5050 Student Behavior
The Board of Education recognizes that students do not surrender any rights of citizenship while in attendance at Union schools. The school is a community with rules and regulations. Those who enjoy the rights and privileges provided must also accept the responsibilities that membership demands, including respect for and obedience to school rules.
VIOLATION OF SCHOOL RULES
The following behaviors while in school, at school bus stops, in school vehicles, on school grounds, going to or from school, off campus during lunch, attending school events or while attending school-sponsored events whether at Union Public Schools or elsewhere will result in disciplinary action which may include in-school placement options or out-of-school suspension. This list includes, but is not limited to:
A. Conduct which jeopardizes the safety of others including, but not limited to:
1. Possession, threat or use of dangerous weapons.
2. Possession of ammunition, explosives or flammable material.
3. Arson, abuse of fire alarms or safety equipment, or bomb threats.
4. Fighting.
5. Membership or involvement in gangs or gang-related activities, in secret clubs, fraternities, sororities or other secret organizations.
6. Hazing.
7. Harassment:
a. racial
b. sexual
c. student to student
d. student to staff
e. threat to students or staff
f. any other harassment based on national origin, color, age, religion, gender, gender expression or identity, sexual orientation, pregnancy, genetic information, veteran status, or disability
B. Threats to students or staff or property: Threatening behavior means any verbal threat or threatening behavior (including social media) which indicates potential for future harm to students, school personnel, or school property whether or not it is directed at another specific person, including intentional false calls or false reports.
C. Possession, use, or being under the influence of alcoholic beverages, low-point beer, inhalants or any drug or medication not administered by the school nurse with parental authorization.
D. Use or possession of tobacco, tobacco products, vapor products/e-cigarettes, or other smoking paraphernalia.
E. Theft.
F. Vandalism.
G. Possession/distribution of pornographic material (written, audio, technological or visual).
H. Extortion.
I. Willful disobedience of a request of any school official.
J. Use of profanity or vulgar/profane gestures.
K. Cheating.
L. Violation of the dress code.
M. Forgery.
N. Gambling.
O. Failure to attend assigned Detention Halls/discipline programs.
P. Inappropriate public behavior.
Q. Truancy.
R. Immorality.
S. Inappropriate use of technology.
T. Unauthorized use of an electronic paging device, cellular phone, wireless telecommunications device and/or potentially harmful laser pointer.
U. Failure to comply with state immunization requirements.
V. Any behavior that disrupts the education process.
W. Violation of school rules and regulations.
X. Conduct occurring outside of the normal school day or off school property that has a direct and immediate negative effect on the discipline, educational process or effectiveness of the school.
Y. Bullying constitutes unethical and unacceptable conduct that will not be tolerated at any level. All persons are strictly prohibited from engaging in any form of bullying of any student. Anyone engaging in any form of bullying is subject to disciplinary action in accordance with district policy.
When allegations of bullying are filed, a thorough investigation will be conducted by the Superintendent or designee. The investigation will include interviews with relevant persons including, but not limited to, the complainant, the accused, student(s) and other potential witnesses.
Students found in violation of this policy may be subject to any and all disciplinary action that may be imposed by Board Policy #5050.
Prevention and education about bullying behavior will be provided at all schools as a part of the overall discipline and behavior program. The district will establish a procedure whereby a school may recommend that available community mental health care options be provided to the student, if appropriate, and whereby a school may request the disclosure of any information concerning students who have received mental health care that indicates an explicit threat to the safety of students or school personnel. Any disclosure of student information shall not violate any applicable federal or state privacy law.
The following behaviors, while riding on a Union school bus, will result in disciplinary action which may include discipline, school suspension or restriction of bus riding privileges:
A. Throwing any objects.
B. Placing any part of the body outside of the window (bus moving or stationary).
C. 
Eating, or drinking while on a bus.
D. Failure to remain seated (feet on floor, facing front).
E. Disrespectful words, comments, or actions toward the driver.
F. Blocking aisle.
G. Pushing while loading/unloading or while bus is approaching.
H. Transporting unauthorized items.
I. Harassment, including sexual harassment.
J. Excessive noise.
K. Improper street crossing during loading or unloading. FORMS OF DISCIPLINE
Union Public Schools believes parental involvement is necessary in successful discipline. These disciplines or a combination thereof are intended to alter and improve student behavior. Discipline shall be consistent with the nature and severity of the offense, and shall take into account whether it is a first or repeat offense and the student’s general disciplinary record. Discipline shall also be consistent from student to student under similar circumstances considering the exceptions dictated by federal law. Discipline of students with disabilities will be administered pursuant to federal and state laws.
A. Detention: Detention shall be an isolated supervised study time, meeting each day before or after regular class hours.
Types of detention that might be provided:
1. Before school.
2. Recess.
3. Lunch.
4. After school.
B. Service: Providing a service for the improvement of the community and school campus under proper supervision.
Examples of service:
1. Cleaning cafeteria area (wiping tables or picking up litter).
2. Grounds beautification.
3. Other services considered appropriate by the building principal.
C. Dismissal from individual class: A student may be dismissed from an individual class to an area designated by a principal for disruptive behavior in that class. It is the student’s responsibility to make up all work missed in a timely fashion. Failure to make up work will result in loss of credit for work missed. Repeated discipline from the same class may result in other disciplinary action.
D. Guidance and counseling: This service may be made available during any stage of a disciplinary action.
Confidentiality of the counseling/health service shall preclude any disciplinary action if deemed appropriate for the benefit of the student.
E. Other disciplinary actions:
1. Conferences:
a. Individual student.
b. Parent/student/teacher.
c. Parent/student/teacher/principal.
d. Student/teacher.
e. Parent/student/bus driver/principal.
f. Parent/student/bus driver/transportation director.
2. Parental shadowing allows the parent to attend classes with the student with special permission from the building administrator.
3. Written assignments.
4. Development of a behavior modification plan.
5. Fines (library, lost books, vandalism, etc.).
6. Bus suspension: Misconduct on a school bus may result in loss of the bus riding privilege. Actions by the student that directly threaten the safety of a student(s), and/or cumulative minor offenses will result in removal of the bus riding privilege. Any form of discipline which applies to classroom conduct may be applied to misconduct on a bus. Transportation of the student while under bus suspension will be the sole responsibility of the parent.
F. SUSPENSION (OUT OF SCHOOL)
Students may be disciplined and removed from the normal class setting for offenses of a serious or continuous nature or any of the behaviors set forth above.
Students will not be permitted to come to school for classes or activities, nor will they be permitted to participate in any extracurricular activities associated with the district while involved in other disciplinary or corrective actions.
Students may be suspended for a specific number of days, not to exceed a calendar year.
In accordance with state statutes regarding suspension, students suspended out-of-school shall be provided with a home-based work assignment plan, and/or the opportunity to complete ongoing assignments at home, and the opportunity to make up assignments missed as a result of their suspension.
G. INTERVENTION PROGRAM (IP)
Intervention Program (in-school placement) is a disciplinary/correctional measure that may be used by the school when deemed appropriate. It involves assignment to a school site and a specific Intervention Program designated by the school for a prescribed course of education as determined by the school. Before a principal recommends out-of-school suspension, the principal shall consider alternative in-school placements, including but not limited to, placement in the Intervention Program, reassignment to another classroom, placement in detention, or other available disciplinary or correctional options. Intervention Program placement, detention, and similar disciplinary options or correctional measures are not out-of-school suspensions.
H. ADULT LEARNERS
Adult Basic Education students who are enrolled in the Adult Basic Education Learning Center must follow the behavior contract approved by the State Department of Education for adult learners.
DISCIPLINE PROCEDURE STEPS:
Student Discipline Conference
A. When a student violates Board of Education policy, a school rule, or regulation, the principal or assistant principal will conduct an informal conference with the student. At the conference with the student, the principal or assistant principal will read the policy, rule or regulation which the student is charged with violating and will discuss the conduct of the student which violated the policy, rule or regulation.
B. The student will be asked whether he/she understands the policy, rule or regulation and be given a full opportunity to explain and discuss his/her conduct.
C. If it is concluded that an out-of-school suspension and/or Intervention Program placement is appropriate, the student will be advised of the length of the discipline.
D. The principal or assistant principal will immediately notify the parent/guardian by phone and in writing that the student is being suspended out of school or placed in the Intervention Program and other available options have been considered and rejected. Students will not be dismissed before the end of the school day without advance notice to the parent/guardian.
Immediate Suspension Without a Student Discipline Conference
A. A student may be suspended without the above student discipline conference with the student only in situations where the conduct of the student reasonably indicates to the principal that the continued presence of the student in the building will constitute a danger to the health or safety of other students, to school property, or a continued substantial disruption of the educational process.
B. In such cases, a student discipline conference with the student and the parent/guardian will be scheduled as soon as possible after the student has been removed from the building.
C. A student may lose bus riding privileges without a student discipline conference. An attempt to notify the parent/guardian will be made.
STUDENT PRIVILEGES WHILE UNDER EITHER OUT-OF-SCHOOL SUSPENSION OR INTERVENTION PROGRAM PLACEMENT
Participation in the extracurricular activities of the school is a privilege and not a right. Accordingly, when a student’s behavior results in an out-of-school suspension and/or Intervention Program placement, the student immediately, regardless of filing of any appeal, forfeits the privilege of participating in all extracurricular activities of the school throughout the disciplinary period. In the sole judgment of the principal, students may be allowed to practice and go through tryouts, but may not in any way represent the school in performances.
“Extracurricular activities” include, but are not limited to, all school-sponsored teams, clubs, organizations, events, ceremonies, student government, band, athletics and all other school-sponsored activities and organizations.
APPEAL PROCEDURES
The judicial extension of the 14th Amendment, Protection to Students in the Public School, emphasizes the need for school administrators to protect the procedural due process rights of students in discipline cases. The policy of the district must be consistent with the due process rights of students and must provide proper machinery for fair and consistent treatment of students.
FIRST LEVEL OF APPEAL:
Principal Conference:
A. A parent/guardian may initiate an appeal to the principal by requesting it within 24 hours (excluding weekends and holidays). The conference will be held during the regular school hours, Monday through Friday, with consideration given to the hours of working parents whenever possible.
B. At the conference, the principal will read the policy, rule, or regulation which the student is charged with violating and will briefly outline the conduct on the part of the student. The parent/guardian will be asked by the principal if he/she understands the rule and the charges against the student.
C. The principal will inform the parent/guardian whether he/she will uphold, modify or rescind the out-of-school suspension and/or Intervention Program placement. The Principal’s decision will be final and non-appealable for all appeals pertaining to out-of-school suspensions of 10 days or less and all Intervention Program placements. The parent/guardian will be advised of the opportunity to have out-of-school suspensions of 11 days or more reviewed by the Building-Level Review Committee.
SECOND LEVEL OF APPEAL:
Building-Level Review Committee
A. A parent/guardian may initiate a hearing by the Building-Level Review Committee by requesting that the building principal schedule such a hearing.
B. The Building-Level Review Committee will meet with the parent/guardian and student to review the discipline after the conference is held with the building principal.
C. The request must come within 24 hours (excluding weekends and holidays) after the principal conference. The hearing shall be held within 48 hours (excluding holidays and weekends) of the time the request is made, if at all possible.
D. The committee will be composed of the following members:
1. An administrator not involved in the discipline will conduct the hearing.
2. A teacher of the student’s choice.
3. A teacher appointed by the principal.
E. The appeals hearing is based on these questions:
1. Is the student guilty of the infraction?
2. Has the policy been applied in accordance with the student handbook?
F. The committee will decide one of the following:
1. To uphold the suspension.
2. To rescind the suspension.
3. To modify the suspension.
G. The committee will inform the parent/guardian of its decision and advise the parent/guardian of the opportunity to have the discipline reviewed by the Superintendent or designee.
THIRD LEVEL OF APPEAL:
Appeal to the Superintendent
A. An appeal may be requested by letter to the Superintendent.
B. If no appeal is received within 24 hours after the Building-Level Review Committee’s decision is received by the parent or student, the committee’s decision will be final.
C. The Superintendent or designee will hold a conference with the student and the parent/guardian as quickly as possible after receipt of an appeal. The conference will be held during regular school hours, Monday through Friday, with consideration given to the hours of working parents whenever possible.
D. At the conference, the Superintendent or designee will read the policy, rule, or regulation which the student is charged with violating and will briefly outline the conduct on the part of the student. The parent/guardian should be asked if the rule and the charges against the student are understood.
E. The Superintendent or designee will inform the parent/guardian whether he/she will uphold, rescind, or modify the suspension. The student and the parent/guardian will be advised of the opportunity to appeal the ruling to have out-of-school suspensions of 11 or more school days reviewed by the Board of Education.
FOURTH LEVEL OF APPEAL:
Appeal to the Board Of Education
A. An appeal for out-of-school suspensions of 11 or more school days may be requested by letter to the Superintendent or to the clerk of the Board. The Board of Education’s decision is final and non-appealable.
B. If no appeal is received within 24 hours after the Superintendent’s or designee’s decision is received by the parent/guardian or student, the decision will be final.
C. The Board of Education will hear the appeal as soon as possible. Reasonable efforts will be made to accommodate the work schedule of parents and members of the Board of Education.
D. The parent/guardian and student will be notified in writing of the date, time, and place of the hearing and will be provided a copy of this policy.
E. The parent/guardian and student will have the right to an open or closed hearing, at their option.
BOARD APPEAL PROCEDURE
A. The Board of Education president should:
1. Announce that the next agenda item is an out-of-school suspension and/or Intervention Program placement review hearing for the student, stating his/her name.
2. Ask whether the parent/student wish the hearing to be open to the public or in executive session. The offer of an open hearing and their response are to be made a part of the minutes of the meeting. If the parent/ student requests a closed hearing, a motion to go into executive session, per their request, should be made and voted on.
B. The Board of Education president should advise the parent/student:
1. That they are entitled to legal counsel, if they desire it.
2. That the administration will present witnesses first and that after each witness, the parents or their legal counsel will be given an opportunity to cross-examine.
3. That the parent/student will be given an opportunity to call any witnesses and present evidence, subject to cross-examination by an appropriate administrator or legal counsel.
4. The Board of Education will consider the evidence and documents and reach a decision which will be recorded by vote in open session.
5. The parent/student may ask any questions about the procedure.
C. Following the presentation of A and B, all administration witnesses and documents should be presented, subject to cross-examination.
D. Parent/student may call witnesses and present documents subject to cross-examination.
E. After each witness is presented, Board of Education members may ask the witness questions.
F. Administration’s closing statement.
G. Closing statement by parent/student.
H. Deliberate in private (if the hearing is not in executive session, the Board of Education may deliberate in executive session only with permission of the parent/student).
I. Return to open session and vote. After adopting a motion and making certain findings of facts, the Board of Education must make a motion to: (1) uphold discipline, (2) modify discipline (increase or decrease severity of discipline), or (3) rescind discipline.
ATTENDANCE AT SCHOOL PENDING APPEAL HEARING
Pending the outcome of the appeal process for an out-of-school suspension, the student will have the right to attend school in the Intervention Program under such restrictions as the principal deems necessary and proper, except that at the discretion of the principal, the student may be prohibited from attending school pending the appeal hearing if in the judgment of the principal:
A. The conduct for which the student was suspended reasonably indicates that continued attendance by the student, pending the appeal hearing, would be dangerous to other students or school property.
B. The conduct for which the student was suspended reasonably indicates that the continued attendance of the student at the school, pending the appeal hearing, would substantially interfere with the educational process at the school.
Pending the outcome of the appeal process, the student will attend the Intervention Program rather than the regular classroom.
RECORDS AND REPORTS
The principal will keep written records for two years containing the date of the conference, the names of the persons present, and the time duration of each discipline assigned.
Revised 6/10/96
Revised 11/11/96
Revised 6/9/97
Revised 12/14/98
Revised 12/13/99
Revised 1/8/01
Revised 6/11/01
Revised 1/14/02
Revised 7/8/02
Revised 12/10/07
Revised 11/10/08
Revised 12/12/11
Revised 12/8/14
Revised 12/14/15
Revised 12/11/17
Revised 12/10/18
Revised 12/9/19
Revised 12/13/21