2900 Attendance

Admission Washington County School District - Adopted 9-8-98; Revised 1-12-99; Revised 2-12-02; Revised 2-13-07; Revised 12-9-08; Revised 10-13-09; Revised 11-8-11; Revised 3-5-13

1.  Purpose & Philosophy:

The Washington County School Board wants to make every effort to be in compliance with state law and work together with Fifth District Juvenile Court to encourage the regular attendance of all Washington County students. It believes this to be in the best interest of the students and the community. The Board, together with Washington County Schools, is committed to work in harmony with parents and to assist them with their responsibility to have their children in attendance at school.

2.  Policy:

2.1. The "State Compulsory Education Requirements" (Utah Code, Section 53A-11-101) directs parents and schools as follows:

2.1.1.  A person having control of a minor who has reached the age of six years, but has not reached the age of eighteen years, shall send the minor to a public or regularly established private school during the school year of the District in which the minor resides.

2.1.2.  It is a misdemeanor for a person having control of a minor under subsection (1) to willfully fail to comply with the requirements of chapters 53A-11, part A.

2.1.3.  A local board of education shall report cases of willful noncompliance to the appropriate city, county, or district attorney.

2.2. The law allows parents of students enrolled in public schools to excuse their student from school, but only when the student is absent with a "valid excuse."  "Valid excuse" is defined by House Bill 207 (2007), Utah Code 53A-11 and Utah Administrative Rule R277-438 and 607 as: (a) an illness; (b) a family death; (c) an approved school activity; (d) an absence permitted by a school-age minor's individualized education program,  developed pursuant to the Individuals with Disabilities Education Improvement Act of 2004, as amended; or an accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act 1973, as amended; or (e) any other excuse established as valid by a local school board, local charter board.

Fifth District Juvenile Court has jurisdiction over all juveniles residing in Washington County. It is the expectation of the court that students within its jurisdiction will be in regular attendance at the school in which they are enrolled. The court is obligated to adjudicate truancy matters for those students who are habitually absent without allowable excuse. To accomplish this goal, the court requires that public school officials refer to court those students who are in violation of the compulsory education requirements. Prior to referral, the court expects parents and schools to demonstrate earnest and persistent effort to deter truant behavior. In order for the court to adjudicate truancy, the court requires that schools have attendance policies which enforce consequences for truant behavior and teach students that such behavior is illegal and unacceptable.

2.3. Evidence of reasons for granting an exception to 2.2. must be sufficient to satisfy the local board.

2.4. For purposes of Teachers Disclosures, Attendance Review Board, or Juvenile Court referrals, this policy assumes that any absences beyond five (5) per class period on a traditional school schedule or three (3) per class period on a block schedule in any given quarter are excessive whether excused, truant or unexcused.

2.5. Restitution shall accrue hour per hour under any schedule.

3. Procedure for Secondary Schools:

3.1. Definitions and explanations:

3.1.1. Tardy: A tardy is defined as reporting to class after the bell to start class has sounded.

3.1.1.1. Tardy rationale. Tardiness not only hinders a student's ability to profit from instruction at the beginning of class, but it interrupts the work of the other students who made the effort to be on time. In addition, tardy students may be in the hallways interrupting other classes and the efforts of other students/friends to be to class on time. Research is abundantly clear that punctual students perform better in school and at work.

3.1.1.2. Teachers will include individual classroom policies addressing seat-time in their disclosure statements.

3.1.1.3. Each school is required to establish a uniform tardy policy for their school.  Although not required, schools may choose to award one (1) attendance point for excessive tardy behavior.  Individual teachers are encouraged to develop academic incentives for promptness.  Other suggestions to schools, and teachers, for consideration, include bell-ringer activities, participation points, etc.  Schools are encouraged to share their plans throughout the district.

3.1.1.3.1. It is the teacher's responsibility to properly record tardiness on PowerSchool and to step out into the hall to encourage students to go to class on time.

3.1.1.3.2. It is the student's and parent's responsibility to monitor tardies on PowerSchool, through progress reports, and by communicating with the teacher.

3.1.1.3.3.  A tardy can be excused by a parent when an emergency situation results in a student arriving at school late.  A student may not be excused for tardiness between classes.

3.1.1.3.4.  The consequence for excessive tardiness may include any or all of the following:

1)  teacher/student meeting;

2) a teacher/student/parent meeting;

3) a student/parent/administrator meeting;

4) required restitution.

3.1.2. Absences. An absence is defined as any time a student is not in attendance in the classroom to which he or she has been assigned. Any type of absenteeism (other than an exempt absence) beyond five (5) per class period on a traditional school schedule or three (3) per class period on a block schedule in any given quarter will be considered excessive, and will result in required restitution.  In addition, any or all of the following actions may be taken:

1) a meeting with an administrator;

2) a referral to the Attendance Review Committee;  

3) a referral to Juvenile Court.

Students are responsible for the completion of any work missed due to absence, regardless of the reason for the absence (excused, unexcused, exempt, truant).

3.1.3. Incentive. Teachers are expected to acknowledge and reward appropriate behavior in the area of attendance.

3.1.4. There are four (4) categories of absences:

3.1.4.1. Excused absence. Any absence excused by a parent or legal guardian within the timeframe allowed by policy.  In order for an absence to be considered an excused absence, the school must be notified by the parent.  One (1) restitution point for students in schools on a traditional schedule and two (2) restitution points for students in a school on a block schedule will be recorded for every excused absence, unless the absence is for illness.  No restitution points will be awarded for absences excused by a parent for illness.  Please note: the law defines the reason for parents to excuse students as a "valid excuse." (see 2.2 above)

3.1.4.1.1.  Parental notification for an absence should be provided to the school prior to or on the same day as the absence.

3.1.4.1.2. Parents or doctors may verify student illness. No medical notes are required for excused absences due to illness, however such documentation may be required for extended absences due to illness in order to determine the need for homebound teacher and/or special consideration for chronic illness.

3.1.4.1.3. Excessive excused absences: Excused absences become excessive when the total of excused absences accrued during a quarter exceeds five (5) per class period for students in schools on a traditional schedule or three (3) per class period for students in schools on a block schedule.  What this means in terms of points is, up to six (6) points in any one class period per quarter are not considered excessive for a student in a school on the block schedule.  However, absences are considered excessive and initiate restitution once a student receives seven (7) or more points in any one class period per quarter.  For schools on a traditional schedule, up to five (5) points in any one class period per quarter is not considered excessive.  However, absences are considered excessive and initiate restitution once a student receives six (6) or more absences in any one class period per quarter. (see Consequences 3.2.3)

3.1.4.2. Unexcused absence.  An unexcused absence is any absence that is not excused in accordance with the definition for an excused absence.  One (1) restitution point for students in schools on a traditional schedule and two (2) restitution points for students in a school on a block schedule will be recorded for every unexcused absence.  (Appeal process is described in 3.6.)

3.1.4.2.1. Excessive unexcused absences. Unexcused absences become excessive when the total of excused absences accrued during a quarter exceeds five (5) per class period for students in schools on a traditional schedule or three (3) per class period for students in schools on a block schedule.  What this means in terms of points is, up to six (6) points in any one class period per quarter are not considered excessive for a student in a school on the block schedule.  However, absences are considered excessive and initiate restitution once a student receives seven (7) or more points in any one class period per quarter.  For schools on a traditional schedule, up to five (5) points in any one class period per quarter is not considered excessive.  However, absences are considered excessive and initiate restitution once a student receives six (6) or more absences in any one class period per quarter.

3.1.4.3. Exempt absence. Exempt absences that qualify under District policy do not earn restitution points and do not require restitution if the school receives the required notification.  Examples of exempt absences would include, but not be limited to the following:
(1) Educational travel (must be approved by school administration), 

(2) School-related activity, 

(3) Office excused (If a student is detained in the office by school administration), 

(4) Medical/Chronic Illness (Verification may be required if absence is excessive), 

(5) Homebound absence (Must qualify under this policy), 

(6) Court/Detention absences 

(7) Bereavement (If not excessive)  

(8) Absences when operating under an approved IEP or 504 accommodation plan.

 Exempt absence status will not be considered when calculating excessive absenteeism.

3.1.4.3.1. Educational travel. Travel with a significant educational purpose, such as visits to museums, historical sites, education centers, wildlife preserves, or cultural events, may be considered educational travel. Seniors making campus visits to colleges where they are considering enrollment would also qualify for educational travel. Students excused for "Educational Travel" will not be counted as absent and will not accrue attendance points if they obtain administrative approval by complying with the following requirements:

3.1.4.3.1.1. Satisfactory arrangements are made with school administration and teachers prior to the absence.

3.1.4.3.1.2. An Educational Travel form is filled out and signed by the student, parent, administrator, and each of the student's teachers.

3.1.4.3.1.3. Appropriate assignments related to the travel have been completed and turned in.

3.1.4.3.1.4. It is recommended to parents that educational travel not be used more than once in a school year.

3.1.4.3.2. School-related activity. Students excused with administrative approval to participate in a school-related activity will not be awarded restitution points. School administrators will make a conscientious effort to minimize the number of school-excused absences.

3.1.4.3.3. Homebound absence. Students excused for homebound absences will not be counted as absent. In order to qualify for homebound absence a student must meet all of the following criteria:

3.1.4.3.3.1. A student must be absent for health-related reasons for a period of five (5) or more consecutive days. (In the case of a student who is undergoing surgery or has been injured in an accident, qualification for homebound is immediate.)

3.1.4.3.3.2. The illness or accident may require verification by a medical doctor (MD). (Utah Code 53A-11-102(1)(a)(iii))

3.1.4.3.3.3. When recovery from illness or accident exceeds five (5) school days, a student is eligible to have school work collected for the parent/guardian to pick up or an alternative educational program may be developed.

3.1.4.3.4. Chronic illness. Chronic health problems may or may not interfere with attendance at school and learning in the classroom. It is extremely important that parents notify the school concerning health-related problems that their students may have. Chronic illness would include but not be limited to: diabetes, asthma, and severe allergies. If the chronic illness hinders a student's attendance, the parent is invited to meet with a school administrator to formulate an individual attendance plan that will meet the student's needs. It is the responsibility of the parent to schedule such a meeting and to provide verification of the illness from a medical doctor (MD).

3.1.4.3.5. Court or detention will be considered an exempt absence if student can demonstrate required participation.

3.1.4.3.6. Absences due to bereavement (funeral) for family members will be considered exempt absences as long as they do not exceed the limit for excessive absence.

3.1.4.4.  Truancy: When a student is absent from his/her assigned class, without parental or school knowledge and this absence does not meet the standard of an excused or exempt absence, that student is considered to be truant.

3.1.4.4.1.  Truancy in any class period will automatically accrue seven (7) attendance points in block schedule schools and six (6) attendance points in traditional schedule schools.  Truancy points will demand immediate restitution.  Once apropriate restitution (one hour per class period in schools with traditional schedules and two hours per class period in schools with block schedules) is completed, the attendance points for that class will be reduced to the number or points accrued prior to the truancy.

3.2.  Consequences.

3.2.1. Rationale: All absences impact instructional time, learning, and participation.

3.2.2. Point System. All absences will be assigned the following marks and accrue the following attendance points.  Tardiness may accumulate points at the discretion of the school:

T - Tardy	Determined by Individual School (May be 1 point)
E - Excused Absence	2 Points/Block schedule - 1 Point/Traditional schedule
X - Unescused Absence	2 Points
S - Truant	7 Points - All removed following required restitution
M - Medical/Chronic Illness	0 Points (Verification may be required if excessive)
F - Flu	0 Points (If reported appropriately by parent) Dr. note may be required
H - Homebound	0 Points - Verification of need required
V - Educational Travel	0 Points - Required approval of school administration
B - Bereavement	0 Points (If not excessive)
C - Court/Detention	0 Points
A - School Related Activity	0 Points
O - Office Excused	0 Points
R - Restitution (1 hour)	1 Attendance Point replaced

3.2.2.1. Excessive Excused Absences. Excessive excused absences are defined as absences totaling more than five (5) in any class period for students in schools on traditional schedules or more than three (3) in any class period for students in schools on a block schedule.  Whether excused or unexcused, absences have a negative impact on student learning.  Academic instructional time is critical to student learning. Once a student reaches an excessive number of absences in any class credit will be withheld, until restitution is completed.

3.2.2.2. Unexcused Absence. (See 3.1.4.2.) An unexcused absence is any absence that is not excused by the parent or guardian.  With regard to required restitution, an unexcused absence will count as one (1) point for a student in a school on a traditional schedule and two (2) points for a student in a school on a block schedule.

3.2.2.3.  Truant. (See 3.1.4.2.2.) A truant cannot be excused by a parent or guardian.  Truancy in any class period will automatically accrue seven (7) attendance points for a student in a school on the block schedule and six (6) attendance points for students in a school on a traditional schedule.  Truancy points will demand immediate restitution.  Once appropriate restitution (one hour per class period in schools with traditional schedules and two hours per class period in schools with block schedules) is completed, the attendance points for that class will be reduced to the number of points accrued prior to the truancy.

3.2.3. No Grades. Exceeding the allowable number of attendance points in any class period during the same quarter, will result in the withholding of the grade and the credit for that class period. A grade of NG (No Grade) for that class period will appear on the next report card. The grade and credit will be restored when restitution is complete. A grade withheld does not influence the Grade Point Average, however, if it is not restored, it will result in the loss of credit required for graduation. Two (2) No Grades will result in loss of eligibility for participation in extracurricular activities. Graduation credit lost due to this policy may require make-up classes (See 3.4.2.).

3.2.4. Resolving minor's school attendance problems: Efforts of the school, District, and/or Board, shall include, as reasonably feasible:

3.2.4.1 Counseling by school authorities.

3.2.4.2 A written request for parental support in securing regular attendance by the minor, delivered by certified mail, containing notice of the requirements of this section (53A-11-101 to 106) and stating that refusal to respond to the notice is a class B misdemeanor.

3.2.4.3 At least one meeting with the minor and the parents, i.e., the School Attendance Review Board.

3.2.4.4. Any necessary adjustment to the curriculum and schedule to meet special needs of the minor.

3.2.4.5 Monitoring school attendance of the minor for a period not to exceed 30 days.

3.2.4.6 In addition, the School Board and/or District may enlist the assistance of community and law enforcement agencies as appropriate and reasonably feasible.

3.2.4.7 If attendance problems are not resolved, the local Board and District shall refer to the Fifth District Juvenile court for habitual truancy.

3.3.  Parent Notification.

3.3.1. Parents will be notified by phone every time their student is absent without excuse or truant. Parents are responsible to provide the school with a current phone number.  Parents are encouraged to monitor their student's attendance from this notification on, and are invited to call the attendance secretary at the school as often as necessary to help them with this task.

3.3.2. Parents will be notified the first time their student earns an NG. It is the responsibility of the parent from that time on to contact the attendance secretary at the school for information regarding subsequently withheld grades and credit. This procedure will be repeated each term. Restitution for a grade withheld may begin immediately following notification. In fact, students are encouraged to complete restitution prior to the end of term in which the grade was withheld. Restitution classes cannot be attended in advance of notification of an NG.

3.3.3. A parent, teacher, or a school administrator may request a conference to discuss the attendance of a student whom they deem to have an excessive number of absences. The proposed conference would consider steps that might be taken to improve attendance. A request for such a conference would precede a referral to juvenile court for truancy.

3.4.  Restitution.

3.4.1. Restitution requirements. Attendance at "Restitution Classes" will be required in order to earn the release of grades and credit withheld. Restitution shall accrue hour for hour. There will be a charge of $5.00 for each one hour restitution session.  Restitution for missing one class period on the block schedule will require two hours of restitution at a cost of $10.00.  This charge will help to cover the cost of operating the restitution class.  When points in a class above the allowable six (6) for block schedule schools or five (5) for traditional schools have been removed, the academic grade will be restored and credit issued. (Revised 11-11-97; 6-10-03)

3.4.2. Time limit for restitution. As outlined in Section 3.3 of the parent notification section above, students are encouraged to complete restitution prior to the end of the term in which the grade was withheld.  However, students will have until the end of the term following the one in which a grade was withheld to complete the requirements for restitution.  No Grades may be restored after this period of time if the student receives approval from authorized school personnel.  The student will be required to follow a plan prepared by the school representative, a parent and the student.  The plan must satisfy the restitution requirement and ensure improved attendance.  If restitution is not completed in accordance with this policy, all No Grades (NG) will remain on the student record and credit for the term in that class will be lost. Significant loss of credit will prevent graduation. For extracurricular activities, two NG's will result in the loss of eligibility until restored.

3.4.3. Restitution classes. Restitution classes will be held in each school building. The classes will be conducted outside the regular school day and may be scheduled for Saturdays, summers, or night school. It is the responsibility of the student to check with the school regarding the schedule for restitution classes. Restitution classes will be conducted as study halls. Students will be required to engage in some academic pursuit. This will not be detention. Students who do not come with meaningful schoolwork will not be admitted. Students who are late will be turned away. Each secondary school will offer a maximum of 50 hours of restitution classes per quarter. Students will be required to enroll in restitution classes at the school where the points were acquired unless administrative arrangements are made by the involved principals.

3.5.  Appeal process.

3.5.1 Students who have an NG as a result of this policy and feel that there are extenuating circumstances which should be considered are invited to request, in writing, that the grade be restored. Requests explaining the circumstances should be signed by the student and the parent or guardian and delivered to an administrator or Attendance Review Committee for consideration. Such appeals should be made within the term immediately following the receipt of the No Grade (NG).  All appeals will be considered by the School Attendance Review Committee. The Washington County School Board will, also, participate in "due process." A student and his/her parent may appeal the decision of the Attendance Review Committee to the principal.  They may, also, appeal the principal's decision by requesting (in writing through the Superintendent) a special hearing before a District Student Services Panel.

3.6.  Dissemination.

3.6.1. This policy will be posted in a prominent place in each secondary school in the District. The policy will, also, be published in student registration materials; student, parent, and employee handbooks; and other appropriate school publications as directed by the Superintendent.

4.  Procedures for Elementary Schools.

4.1.  Definition: Educational Neglect. Educational neglect is defined as the willful failure or refusal of parents or caretakers to make a good faith effort to ensure that a child receives an appropriate education, after receiving notice that the child has been frequently absent from school without good cause. Examples would include a parent who consistently fails to get the child up on time, dressed, etc., so the child can get to school; a parent who keeps a child home to baby sit or provide the parent with company. The situation is defined as educational neglect only when the child's behavior is under the parent's control. This would usually involve a child under the age of 10. With older children, the situation might be more accurately defined as truancy. In such a case, the child might refuse to get up, get dressed, etc., despite the parent's efforts; or the child might leave the house presumably to go to school, and go somewhere else.

4.2.  In accordance with the "State Compulsory Education Requirements" (Utah Code, Section 53A-11-101), and to help provide elementary age students with the best opportunities for learning, the following policy will apply at elementary schools within Washington County School District.

4.3.  In order to ensure that a specific procedure is followed, a checklist that clearly describes each step in the process will be used for each instance of excessive absence. (See attachment 1.) The agenda described in the checklist is designed to help the school staff work with parents in providing a meaningful and consistent academic program for the child. The checklist should also be used to document earnest and persistent effort on the part of the school to provide a meaningful educational program.

4.3.1. Elementary school principals are encouraged to work closely with parents in allowing for students to participate in family activities that may require short absences from school. Such options as educational leave may be appropriate and should be considered in such circumstances.

4.3.2. Attendance points:

Absences	1 Day = 2 Points
	1/2 Day = 1 Point
Tardies	1 Tardy = 1 Point

 

4.4.  When a student has accumulated ten (10) attendance points during the school year, the school will contact parents by telephone, mail, or in person. (See attachment 2)

4.5.  When a student has accumulated twenty (20) attendance points during the school year, the school will contact the parents to set up a meeting. A letter will be sent to arrange and confirm the meeting time and place. (See attachment 3) School representatives should find what the explanation is for the lack of the attendance. The person(s) having this conversation must make notes or otherwise document specifically what the parent(s) said. Any or all of the following steps may be taken at the meeting.

4.5.1. Discuss the reason for excessive absences and/or tardies.

4.5.2. Discuss make-up work.

4.5.3. Request doctor's verification with specific dates for absences and/or tardies due to illness.

4.5.4. Develop a contract with parents and student.

If prior arrangements for the educational needs of the student were made and/or the absences and/or tardies were determined, by the principal, to be reasonable, a meeting and follow-up letter may not be necessary at this time.

4.6.  If the parent does not attend the meeting, or if the results from the meeting with the parents do not resolve the problem and the student accumulates thirty (30) total attendance points, a certified letter will be sent home. The certified letter must: (1) describe the problem, (2) describe necessary corrective action, (3) explain truancy mediation options, and (4) inform the parent(s) that if the situation is not corrected a referral will be submitted to the juvenile court for truancy and/or educational neglect.  (See attachment 4)  A copy of this letter, along with a copy of the completed checklist, will be forwarded to the Assistant Superintendent for Elementary Education.  If a student accumulates forty (40) attendance points, in compliance with Utah Code, Section 53A-11-101, the school will send a referral to the Assistant Superintendent for Elementary Education, which will then be forwarded to the Washington County Attorney's office for truancy or educational neglect.  Officers of the juvenile court will immediately take appropriate action.

5.  Procedures for Intermediate Schools.

5.1.  Rationale: In order to establish a transition from the elementary procedures (sec. 4) to the secondary consequences (sec. 3.2) that fit the unique needs of Intermediate School students. This will prepare students for the secondary policy that requires restitution that effects earned credits in High School.

5.2. In accordance with the "State Compulsory Education Requirements" (Utah Code, Section 53A-11-101) and to help provide intermediate age students with the best opportunities for learning, the following policy will apply at intermediate schools within Washington County School District.

5.3. In order to ensure that a specific procedure is followed, a checklist that clearly describes each step in the process will be used for each instance of excessive absence. The agenda described in the checklist is designed to help the school staff work with parents in providing a meaningful and consistent academic program for the child. The checklist should also be used to document earnest and persistent effort on the part of the school to provide a meaningful educational program.

5.3.1. The point system established for the secondary schools will apply to intermediate schools.

5.4. When a student has accumulated four (4) attendance points during the quarter, the school will contact parents by telephone, mail, or in person.

5.5. When a student has accumulated six (6) attendance points during the quarter, the school will conduct a phone conversation, face-to-face conference, or home visit with the parents. The person having this conversation must document it in PowerSchool.

5.6. When a student has accumulated ten (10) attendance points during the quarter the school will:

5.6.1. Discuss the reason for excessive absences and/or tardies.

5.6.2. Discuss make-up work.

5.6.3. Request doctor's verification with specific dates for absences due to illness.

5.6.4. Develop a contract with parents and student. Contract may include consequences such as: work hours, court mediation, youth court, or referral to DCSF.

5.7. If the parent does not attend the meeting, or if the results from the meeting with the parents do not resolve the problem and the student does not meet the requirements of the contract then a referral will be made to juvenile court for truancy or educational neglect.

5.8. Truancy. A truancy will result in two hours of restitution for every class missed. Students will be responsible to make up work missed. Restitution will be completed during the lunch hour, and they will be charged $5 for each truancy.

Attachment 1: School Attendance/Educational Neglect Checklist

Attachment 2: Attendance Letter 1 (10 Points)

Attachment 3: Attendance Letter 2 (20 Points)

Attachment 4: Attendance Letter 3 (30 Points)

2110 Safe Schools Policy

Student Discipline Washington County School District (Revised 10-12-99;4-17-01; 08/08/08; 05-14-13)

1. Purpose:

The Board of Education of the Washington County School District recognizes that every student in the schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. To foster such an environment the following policy has been adopted and is based on the following principles:

2. Policy:

2.1. Each student is expected to follow accepted rules of conduct;

2.2. Each student is expected to show respect for other people and obey persons in authority at the school;

2.3. The policy applies to students while in the classroom, on school grounds, on school vehicles, and in school-related activities or events.

2.4. For mandatory School Reporting of Drug Use - refer to expulsion and attendance in Utah State Code referenced above.

3. Procedure:

3.1. Definitions:

3.1.1. Suspension is not to be understood as the deprivation of a right to learning, but as the temporary denial of social interaction through school contact and the removal of the person from the classroom setting because of real and present disruptive effect of his/her presence, or a reasonable assumption that his/her presence will be disruptive or a threat to the well-being or safety of himself/herself and or other students or staff. Suspension may carry with it conditions which must be met to remove the suspension. Such conditions may be a joint responsibility of school personnel, the student and parents, or the sole responsibility of any one party. Suspension is for no more than 10 school days per incident. 

3.1.2. Expulsion is defined as the removal from school and the cessation of educational services provided by the Washington County School District for any period longer than 10 consecutive days but not more than 1 school year.

3.1.3. Temporary disciplinary transfer means a student is temporarily removed from the regular school setting by the school administration to an alternative educational setting because of a violation of the safe school policy, section 3.2.

3.1.3.1. The alternative educational setting should afford the student the opportunity to receive instruction and, where applicable, receive credit for course work in core academic areas.  The alternative setting is not intended to replicate the student's current school placement.

3.1.3.2. The parent is responsible for transportation to the alternative educational setting and is responsible for any fees associated with the program, unless such fees have been waived.

3.1.3.3. For students with disabilities the procedures for change of placement under the Individuals with Disabilities Education Act (IDEA) apply.

3.1.3.4. A "Gang" as defined in this policy means any organization, association, or group of three or more which have a unique name or identifiable signs, symbols, or marks, and whose members individually or collectively engage in criminal or violent behavior to persons or property, or who create an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of a school.

3.2. Grounds for Suspension, Transfer to Alternative Educational Setting and Expulsion:

3.2.1. A student may be suspended or expelled from school for any of the following reasons: 

3.2.1.1. Frequent or flagrant willful disobedience, defiance of proper authority or \disruptive behavior; including the use of foul, profane, vulgar, or abusive language. 

3.2.1.2. Willful destruction or defacing of school property;

3.2.1.3. Behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school, including bullying, emotional, physical or sexual harassment (see policy 1425 on sexual harassment); (10-12-99)

3.2.1.4. Possession or use of pornographic material on school property.  (H.B. 100- 4-30-07)

3.2.1.5. Possession, control, or use of an alcoholic beverage as defined in Section 32A-1-105 of the Utah Code;

3.2.1.6. Possession, control, or use of tobacco;

3.2.1.7. Behavior described in Section 3.2.2 which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with any such person, regardless of where it occurs.

3.2.1.8. Because of identification and association with gangs, the following will not be permitted on school campuses or at school activities: bandannas or any article of clothing bearing gang symbols, names, initials, insignia, or anything else that signals gang affiliation.

3.2.1.9. When a school official determines that time is needed to establish further facts of an act or series of acts of disobedience and misconduct disruptive to the learning process which may lead to suspension or expulsion from school.

3.2.1.10. Students are prohibited from engaging in any form of gang activity on or about school property or at any school activity, including the wearing, possessing, using, distributing, displaying, or selling of any gang attire, symbols, signs or other things which are evidence of membership in, or affiliation with recruitment, or desire to be affiliated with, any gang.

3.2.2. A student shall be suspended or expelled from school for any of the following reasons:

3.2.2.1. Any serious violation affecting another student or staff member, or any serious violation occurring during school hours, including lunch/break time, in a school building, in or on school property, or in conjunction with any school activity, including:

3.2.2.1.1. Possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;

3.2.2.1.2. The actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities;

3.2.2.1.3. The sale, control, or distribution of a drug or controlled substance as defined in Section 58-37-2;

3.2.2.1.4. The sale, control, or distribution of an imitation controlled substance as defined in Section 58-37b-2;

3.2.2.1.5. The sale, control, or distribution of drug paraphernalia as defined in Section 58-37a-3.

3.2.2.2. The commission of an act involving the use of force or threatened force which if committed by an adult would be a felony or class A misdemeanor.

3.2.2.3. A student who commits a violation of section 3.2.2 above involving a real or look alike, weapon, explosive, or flammable material shall be expelled from school for a period of not less than one year, subject to the following:

3.2.2.3.1. Within 45 days after the expulsion, the student shall appear before the student's local school board superintendent or the superintendent's designee, accompanied by a parent or legal guardian; and

3.2.2.3.2. The superintendent shall determine:

3.2.2.3.2.1. What conditions must be met by the student and the student's parent for the student to return to school;

3.2.2.3.2.2. If the student should be placed on probation in a regular or alternative school setting consistent with Section 53A-11-907, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school the student is placed in; and

3.2.2.3.2.3. If it would be in the best interest of both the school district and the student to modify expulsion term to less than a year, conditioned on approval by the local school board and giving highest priority to providing a safe school environment for all students.

3.2.2.4. A student may be denied admission to school on the basis of having been expelled from that or any other school during the preceding 12 months. A suspension or expulsion under this policy is not subject to the age limitations under Subsection 53A-11-102(1).

3.3. Suspension Procedures:

3.3.1. Authority is delegated from the Washington County School District Board of Education to school principals and assistant principals to suspend students for up to 10 school days. When a student is suspended he/she will be told verbally or in writing the reasons for suspension the period of time for which the student is suspended and be given an opportunity to present his/her case to the principal or his/her designate except in an extreme case where the danger to the individual or others is such that immediate removal from school is imperative. 

3.3.2. If it is determined by the principal or assistant principal that a suspended student must immediately leave the school building and the school grounds, the principal or assistant principal shall determine the best way to transfer custody of the student to the parent or guardian or other person authorized by the parent or applicable law to accept custody of the student.

3.3.3. If there is reasonable validity to the student's explanation and his/her presence in school will not be disruptive or injurious to himself/herself and others, he/she will be allowed to remain in school until a more thorough investigation regarding the facts in the case can be made at which time a decision will be made regarding whether to suspend or not to suspend the student. In any circumstances where suspension is made, the parents or legal guardian must be notified as soon as possible, but not later than 24 hours by telephone or mail of the suspension and asked to discuss the matter with the appropriate school official. At this conference, the reasons for the suspension will be discussed along with the conditions upon which the matters might be resolved and the student returned to school.

3.3.4. If a satisfactory resolution cannot be reached, the student may be suspended from school a maximum of 10 days. If a satisfactory resolution cannot be reached and the student returned to school within the 10-day period, the student may be subject to a temporary disciplinary transfer or a recommendation made that the student be expelled from school.

3.4. Expulsion Procedures:

3.4.1. Authority is delegated from the Washington County School District Board of Education to the Superintendent or his/her designee to expel students from school for any period of time beyond the 10-day suspension period, but not more than one school year. Recommendations for expulsions are to be submitted by the principal to the Superintendent. If the principal recommends expulsion, he/she shall contact the student and his/her parent(s) or guardian(s) within 24 hours of the time of the recommendation by telephone or certified mail. (If contacted by phone the principal will follow the contact with a written notice.) Such notice shall include:

3.4.1.1. A statement that the principal is recommending expulsion; 

3.4.1.2. The length of time for which the expulsion is being recommended;

3.4.1.3. A description of the school regulation(s) allegedly violated by the student;

3.4.1.4. A statement of the facts as known to the principal leading to the recommendation for expulsion;

3.4.1.5. The time and place of the expulsion hearing;

3.4.1.6. A copy of this policy.

3.5. The Expulsion Hearing:

3.5.1. The hearing shall be conducted before an impartial tribunal consisting of the Superintendent of Schools or his/her authorized representative and two other professional staff persons, not complaining parties, to the action against the student. In expulsion proceedings, findings of fact and penalties shall be determined by a majority vote of the hearing panel. 

3.5.2. All persons presenting information shall appear in person at the hearing. Each of the complaining parties will have the opportunity to present its views on the situation to the hearing panel.  The school administration and the parent may present witnesses, although witnesses cannot be compelled to attend.

3.5.2.1. The parent may be accompanied by legal counsel if the tribunal will be accompanied by legal counsel.

3.5.3. The tribunal reserves the right to contact persons or otherwise obtain facts that will assist them in reaching an informed decision.

3.5.4. The decision of the tribunal will be sent in writing via registered mail to each of the complaining parties within 24 hours of the decision. The decision shall contain notice of the right of either party to appeal the decision to the Board of Education.

3.5.5. Results of all expulsion hearings shall be reviewed by the Superintendent or his/her designee, and the conclusions reported to the Board of Education at least once each year.

3.6. Appeal of Expulsion to the Board of Education:

3.6.1. The student or principal may request an appeal hearing before the School Board, or a committee consisting of at a majority of the voting members of the school board. Requests for an appeal hearing to the Board of Education shall be made in writing to the Superintendent and must be received within seven (7) days upon receiving the written decision of the hearing panel. This appeal hearing shall be held within one week, if possible, of the date such a request is received, or as soon thereafter as can be scheduled. 

3.6.2. The Board or committee thereof conducting the appeal hearing, shall determine specifically if there was sufficient evidence to find that the alleged violation(s) occurred and if the penalty imposed was appropriate for the violation(s). At the appeal hearing:

3.6.2.1. The Board or committee shall review all written documents in the case; 

3.6.2.2. Each of the complaining parties may address the Board or committee on the evidence and the appropriateness of the decision of the hearing panel.

3.6.3. The decision of the tribunal shall be in effect upon the student pending the decision of the appeal to the Board or committee. The decision of the Board or committee shall be forwarded via registered mail to each of the complaining parties within 24 hours of the decision.

3.7. Alternatives to Suspension or Expulsion:

3.7.1. Prior to suspending or expelling a student for repeated acts of willful disobedience, defiance of authority, or disruptive behavior which are not of such a violent or extreme nature that immediate removal is required, good faith efforts shall be made to implement a remedial discipline plan that would allow the student to remain in school. These may include an in-school suspension program, or a plan where the parent or guardian, with the consent of the student's teacher or teachers, would attend class with the student for a period of time specified by the principal or assistant-principal. 

3.7.2. If the parent or guardian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the conduct and this policy.

3.7.3. The parent or guardian of a suspended student and the principal or assistant-principal may enlist the cooperation of the Division of Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student's suspension. (See Utah Code, Title 53A-11-903 and 53A-11-103(2).)

3.8. Education of Excluded Students:

3.8.1. If a student is expelled from school without educational services for more than 10 days, the parent or guardian is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of expulsion. The parent or guardian shall work with the principal or assistant-principal to determine how that responsibility might best be met through private education or other alternatives which will reasonably meet the educational needs of the student. Costs for educational services which are not provided by the school district are the responsibility of the student's parent or guardian. 

3.8.2. Any student temporarily suspended from regular classroom instruction shall be allowed full opportunity to make-up work missed as a result of the suspension. It is the responsibility of the student to contact his/her teacher(s) to obtain missed assignments, tests, etc.. The principal or assistant principal shall inform the student as to the procedures for contacting the teacher(s) to obtain work during the period of suspension.

3.8.3. The parent or guardian and the principal or assistant-principal may enlist the cooperation of the Division of Family Services, the juvenile court, or other appropriate state agencies to meet the student's educational needs.

3.8.4. The school shall contact the parent or guardian of each expelled student under the age of 16 at least once a month to determine the student's progress.

3.8.5. Application of Policy to Students With Disabilities:

3.8.6. The District shall maintain a record of all suspended and expelled students and a notation of the suspension or expulsion shall be attached to the individual student transcript and may be removed at the end of the suspension or/expulsion period.

The policy applies to student with disabilities to the extent permissible under applicable law or regulation. If application of any requirement of this policy to a student with a disability is not permissible under applicable law or regulation, the principal or assistant-principal shall implement other actions consistent with the conflicting law or regulation which shall most closely correspond to the requirements of this policy.

3.9. Temporary Disciplinary Transfer Procedure:

3.9.1. The parent must be notified in writing within 10 days of the administrative decision to transfer the student to an alternative educational setting as a result of a violation of Section 3.2. The notice shall include:

3.9.1.1. The reason for the transfer to an alternative setting.

3.9.1.2. The length of stay in the alternative educational setting.

3.9.1.3. Any conditions that would afford the student the opportunity for an early return to school.

3.9.1.4. Information on how to check-out of the current school, including information about turning-in work the student may have completed.

3.9.1.5. Information on how to enroll in the alternative educational setting, and

3.9.1.6. The opportunity to request an informal hearing on the matter.  A written request for a hearing must be submitted by the parent to the school principal within 10 days of the receipt of the notice.

3.9.1.7. A copy of the letter is forward to the Superintendent (or designee).

3.10. Procedures for an Informal Hearing

3.10.1. The informal hearing must be conducted within 10 days of receiving the written request, unless the school calendar requires more time, or if either the parent or hearing officer is unable to meet the deadline.

3.10.2. The hearing officer can be one person or a panel of up to 5 people approved by the school principal as being able to objectively review the situation.  This does not imply that the hearing officer or panel members are uninformed of the situation.

3.10.3.  The parent shall receive written notice of:

3.10.3.1. The date, time, and place of the hearing.

3.10.3.2. A brief outline of the circumstances that led the school administration's decision to transfer the student to an alternative educational setting, including names of witnesses (e.g., school staff, or law enforcement officers) unless the school principal deems that releasing the names of witnesses may lead to physical or emotional harm.

3.10.3.3. The opportunity to present witnesses, although witnesses cannot be compelled to attend.

3.10.3.4. The opportunity to be accompanied by legal counsel if the hearing officer and/or panel will be accompanied by legal counsel.

3.10.3.5. A copy of the Safe School Policy.

3.11. The written decision of the hearing officer or panel shall be made available to the parent within 10 days.  The decision will include notice of the opportunity to appeal the hearing decision to the Superintendent (or designee).  (The parent must exhaust all administrative remedies and cooperate and participate in the administrative process prior to appealing the decision to a court of law.)

3.12. An appeal hearing before the Superintendent (or designee) must be requested in writing within 10 days of receipt of the hearing decision.  An appeal hearing must be conducted within 10 days of receiving the written request, unless the school calendar requires more time, or if either the parent or hearing officer is unable to meet the deadline.  The Superintendent (or designee) may select a panel of up to 5 people approved by the Superintendent as being able to objectively review the situation.  This does not imply that the panel members are uninformed of the situation.

3.12.1. The parent shall receive written notice of the appeal hearing which includes:

3.12.2. The date, time, and place of the appeal hearing.

3.12.3. The opportunity to present witnesses, although witnesses cannot be compelled to attend.

3.12.4. The opportunity to be accompanied by legal counsel if the appeal hearing officer and/or panel will be accompanied by legal counsel.

3.12.5. A copy of the Safe School Policy.

3.13. The Superintendent (or designee) shall obtain a copy of the record used at the hearing which may be reviewed at the appeal.

3.14. The decision of the appeal hearing shall be made available to the parent in writing within 10 days of the decision.

3.15. The student remains in the alternative educational setting pending the decision of the informal hearing or appeal.

3.16. Distribution of Policy:

A copy of the grounds for suspension and expulsion from this policy shall be provided to each student upon enrollment in a school in the Washington County School District. A copy of the grounds for suspension and expulsion from this policy shall be posted in a prominent location in each school. Any significant changes shall be distributed to the student in the school and posted in the school in a prominent location. (Approved 6-13-95)

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