STUDENT BEHAVIOR STANDARDS
A major component of the educational program at Concord is to prepare students to become responsible workers and citizens by learning how to conduct themselves properly and in accordance with established standards. In an effort to protect the fundamental rights of teachers to teach and students to learn, Concord has established strict guidelines and expectations for student behavior and is committed to holding students accountable for their actions. Accountability is certainly enhanced when parents and school officials can work together cooperatively. School officials will make every effort to utilize fairness and consistency when determining appropriate consequences for students who violate established standards of behavior. (po5600, po5500)
Each student shall be expected to:
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abide by Federal, State, and local laws as well as the rules of the school;
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respect the rights of others;
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act courteously toward adults and fellow students;
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be prompt to school and attentive in class;
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work cooperatively with others when involved in accomplishing a common goal regardless of the other’s ability, gender, race, or ethnic background;
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complete assigned tasks on time and as directed;
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help maintain a school environment that is safe, friendly, and productive;
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comply with appropriate requests by any staff member;
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follow classroom rules established by any teacher.
BEHAVIOR EXPECTATIONS: PHILOSOPHY AND ROLES
Philosophy
As members of this school community, students, parents and school staff all share in the responsibility of creating a positive learning environment. Additionally, a school’s discipline policy should be administered in a manner which is fair and which acknowledges the dignity and worth of each individual.
Each student is a unique individual with unique personal, social, and educational needs. As a result, every disciplinary situation becomes unique in nature. Consequences for misbehavior provide the best learning value when matched to the unique student and unique situation. The odds for children learning from their mistakes increase dramatically when children see a reasonable connection between their behavior and the resulting consequence.
Concord schools are committed to following a set of core beliefs which provides a guide for dealing with student discipline. The core beliefs guide our attempts to individualize disciplinary procedures and to help students see reasonable connections between their behavior and the resulting consequence.
When working with students, disciplining students, or making a professional judgment for students, our goal is for them to learn that:
• Every attempt will be made to maintain the dignity and self-respect of both the students and the teachers.
• Students will be guided and expected to solve problems without creating problems for anyone else.
• Students will be given the opportunities to make decisions and live with the consequences, be it good or bad. • Misbehavior will be handled with natural or logical consequences whenever possible.
• Students are expected to follow guidelines set forth by the school.
Teachers and other school staff members have the right to take action as necessary to mitigate or prevent conduct of students that interferes with the educational program of the school or threatens the health and safety of others (po5600).
ROLES AND RESPONSIBILITIES
Administrator
The school administrator is given the responsibility and authority to formulate building rules and regulations necessary to enforce this policy, subject to final School Board approval. The administrator shall give direction and support to all school personnel performing their duties within the framework of this policy. The administrator shall consult with parents of students conducting themselves in a manner contrary to the policy.
The administrator shall also involve other professional employees in the disposition of behavior referrals and shall make use of those agencies appropriate for assisting students and parents.
Teachers
All teachers shall be responsible for providing a well-planned teaching/learning environment and shall have primary responsibility for student conduct, with appropriate assistance from the administration.
Other District Personnel
All school district personnel shall be responsible for contributing to the atmosphere of mutual respect and enforcing the school district and building policies. Their responsibilities related to student behavior shall be as authorized and directed by the principal or direct supervisor.
Students
All students shall be held individually responsible for their behavior and for knowing and obeying the district and building discipline policies.
Parent & Guardian Responsibilities
Concord Community Schools rely on community partnerships, especially with parents and guardians. Parent awareness and support of these behavior expectations are necessary in establishing and maintaining a safe environment for learning. Concord Community Schools asks for Parent and Guardian cooperation for the behavior of their children as determined by the Board policy for the educational goals of all students (po2131).
Community Members
Members of the community are expected to contribute to the establishment by facilitating the development of the potential of each student (po2110).
The school administrator or designee may use a leveled response when addressing student behavior as they deem appropriate (see Leveled Response Examples: Quick Guide below)
Leveled Response Examples (LINK TO LARGER VERSION)
MANDATORY DRUG-FREE SCHOOL
In accordance with Federal law, the School Board prohibits the use, possession, concealment, or distribution of drugs by students on school grounds, in school or school-approved vehicles, or at any school-related event. Drugs include any alcoholic beverage, anabolic steroid, dangerous controlled substance as defined by State statute or substance that could be considered a "look-a-like" controlled substance. Compliance with this policy is mandatory for all students. Any student who violates this policy will be subject to disciplinary action, in accordance with due process and as specified in the student handbook, up to and including expulsion from school. When required by State law, the Corporation will also notify law enforcement officials.
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Students should be aware that possessing, using, transmitting or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, THC, alcoholic beverage, stimulant, depressant, intoxicant of any kind, inhalant, or any substance represented to be any of the listed substances will result in disciplinary action up to and including expulsion. This may be on school grounds during, immediately before and after school hours, or on school grounds during any time the school is used by a school group, or off school grounds at a school function.
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Disciplinary action up to and including expulsion will be imposed for students who engage in the unlawful selling of narcotics, over-the-counter drugs, any substance represented to be any of the listed substances in Section A or other violators of criminal law which constitute a danger to other students, or constitutes an interference with school purpose or an educational function.
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Possession of drug paraphernalia such as pipes, rolling papers, clips, and other devices (vape cartridges, pens, and batteries) is strictly forbidden. Failure to comply with this written rule will result in disciplinary action up to and including expulsion from school.
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Students are forbidden to possess or use prescription medication in violation of school rules or applicable law. Failure to comply will result in disciplinary action up to and including expulsion. A student will be expelled for the transmission of prescription drugs or possessions/use of prescription drugs belonging to another person.
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Students are forbidden to possess, use (see #6, below), or transmit any over-the-counter medications including, but not limited to, aspirin, vitamins, cold medicine, powder or liquid supplements, minerals, any pain reliever pills, diet aids, stimulants, caffeine, and sleep aids. Failure to comply with this written rule will result in disciplinary action up to and including expulsion from school.
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Students are required to check in all authorized medical prescriptions at the nurse’s office; including over-the-counter medications. All medications including pain relievers, vitamins, powder or liquid supplements must be administered through the school nurse’s office.
ASSESSMENT, DRUG TESTING, COUNSELING AND WAIVER OF DUE PROCESS RIGHTS MAY BE REQUIRED FOR READMITTANCE PRIOR TO THE EXPIRATION OF THE ORIGINAL EXPULSION TERM.
CARE OF PROPERTY
Students are responsible for the care of their own personal property. The school will not be responsible for personal property. Valuables such as jewelry, irreplaceable items, or electronics should not be brought to school. The school may confiscate such items and return them to the student’s parents. Damage to or loss of school equipment and facilities wastes taxpayers’ money and undermines the school program. Therefore, if a student does damage to or loses school property, the student or his/her parents will be required to pay for replacement or damage. If the damage or loss was intentional, the student will also be subject to discipline according to the student behavior standards.
DRESS CODE
Concord Community Schools recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference. Concord Community Schools will not interfere with the right of students and their parents to make decisions regarding their appearance, except when their choices interfere with the educational program of the School Corporation. These guidelines are intended to promote discipline, maintain order, secure the safety of students, and provide a healthy environment conducive to academic purposes. Such guidelines shall prohibit student dress or grooming practices which:
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Present a risk to the health or safety of the student or to others in the school
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Interfere with school business or disrupt the educational environment
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Cause excessive wear or damage to Corporation property
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Prevent the student, or others, from achieving his/her own educational objectives because of blocked vision or restricted movement.
School administration reserves the right to determine if student attire is inappropriate or disruptive to the educational process. (po5511)
Students will be given three options to resolve any dress code violations:
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Students will be asked to put on their own alternative clothing, if already available at school, to be dressed more to expectation for the remainder of the day.
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Students will be provided with temporary school clothing to be dressed more to expectation for the remainder of the day.
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If necessary, students’ parent(s) or guardian(s) may be called during the school day to bring alternative clothing for the student to wear for the remainder of the day.
No list of dress and appearance guidelines for students can be written that will anticipate all potential dress and grooming extremes. In the case of questionable dress or grooming that is not specifically covered above, administration will take appropriate action and communication will be made seeking parental cooperation and assistance.
*Courses that include attire as part of the curriculum (for example, professionalism, public speaking, and job readiness) may include assignment-specific dress. Activity-specific shoe requirements are permitted (for example, athletic shoes for PE).
CODE OF CONDUCT
The Board of School Trustees has adopted the following Code of Conduct as identified in IC 20-33-8-14.
The following are the grounds for student suspension or expulsion, subject to the procedural requirements of this chapter and as stated by school corporation rules:
- Student misconduct
- Substantial disobedience
The grounds for suspension or expulsion listed above apply when a student is:
- On school grounds immediately before or during school hours, or immediately after school hours, or at any other time when the school is being used by a school group;
- Off school grounds at a school activity, function, or event or
- Traveling to or from school or a school activity, function, bus stop, or event.
The Board of School Trustees has adopted the following Code of Conduct as identified in 20-33-8-15, where a student may be suspended or expelled for engaging in unlawful activity on or off school grounds, if the unlawful activity may reasonably be considered to be an interference with school purposes or an educational function or the student’s removal is necessary to restore order or protect persons on school property; including unlawful activity that occurs during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions.
Violations of the code of conduct may be punishable by suspension or expulsion and, if illegal, a report by the Concord Community Schools Police Department.
A student with more than one incident resulting in out-of-school suspension during the school year may lose eligibility for participating in any after-school activity. (po5610)
THE FOLLOWING ARE PROHIBITED UNDER THE CODE OF CONDUCT
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Aggression (Physical/Verbal): Aggression that does not rise to the level of battery
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Battery: Knowingly causing bodily harm to another person or attempting to do so in rude of insolent manner with the intent to harm (one-sided or one side significantly more intense than the other)
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Bullying: as defined in state law means overt, repeated acts or gestures, including verbal or written communications transmitted, physical acts committed, or any other behaviors committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student. This type of behavior is a form of harassment, although it need not be based on any of the legally protected characteristics, such as sex, race, color, national origin, marital status, or disability. It would include, but not be limited to, such behaviors as stalking, intimidating, menacing, coercion, name-calling, taunting, making threats, and hazing. Cyberbullying or bullying over the telephone or Internet is considered bullying/harassment under this policy. If the cyberbullying occurs outside of school but substantially interferes with the function of the school, the offense will receive school consequences and potentially involve a report to law enforcement agencies. Prank and inappropriate phone calls to teachers are also a violation of this policy.
Any student who believes that s/he is the victim of any of the above actions or has observed such actions taken by another student, staff member, or other person associated with the corporation, or third parties should make contact with a teacher, administrator, counselor, nurse, or school resource officer with whom the students would most likely be comfortable in discussing a matter of this kind.
The reporting student should provide the name of the person(s) whom s/he believes to be responsible for the harassment and the nature of the harassing incident(s).
The following assessment protocols will be adhered to when a bullying report is made to school officials.
Each report received by a designated person shall be investigated in a timely and confidential manner. The investigation must begin within 24 school hours of the reported incident with parent communication to the victim and alleged perpetrator occurring within 5 school days. Addressing the incident and prioritizing next steps will be focused on the severity of the bullying and whether an incident of bullying may warrant the transfer of the victim or alleged perpetrator to another school in the corporation. Parents also have access to review any materials used in any bullying prevention or suicide prevention program. Documentation of bullying and abusive behaviors against a victim and verified perpetrator will be documented by administration through the district’s student information system and building bullying investigation logs. In addition, while a charge is under investigation, no information is to be released to anyone who is not involved with the investigation, except as may be required by law or in the context of a legal or administrative proceeding. No one involved is to discuss the subject outside of the investigation. The purpose of this provision is to:
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protect the confidentiality of the student who files a complaint;
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encourage the reporting of any incidents of sexual or other forms of harassment;
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protect the reputation of any party wrongfully charged with harassment.
Bullying prevention measures for all of Concord Schools includes a scope and sequence focused on educating students, parents, and staff how to recognize and stop bullying behaviors. The scope and sequence includes educating stakeholders on where to locate the bullying reporting form, understanding the definition of bullying and types of bullying, how to intervene in situations of bullying and ways to mediate a conflict with a peer. For more information on the prevention scope and sequence, please contact your building’s administration.
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Cheating: The Concord Honor Code states that academic dishonesty- includes plagiarism, cheating or allowing someone to cheat, copying the work of another or allowing your work to be copied by another, using any form of technology to take pictures and/or send any portion of an assessment or assignment to gain an advantage, or any unauthorized communication between students for gaining advantage—is strictly prohibited. This policy covers all school-related tests, quizzes, reports, class assignments, and projects, both in and out of class.
Plagiarism is defined as:
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Copying of another person’s ideas and/or works, whether intentional or not, in whole or in part, from a print, visual or musical representation or any other non-print source, and using those ideas or works as one’s own
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Deliberate and/or consistent lack of proper documentation and citation in the project or paper
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In text documentation that is not reflected on the works cited page
CONSEQUENCES FOR PLAGIARISM
FIRST OFFENSE
- Student receives a zero on the assignment/assessment.
- Teacher has the option to allow the student to redo the assignment for partial or no credit.
- Teacher sends a referral to the office.
- Administrator calls the student down to the office to discuss violation of CHC.
- Administrator records violation in student’s discipline file in STI.
ADDITIONAL OFFENSE(S)
- Student receives a zero on the assignment/assessment.
- Teacher has the option to allow the student to redo the assignment for partial or no credit.
- Teacher sends a referral to the office.
- Administrator calls the student down to the office to discuss violation of CHC.
- Administrator records violation in student’s discipline file in STI.
- Parent contact is made by an administrator.
- Depending on the severity of the violation, the student is assigned a detention, Tuesday/Wednesday school, etc.
E. Conspiracy: attempting or conspiring with another person to violate any student behavior standard
F. Defiance: Failing or refusing to comply with the directions of an adult supervising a class or school activity. Teachers may establish individual rules and guidelines that apply to their classrooms. These additional rules may be more stringent than what is listed in this handbook, providing they are reasonable and do not conflict with school or corporation policy. Students are required to observe these rules as well as those listed in this handbook.
G. Disruption of School: participating in actions that present a risk of injury or disruption of school (this may include running in the halls, possession or use of “stink” bombs, being in possession or use of a lighter, etc.)
H. Drug-Free School: All Scheduled or Prescription Drugs (Drugs), unless used specifically according to a valid prescription, and/or are permitted by the school nurse, are prohibited on Concord Community School’s property. Possessing, providing, accepting, or using a Drug or any type of Drug-related paraphernalia, except as authorized by prescription, and/or permitted by the school nurse, is against Indiana Law and Concord Community School’s Policy. This specifically includes all Marijuana, THC, and Smokable Hemp products, derived from the Cannabis Sativa L. plant, regardless of the THC content.
I. Fighting: Two or more people knowingly causing bodily harm to one another or attempting to do so.
J. Food: having food in unauthorized areas of the building. Students are allowed to have food or beverages in the classrooms with teacher permission only.
K. Forgery: Materially altering any school documents such as hall passes.
L. Gambling: gambling or participating in games of chance
M. Gang Involvement: Concord Community Schools will not tolerate gang related behavior. The school corporation will vigorously discipline any student who conducts gang related activities at any time when the student is under the jurisdiction of the school, on any school property, or at any school related function or activity. Examples of gang related behavior include but are not limited to the following:
- Wearing of gang colors
- Wearing of any symbols that are known to be associated with gangs
- Wearing of any jewelry, clothing, or objects associated with gangs
- Creating, distributing, writing, drawing any symbols or having any in one's possession that are related to gangs
- Flashing, flagging, or any other signs or symbols by hand or gesture that is related to gangs
- Wearing of clothing in such a manner that is associated with gangs
- Any and all other actions, whether written, verbal, or non-verbal that is associated with gangs
Disciplinary action will result for any gang related behavior which may result in suspension, expulsion, and referral to legal authorities. (po8410)
1st Offense: Meeting with administration/CCSPD and up to Out of School Suspension and/or Expulsion
2nd Offense: Out of School Suspension and/or Expulsion
3rd Offense: Expulsion
N. Harassment: directing unwelcome statements, communications (including profanity), or conduct of an abusive or sexual nature to another person, which may or may not include or escalate to the level of bullying or harassment. Harassment may take different forms, including but not limited to the following:
Sexual Harassment
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Verbal:
The making of written or verbal sexual innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, or threats to a fellow student, staff members, or other person associated with the corporation or third parties (visiting speaker, athletic team member, volunteer, parent, etc.).
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Nonverbal:
Causing the placement of sexually suggestive objects, pictures, or graphic commentaries in the school environment or the making of sexually suggestive or insulting gestures, sounds, leering, whistling, and the like to a fellow student, staff members, or other person associated with the corporation or third parties.
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Physical Contact:
Threatening to or causing unwanted touching or contact of a sexual nature, or attempts at same, including patting, pinching, brushing the body, or coerced sexual activity with a fellow student, staff members, or other person associated with the corporation, or third parties.
Race/Color/Religion/National Origin/Age/Disability/Other Protected Forms of Harassment
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Verbal:
Written or oral innuendos, comments, jokes, insults, threats, or disparaging remarks concerning a person’s gender, national origin, religious beliefs, etc., toward a fellow student, staff member, or other person associated with the corporation or third parties. Conducting a “campaign of silence” toward a fellow student, staff member, or other person associated with the corporation or third parties by refusing to have any form of social interaction with the person.
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Nonverbal:
Placing insulting or threatening objects, pictures, or graphic commentaries in the school environment or making insulting or threatening gestures toward a fellow student, staff member, or other person associated with the corporation, or third parties.
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Physical Contact:
Any intimidating or disparaging action such as hitting, pushing, shoving, or spitting on a fellow student, staff member, or other person associated with the corporation, or third parties.
Any student who believes that s/he is the victim of any of the above actions or has observed such actions taken by another student, staff member, or other person associated with the corporation, or third parties should make contact with a teacher, administrator, counselor, nurse, or school resource officer with whom the students would most likely be comfortable in discussing a matter of this kind.
The reporting student should provide the name of the person(s) whom s/he believes to be responsible for the harassment and the nature of the harassing incident(s).
Each report received by a designated person shall be investigated in a timely and confidential manner. While a charge is under investigation, no information is to be released to anyone who is not involved with the investigation, except as may be required by law or in the context of a legal or administrative proceeding. No one involved is to discuss the subject outside of the investigation. The purpose of this provision is to:
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protect the confidentiality of the student who files a complaint;
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encourage the reporting of any incidents of sexual or other forms of harassment;
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protect the reputation of any party wrongfully charged with harassment.
O. Leaving School: leaving a school activity or school property without prior approval of a teacher or supervising adult
P. Lying/False Accusation: Failing to tell the truth about any matter under investigation by school personnel may result in disciplinary action. Falsely accusing any person of sexual harassment or of violating a school rule and/or a state or federal law and/or failing to tell the truth about any matter under investigation by school personnel. These offenses will result in disciplinary action
Q. Possession of Personal Communication Devices: Student Electronic Devices must be off and in the locker during the school day. Possession of a cellular telephone or other electronic device by a student is a privilege, which may be forfeited by any student who fails to abide by the terms of the Technology Policies outlined on pg.22, or otherwise engages in misuse of this privilege.
R. Possession of Inappropriate Material: Sending, sharing, viewing or possessing pictures, text messages, e-mails, or other material of a sexual nature in electronic or any other form, including the contents of a cell phone or another electronic device may result in suspension, expulsion and/or a referral to local law enforcement
S. Public Displays of Affection: Students are not to engage in public displays of affection. Engaging in sexual behavior of any kind on school property is prohibited and may result in expulsion.
T. Public Indecency
U. Restricted Areas
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During school hours, students must remain in the building unless permission is given by an administrator.
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Students are not permitted to be in unsupervised areas.
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Students must remain on school property once they are dropped off by ride/bus and stay on school property until they leave by ride/bus.
V. Theft: Theft of school or private property. Maintaining possession of an item belonging to someone else is considered theft. Theft may result in suspension, expulsion, and/or legal action. A report may be sent to the Elkhart County Sheriff’s Department.
W. Threats/Intimidation: Concerning communication or behavior that suggests a person may intend to harm someone else or themselves. The threat may be spoken, written, or gestured and is considered a threat regardless of whether it is observed by or communicated directly to the target(s) of the threat. A threat may be communicated or observed electronically.
X. Tobacco: Nicotine in tobacco and liquid products commonly used in electronic cigarettes (such as a Juul) is addictive and detrimental to health. It is against Indiana Law, and Concord Community School’s Policy, for any person under eighteen (18) years of age to purchase, accept, and/or possess any type of tobacco, or electronic cigarette device or its components or cartridges. An Infraction ticket may be issued by Concord Community School’s Police Department which carries fines and costs in excess of $150.00 per occurrence. Additional penalties may also be imposed by a court or Concord Community Schools.
Y. Truancy: Knowingly failing to report to scheduled assignment without permission or acceptable excuse
Z. Violating Indiana or Federal Law
AA. Weapons: Possessing a firearm or any other object that is readily usable as a weapon or is dangerous to others (such as fireworks)
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In compliance with state law, the board may expel any student who possesses a deadly or dangerous weapon in a weapon-free school zone or commits either arson or rape in a corporation building or on corporation property, including school buses and other school transportation. It will make no difference whether or not the weapon belongs to someone else, unless the student can provide convincing evidence that the weapon was placed in the student’s possession without his/her knowledge. If it can be confirmed that a weapon belonged to a student other than the one who possessed the weapon, that student shall also be subject to the same disciplinary action. A weapon includes conventional objects like guns, pellet guns, knives, or club type implements. It may also include any toy that is presented as a real weapon or reacted to as a real weapon. Criminal charges may be filed for this violation. Possession of a weapon may subject a student to expulsion. IN Code 34-41-1-8
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A firearm is defined as any weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion.
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A deadly weapon is defined as:
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a loaded or unloaded firearm;
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a weapon, device, taser or electronic stun weapon,
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equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.
Any student who is found to possess a firearm on school property shall be reported immediately to law enforcement officials. In addition, s/he shall be subject to expulsion for a period of one (1) calendar year. A weapon is any object that is used to threaten, harm, or harass another may be considered a weapon. This includes but is not limited to padlocks, pens, pencils, laser pointers, jewelry, and so on. Intentional injury to another may result in a report to the police as well as discipline by the school. This violation almost always subjects a student to suspension or expulsion. Students are required to report knowledge of deadly or dangerous weapons or threats of violence. Failing to report the actions or plans of another person to a teacher or administrator where those actions or plans, if carried out, could result in harm to another person or persons or damage property when the student has information about such actions or plans may subject the student to discipline. (po
ENFORCEMENT OF STUDENT BEHAVIOR STANDARDS AND CODE OF CONDUCT
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The standards and the code of conduct will be enforced by school administrators, teachers, teacher aides, bus drivers, and any other adult authorized by the school to supervise students.
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The objectives of the enforcement of these standards and the code of conduct are:
- to protect the physical safety of all persons and prevent damage to property;
- to maintain an environment in which the educational objectives of the school can be achieved;
- to enforce and instill the core values of the Concord Community School Corporation and its school community.
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The seriousness of the offense and nature and extent of any discipline utilized to enforce student behavior standards and code of conduct will be determined by:
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the nature and extent of any potential or actual injury, property damage, or disruption;
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the student’s prior disciplinary history and the relative success of any prior corrective efforts;
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the willingness and ability of the student and the student’s parents to participate in any corrective action;
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the interest of other students in the school in a school environment free from behavior that violates the school’s behavior standards;
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any other aggravating or mitigating factors or circumstance including but not limited to zero tolerance policies.
Disabled students under IDEA shall be expelled only in accordance with Board Policy 2461 and Federal due process rights appropriate to disabled students. Students who qualify for services under IDEA may be expelled only after a manifestation determination has been held. A student who has been expelled may apply for reinstatement in accordance with guidelines which are available in the assistant principal’s office.
DISCIPLINE
Indiana State Law provides for the formulation of policies and regulations by individual schools and school corporations. The following regulations apply to Concord Community Students. Violation of these policies and regulations may result in reprimand, detentions, corporal punishment, probation, referral to special personnel, counseling, parent conferences, alternative to suspension, suspension, loss of class credit, loss of credit on an assignment, assignment to alternative school, expulsion, or other reasonable action prescribed by school administration and allowable under Indiana law. All policies and regulations apply during and immediately before and after school, on school grounds, and at school activities. The superintendent, principal, administrative personnel, any teacher, or other staff member of the school corporation may take any action in connection reasonably necessary to carry out or prevent interference with an educational function, to further school purposes, or to prevent an interference with the educational process.
Nothing in this handbook should be construed to limit the school’s rights or responsibilities under Indiana or federal laws. Violations and consequences will always be recognized as required by applicable legislation.
IC 20-33-8-8 Duty and powers of the School Corporation to supervise and discipline students
Student supervision and the desirable behavior of students in carrying out school purposes is the responsibility of (1) a school corporation; and (2) the students of a school corporation. In all matters relating to the discipline and conduct of students, school corporation personnel stand in the relation of parents to the students of the school corporation; and have the right to take any disciplinary action necessary to promote student conduct that conforms with an overly and effective educational system, subject to this chapter.
Students must: (1) follow responsible directions of school personnel in all educational settings; and (2) refrain from disruptive behavior that interferes with the educational environment.
IC 20-33-8-9 Disciplinary powers of teachers and school staff members
A teacher or other school staff member who has students under the individual’s charge may take any action that is reasonably necessary to carry out or to prevent interference with an educational function that the individual supervises. For violation of rules and in keeping with school policy, a staff member may remove a student for a period that does not exceed five (5) school days from an educational function supervised by the individual or another individual who is a teacher or other school staff member.
IC 20-33-8-11 Disciplinary powers of superintendents and administrative staff members
A superintendent or member of the superintendent’s administrative staff may take any action with respect to all schools within the superintendent’s jurisdiction that is reasonably necessary to carry out or prevent interference with an educational function or school purposes. (po5600)
DUE PROCESS AND PUPIL DISCIPLINE
Before a decision is made as to whether or not to suspend or expel a student from school, the school will follow specific procedures.
Expulsion is defined by IC 20-33-8-3 as disciplinary action whereby a student is separated from school attendance for a period in excess of ten (10) days; for the balance of the then current trimester or current year.
Under certain conditions, through the process of a review hearing, some students may be able to return to school while still under an expulsion status. If the expulsion was due to alcohol or drug charges the student will be required to pay for a maximum of three drug tests to be given upon the demand of the administration. Refusal to provide a urine sample or tampering with the specimen will be treated as a positive test. This may include providing a sample that is not within the temperature range.
ASSESSMENT, DRUG TESTING, COUNSELING, AND WAIVER OF DUE PROCESS RIGHTS MAY BE REQUIRED FOR READMITTANCE PRIOR TO THE EXPIRATION OF THE ORIGINAL EXPULSION TERM.
Suspension is defined by IC 20-33-8 as any disciplinary action that does not constitute an expulsion, whereby a student is separated from school attendance for a period of not more than ten (10) consecutive days.
Any student suspended or expelled from school is not permitted to be on any school property owned by Concord Community Schools, attend any school events or functions, home or away, or attend the Elkhart Area Career Center. Violation of this guideline may result in additional disciplinary action.
It is important to remember that the school’s rules apply going to and from school, at school, on school property, at school-sponsored events, and on school transportation. In some cases, a student can be suspended from school transportation for infractions of school bus rules. The board has also extended the authority for school administrators to impose discipline for unlawful activity by students that occurs on or off school property if the activity interferes with school purposes or the educational function of the school. This authority applies to unlawful activity that may occur on weekends, holidays, and other school breaks including summer recess.
Ultimately, it is the principal’s responsibility to keep things orderly. In all cases, the school shall attempt to make discipline prompt and equitable and to have the punishment match the severity of the incident. (po5600)
- writing assignments;
- change of seating or location;
- before-school, lunch/recess-time, and after-school detention;
- in-school restriction;
- removal from a class or activity.
BEFORE OR AFTER SCHOOL DETENTIONS
A student may be detained after school or asked to come to school early by a teacher, after giving the student and his/her parents one (1) day’s notice. The student or his/her parents are responsible for transportation.
SUSPENSION FROM SCHOOL
When a student is being considered for a suspension, the administrator in charge will notify the student of the reason. The student will then be given an opportunity to explain his/her side. After that informal hearing, the administrator in charge will make a decision whether or not to suspend. If a student is suspended, his/her parents will be notified, in writing, of the reasons for and the length of the suspension. When a student is suspended, s/he may make up work missed while on suspension. Any learning that cannot be made up such as labs, field trips, skill-practices, and the like or any learning that the student chooses not to make up may be reflected in the grades earned. (po5610)
EXPULSION FROM SCHOOL
If, in the principal’s opinion, the alleged infraction warrants a longer period of removal from school, s/he shall refer the case to the superintendent for consideration for expulsion. The superintendent shall review the case and may appoint a designee to conduct the expulsion meeting. This person may be an attorney or an administrator who has not been involved in the particular expulsion case or circumstances leading to it. (po5610)
NOTICE OF EXPULSION MEETING
The student and/or the parent(s) will be notified of the time and place of the expulsion meeting and their rights in connection with that meeting as well as their right to waive the meeting if they choose to do so. The expulsion examiner, appointed by the superintendent, will issue a written decision following the expulsion meeting.
APPEAL OF AN EXPULSION
Upon receipt of a written appeal, the board shall hold a meeting to consider the written evidence and arguments presented at the expulsion meeting. The board may then decide to uphold the expulsion, authorize alternative disciplinary action, or decide no disciplinary action is necessary. The student or his/her parents may appeal the board’s decision to the appropriate court.
SEARCH AND SEIZURE
Search of a student and his/her possessions, including vehicles, may be conducted at any time the student is under the jurisdiction of the Board of School Trustees, if there is a reasonable suspicion that the student is in violation of law or school rules. A search may also be conducted to protect the safety of others. Searches may be conducted with or without a student’s consent by school authorities given reasonable suspicion. (po5611)
Reasonable suspicion may be established by the following:
- A student’s behavior, in conjunction with physical appearance and/or odor, indicates the possible use of alcohol, marijuana or any controlled substance or is a harm to self or others
- The student is in possession of drug paraphernalia, alcohol, marijuana, any controlled substance, and/or weapons
- Verkada vape sensor alert
- Information communicated to an administrator by a teacher, parent, law enforcement personnel, other adult, or a student indicating another student is using, possessing, or under the influence of alcohol, marijuana, any other illegal substance, weapons or stolen property. Any such report will be investigated by the administration and will be substantiated by other indicators, if deemed necessary.
Students are provided lockers, desks, and other equipment in which to store materials. It should be clearly understood that this equipment is the property of the school and may be searched at any time if there is reasonable suspicion that a student has violated the law or school rules. Locks are to prevent theft, not to prevent searches. Anything that is found in the course of a search that may be evidence of a violation of school rules or the law may be taken and held or turned over to the police. The school reserves the right not to return items which have been confiscated. Students are to use assigned lockers and may not share their lockers or combinations with other students. (po7440, po5771)
USE OF METAL WANDS
When CCSPD or the school administration has reasonable suspicion to believe that weapons or illegal contraband are in the possession of an identified student, the administration is authorized to use a mobile metal detector to search the student. Any search of a student’s person as a result of the activation of the detector will be conducted in private and in accordance with the policy on personal searches. Only school personnel who have been trained in the usage of metal detectors and CCSPD shall operate the metal detectors under the direction of administration.
CCSPD USE OF K-9
CCSPD will work with building administrators to coordinate school building, parking lot and other K9 usages. K9 usages will be random or when there is reasonable suspicion to believe narcotics may be present. If the usage results in an alert by the K9, the search of the student’s person and property, including vehicles on school property, will be conducted in private and in accordance with the policy on personal searches.
USE OF BREATH-TEST INSTRUMENTS
The principal may arrange for a breath test for blood-alcohol to be conducted on a student whenever s/he has individualized reasonable suspicion to believe that a student has consumed an alcoholic beverage. The student will be taken to a private administrative or instructional area on school property with at least one other member of the teaching or administrative staff present as a witness to the test. The purpose of the test is to determine whether or not the student has consumed an alcoholic beverage. The amount of consumption is not relevant, except where the student may need medical attention. There is the possibility that a “false-positive” result could be obtained. If the student believes that the test is inaccurate s/he may request an immediate retest be administered by local law enforcement authorities. If the result indicates a violation of school rules as described in this handbook, the student will be disciplined in accordance with disciplinary procedures described in this handbook. If a student refuses to take the test, s/he will be advised that such refusal is a violation of school rules and will subject the student to disciplinary action. The student will then be given a second opportunity to take the test.
STUDENT'S RIGHT OF EXPRESSION
The school recognizes the right of students to express themselves. With the right of expression comes the responsibility to do it appropriately. Students may display, at appropriate times, non-sponsored, non-commercial written material, buttons, badges, or other insignia, and the like. All items must meet school guidelines. Non-school sponsored posters must be approved by the principal, twenty-four (24) hours prior to display, and may then be posted in the commons area outside the main office. Materials may not be distributed.
Material cannot be displayed if it:
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is obscene to minors, libelous, indecent, or vulgar,
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advertises any product or service not permitted to minors by law,
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intends to be insulting or harassing,
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intends to incite fighting, or
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presents a clear and present likelihood that, either because of its content or manner of distribution or display, it will cause or is likely to cause a material and substantial disruption of school or school activities, a violation of school regulations, or the commission of an unlawful act.
STUDENT SUGGESTIONS AND COMPLAINTS
The school is here to educate and benefit the students. The staff is here to assist a student in becoming a responsible adult. If a student has suggestions that could improve the school, s/he should feel free to offer them. Written suggestions may be presented directly to the principal or to the student council.
When concerns or grievances arise, the best way to resolve the issue is through communication. No student will be harassed by any staff member or need fear reprisal for the proper expression of a legitimate concern. Suggestions, concerns, and grievances may be directed to the principal or to the student council.
If the student believes s/he has been improperly denied participation in a school activity or has been subjected to an illegal rule or standard, the student may file a grievance with an administrator. That grievance will be promptly investigated and findings will be shared with the student. A student may not use the grievance procedure to change a grade.
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