KOHS Code of Conduct
2024-2025

KOHS

2024-2025 Code of Conduct

TableofContents

CARE OF SCHOOL PROPERTY	3

CONFIDENTIAL COMMUNICATION	3

Dress Guidelines	3

NONDISCRIMINATION IN SCHOOL &CLASSROOM PRACTICES AND NONDISCRIMINATION –QUALIFIED STUDENTS WITH DISABILITIES	4

OPENING EXERCISES	7

SEARCHES	7

STUDENT RECORDS	9

STUDENT RIGHTS AND RESPONSIBILITIES	10

SUSPENSION AND EXPULSION	11

USE OF BICYCLES AND MOTOR VEHICLES	14

CONDUCT PROGRESSION LEVELS	14

DEFINITIONOFKEYTERMS	18

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Care of School Property(Board Policy 224)

The District believes that the programs of the Keystone Oaks School District should help students learn to respect property and develop feelings of pride in community institutions.

The District charges each student enrolled in the District with responsibility for the proper care of school property and of school supplies and equipment entrusted to the student’s use. This includes, but is not limited to, textbooks, musical instruments, computers, etc. owned by the School District and loaned to students.

Students who willfully cause damage to district property shall be subject to disciplinary measures and may be expected to make restitution. Students and others who damage or deface district property may be prosecuted and punished under law. Parent(s)/Guardian(s) shall be responsible for the loss or destruction of school property or the property of other pupils and staff when such damage or loss is the result of deliberate or mischievous action on the part of their respective children. All supplies or equipment of any kind borrowed by a student or loaned to a student must be returned before the end of the school year, unless otherwise stated/determined by the District.

Any student whose damage of district property is serious will be subject to disciplinary measures per the Code of Conduct.Administration may also refer serious or chronic property damage to appropriate authorities. In no case shall referral to authorities be made without prior notification to the student’s parent(s)/guardian(s).

Confidential Communication

Statutes and regulations govern use of a student’s confidential communications to school personnel in legal proceedings. Information received in confidence from a student may be revealed to the student’s parent/guardian/guardians, the principal, or other appropriate authorities where the health, welfare, or safety of the student or other persons is clearly in jeopardy.

Dress Guidelines (Board Policy 221)
The faculty and administration believe that student dress is essentially the responsibility of the home and prefer to leave the matter of attire to the judgment of the parent(s)/guardian(s). However, clothes do make a difference in attitude and behavior and may even reflect upon academic achievement. Any type of dress which endangers health and/or safety, is distracting to the educational environment, or draws unnecessary attention to oneself, will not be permitted. This would include, but is not limited to the following:
All students entering Keystone Oaks High School are expected to strictly adhere to the Dress Guidelines. Specifics regarding the Dress Guidelines are identified below and are subject to updates:
1. No hats, head coverings, or bandanas worn, or carried in school, except for religious purposes. 2. Appropriate undergarments worn and not visible.
3. Shorts and skirts of reasonable length (midthigh).
4. No clothing displaying inappropriate messages e.g. apparel that demeans or degrades another, suggest sexual activity (innuendo) or refers to violence, alcohol, drugs or tobacco.
5. No extremely tight, loose, or revealing clothing.
6. Any tops that expose midriff, bare back, chest, or underwear.
7. Building administration and faculty have the right to question a student’s dress and grooming and take necessary action if an item is not specifically stated above.
8. The building administration will make the final decision of appropriateness.

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Nondiscrimination in School & Classroom Practices and Nondiscrimination – QualifiedStudents with Disabilities(Board Policies 103 and 103.1)

Nondiscrimination in School & Classroom Practices

The Board declares it to be the policy of this District to provide an equal opportunity for all students to achieve their maximum potential through the programs offered in the schools without discrimination on the basis of race, color, age, creed, religion, gender, sexual orientation, gender identity and expression, ancestry, national origin, marital status, pregnancy, handicap/disability, limited English proficiency, or any other legally protectedcategory.

The Board also declares it to be the policy of this District to comply with federal law and regulations under Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment. Inquiries regarding the application of Title IX to the District may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.

The District is committed to the maintenance of a safe, positive learning environment for all students that is free from discrimination by providing all students course offerings, counseling, assistance, services, employment, athletics, and extracurricular activities without any form of discrimination, including Title IX sexual harassment.

The Board encourages students and third parties who believe they or others have been subject to Title IX sexual harassment, other discrimination, or retaliation to promptly report such incidents to the building principal, even if some elements of the related incident took place or originated away from school grounds, school activities, or school conveyances. A person who is not an intended victim or target of discrimination but is adversely affected by the offensive conduct may file a report of discrimination.

The student’s person(s) in parental relation or any other person with knowledge of conduct that may violate this policy is encouraged to immediately report the matter to the building principal.

The Board directs that verbal and written complaints of discrimination shall be investigated promptly, and appropriate corrective or preventative action be taken when allegations are substantiated. The Board directs that any complaint of discrimination brought pursuant to this policy shall also be reviewed for conduct which may not be proven discriminatory under this policy, but merits review and possible action under other Board policies.

Confidentiality of all parties, witnesses, the allegations, the filing of a complaint and the investigation shall be handled in accordance with this policy and the District’s legal and investigative obligations.

The Board prohibits retaliation against any person for making a report of discrimination or participating in a related investigation or hearing, or opposing practices the person reasonably believes to be discriminatory. A complaint of retaliation shall be handled in the same manner as a complaint of discrimination.

Discriminatory Harassment

Harassment by students, employees, or third parties on the basis of race, color, age, creed, religion, gender, sexual orientation, gender identity and expression, ancestry, national origin, marital status, pregnancy, handicap/disability, limited English proficiency, or any other legally protected category or for participation in reports or investigations of alleged discrimination is a form of discrimination and is subject to this policy. A person who is not necessarily an intended victim or target of such harassment, but is adversely affected by the offensive conduct may file a report of discrimination on his/her own behalf.

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For purposes of this policy, harassment shall consist of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, or other conduct that may be harmful or humiliating or interfere with a person’s school or school-related performance and which relates to an individual’s or group’s race, color, age, creed, religion, gender, sexual orientation, gender identity and expression, ancestry, national origin, marital status, pregnancy, handicap/disability, limited English proficiency, or any other legally protected category when such conduct is:

1. Sufficiently severe, persistent, or pervasive; and

2. A reasonable person in the complainant’s position would find that it creates an intimidating, threatening,or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities, or opportunitiesoffered by a school.

Sexual Harassment

Sexual harassment is a form of discrimination on the basis of sex and is subject to this policy. For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, nonverbal, written, graphic, or physical conduct of a sexual nature when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of a student's status in any educational or other programs offered by a school; or
2. Submission to or rejection of such conduct is used as the basis for educational or other program decisions affecting a student; or
3. Such conduct deprives a student or group of individuals of educational aid, benefits, services, ortreatment; or

4. Such conduct is sufficiently severe, persistent, or pervasive that a reasonable person in the complainant’s position would find that it unreasonably interferes with the complainant’s performance in school or school-related programs, or otherwise creates an intimidating, hostile, or offensive school or school-related environment such that it unreasonably interferes with the complainant’s access to or participation in school or school-related programs.

Federal law declares sexual violence a form of sexual harassment. Sexual violence means physical or sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual may also be unable to give consent due to an intellectual or other disability. Sexual violence includes but is not limited to rape, sexual assault, sexual battery, and sexual coercion.

Guidelines

A student or third party who believes s/he has been subject to conduct by any students, employee, or third party that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal. Any person with knowledge of conduct that may violate this policy is encouraged to immediately report the matter to the building principal.

A school employee who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal, as well as properly making any mandatory police or child protective services reports required by law.

If the building principal is the subject of a complaint, the student, third party, or employee shall report the incident directly to the Compliance Officer.

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The complainant or reporting employee is encouraged to use the district’s report form (103-AR-1) available on the district website, from the building principal or the administrative office, but oral complaints shall be accepted, documented, and the procedure of this policy implemented. The person accepting the verbal or writtencomplaint may provide factual information on the complaint and the investigative process, the impact of choosing to seek confidentiality, and the right to file criminal charges. In all other respects, the person accepting the complaint shall handle the report objectively, neutrally and professionally, setting aside personal biases that might favor or disfavor the complainant or those accused of a violation of this policy.

Nondiscrimination – Qualified Students with Disabilities
The Board declares it to be the policy of this District to ensure that all district programs and practices are free from discrimination against all qualified students with disabilities. The Board recognizes its responsibility to provide academic and nonacademic services and programs equally to students with and without disabilities.

The District shall provide to each qualified student with a disability enrolled in the District, without cost to the student or parent/guardian, a free and appropriate public education (FAPE). This includes provision of education and related aids, services, or accommodations which are needed to afford each qualified student with a disability equal opportunity to participate in and obtain the benefits from educational programs and extracurricular activities without discrimination, to the same extent as each student without a disability, consistent with federal and state laws and regulations.

The Board encourages students and parents/guardians who believe they have been subjected to discrimination or harassment to promptly report such incidents to designated employees.

The Board directs that complaints of discrimination or harassment shall be investigated promptly, and corrective action be taken for substantiated allegations. Confidentiality of all parties shall be maintained, consistent with the district’s legal and investigative obligations.

The District shall not intimidate, threaten, coerce, discriminate, or retaliate against any individual for the purposeof interfering with any right or privilege secured by this policy.

Qualified student with a disability - a student who has a physical or mental disability which substantially limits or prohibits participation in or access to an aspect of the district’s educational programs, nonacademic services, or extracurricular activities.

Section 504 Team - a group of individuals who are knowledgeable about the student, the meaning of the evaluation data, and the placement options for the student. This could include, as appropriate, documentation or input from classroom teachers, counselors, psychologists, school nurses, outside care providers, and the student’s parents/guardians.

Section 504 Service Agreement (Service Agreement) - an individualized plan for a qualified student with a disability which sets forth the specific related aids, services, or accommodations needed by the student, which shall be implemented in school, in transit to and from school, and in all programs and procedures, so that the student has equal access to the benefits of the school’s educational programs, nonacademic services, and extracurricular activities.

Disability harassment - intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the school’s educational programs, nonacademic services, or extracurricular activities.

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In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board designates the Director of Pupil Services as the District’s Section 504 Coordinator.

In addition, each school within the District shall have a Section 504 building administrator which will be the building principal.

Opening Exercises(Board Policy 807)

All students are to sit quietly while announcements are being made and while roll is being taken. Students may decline to recite the Pledge of Allegiance and may refrain from standing/saluting the flag on the basis of personal belief or religious convictions. Students who choose to refrain from such participation shall respect the rights and interests of classmates who do wish to participate. A student who chooses not to participate may either stand or sit and shall remain silent.

Searches(Board Policy 226)

The District acknowledges the need to respect the rights of students to be free from unreasonable searches and seizures while fulfilling the District’s interest in protecting and preserving the health, safety, and welfare of the school population, enforcing rules of conduct, and maintaining an appropriate atmosphere conducive to learning. School officials have the authority to lawfully search students or their belongings, including lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions, without a warrant, when in school, on school grounds, or when otherwise under school supervision, if there is a reasonable suspicion that the place or thing to be searched contains prohibited contraband, material that would pose a threat to the health, safety and welfare of the school population, or evidence that there has been a violation of the law, Board policy, or school rules. The scope and extent of searches must be reasonable in relation to the nature of the suspected evidence, contraband or dangerous material and to the grounds for suspecting that it may be found in the place or thing being searched.

The District has a compelling interest in protecting and preserving the health, safety, and welfare of the school population, which under certain circumstances may warrant general or random searches of students and their lockers, vehicles, or other belongings without individualized suspicion, for the purpose of finding or preventing entry onto school property of controlled substances, weapons, or other dangerous materials. The reasonableness of the search shall be determined by balancing the nature of the students’ privacy interest; the character of the search to be conducted; the nature and immediacy of the suspected threat to the health, safety, or welfare of the student population; and the efficacy of the search for addressing the suspected threat. The Superintendent and/or designee shall consult with legal counsel before the District conducts any search.

Except under exigent circumstances or when it is impractical to do so, students shall be notified before a search of student property or of a student’s assigned school district locker. The reasons for and the results of all searches based on reasonable suspicion must be documented by the District administrator conducting the search.

Student Rights During Questioning

School officials and administrators, other than School Police, are authorized to question students when necessary and without the presence of legal counsel, notwithstanding any request by the student or the student’s parent/guardian(s) to have legal representation. School Police and the Local Police shall abide by any such request in accordance with the student’s Miranda Rights, if applicable.

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Searches Based Upon Individualized Suspicion

Students or their belongings, including lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions, may be searched without a warrant when in school, on school grounds, or when otherwise under school supervision, if there is a reasonable suspicion that the place or thing to be searched contains prohibited contraband, material that would pose a threat to the health, safety, and welfare of the school population, or evidence that there has been a violation of the law, Board policy, or school rules.

Examination by a District administrator of text messages, call logs, files, images or other data contained in a student’s mobile telephone or other electronic device, without the student’s consent, normally constitutes a search that must be justified by reasonable suspicion that material in violation of law, District policy or school rules, or evidence of such a violation, is contained in the particular files, directories or other data locations being examined in the device. All such examinations must be authorized by the Superintendent in collaboration with the District Solicitor.

If a District administrator has reasonable suspicion that a student is under the influence of alcohol or a controlled substance, a student may be required to submit to a Breathalyzer/Portable Breath test and/or be required to obtain a blood test or urinalysis before returning to school.

Random or General Searches With No Individualized Suspicion

Under certain circumstances, random or general searches of students and their belongings, including student lockers or vehicles parked on school property, may be conducted during the school day or upon entry into school buildings or school activities, in the absence of individualized suspicion focused on a particular student or students, for the purpose of finding or preventing entry onto school property or activities of controlled substances, weapons or other dangerous materials and to advance the District’s compelling interest in preserving the health, safety, and welfare of the school population, enforcing rules of conduct and maintaining an appropriate atmosphere conducive to learning. Such searches normally will be conducted in a minimally intrusive manner using screening methods such as dogs or other animals trained to detect controlled substances, explosives or other harmful materials by smell, as well as metal detectors and other technology. When such screening methods provide a reasonable suspicion that particular students, items, or places possess or contain contraband materials that would pose a threat to the health, safety, or welfare of the school population, or evidence that there has been a violation of the law, District policy or school rules, screening may be followed by physical searches of those particular students, items, or places on an individualized basis.

General or random searches must apply to all students or a randomized selection, such as every student in a building or a particular grade level of students in a building.

General or random searches not based on individualized suspicion must be approved in advance by the Superintendent, in consultation with the District Solicitor. Coordination with law enforcement officials will be followed as provided in the Memorandum of Understanding with the applicable law enforcement agency.

Searches Upon Consent

Searches may be conducted at any time, with or without reasonable suspicion, if the student has given knowing and voluntary consent specific to the place or item to be searched.

Searches by or at the Request of Law Enforcement Officials

The legal standards governing searches initiated by school officials are less strict than the standards applicable to law enforcement authorities in many situations. When searches of students, student belongings, vehicles, or lockers are conducted by or at the request of law enforcement officials, with or without the involvement of

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school staff, the law enforcement officials are solely responsible for ensuring that a warrant has been issued or that the circumstances otherwise permit the search to be lawfully conducted in accordance with the standards applicable to law enforcement actions. School staff shall not interfere with or obstruct searches initiated by law enforcement, but may assist when law enforcement officials have requested such assistance and have represented that a warrant has been issued or that they otherwise have proper authority for a lawful search.

Locker Inspections and Searches

Lockers are assigned to or otherwise made available to students as a convenience for the safe storage of books, clothing, school materials and limited personal property, and to facilitate movement between classes and activities and to and from school. Such lockers are and shall remain the property of the District, and to the extent students have any expectation of privacy of lockers at all, it is very limited.

No student may place or keep in a locker any substance or object that is prohibited by law, Board policy, or school rules, or that constitutes a threat to the health, safety, or welfare of the occupants of the school building or the building itself. Students are required to ensure that their lockers do not contain spoiled food items or beverages, or soiled clothing which may attract pests, create odors, or cause unhealthy conditions. A student locker may be opened and inspected for cleanliness, with or without the consent of the student, whenever there are odors, pests, or other indications that a locker contains spoiled food, soiled clothing in need of laundering, or similarly unhealthy matter.

Students are exclusively responsible for locking their assigned lockers to ensure the security of their personal belongings and school property entrusted to them. Students are permitted to secure their assigned lockers only with locks provided by the District.Any contraband found in a locker will be considered to be in the possession of the student to whom the locker is assigned.

Prior to an individual locker search or inspection, the student to whom the locker is assigned shall be notified and be given a reasonable opportunity to be present. However, when there is a reasonable suspicion that a locker contains materials which pose a threat to the health, welfare, or safety of the school population, student lockers may be searched without prior notice to the student.

ADistrict administrator shall be present whenever a student locker is inspected for cleanliness or is searched. The administrator shall maintain written records of all occasions when a locker is searched or inspected. Such records shall include the reason(s) for the search, persons present, objects found, and their disposition.

Searches Involving Removal of Clothing or Examination Beneath Clothing

Under no circumstances shall a school district employee conduct a search that requires a student to remove primary clothing or undergarments. If a reasonable suspicion exists that could warrant a search involving the removal of a student’s primary clothing or undergarments, the building administrator shall immediately contact the Superintendent who will collaborate with the District Solicitor; in addition, the appropriate law enforcement agency will be contacted to determine whether or not to conduct such a search. This policy does not prevent the school district from requiring students to remove coats, jackets, sweatshirts or sweaters, other outerwear, belts, hats, shoes, socks or similar items.

Student Records(Board Policy 216)

The educational interests of students require the collection, retention, and use of data and information about individuals and groups of students while ensuring the individual's right to privacy. The school district will maintain educational records for Students for legitimate educational purposes.

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The Board recognizes a student’s right to privacy in the collection, maintenance, and dissemination of records. The Board believes that student files should contain only information necessary for the effective performance of designated educational functions or as required by law. Information from student files should be released only under controlled circumstances and only when the release will benefit the student, his or her family or professional research, or when required by law.

It is the objective to:

1. Protect the students' rights to privacy and to protect both students and their families from exploitation. 2. Assure that the welfare of each individual student, the maintenance of information for the effective
performance of designated educational functions and compliance with applicable laws are the only criteria used in collecting, maintaining, and releasing information held in student files.
3. Comply with applicable law and to identify and outline the process by which parents/guardians are notified of their rights under FERPA and PPRA.

4. Address specific privacy issues.

Acopyof policy 216canbe found onthe district website andis availableduring normal business hours inthe district Business Office.

If a parent/guardian or eligible student does not consent to the automatic release of directory information, the parent/guardian or eligible student must, on an annual basis, sign a form opting-out of the automatic release of any directory information. It is the parent/guardian’s or eligible student’s responsibility to resubmit this form on an annual basis.

Student Rights and Responsibilities(Board Policy 235)

The Board has the authority and responsibility to establish reasonable rules and regulations for the conduct and deportment of district students. At the same time, no student shall be deprived of equal treatment and equal access to the educational program, due process, a presumption of innocence, and free expression and association, in accordance with Board Policy and school rules.

Attendant upon the rights established for each student are certain responsibilities which include regular school attendance; conscientious effort in classroom work and homework; conformance to Board policies and school rules and regulations; respect for the rights of teachers, students, administrators and all others who are involved in the educational process; and expression of ideas and opinions in a respectful manner.

It shall be the responsibility of the student to:

1. Be aware of all policies, rules and regulations for student behavior and conduct him/herself accordingly. Each student shall assume that, until a rule is waived, altered, or repealed in writing, it is in effect
2. Volunteer information in matters relating to the health, safety, and welfare of the school community and the protection of school property.
3. Dress and groom to meet fair standards of safety and health, and not to cause substantial disruption to the educational processes.
4. Assist the school staff in operating a safe school. 5. Comply with federal, state, and local laws.
6. Exercise proper care when using district facilities, school supplies, and equipment.

7. Attend school daily, except when excused, and be on time for all classes and other school functions. 8. Make up work when absent from school.
9. Pursue and attempt to satisfactorily complete the courses of study prescribed by local school authorities. 10. Report accurately in student media.

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11. Not use obscene language in student media or on school property.

Violations of Policy 235 may result in disciplinary action, consistent with the Code of Student Conduct and Board policy

Suspension and Expulsion(Board Policy 233)

The Board recognizes that exclusion from the educational program of the schools, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student and one that cannot be imposed without due process. The Board may, after a proper hearing, suspend or expel a student for such time as it deems necessary, or may permanently expel a student.

Exclusions affecting students with disabilities shall be governed by applicable state and federal law and regulations.

Exclusion from School – Suspension

The principal or person in charge of the school may suspend any student for disobedience or misconduct for a period of one (1) to ten (10) consecutive school days and shall immediately notify the parent/guardian and the Superintendent in writing when the student is suspended.

No student may be suspended without notice of the reasons for which s/he is suspended and an opportunity to be heard on his/her own behalf before the school official who holds the authority to reinstate the student. Prior notice is not required where it is clear that the health, safety, or welfare of the school population is threatened. Suspensions may not be made to run consecutively beyond the ten-school day period.

When a suspension exceeds three (3) school days, the student and parent/guardian shall be given the opportunity for an informal hearing with the designated school official. Delay of such hearing shall not operate to delay return to school.

Informal hearings under this provision shall be conducted by the building principal. The Board requires that each hearing shall be closed to the public, but should the student and/or his/her parents/guardians likely to be affected by its outcome agree, the hearing may be held publicly.

Purpose of Informal Hearing

The purpose of the informal hearing is to permit the student to explain the circumstances surrounding the event leading to the suspension, to show why the student should not be suspended, and to discuss ways to avoid future offenses.

Due Process Requirements for Informal Hearing

1. The student and parent/guardian shall be given written notice, in their native/preferred language, of the reasons for the suspension.
2. The student and parent/guardian shall receive sufficient notice of the time and place of the informal hearing.
3. The student may question any witnesses present at the informal hearing.

4. The student may speak and produce witnesses who may speak at the informal hearing.

5. The School District shall offer to hold the informal hearing within five (5) days of the suspension.

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Exclusion from Class – In-School Suspension

No student may receive an in-school suspension without notice of the reasons for which he/she is suspended and an opportunity to be heard prior to the time the suspension becomes effective. The parent/guardian shall be informed of the suspension action taken by the school.

Should the in-school suspension exceed ten (10) consecutive school days, the student and parent/guardian shall be offered an informal hearing with the building principal. Such hearing shall take place prior to the eleventh (11) day of in-school suspension. The procedure shall be the same as the procedure for informal hearings in connection with out-of-school suspensions.

The District shall provide for the student’s education during the period of in-school suspension.

Students are not permitted to participate in any District extracurricular activities or interscholastic athletics or attend district events while serving an in-school suspension.

Expulsion

Expulsion is exclusion from school by the Board for a period exceeding ten (10) consecutive school days. The Board may permanently expel from the District rolls any student whose misconduct or disobedience warrants this sanction. No student shall be expelled without an opportunity for a formal hearing before the Board, a duly authorized committee of the Board, or a qualified hearing examiner appointed by the Board, and upon action taken by the Board after the hearing.

However, a voluntary expulsion may be entered into between the District and the student’s parents/guardian whereby the parties agree to not go through a formal Board expulsion hearing and agree to the terms in a voluntary expulsion agreement. The voluntary expulsion agreement would need to be ratified by the Board as presented by the Superintendent.

Expulsion Hearings

Aformal hearing shall be required in all expulsion actions except in those circumstances where an Expulsion Hearing has been offered and the parent/guardian has chosen to resolve the situation through an Expulsion Agreement. The formal hearing shall observe the due process requirements of:

1. Notification of the charges in writing by certified mail to the student’s parent/guardian in their native/preferred language.
2. At least three (3) days’notice of the time and place of the hearing, which shall include a copy of this policy, hearing procedures, and notice of the right to representation by legal counsel. Astudent may request the rescheduling of the hearing when s/he demonstrates good cause for an extension.
3. The hearing shall be private unless the student or parent/guardian requests a public hearing.
4. Representation by counsel at the parents’/guardian’s expense and parent/guardian may attend the hearing.
5. Disclosure of the names of witnesses against the student and copies of their written statements or affidavits.
6. The right to request that witnesses against the student appear in person and answer questions or be cross-examined.
7. The right to testify and present witnesses on the student’s behalf.
8. Awritten or audio record shall be kept of the hearing and a copy made available to the student at the student’s expense, or at no charge if the student is indigent.
9. The hearing shall be held within fifteen (15) days of the notice of charges, unless a delay is mutually agreed to by both parties or is delayed by:
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a. The need for laboratory reports from law enforcement agencies.

b. Evaluations or other court or administrative proceedings are pending due to a student’s invoking his/her rights under the Individuals with Disabilities Education Act (IDEA).

c. Delay is necessary due to the condition or best interests of the victim in cases of juvenile or criminal court involving sexual assault or serious bodily injury.

d. Notice of a right to appeal the results of the hearing shall be provided to the student with the expulsion decision.

Adjudication

Awritten adjudication shall be issued after the Board has acted to expel a student. The adjudication may include additional conditions or sanctions.

Attendance/School Work During Suspension and Prior to Expulsion

Students serving an out-of-school suspension must make up missed exams and work, and shall be permitted to complete assignments pursuant to established guidelines.

Students serving an out-of-school suspension are not permitted to participate in any district extra-curricular activities, interscholastic athletics or attend district events. Students are not permitted on district property without prior permission of the building principal while serving their suspension.

Students who are facing an expulsion hearing must be placed in their normal classes if the formal hearing is not held within the ten-school day suspension.

If it is not possible to hold the formal hearing within the first ten (10) school days, the District may exclude such a student from class for up to five (5) additional – fifteen (15) total school days if, after an informal hearing, it is determined that the student’s presence in his/her normal class would constitute a threat to the health, safety or welfare of others.

Any further exclusion prior to a formal hearing may be only by mutual agreement. Such students shall be given alternative education, which may include home study.

Attendance/School Work after Expulsion

Students who are under seventeen (17) years of age are still subject to compulsory school attendance even though expelled and shall be provided an education.

The parent/guardian has the initial responsibility of providing the required education and shall, within thirty (30) days, submit written evidence to the school that the required education is being provided or that they are unable to do so. If the parent/guardian is unable to provide for the required education, the District shall, within ten (10) days of receipt of the parent’s/guardian’s notification, make provision for the student’s education.

The Board may provide an educational program to the student immediately upon expulsion and may waive the 30-day period, at its discretion.

Transfer students

It is the policy of the District to give full faith and credit to the decision of another school entity to suspend or expel a student for disciplinary reasons. Therefore, the District will honor and continue to impose all unfinished suspensions and/or expulsions that were imposed on each and every new entrant into the district. Each new entrant, whether by transfer or relocation, will serve the remainder of that discipline prior to physical entrance

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into any district school. The total number of days assigned by the sending or former school will be used for calculating purposes. Days not belonging to any school district will not be used for calculating purposes.

Use of Bicycles and MotorVehicles(Board Policy 223)

The District regards the use of bicycles and motor vehicles for travel to and from school by students as an assumption of responsibility by parents/guardians and students.
The District permits the use of motor vehicles by secondary students during school hours in accordance with District rules provided that such students:

1. Are licensed drivers.

2. Obtained the required permit from the High School Office. 3. Have parental/guardian permission when they are minors.
4. Have been granted permission by the building principal to drive a motor vehicle on school grounds.

The District prohibits the use of mini-bikes, dirt bikes, quads, and any other non-licensed recreational vehicles on school property.

Student drivers shall be subject to state and local regulations when operating a motor vehicle on school grounds.

The District permits the use of bicycles by students in accordance with district rules and the Code of Student Conduct, provided that students have been granted permission by the building principal and have obtained parental/guardian permission to ride a bicycle to school.

The Board is not responsible for bicycles, motor vehicles, and other licensed vehicles that are lost, stolen, or damaged on school district property.

ConductProgressionLevels

Listed below are examples of the different conduct progression levels. Based upon the severity of offense, the level may be increased.

Level I

Misbehavior on the part of the student which IMPEDES ORDERLY CLASSROOM PROCEDURES or INTERFERES with the ORDERLYOPERATION OF THE SCHOOLis classified as a Level I Offense. These behaviors are usually handled by individual staff members but sometimes require the intervention of other support personnel.

Examples Are But Not Limited To:

● Additional violations as appropriate to Level I

● Excessive unexcused tardiness/Classroom tardiness ● First offense class cut
● Inappropriate cell phone use ● Inappropriate language
● Inappropriate public displays of affection
● Inappropriate use of technology devices (KOSD Device and personal devices) ● Littering
● Loitering

● Misconduct in school, at school sponsored functions, or on a school bus 14

● Non-defiant failure to complete or carry out directions

● Refusal to removeAirPods, earbuds, headphones, or any similarly related device.

● Tardiness from Parkway ● Tardiness to School

● Violation of dress guidelines

Examples of Disciplinary Options:

● Verbal or written reprimand ● Special assignment
● Written agreement ● Detention
● Denial of privileges ● Confiscation
● Warning

● Temporary Suspension

● Loss of driving privileges

Level II

Misbehavior whose frequency or seriousness tendsTO DISRUPTTHE LEARNING CLIMATE OF THE SCHOOL is classified as a Level II Offense.

These infractions, which usually result from the continuation of LEVELI misbehaviors, require the intervention of personnel on the administrative level because the execution of LEVEL I disciplinary options has failed to correct the situation.Also included in this level are misbehaviors which DO NOT represent a direct threat to the health and safety of others, but whose EDUCATIONAL CONSEQUENCES ARE SERIOUS ENOUGH to require corrective action on the part of administrative personnel.

Examples Are But Not Limited To:

● Additional violations as appropriate to Level II

● Being outside of the building without authorization ● Bullying/Cyber Bullying
● Cheating/Plagiarism

● Continuation of Level I misconduct

● Excessive unexcused absences or unexcused tardies /Recurrent class cuts ● Extreme Level I misconduct
● Failure to serve assigned detentions ● Harassment
● Open defiance of authority, willful refusal to do as directed, or any form of insubordination ● Persistent violation of the dress guidelines
● Possession of lighter or matches ● Using forged notes or excuses
● Violation of the computer and internet policy

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Examples of Disciplinary Options:

● Modified day ● Detentions
● Denial of privileges/extra-curricular activities; social probation ● Temporary suspension
● Confiscation

● No credit for assignment

● Referral to District Magistrate

● In cases of temporary or full suspension or exclusion, students shall be entitled to due process rights as outlined in the section entitled “Students Rights and Responsibilities.”

Level III

Acts whose FREQUENCY or SERIOUSNESS tend to disrupt the learning climate of school and/or ACTS DIRECTEDAGAINSTPERSONS OR PROPERTIES and whose consequences COULD ENDANGER THE HEALTH OR SAFETY OF OTHERS IN THE SCHOOL are classified as Level III Offenses.

Examples Are But Not Limited To:

● Additional violations as appropriate to Level III ● Continuation of or extreme Level II misconduct ● Destruction of private or school property
● Fighting ● Hazing
● Intimidating others

● Lewdness or indecent exposure

● Possession of drug related implements

● Possession of vape, juul, and/or similarly purposed device and related paraphernalia

● School safety violation (propping doors open, allowing unauthorized entrants, creating safety hazards, etc.) ● Second offense of cheating and plagiarism
● Sexual harassment

● Third offense truancy

● Trespassing on or in school property when closed

● Violations of the school regulations on the use of tobacco

Examples of Disciplinary Options:

● Detention

● Confiscation

● Temporary removal from class ● Temporary suspension
● Full suspension

● Denial of privileges/extra-curricular activities ● Restitution of property or damages
● Social probation

● Referral to police or district magistrate ● Referral to outside agency

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In cases of temporary or full suspension or exclusion, students shall be entitled to due process rights as outlined in the section entitled “Students Rights and Responsibilities.”

Accumulation of three or more Level II and Level III suspensions may be referred to Superintendent of Schools / School Board for a hearing.
Level IV

Acts whose FREQUENCYor SERIOUSNESS tend to DISRUPT OTHERS OR DISRUPT the learning climate of the school, acts DIRECTED AGAINST PERSONS OR PROPERTY WHICH COULD OR DO POSE A THREAT TO THE HEALTH, SAFETY, OR WELFARE OF OTHERS IN THE SCHOOL are classified as Level
IV Offenses. Such acts will require administrative action, which could result in the immediate removal of the student from school and the possible intervention of law enforcement authorities.

Examples Are But Not Limited To:

● Additional violations as appropriate to Level IV ● Arson or attempted arson
● Assault

● Bomb threat or threatening phone calls
● Continuation of or extreme Level III misconduct

● Engaging in conduct contrary to the criminal code of ordinances of the community ● Gambling
● Lighted or ignited objects

● Minority, ethnic, or racial slurs or intimidation ● Possession of a weapon
● Possession, sale, or use of drugs and alcohol on school property or at school sponsored functions, or being under the influence of drugs and alcohol on school property or at school sponsored functions
● Possession, sale, or use of firecrackers or other fireworks

● Retaliation against a student for reporting bullying or for assisting in an investigation ● Terroristic Acts
● Terroristic Threats ● Theft
● Third offense of cheating and plagiarism

Examples of Disciplinary Options:

● Confiscation

● Temporary suspension ● Full suspension
● Restitution of property or damages ● Expulsion
● Referral to police or district magistrate ● Referral to outside agency

In cases of temporary or full suspension or exclusion, students shall be entitled to due process rights as outlined in the section entitled “Students Rights and Responsibilities.”

ALevel IV suspension may result in a School Board Hearing for further disciplinary action; possibly expulsion. 17

Definitions of Key Terms

Detention: requiring a student’s presence before or after the regular school day or during lunch time for disciplinary reasons

Due Process: a student’s right to be informed of charges and be heard before the designated authority

Expulsion: exclusion from school, after formal hearing, for an offense for a period exceeding ten school days; this may be permanent expulsion from school

Full suspension: exclusion from school for an offense for a period of up to ten days, after an informal hearing before the principal is offered to the student and the student’s parent/guardian/guardians

Modified Day: a change designated in a student’s daily schedule by the principal

Temporary Suspension: exclusion from school for an offense for a period of up to three school days, by the principal, after a conference with the student

Weapon: an instrument of offensive or defensive combat; something to fight with; anything used, or designed to be used in injuring someone else; the administration retains final authority in determining what constitutes a weapon, especially when evaluating potential danger

For further information on any referenced Board Policies and for all Board Policies, please refer to the Keystone Oaks School District’s website or you may contact either the High School or the Administrative offices.

All policies contained in the Student Handbook are subject to change based on the adoption of new policies and revision of current procedures by the School Board.

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