Charis Youth Center

Non Public School

Policies and Procedures

CLASSROOM AND NON PUBLIC SCHOOL SUSPENSION

AND

DISCONTINUATION OF SERVICES / EXPULSION

SUSPENSION

Definition

Suspension is defined as the removal of a student from ongoing instruction for assessment purposes.

Suspension Policy Statement

It is the policy of CharisYouthCenterNonPublic School that suspension is a last resort form of behavior adjustment and, therefore, should be imposed after other means of positive behavior interventions have failed. The exception is when Charis’ Executive Director determines that the student’s presence in school would constitute a threat to the welfare and safety of students or severely disrupt the educational process of the school, in accordance with California Education Code Sec. 48900.

Any decision to interrupt or to terminate program attendance for any student should be made with full knowledge of and appreciation for the rights and welfare of the student, and other students, as well as a commitment to educational opportunity for all children. The decision must be consistent with federal and state laws governing compulsory attendance, student discipline, and special education.

Classroom Suspension

Prior to suspending a student, unless the behavior causes an imminent threat of harm to the student or other students or adults in the classroom, each Teacher and Teacher Assistant will counsel the student regarding the behavior(s) identified in Education Code Sec. 48900. It may be determined that the student requires a “time out” to refocus thoughts, actions, and behaviors. Upon returning to class, the student will contract around corrective behavior with continual monitoring. Often, the corrected behavior is taught and practiced to assure behavior modification. In addition, the student’s therapist may be invited to join the problem-solving meeting. If the behavior remains inappropriate after several attempts to counsel and contract with the student, a call is made to the parents/guardians for a phone conference. If the student’s behavior still does not modify and comply with school-acceptable behavior, a Teacher or School Principal will follow the formal disciplinary procedures as stated below.

Length of Suspension

A Teacher or School Principal mayrecommendto suspend any student from the class for any of the acts enumerated in “Grounds for Suspension” for the day of the suspension and the day following. The Teacher will inform the student of the facts leading to the decision to suspend from the class. The student will be given an opportunity to explain his/her version of the facts. The principal of Charis’ school, or the Executive Director, may suspend a pupil from the Charis School, for any of the reasons enumerated in Section 48900, and pursuant to Section 48900.5, for no more than five consecutive schooldays. Suspensions may not exceed a total of ten total school days in a school year without requesting an IEP meeting with the District to determine whether the Charis placement is appropriate.

Procedures

  1. The intent to suspend will immediately be reported to the School Supervisor.
  2. The Teacher will arrange for the student to meet with the School Supervisor for appropriate action. If that action requires the continued presence of the student at the school site, the student will be under appropriate supervision, which is usually a one-to-one plan.
  3. As soon as possible, the Teacher will ask the student’s therapist and parent/guardian to attend a conference regarding the suspension. Whenever practicable the School Supervisor, Teacher, Therapist, and school psychologist/psychiatrist will attend the conference. The Executive Director will attend the conference if the Teacher or the parent/guardian so requests.
  4. The student will not be returned to the class from which s/he was suspended, during the period of the suspension, without the concurrence of the Teacher of the class and the School Supervisor.

A Teacher may also refer a student, for any of the acts enumerated in “Grounds for Suspension”, to the School Supervisor or the school designee for consideration of a suspension from the school.

School Suspension

Grounds for Suspension

A student will not be suspended from school or recommended for expulsion unless the Executive Director or School Supervisor has determined that the student has:

  1. Caused, attempted to cause, or threatened to cause physical injury to another person.
  2. Willfully used force or violence upon the person of another, except in self-defense.
  3. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object.
  4. Unlawfully offered, arranged, or negotiated to sell any controlled substance, as listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, drugs, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid substance, or material, and represented liquid substance, or material as a controlled substance, alcoholic beverage, drugs or intoxicant.
  5. Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
  6. Committed or attempted to commit robbery or extortion.
  7. Caused or attempted to cause damage to school property or private property.
  8. Stole or attempted to steal school property or private property.
  9. Possession or use of tobacco or any products containing tobacco or nicotine products, including but not limited to cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a student of his/her own prescription products.
  10. Committed an obscene act or engaged in habitual profanity of vulgarity.
  11. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
  12. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel in the performance of their duties.
  13. Knowingly received stolen school property or private property.
  14. Processed an imitation firearm, as used in the section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
  15. Committed or attempted to commit a sexual assault as defined in Section 261,266c, 286, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.

Suspension Procedures

a.The principal of Charis’ school, or the Executive Director, may suspend a pupil from the Charis School, for any of the reasons enumerated in Section 48900, and pursuant to Section 48900.5, for no more than five consecutive schooldays. Suspensions may not exceed a total of ten total school days in a school year without requesting an IEP meeting with the placing District to determine whether the Charis placement is appropriate.

b. A suspension shall be preceded by an informal conference conducted by the principal with the pupil and, whenever practicable, the teacher and/orCharis employee who referred the pupil to the principal. At the conference, the pupil shall be informed of the reason for the disciplinary action and the evidence against him or her, and shall be given the opportunity to present his or her version and evidence in his or her defense.

c.A principal, or the Executive Director, may suspend a pupil without affording the pupil an opportunity for a conference only if the principal or Executive Director determines that an emergency situation exists. "Emergency situation," as used in this article, means a situation determined by the principal or the Executive Director to constitute a clear and present danger to the life, safety, or health of pupils or school personnel. If a pupil is suspended without a conference before suspension, both the parent and the pupil shall be notified of the pupil's right to a conference and the pupil's right to return to school for the purpose of a conference. The conference shall be held within two schooldays, unless the pupil waives this right or is physically unable to attend for any reason, including, but not limited to, incarceration or hospitalization. The conference shall then be held as soon as the pupil is physically able to return to school for the conference.

d.At the time of suspension, a Charis employee shall make a reasonable effort to contact the pupil's parent or guardian in person or by telephone. If a pupil is suspended from school, the parent or guardian shall be notified in writing of the suspension.

e.A Charis employee shall report the suspension of the pupil, including the cause for the suspension, to the contracted school district and placing agencythat placed the student in Charis NPS.

f.The parent or guardian of a pupil shall respond without delay to a request from Charis officials to attend a conference regarding his or her child's behavior. No penalties shall be imposed on a pupil for failure of the pupil’s parent or guardian to attend a conference with Charis officials. Reinstatement of the suspended pupil shall not be contingent upon attendance by the pupil's parent or guardian at the conference.

g.Immediately following the suspension from Charis Non Public School the student will return to the residence and will not be permitted to return to the school until the suspension has expired.

EXPULSION

Based on federal court decisions and related legal advisories issued by the California Department of Education, a special education student cannot be expelled for misconduct without determining whether the behavior is a manifestation of the student’s disability or the result of an inappropriate placement. This determination can be made only by the student’s IEP team.

EXPULSION/RECOMMENDATION FOR DISCHARGE

When Charis accepts a disabled student for placement into Charis’ NPS, Charis assumes contractual responsibilities to follow the federal and state laws pertaining to student discipline and the student’s rights under the IDEA. The preceding and following procedures reflect the contractual obligations of Charis, and the rights of the student under federal and state law during the time that the contract between the LEA and Charis is effective.

A.1.Pursuant to California Education Code Sec. 48915, except as provided in subdivisionB.below, the Executive Director of Charismay recommend the termination of the Master Contract with the placing school district in lieu of expulsion of the student (and maintains the discretion to recommend expulsion of the student under Educ. Code Sec. 48900) for any of the following acts committed at Charis NPS, or in the residence for a student with a residential IEP, unless the Executive Director determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:

(a) Causing serious physical injury to another person, except in self-defense.

(b) Possession of any knife or other dangerous object of no reasonable use to the pupil. (c) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for either of the following: (i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (ii) The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.

(d) Robbery or extortion.

(e) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee or other student.

2.If the Executive Director makes a determination as described in paragraph (1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.

B.The Executive Director shall immediately issue a recommendation of notice of discharge, and a notice of recommendation to expel pursuant to Educ. Code Sec. 48900, if the Executive Director determines the student has committed any of the following acts at school or at a school activity off school grounds:

(a) Possessing, selling, or otherwise furnishing a firearm. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of Charis. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.

(b) Brandishing a knife at another person.

(c) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.

(d) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.

(e) Possession of an explosive.

C.As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

D.As used in this section, the term "explosive" means "destructive device" as described in Section 921 of Title 18 of the United States Code.

______

By signing below you are agreeing to the above policy.

Parent/Guardian Signature / Parent/Guardian Print Name / Date
Student Signature / Student Print Name / Date
Placing School District Authorized Representative Signature
(If applicable) / Placing School District Authorized Representative Print Name / Date
Copy requested / Copy not requested
Authorized Representative Initials
Copy given / Copy not given
CYC Initials