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DISCIPLINE OF HABITUALLY DISRUPTIVE STUDENTS - REGULATION

Policy Number: 
Board File: JKC-R

Definitions:

  1. “Habitually Disruptive Student” - A student who has been suspended for reasons stated in Policy JKD/JKE (Student Suspension, Expulsion and Classroom Removal), paragraphs 1 (willful disobedience), 4 (willful destruction or defacing school property), 5 (behavior which is detrimental), 7 (serious violation), 8 (weapons), 9 (drugs and alcohol) or 10 (robbery, or first or second degree assault), three times for a material and substantial disruption in any one school year or calendar year while at school or on school grounds, at a school-sanctioned activity or event, or while being transported in a school-approved vehicle.
     
  2. “Disruptive Behavior” - Behavior initiated by the student which is willful and overt.

Reporting Requirements:

  1. All incidents of disruptive behavior by a student occurring while at school or on school grounds, at a school-sanctioned activity or event, or while being transported in a school-approved vehicle, shall be reported in writing to the school principal or designee.
     
  2. The principal or designee shall confer with the staff member reporting an incident of disruptive behavior, and, if determined necessary, may contact the student’s parents, guardian, or legal custodian to discuss the incident. If the child is suspended for a material and substantial disruption, the student and the parent, guardian, or legal custodian shall be notified in writing of each suspension counted toward declaring the student habitually disruptive pursuant to this policy.
     
  3. The principal or designee shall prepare a brief written summary of the incident. The student and his or her parents, guardian, or legal custodian shall be given a copy of the summary and shall be informed that the continuation of such behavior may result in disciplinary action, including suspension or expulsion pursuant to the terms of this regulation. The student may submit a written response to the incident report within the next five school days which shall be attached to the written summary. The summary and any written response shall be placed in the student’s cumulative file.

Remedial Discipline Plans:

  1. A remedial discipline plan shall be developed for the student after his or her second suspension in any one school year for a material and substantial disruption, as defined above. The remedial discipline plan shall be developed by the principal or designee, with the assistance of the student’s teacher(s) and any other school personnel involved, as well as the student and his or her parents, guardian, or legal custodian.
     
  2. If deemed necessary or desirable by the principal or designee, a remedial discipline plan may be developed for the student after his or her first suspension in any one school year for a material and substantial disruption, as defined above.
     
  3. The purpose of meeting with a student’s teacher(s) and other school personnel, and with the student and his or her parents, guardian, or legal custodian in developing a remedial discipline plan, shall be to address the student’s disruptive behavior, his or her educational needs, and the goal of keeping the child in school. The meeting is also intended to establish goals, objectives, and time lines for modifying the behavior which shall be incorporated into the remedial discipline plan. The plan also shall inform the student of the consequences, including suspension and/or expulsion, should he or she continue to engage in disruptive behavior.
     
  4. If the student, parent, guardian, or legal custodian fails to attend the meeting to establish the remedial discipline plan after reasonable attempts have been made to schedule the meeting, the principal or designee may conduct the meeting and develop a remedial discipline plan for the student with those persons in attendance.
     
  5. The remedial discipline plan is intended to be written in the form of a contract and signed by the student and his or her parents, guardian, or legal custodian.
     
  6. The student and his or her parents, guardian, or legal custodian shall be provided a copy of the remedial discipline plan and a copy shall be placed in the student’s cumulative file.

Discipline of Habitually Disruptive Students:

  1. The principal or designee shall declare a student to be a habitually disruptive student, and shall inform the student and his or her parents, guardian, or legal custodian of such, in writing, once the student has been suspended three times during a single school year or calendar year for a material and substantial disruption.
     
  2. Upon determining a student’s status as a habitually disruptive student, the school principal or designee may suspend and/or initiate proceedings for expulsion in accordance with District Policy JKD/JKE, Student Suspension, Expulsion and Classroom Removal.
     
  3. The student and parent, legal guardian, or legal custodian shall have been notified in writing and by telephone or other means at the home or the place of employment of the parent or legal guardian of the definition of “habitually disruptive student” and the resulting disciplinary action of suspension and/or expulsion of such students prior to disciplinary action.
     
  4. Nothing in this policy shall preclude the principal or designee from otherwise imposing disciplinary action, including suspension or the commencement of expulsion proceedings, at any time against a student for disruptive behavior.

Students with Disabilities:

Discipline of students with disabilities who are habitually disruptive shall be subject to the special considerations and procedures specified in Regulation JKD/JKE-R.
 

Approved: October 5, 1993
Revised: August 20, 1996
Revised: May 16, 2000
Revised: August 1, 2000
Revised: October 15, 2002
Revised: June 3, 2003
Revised: June 21, 2005
Revised: November 3, 2009
 

LEGAL REFS.:
C.R.S. 22-14-101 Habitually disruptive no longer mandatory expulsion