative educational programs proposed by the district will be compatible with the student’s regular and special educational needs.
d.The IEP team should encourage the development of a regular education “reentry plan” that allows the student to earn credit for his/her academic work during the suspension/expulsion period. The student's regular education program shall not be suspended or withdrawn, but may be modified to enable the student to continue working on academic requirements for classes or for high school graduation.
e.The IEP team should make the following decisions after reviewing and revising the student’s IEP as appropriate:
(1)Determine whether the proposed educational placement will meet the “least restrictive environment” requirements during the period of the suspension/expulsion. The alternatives may include placement:
(continued)
(a)at another school within the district;
(b)in another school district;
(c)in an alternative school or program;
(d)in a private educational agency program;
(e)in a day treatment program;
(f)in a residential program that provides for home instruction; or
(g)home instruction.
(2)If home instruction is being considered as a placement option, the IEP team should document that this decision was carefully considered and took into account the student’s need to be educated with non-disabled students where feasible.
(3)If an alternative educational program is being considered, the IEP team shall ensure that it will be able to incorporate the special and regular education needs of the student.
C.Students exhibiting dangerous behavior:
1.If the district determines that the student’s behavior in the current placement is substantially likely to result in injury to self or others and the parent requests a due process hearing to consider the change in placement, the district may suspend the student for up to ten (10) consecutive or cumulative school days to provide a planning and “cooling off” period. However, at the end of ten (10) days, the student would stay put in the current school placement unless the district secures a hearings officer or court order.