Policy 5600 Pupil Discipline/Code of ConductPage 1 of 10

5600 Pupil Discipline/Code of Conduct

Introduction

Newark Educators’ Community Charter School is committed to establishing a safe environment where students are able to grow academically, socially, and emotionally. Newark Educators’ Community Charter School values positive and preventative measures as a means to creating a safe, connected, supportive environment.

All students at the Newark Educators’ Community Charter School will be expected to practice appropriate behavior in the school building, on school buses, and outside the school building when they are representing the school, i.e., on school field trips. Appropriate behavior will be modeled, discussed, and reinforced in every classroom and part of the school building.

Preventative Measures

Engaging and Rigorous Academic Program

Above all else, Newark Educators’ Community Charter School will ensure student safety and a low number of disciplinary actions by investing in preventative measures. For example, Newark Educators’ Community Charter School teachers will challenge students with a rigorous and engaging curriculum that focuses on independence, collaboration, and peaceful conflict resolution.

Conflict Resolution Program

The Principal and staff of NECCS will implement theResponsive Classroom across all grade levels. This will include professional development by a trained facilitator with extensive experience using the program in a school setting.

Culture of Respect

The Principal and staff of NECCS will nurture a culture of mutual respect between all members of the school community.

Profession Development

Staff will receive training on Newark Educators’ Community Charter School’s discipline policies and measures for disciplining students, including in-school and out-of-school suspensions and additional disciplinary measures. Professional development will also include implementing overall consistent and effective behavior management and discipline strategies in the classroom and greater school community and on field trips.

Clear Expectations and Consequences

The school will have clear expectations as well as clear consequences for its students. The Principal will develop procedures that include a description of school responses and consequences to violations of the behavioral expectations established by the Board. These responses will be graded according to the severity of the offenses, considering the developmental ages of the students and their behavioral histories pursuant to N.J.A.C. 6A:16-7.1( c)5.

School staff will ensure that parents and students are well informed of these policies presented as a Code of Conduct both before enrollment and at the time of student enrollment.

Policy Manual

Newark Educators’ Community Charter School teachers, parents, and professional staff will develop a detailed Code of Conduct, to be approved by the Board, which conforms to New Jersey state law 18A: 37-2; 37-2.1. Newark Educators’ Community Charter School will define school rules regarding student conduct and will outline sanctions to be imposed for breach of these rules. Students must agree to conform to reasonable standards of socially acceptable behavior, to respect the person, property and rights of others, and to obey constituted authority and respond to those who hold that authority. Each student must adhere to these rules and regulations, and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. In developing regulations to implement this policy, the Principal shall provide appropriate recognition for students who consistently maintain high standards of self-discipline and good citizenship.

The student discipline policy and expulsion criteria will be disseminated by providing a copy of the Policy Manual to every student’s family, to each staff member, and by making a copy available to any other stakeholder who requests it.

Substance Abuse

Newark Educators’ Community Charter School will impose penalties for substance abuse in accordance with the New Jersey Zero Tolerance Law. The School will facilitate student access to prevention, education, counseling, and treatment, where appropriate and legally permissible.

Regulations

The Newark Educators’ Community Charter School will establish school regulations that are uniform for all students and stated clearly to avoid misunderstandings. The school will inform all staff, students and families of these regulations. Staff will provide written reports of any student infractions to the Principal. The Principal may refer for further evaluation and assistance, any student with ongoing disciplinary problems. Students placed on suspension will also be referred for further evaluation, and can only return to school after a parent-teacher conference.

Code of Conduct

The Code of Conduct will be modified from the following model and the sections that follow.

To ensure that an environment is created where teaching and learning can flourish, the school will develop a series of rules that address proper student behavior, maintenance of order within the school and while people are engaged in school activities, and a statement of student rights and responsibilities.

In all disciplinary matters, students will be given notice and will have the opportunity to present their version of the facts and circumstances leading to the imposition of disciplinary sanctions to the staff member imposing such sanctions. Depending on the severity of the infraction, disciplinary responses include suspension (short or long term), detention, exclusion from extracurricular activities, and expulsion. Where appropriate, school officials also will contact law enforcement agencies.

Student Records

The Newark Educators’ Community Charter School shall maintain written records of all suspensions and expulsions including the name of the student, a description of the behavior engaged in, the disciplinary action taken, and a record of the number of days a student has been suspended or removed for disciplinary reasons.

When a student transfers to a public school from another public school, all information in the student’s record related to disciplinary actions taken against the student b the school and any information the school has obtained pursuant to N.J.S.A. 2A:4A-60, Disclosure of Juvenile Information, Penalties for Disclosure, shall be provided to the receiving public school, in accordance with the provision of N.J.S.A. 18A:36-19(a), N.J.A.C. 6A:32(e)10.iv, and N.J.A.C. 6A:16-7.10.

Maintenance of Public Order on School Property

The following rules shall govern the conduct of students, teachers, staff, licensees, invitees, and other persons, whether or not their presence is authorized, on all property or facilities operated under the auspices of the school. These rules and penalties are not to be considered exclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal, State or local law, rule, regulation or ordinance, or the imposition of a fine or penalty provided for therein. Additionally, these rules and regulations should not be construed to limit, but rather exist in conjunction with any other codes of conduct established for the school, such as a disciplinary code and/or a bill of student rights and responsibilities.

Prohibited Conduct

No person, either singly or in concert, shall:

  • Willfully cause physical injury to any other person, or threaten to use force, which would result in such injury.
  • Neither physically restrain or detain any other person, nor remove such person from any place where he or she is authorized to remain, except as necessary to maintain the established educational process.
  • Willfully damage or destroy school property, nor remove or use such property without authorization.
  • Without permission, express or implied, enter into any private office or classroom of an administrative officer, teacher, or staff member.
  • Enter or remain in any building or facility for any purpose other than its authorized use or in such a manner as to obstruct its authorized use by others.
  • Without authorization, remain in any building or facility after it is normally closed, nor without permission enter any building or facility prior to its normal opening.
  • Refuse to leave any building or facility after being required to do so by the Principal or an authorized administrative officer or his or her designee.
  • Willfully obstruct or interfere with the free movement of persons and vehicles.
  • Deliberately disrupt or prevent the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interfere with the freedom of any person to express his or her views, unless such disruption is necessary to maintain order of the educational process.
  • Possess on school property any rifle, shotgun, pistol, revolver, knife, chain, club or other weapon, whether or not the person has a license to possess such weapon. Furthermore, it is the duty of the Principal to inform the police of the presence or use of any such weapon or implements used as weapons on school property.
  • Commit acts that threaten the safety and welfare of persons on school property.
  • Violate any federal or State statute or regulation, local ordinance or school policy.
  • Possess, use or distribute alcohol, drugs or drug paraphernalia.
  • Harass or coerce any person.
  • Refuse or fail to comply with a lawful order or direction of a school official in the performance of his or her duty.
  • Distribute or post on school property any written material, pamphlets or posters without the prior approval of the Principal.

Penalties and Enforcement

  • Penalties for violations of these rules include, but are not limited to:
  • the withdrawal of authorization to remain upon school property;
  • ejection;
  • arrest;
  • for students, suspension or other disciplinary action; and
  • for school employees, dismissal or other disciplinary action.

Staff members are required to report known violations of these rules to the Principal and to make reasonable efforts to stop the prohibited conduct. The Principal is responsible for the enforcement of these rules.

Student Rights and Responsibilities

Participation in School Activities: All students have the right to have the opportunity to take part in all school activities on an equal basis regardless of race, sex, national origin, creed, or disability; and to address the school on the same terms as any citizen. Similarly, all students are bound by the same rules for exclusion from school activities and public address.

Records: Charter Schools are subject the federal Family Education Rights and Privacy Act of 1974 (FERPA) which requires a school to protect a student's privacy. The school will not disclose any information from the student's permanent records except as authorized pursuant to FERPA, or in response to a subpoena, as required by law. The parent(s) or guardian(s) of a student under 18 years of age, or a student 18 years of age or older, is entitled to access to the student's school records by submitting a written request to the Principal. Further information concerning the disclosure of student information and limitations on such disclosure may be found in FERPA.

Freedom of Expression: Students are entitled to express their personal opinions orally, in writing, or by symbolic speech. The expression of such opinions, however, shall not interfere with the freedom of others to express themselves, and written expression of opinion must be signed by the author. Any form of expression that involves libel, slander, the use of obscenity, or personal attacks, or that otherwise disrupts the educational process, is prohibited. All forms of expression also must be in compliance with the Student Disciplinary Code and the school dress code, violations of which are punishable as stated in the Disciplinary Code. Student participation in the publication of school sponsored student newsletters, yearbooks, literary magazines and similar publications is encouraged as a learning and educational experience. These publications, if any, shall be supervised by qualified faculty advisors and shall strive to meet high standards of journalism. In order to maintain consistency with the school's basic educational mission, the content of such publications is controlled by school authorities.

No person shall distribute any printed or written materials on school property without the prior permission of the Principal. The Principal may regulate the content of materials to be distributed on school property to the extent necessary to avoid material and substantial interference with the requirements of appropriate discipline in the operation of the school. The Principal may also regulate the time, place, manner and duration of such distribution.

Search and Seizure: A student and/or the student's belongings may be searched by a school official if the official has a reasonable suspicion to believe that a search of that student will result in evidence that the student violated the law or a school rule. Items which are prohibited on school property, or which may be used to disrupt or interfere with the educational process, may be removed from the student by school authorities. Student lockers and desks remain the property of the school, though the school is not responsible for books, clothing, or valuables left in lockers or desks. A student shall not place or keep in a locker or desk any article or material which is of a non-school nature and may cause or tend to cause the disruption of the mission of the school.

The following rules shall apply to the search of school property assigned to a specific student and the seizure of illegal items found therein:

  • School authorities will make an individual search of a student's locker or desk only when there is reasonable suspicion to believe that a student is in the possession of an item which is prohibited on school property or which may be used to disrupt or interfere with the educational process.
  • Searches shall be conducted under the authorization of the Principal or his/her designee.
  • Items which are prohibited on school property, or which may be used to disrupt or interfere with the educational process, may be removed from student lockers or desks by school authorities.

Off-Campus Events: Students at school sponsored off-campus events shall be governed by all the guidelines of the school and are subject to the authority of school officials. Failure to obey the lawful instructions of school officials shall result in a loss of eligibility to attend school sponsored off-campus events and may result in additional disciplinary measures in accordance with the Student Disciplinary Code.

Handicapped

Educationally handicapped pupils are subject to the same disciplinary procedures as non-handicapped pupils and may be disciplined in accordance with their individual educational plan. The Child Study Team will evaluate any serious infractions by a handicapped student to determine appropriate action. Policy outlines that prior to disciplining a classified pupil, Newark Educators’ Community Charter School staff must determine that the student’s behavior is not primarily caused by his/her handicap ands these students are in an educational program and setting that meets their needs.

Implementation

The Principal shall ensure that the rules for this policy are applied consistently and uniformly, and that all disciplinary sanctions are carried out with necessary due process.

Definition of Minor Disciplinary Actions

  • Teacher Detention: Teachers can assign detention for students who break school rules. The student will report after school to the classroom teacher.
  • Central Detention: Administrators can assign central detention for students who break school rules. The student will report to this faculty supervised disciplinary program held after school.
  • Violations, Infractions and Penalties: All violations of school rules resulting in central detention, in-school suspension and out-school suspension involve parent/guardian contact by telephone and a scheduled conference. In cases of students disciplined after school, parents will be notified of disciplinary action. The Newark Educators’ Community Charter School will not detain any child without first notifying the child’s parents. The school will contact the parents on the day of the infraction and confirm with a written notice. The disciplinary policy discourages the use of after-school discipline for students with transportation needs. If deemed appropriate, the School Administrator must approve after school detention for these children and will provided the appropriate transportation to accommodate the detention.

Suspensions

A student may be suspended from the Newark Educators’ Community Charter School based on criteria determined by the Board of Trustees, which are consistent with the provisions of N.J.S. 18A: 37-2, and approved by the commissioner as part of the school’s charter. The Principal, after teacher consultation, may recommend student expulsion.

Extreme violations or repeated minor violations of the Board approved Code of Conduct will be considered grounds for suspension or expulsion. The Newark Educators’ Community Charter School will apply disciplinary action for conduct infractions in situations related to school activities and/or attendance and occurring on school property, including school buses.

The Newark Educators’ Community Charter School will adopt the N.J.S.A18A: 37-2, causes for suspension or expulsion of pupils, conduct which shall constitute cause for suspension or expulsion. These include:

  1. Continued and willful disobedience
  2. Open defiance of the authority of any teacher or person having authority over him
  3. Conduct of such character as to constitute a continuing danger to the physical well being of other pupils
  4. Physical assault upon another pupil
  5. Taking, or attempting to take, personal property or money from another pupil, or from his presence, by means of force or fear
  6. Willfully causing, or attempting to cause, substantial damage to school property
  7. Participation in an unauthorized occupancy by any group of pupils or others of any part of the school, and failure to leave the school promptly after having been directed to do so by the person(s) in charge of the facility
  8. Incitement which is intended to and does result in unauthorized occupation by any group of pupils or others in the school
  9. Incitement which is intended to and does result in truancy by other pupils
  10. Knowing possession or knowing consumption of alcoholic beverages or controlled dangerous substances on school premises, or being under the influence of intoxicating liquor or controlled dangerous substances while on school premises

Assault by a student on a teacher, administrator, Board member or other employee acting in the performance of his/her duties will result in immediate suspension from school. Due process proceedings will follow pursuant to 18A: 37-2.1. Pursuant to 18A: 37-8, any student who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or found knowingly in possession of a firearm on school property, a school bus, or at a school-sponsored function shall be immediately removed from the school’s regular education program. Due process proceedings will follow.