Student Discipline

The Board of Education has the legal authority to make all needed policies, rules, and regulations for organizing and governing the school district.  This includes the power to suspend or expel a student for conduct which is prejudicial to good order and discipline in the schools or impairs the morale or good conduct of the students.  These policies, rules, and regulations will apply to all students in attendance in district instructional and support programs, as well as at school-sponsored activities and events.  Students who have been charged, convicted, or pled guilty in a court of general jurisdiction for commission of a felony may be suspended in accordance with law.

Building principals are responsible for the development of rules and regulations regarding student conduct needed to maintain proper behavior in schools under their supervision.  Principals, subject to appropriate due process procedures, may summarily suspend any student for up to ten (10) school days for violation of these policies, rules, and regulations.  Notice of suspension shall be given immediately to the parent or guardian, and the superintendent.

Flagrant disregard for policies, rules and regulations, or continued truancy may result in suspension by the superintendent or expulsion by the Board, both subject to appropriate due process procedures.  the superintendent may suspend a student for up to 180 school days;  however, expulsion of students is a function only of the Board of Education.

Teachers shall have the authority to make and enforce necessary rules for the internal governance in the classroom, subject to review by the building principal.  The Board expects each teacher to maintain a satisfactory standard of conduct in the classroom.

Any time a referral that warrants formal disciplinary action is submitted, a reasonable effort will be made by the principal to either contact the parent or guardian by written notice delivered by the student, through the mail, or by direct telephone contact.

All employees of the district shall annually receive instruction related to the specific contents of the district's discipline policy and any interpretations necessary to implement the provisions of the policy in the course of their duties, including by not limited to approved methods of dealing with acts of school violence, disciplining students with disabilities, and instruction in the necessity and requirements for confidentiality.

The comprehensive discipline policy of the district is composed of this policy and all sub coded policy codes.  This includes, but is not limited to, the following policies and regulations:  JG-R, JGA, JGB, JGD, JGE, and JGF.  A copy of the district's comprehensive discipline policy will be provided to every student and parent or guardian of every student at the beginning of each school year and will be available in the superintendent's office during normal business hours.

*****

FILE:  JG
Critical
 

Adopted:  November 12, 1996

Cross Refs:    JFA, Student Due Process Rights
                     JGA, Corporal Punishment
                     JGB, Detention and/or In-School Suspension of Students
                     JGD, Student Suspension and Expulsion
                     JGE, Discipline of Disabled Students
                     JGF, Discipline Reporting and Records

Legal Refs:        160.261, 167.161-171, 171.011, RSMO

New York School District, Hamilton, Missouri

*******

Student Discipline

The Student Code of Conduct is designed to foster student responsibility, respect for the rights of others, and to ensure the orderly operation of district schools.  No code can be expected to list each and every offense which may result in the use of disciplinary action.  However, it is the purpose of this code to list certain offenses which, if committed by a student will result in the imposition of a certain disciplinary action.  Any conduct not included herein, or an aggravated circumstance of any offense or an action involving a combination of offenses may result in disciplinary consequences that extend beyond this code of conduct as determined by the principal, superintendent, and/or Board of Education.

1.  Arson--Starting a fire or causing an explosion with the intention to damage property or buildings.

    First Offense:    11 - 180 days out-of-school suspension or expulsion, notification to law
                            enforcement officials, and documentation in student's discipline record.

    Subsequent Offense:  Expulsion, notification to law enforcement officials, and documentation in
                                     student's discipline record.

2.  Assault

    a.  Attempting to cause injury to another person; intentionally placing a person in reasonable
        apprehension of imminent physical injury.

        First Offense:    In-school suspension, 1-180 days out-of-school suspension, or expulsion,
                                notice to law enforcement officials, and documentation in student's
                                discipline record.

         Subsequent Offense:  11-180 days out of school suspension or expulsion, notification
                                           to law enforcement officials, and documentation in student's discipline
                                           record.

    b.  Attempting to kill or cause serious physical injury to another.

        First Offense:   Expulsion, notification to law enforcement officials, and documentation in
                                Student's discipline record.

3.  Bus Misconduct--Any offense committed by a student on a district-owned or contracted bus shall be punished in the same manner as if the offense had been committed at the student's assigned school.  In addition, bus riding privileges may be suspended or revoked.

4.  Disparaging or Demeaning Language--Use of words or actions, verbal, written or symbolic meant to harass or injure another person, i.e., threats of violence or defamation of a person's race, religion, gender, or ethnic origin.  Constitutionally protected speech will not be punished.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-10 days out-of-school
                            school suspension.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

5.  Disrespectful Conduct or Speech--Disrespectful verbal, written, or symbolic language or gesture which is inappropriate to public settings directed at a staff member.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-10 days out-of-school
                            school suspension.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

6.  Disruptive Speech or Conduct--Conduct or verbal, written or symbolic language, which materially and substantially disrupts classroom work, school activities, or school functions.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-10 days out-of-school
                            school suspension.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

7.  Drugs/Alcohol

        a.  Possession of or attendance under the influence of any unauthorized prescription drug, alcohol, narcotic substance, counterfeit drugs or drug-related paraphernalia.

        First Offense:    11-180 days out-of-school suspension, notification to law enforcement
                                officials, and documentation in student's discipline record.

        Subsequent Offense:    Expulsion, notification to law enforcement officials, and documentation
                                           in student's discipline record.

        b.    Sale, purchase, or distribution of any prescription drug, alcohol, narcotic substance,
               counterfeit drugs and/or drug-related paraphrenalia.

        First Offense:    Expulsion, notification to law enforcement officials, and documentation
                                in student's discipline record.

8.  Extortion--Threatening or intimidating any student for the purpose of obtaining money or anything of value.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-10 days out-of-school
                            school suspension.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

9.  False Alarms--Tampering with emergency equipment, setting off false alarms, making false reports.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-180 days out-of-school
                            school suspension, or expulsion, and possible documentation in student's
                            discipline record.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

10.  Fighting--Mutual combat in which both parties have contributed to the conflict either verbally or by physical action.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-180 days out-of-school
                            school suspension, and possible documentation in student's discipline record.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

11.  Public Display of Affection--Physical contact which is inappropriate for the school setting.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-180 days out-of-school
                            school suspension, and possible documentation in student's discipline record.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

12.  Sexual Harassment (see Board policy JBA)

    a.  Use of verbal, written, or symbolic language that is sexually harassing.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-180 days out-of-school
                            school suspension or expulsion,  and possible documentation in student's
                            discipline record.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

    b.  Physical contact that is sexually harassing.

    First Offense:    Principal/Student conference, in-school-suspension, or 1-180 days out-of-school
                            school suspension or expulsion,  and possible documentation in student's
                            discipline record.

    Subsequent Offense:  In-school-suspension or 1-180 days out-of-school suspension, or expulsion
                                    and possible documentation in student's discipline record.

13.  Theft--Theft, attempted theft or willful possession of stolen property.

    First Offense:    In-School suspension or 1-180 days out-of-school suspension, possible
                            notification to law enforcement officials, and possible documentation in
                            student's discipline record.

 Subsequent Offense:  11-180 days out-of-school suspension, or expulsion, notification to
                                   law enforcement officials, and documentation in student's discipline record.

14.  Tobacco

    a.  Posession of any tobacco products on school grounds, bus or at any school activity.

    First Offense:  Principal/ Student conference or in-school suspension

    Subsequent Offense:  In-school suspension or 1-10 days out-of-school suspension.

    b.  Use of any tobacco products on school grounds, bus or any school activity.

    First Offense:  In-school suspension or 1-3 days out-of-school suspension.

    Subsequent Offense:  In-school suspension or 1-10 days out-of-school suspension.

15. Truancy--Absence from school without the knowledge and consent of parents/guardian and/or the school administration.

    First Offense:     Principal/Student conference or 1-3 days in-school suspension.
                             Sheriff will be called if school grounds are left without permission
                             (BOE minutes:11/14/94)

    Subsequent Offense:  3-10 days in-school suspension.

16.  Vandalism--Willful damage or the attempt to cause damage to real or personal property belonging to the school, staff, or students.

    First Offense:  In-school suspension, 1-180 days out-of-school suspension, or expulsion,
                          possible notification to law enforcement officials, and possible documentation
                          in student's discipline record.

    Subsequent Offense:  11-180 days out-of-school suspension or expulsion, notification to
                                      law enforcement officials, and documentation in student's discipline record.

17.  Weapons (see Board policy JFCJ)

    a.  Possession or use of any instrument or device, other than those defined in 18 U.S.C. 921
         or 571.010, RSMo which is customarily used for attack or defense against another person;
         any instrument or device used to inflict physical injury to another person

    First Offense:    In-school-suspension, or 1-180 days out-of-school
                             expulsion,  and possible documentation in student's
                            discipline record.

    Subsequent Offense:  11-180 days out-of-school suspension, or expulsion
                                    and documentation in student's discipline record.

    b.  Possession or use of a firearm as defined in 18 U.S.C.921 or any instrument or device
         defined in 571.010, RSMo.

************************************************************************************************

Corporal Punishment
(Prohibited)

No person employed by or volunteering on behalf of the New York R-IV School District shall administer or caused to be administered corporal punishment upon a student attending district schools.

A staff member may, however, use reasonable physical force against a student without advanced notice to the principal, if it is essential for self-defense, the preservation of order, or for the protection of other persons or the property of the school district.

Adopted:  December 28, 1993, Reviewed November 12, 1996

Legal Refs:  160.261, 171.011, 563.061, RSMo

MSBA - 5/92

New York R-IV School District, Hamilton, Missouri

************************************************************************************************

Detention and/or In-School Suspension of Students

The provisions of detention or an in-school suspension program for student violations of policies, rules, and regulations shall provide principals with an additional alternative for dealing with disciplinary problems that occur in the schools.  When this alternative is appropriate, students will be assigned to serve a specified time period in the in-school suspension program.  These assignments, and the determination of the time period for them, shall be determined by the principal, or his or her designee.

Adopted:  December 28, 1993, Reviewed November 12, 1996

Cross Refs:  JG, Student Discipline

Legal Refs:  160.261, RSMo

New York R-IV School District, Hamilton, MO

************************************************************************************************

Student Suspension and Expulsion

NOTE:  The following procedures apply to all students except those who are defined by Board policy as disabled.  Procedures applicable to disabled students are described in Board policies dealing with the discipline of disabled children.

The Board of Education believes that the right of a child to attend free public schools carries with it the responsibility of the child to attend school regularly and to comply with the lawful policies, rules, and regulations of the school district.  This observance of school policies, rules, and regulations is essential for permitting others to learn at school.

Therefore, the administrative prerogative to exclude a student from school because of willful violation of school rules and regulations, willful conduct which materially or substantially disrupts the rights of others to an education, or willful conduct which endangers the student, other students or the property of the school is permitted, provided such action is taken in accordance with due process and with due regard for the welfare of both the student and the school.

The term "suspension" refers to an exclusion from school that will not exceed a specific period of time.  The term "expulsion" refers to exclusion for an indefinite period.

Suspensions

In Missouri, a principal may suspend a student for up to (10) ten school days.  A superintendent may suspend a student for up to 180 school days.  Procedures for suspending a student are outlined below.

1.    Before suspending a student, a principal or superintendent must (a) tell the student, either orally or in writing, what misconduct he or she is accused of; (b) if the student denies the accusation, explain, either orally or in writing, the facts that form the basis of the proposed suspension; and give the student an opportunity to present his or her version of the incident.

2.  If the principal or superintendent concludes that the student has engaged in misconduct punishable by suspension, the procedures described below apply unless the student is disabled.  (If the student is disabled, the procedures described in the policy dealing with the discipline of disabled children apply.)

3.  The principal or superintendent should determine whether the student should be suspended or whether less drastic alternative measures would be appropriate.  In many cases, the principal or superintendent may decide not to suspend a student unless conferences (between the teacher, student, and principal and/or between the parent, student, and principal) have been held and have failed to change the student's behavior.

4.  If suspension is imposed, the student's parents or guardians must be promptly notified of the suspension and the reasons for the action.

5.  Any suspension by a principal must be reported, immediately and in writing, to the superintendent, who may revoke the suspension, either part or in full, at any time.

6.  If a student is suspended for more than ten (10) school days, the following rules also apply:

    a.  The student, his or her parents, guardians or others having custodial care have a right to appeal the superintendent's
        decision to the Board or a committee of the Board appointed by the Board president.

    b.  If the student gives notice that he or she wishes to appeal the suspension to the Board, the suspension shall be stayed
        until the Board renders its decision, unless in the superintendent's judgment, the student's presence poses a continuing
        danger to persons or property or an ongoing threat of disrupting the academic process.

    c.  All notices of appeal shall be transmitted, either by the appealing party or by the superintendent, to the secretary of the
        Board.  Oral notices, if made to the superintendent, shall be reduced to writing and communicated to the secretary of
        the Board.

    d.  The superintendent, when notified of an appeal, shall promptly transmit to the Board a full written report of the facts
         relating to the suspension, the action taken by the superintendents, and the reasons for the action.

    e.  Upon receipt of a notice of appeal, the Board will schedule a hearing and within a reasonable time in advance of the
         scheduled date, will notify, by certified mail, the appealing party of the date, time, and place of the hearing and of the
         right to counsel, to call witnesses, and to present evidence at the hearing.

    f.  Hearings of appealed suspensions will be conducted as described in the section of this policy dealing with student
        disciplinary hearings.

Suspensions for More than 180 Days and Expulsions

Only the Board may expel a student or suspend a student for more than 180 days.  The applicable procedures are outlined below.

1.  Before recommending to the Board that a student be expelled or suspended for more than 180 days, the superintendent must (a) tell the student, either orally or in writing, what misconduct he or she is accused of; (b) if the student denies the accusation, explain, either orally or in writing, the facts that form the basis of the proposed suspension/expulsion; and give the student an opportunity to present his or her version of the incident.

2.  If the superintendent concludes that the student has engaged in misconduct and should be expelled or suspended for more than 180 days, the procedures described below apply unless the student is disabled.  (In the case of a disabled student, the procedures described in the policy dealing with the discipline of disabled children shall apply.)

    a.  The superintendent will recommend to the Board that the student be expelled or suspended for more than 180 days.
         The superintendent may also immediately suspend the student for up to 180 days.

    b.  Upon receipt of the superintendent's recommendation, the Board will follow the procedures described in the section of
         this policy dealing with  student disciplinary hearings.

3.  If the student is expelled, he or she may later apply to the Board for readmission.  Only the Board can readmit an expelled student.

Student Discipline Hearings

The Board of Education may originate student discipline hearings upon recommendation of the superintendent.  In such cases, the Board of Education will review the superintendent's report and determine whether to conduct a discipline hearing.  In addition, student discipline hearings also will be held upon written request of the student or the student's parents, to consider appeals from student suspensions in excess of ten (10) school days.  A discipline hearing will always be held in cases of suspensions in excess of 180 school days or expulsions, unless after meeting with the superintendent or designee, the parent or guardian waives, in writing, the right to an expulsion hearing.

In all hearings, whether initiated by the Board of Education or by appeal, the following procedures will be adhered to:

1.  The student and the parents/guardians will be advised of the charges against the student; their right to a Board hearing; the date, time and place of the hearing; their right to counsel; and their procedural rights to call witnesses, enter exhibits, and cross-examine adverse witnesses.  All such notifications will be made by certified mail, addressed to the student's parents or guardians.  The Board shall make a good-faith effort to have the parents or guardians present at this hearing.

2.  Prior to the Board hearing, the student and the student's parents/ guardians will be advised of the identity of the witnesses to be called by the administration and advised of the nature of their testimony.  In addition, the student and the student's parents/guardians will be provided with copies of the documents to be introduced at the hearing by the administration.

3.  The hearing will be closed unless the Board decides otherwise.  The hearing will only be open with parental consent.  At the hearing, the administration or their counsel will present the charges and such testimony and evidence to support such charges.  The student, his or her parents/guardians or their counsel shall have the right to present witnesses, introduce exhibits, and to cross-examine witnesses called in support of the charges.   A licensed court reporter may record the hearing and prepare a written transcript.

4.  At the conclusion of the hearing, the Board of Education shall deliberate in executive session and shall render a decision to dismiss the charges; to suspend the student for a specified period of time; or to expel the student from the schools of the district.  The administration and its counsel, by direction of the Board of Education, shall promptly prepare and transmit to the parents/guardians written notice of the decision.  This shall include Findings of Fact and Conclusions of Law.

Remedial Conference

Prior to the readmission or enrollment of any student who has been suspended out of school or expelled in accordance with this policy, a conference must be held to review the student's conduct that resulted in the suspension or expulsion and any remedial actions needed to prevent future occurrences of such conduct or related conduct.  The conference shall include the appropriate school officials including any teacher directly involved with the conduct that resulted in the suspension or expulsion, the student, and the parent or guardian of the student or any agency having legal jurisdiction, care, custody, or control of the student.  The Board of Education shall notify, in writing, the parents or guardians and all other parties of the time, place and agenda of any such conference.  Failure of any party to attend this conference shall not preclude holding the conference.

Adopted:  November 11, 1996

Cross Refs:  JFAA, Student Discipline Hearings
                    JG, Student Discipline
                    JGE, Discipline of Disabled Students

Legal Refs:  160.261, 162.955 - .963, RSMo
                    167.161 - .171, RSMo
                    Chapter536, RSMo
                    P.L. 94-142, The Educator for All Handicapped Children Act of 1975

New York R-IV School District, Hamilton, Missouri

************************************************************************************************

Discipline of Disabled Students

Definitions

For the purposes of this policy the following terms are defined:

1.  Change of Placement:  Any removal of a disabled student from his or her assigned classroom or service specified in an IEP or by a multidisciplinary committee responsible for determining placement, for other than short-term crisis management, for a period of more than ten (10) consecutive days, or cumulative days if a pattern of suspension is created, within the year.  Multiple suspensions which accumulate to more than ten (10) days may constitute a change in placement if a pattern of suspension results, and should be evaluated on a case-by-case basis.  Factors to be considered in determining whether a pattern of suspension is present include the number and length of suspensions, their proximity to each other, and the total amount of time a student is suspended from school.

Interventions established by a multidisciplinary committee which continue the provision of special education and related services, or interventions which do not substantially interrupt the provision of services identified by a multidisciplinary committee, or those in an IEP, will not count toward the ten-day limit.

A disabled student who brings a firearm (as defined in 18 U.S.C. 921) on school property may be placed in an interim appropriate educational setting for not more than 45 days.

2.  Disabled Student:  A student identified as disabled as defined in P.L. 94-142/IDEA or Section 504 of the Rehabilitation Act, or a student referred for a single disciplinary or multidisciplinary evaluation.

3.  Suspension:  Removal of a student from school for a definite period of time for misconduct.  A suspension of more than ten (10) consecutive days constitutes a change of placement.

4.  Expulsion:  Removal from school for an indefinite period of time for serious misconduct.

Procedures

1.  If a disabled student is charged with misconduct which may result in a suspension, the student and the student's parents or guardian shall be given oral or written notice of the charges.  If the charges are denied, the student, parent, or guardian shall be given an oral or written explanation of the facts which form the basis of the proposed suspension.  The student, with assistance of a parent or guardian, shall then be given an opportunity to present his or her version of the incident.

2.  The principal shall keep a record of all disciplinary action taken against a disabled student which, if continued for more than ten consecutive/cumulative days, would amount to a change in placement.

3.  If any disciplinary action which will result in a change in placement is proposed against a disabled student, the supervisor of special education and the chairperson of the student's multidisciplinary committee responsible for determining placement shall be notified, and the committee shall be convened as soon as practicable.

The student shall be accorded all procedural rights under federal and state law, including:

a.  Notice of the proposed action
b.  The right to examine the record
c.  Re-evaluation if a significant change in placement is proposed
d.  The right to appeal
e.  A hearing with the right to representation by counsel
f.  If a parent requests due process, the student has a right to remain in the current placement until resolution of the due process proceedings unless an agreement is reached with the parents for an alternative placement or a court injunction is obtained.

4.  If a disabled student is found by the district to present a danger to himself or herself or others, and the student's parent or guardian has not consented to an immediate change in placement pending due process procedures, then the district may seek a court order for an immediate change in placement, pending the completion of such procedures.  If the court does not determine the nature and extent of services to be provided to such child during this period, the multidisciplinary committee shall make such determination.  In the case of a disability resulting in violent behavior which causes a substantial likelihood of injury to the student or others, the district shall initiate procedures to remove the child to a more appropriate placement if the district has made reasonable efforts to minimize the risk.

5.  If the discipline proposed would result in a change in placement, the committee shall determine whether the behavior for which discipline is proposed is related to the child's disability, and whether the child is currently placed in the appropriate least restrictive environment based on a multidisciplinary evaluation.

6.  If the committee determines that the behavior is unrelated to the disability, discipline resulting in a change of placement may be imposed, including suspension or expulsion.  Parents or guardians must be notified of a change in placement.  However, special education services cannot be ceased.  A determination that the student's behavior is unrelated to the disability indicates that normal disciplinary measures recommended by the administration are appropriate.  The committee's determination may be appealed.  The nature and extent of educational services to be provided during any such period of suspension or expulsion, if any, shall be based on recommendations of the multidisciplinary committee, subject to the right of appeal.

7.  If the committee determines that the behavior is related to the student's disability, the student shall remain in the current placement pending completion of the administrative process.  Disciplinary action resulting in a change in placement may not be taken against such a student.  The committee shall modify the student's placement or IEP appropriate.

8.  Due process procedures, applicable to suspension or expulsion under state law as provided in sections 167.161 and 167.171, RSMO, shall be provided prior to suspension or expulsion of disabled students.

Adopted:  November 11, 1996

Cross Refs:  JG, Student Discipline
                   JGD, Student Suspension and Expulsion

Legal Refs:  Individuals with Disabilities Education Act, P.L. 94-142
                   504 of the Rehabilitation Act of 1973
                   160.261, 162.680, .955-.963, 167.161 - 171, RSMO
                   Honig vs. Doe, 108 S. Ct. 592 (1988)
                  Americans with Disablities Act (42 U.S.C. 12101 et. seq.)

New York R-IV School District, Hamilton, Missouri

**********************************************************************************************
 


DISCIPLINE REPORTING AND RECORDS

In compliance with state law, the Board of Education establishes explicit channels of communication between teachers, administrators, law enforcement officials and other schools concerning acts of school violence and other behaviors which endanger the welfare or safety of students, staff and patrons of the district.  The purpose of this policy is to designate specific actions committed by students which must be documented in a student's discipline record.

Definitions

The following definitions and terms apply to this policy:

1.  Act of School Violence/Violent Behavior -- The exertion of physical force by a student with the intent to do serious physical injury to another person while on school property, including a school bus in service on behalf of the district, or while involved in school activities.

2.  Serious Physical Injury -- One or more of the following acts if committed by a student enrolled in the district:

3.  Serious Violation of District's Discipline Policy -- One or more of the following acts if committed by a student enrolled
    in the district.

    *  Any act of school violence.
    *  Any offense which occurs on school grounds, on school buses, or at any school activity which is required by law to be
        reported to law enforcement officials.
    *  Any offense which results in an out-of-school suspension for more than ten (10) school days.

4.  Need to Know -- Relates to school personnel who are directly responsible for the student's education or who otherwise interact with the student on a professional basis while acting within the scope of their assigned duties.

Reporting to School Staff

School administrators shall report acts of school violence to teachers and other school district employees with a need to know.  In addition, any portion of a student's Individualized Education Program (IEP) that is related to demonstrated or potentially  violent behavior shall be provided to any teacher and other district employees with a need to know.

Teachers and other school district employees who have a need to know will also be informed by the superintendent or designee of any act committed by a student in the district which is reported to the district by a juvenile officer in accordance with state law.  The teacher shall also inform the principal if a student is discovered to possess a controlled substance or weapon in violation of the district's policy.

Reporting to Law Enforcement Officials

Any felony listed in this section, or any act which if committed by an adult would be a felony listed in this section, that is committed on school property, on any school bus, or at any school activity must be reported by the appropriate school administrator to the appropriate law enforcement agency as soon as reasonably practical.  The following acts are subject to this reporting requirement:

1.  First or second degree murder under 565.020, .021, RSMO;
2.  Voluntary or involuntary manslaughter under 565.024, RSMO;
3.  Kidnapping under 565.110, RSMO
4.  First, second, or third degree assault under 565.050, .060, .070, RSMO
5.  Sexual assault under 566.040, .070, RSMO
6.  Forcible rape or sodomy under 566.030, .060, RSMO
7.  Burglary in the first or second degree under 569.160, .170, RSMO
8.  Robbery in the first degree under 569.020, RSMO
9.  Possession of a weapon under chapter 571, RSMO
10. Distribution of drugs under 195.211, .212, RSMO
11. Arson in the first degree under 569.040, RSMO
12. Felonious restraint under 565.120, RSMO
13. Property damage in the first degree under 569.100, RSMO

In addition, the superintendent shall notify the appropriate division of the juvenile or family court upon suspension for more than ten (10) days or expulsion of any student who the school district is aware is under the jurisdiction of the court.

The principal shall immediately report to the appropriate law enforcement agenchy and superintendent any incident in which a person is believed to have committed an act which if committed by an adult would be first, second, or third degree assault, sexual assault, or deviate sexual assault against a student or school employee, while on school property, buses or at school activities.  The principal shall also notify the appropriate law enforcement agency and superintendent if a student is discovered to possess a controlled substance or weapon in violation of the district's policy.

Student Discipline Records

The Board of Education directs the superintendent or designee to compile and maintain records of any serious violation of the district's discipline policy for each student enrolled in the district.  Such records shall be made available to teachers and other school district employees with a need to know, and shall be provided in accordance with state law to any school district in which the student subsequently attempts to enroll within five (5) business days of receiving the request.  Personally identifiable student records will only be released or destroyed in accordance with state and federal law.

Confidentiality

Any information received by a school district employee relating to the conduct of a student shall be received in confidence and used for the limited purpose of assuring that good order and discipline is maintained in the schools.

*****

Adopted:  November 12, 1996

Legal Refs:  160.261, 167.020, 565.002 RSMO
                   Missouri Safe Schools Act, H.B. 1301 & 1298 (1996)

New York R-IV School District, Hamilton, Missouri