Young Scholars Kenderton Charter Discipline system Kenderton CS makes every effort to ensure each child’s success. Because of that, we have an obligation to provide for the safety and welfare of all students. If a child is persistently disruptive to the educational environment or persistently tardy or absent, Kenderton CS will work to support the needs of the scholar and family. This includes family phone calls, meetings, reflection time, and consequences connected to the behavior demonstrated. Kenderton has three levels (I, II, III) of disciplinary violations which are described below. Level I Violations: Level I Violations include, but are not limited to: Level I Violation Description Late to School or Class Arrival after the bell rings for the start any class or after school activity. Violation of Uniform Policy This includes, but is not limited to, violations of dress code, un-tucked shirt, inappropriate dress on dress down days, etc. Obscene/Abusive/ Inappropriate/Disrespectful Language This includes spoken, written, and body language that is disrespectful, inflammatory, or offensive to generally accepted community standards including religious or ethnic epithets. Inappropriate language includes rolling eyes, sucking teeth, talking back, silently mouthing words, defiantly folding arms, pouting, avoiding eye contact, slouching in chair, etc. Students are expected to follow the rules that individual teachers have established for student conduct in their classrooms. No student’s behavior can be permitted to disrupt the learning of others. Violations include: Disruptive behavior, including disruptive outbursts, talking while others are talking, throwing objects, and inappropriate gestures and sounds. Sleeping in class or putting head on desk Being unprepared, e.g. not having proper supplies & books Leaving class without permission and a hall pass Wearing headphones except for approved instructional purposes Horseplay that includes but not limited to pushing, shoving, kicking, or other physical contact, knowingly taking of another’s property done in a playful and/or confrontational manner Disruptive Behavior Gum & Food Contraband Environment Lapse of Integrity Student Personal Electronics Gum chewing is prohibited in the building. There is no eating and/or drinking allowed in class. Lunches should be stored in lockers and then taken to and eaten in the cafeteria. Students are prohibited from carrying food or drinks from the cafeteria. For additional support, students may eat lunch in their teacher’s classroom provided they have a pass from their teacher. If this pass from the teacher is abused, the Dean/Assistant Principal will revoke the privilege. Kenderton Charter School is committed to maintaining a professional and healthy environment. Students are required to maintain a clean school environment by picking up after themselves at lunch, disposing of paper in hall/class, retrieving lost/unwanted personal items, and respecting all school property. Attempt to deceive or mislead by verbalizing intentions that misrepresent a student’s actions when questioned by school personnel. Students are never permitted to use mobile phones, iPods or music devices, video game devices, laser pointers, etc…in class or hallways. All devices shall be completely turned off (not in vibration mode) and secured in the student’s locker during school hours. Using such devices is prohibited. Such devices should never be visible within class or in hallways. Once confiscated, teachers immediately give the device to front desk labeled with student’s name. Confiscated items are only returned to the parent/guardian and only during an appointment or routine time dedicated to such matters. Kenderton Charter School does not accept any responsibility for loss of student’s electronic equipment due to theft or other loss. In addition, Kenderton Charter School will not be responsible for damage or loss of a nuisance device that is confiscated by staff. Level I Consequences include (but are not limited to): loss of privileges, Choices Meter color change, deductions from Paycheck, 3 hour Friday detention, Saturday detention, suspension, and parent volunteer day(s). Level II Violations: Level II Violations include, but are not limited to: Level II Violation Description Threats, Intimidation, Provocation and Pre-fight Threats are words and/or actions that are intended to taunt, provoke, or do emotional harm. Intimidation includes aggravating or making others uncomfortable by calling others “out of their names,” passing rumors, etc. Provocation is the use of intimidation or threats to provoke a violent reaction, including poking, “getting in his/her face”, violation of personal space, aggressive gestures, etc. Pre-fight is physical aggression (e.g. pushing, shoving) that ends very quickly or is easily stopped by an adult or other student. Note, depending on the nature of the threat, intimidation, provocation or pre-fight, the Dean of Students may consider the violation to be of a Level III nature. Watching, encouraging or instigating a pre-fight/ fight before school, during school or after school is prohibited. It is our belief that bystanders play a role in escalating violence; therefore anyone watching a fight has an obligation to de-escalate the situation by staying calm, remaining nonpartisan and getting help. The use of the Internet (web pages, social networking sites, email, etc.) to intimidate, bully, defame, threaten or spread rumor or inappropriate information about another individual or group of individuals. Note, depending on the nature of the communication, the Dean of Students may consider the violation to be of a Level III nature. Plagiarism is using, without permission, the ideas & writings of another; either word for word or in substance, and representing such as one’s own. Forgery is the signing of a document in another’s name. Cheating includes deceit, fraud, or deception (i.e., copying another’s assignments, assisting another to cheat by lending one’s own work; giving or receiving aid during a testing period). This includes failure to comply with directions of teachers and other school personnel such as leaving class without permission or vulgar language directed at school personnel. Cutting includes all scheduled or rostered activities as well as leaving the building without permission Harassment means any behavior which is repeatedly and persistently annoying. Facilitating Violence Cyber-Bullying Plagiarism, Forgery, Cheating Insubordination Cutting Class Harassment Sexual Harassment Kenderton Charter School recognizes that harassment on the basis of sex is a violation both of Federal and State discrimination laws and that these laws apply to students and employees. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when: submission to such conduct is made a term of the student’s right to learning such conduct interferes with an individual’s academic performance or creates an intimidating, hostile, or offensive educational environment submission to or rejection of such conduct is used as the basis for academic decisions Forms of sexual harassment include but are not limited to the following: Derogatory comments, jokes, or slurs; sexually-oriented sounds or remarks Uninvited, unnecessary or offensive touching, pinching, patting, grabbing, brushing against another person’s body, or impeding or blocking movement Derogatory or offensive pictures, posters, cards, cartoons, graffiti, drawings, or gestures The severity of the disciplinary action will be based upon the circumstances of the infraction, and could include expulsion from school. Repeated or serious violations may also result in filing of criminal charges as deemed appropriate by the school. Gambling Gambling includes betting or wagering for money, favors, or fun. The severity of the disciplinary action will be based upon the circumstances of the infraction, and could include expulsion from school. Repeated or serious violations may also result in filing of criminal charges as deemed appropriate by the school. Damaging Of School Property and/or Property of Others (Misdemeanor) Misdemeanor damage means damage to any school property or of others of $50.00 or less. Level II Consequences include (but are not limited to): Dean Referral, parent meeting, loss of privileges, restorative action, Saturday detention, Out of School Suspension, parent volunteer day(s), or community service. Level III Violations: Level III Violations include, but are not limited to: Level III Violation Description Firearm, Weapon or Dangerous Instrument Any person found or observed on school property or school-sponsored event in possession of a firearm, weapon or dangerous instrument (i.e. BB gun, bullet, pistol, rifle, gun, disguised gun, dagger, switchblade, knife, box cutter, paint ball gun, dart gun, pepper spray or other noxious sprays, explosive or incendiary bomb or other instrument, material or device that can cause physical injury etc.) must immediately be reported to the Principal. Law enforcement officials shall be informed. Terrorist threats/act mean a communication/act to commit violence, terrorize, evacuate building, or otherwise cause serious public inconvenience or safety risk. Depending on the nature of the incident, law enforcement officials may be informed. This violation includes drug possession, use, or illicit activity on school grounds or at a school-sponsored event. Illicit activity means the intent to use, sell, store, or purchase illegal substances, and paraphernalia. School administrators will report the incident to the police and provide all information concerning the matter to law enforcement authorities. Theft means withholding, taking, or removal of personal or school property (including tests) without the owner’s consent. Depending on the nature of the incident, law enforcement officials may be informed. Terrorist Threats/Acts Drug Possession, Use, or Illicit Activity Theft Arson and/or Possession of Fireworks and Other Explosive Devices Vandalism Disorderly Conduct Assault of Staff Members, Vendors, Guests Violence, Fighting & Fighting with a Weapon Sexual Misconduct Arson means the malicious burning of another’s property. Students may not possess or use fireworks or the paraphernalia needed to explode them—matches, lighters—on school grounds or during school activity. Depending on the nature of the incident, law enforcement officials may be informed. Vandalism includes intentional or reckless damage to, or attempt to damage, the property of another, or the causing of damage while committing an act contrary to this code or to the law. Depending on the nature of the incident, law enforcement officials may be informed. Reckless behavior that could cause injury, including throwing objects (tables, chairs), pulling fire alarms, etc. Any violent act against a faculty or staff member or a visitor to Mastery Charter may result in severe penalties, including the filing a criminal complaint. Violence includes physical aggression between two or more students that escalates into punching, wrestling, knocking down, or damaging or destroying property. This means physical aggression typically that lasts more than a few seconds and is not easily broken up. Any aggression that includes use of a weapon or use of an implement as a weapon clearly falls into this category. In cases of violence with a weapon or violence that results in injury, law enforcement officials will be informed. This may include attempting or carrying out a sexual act with oneself or another person whether it is consensual or non-consensual. Depending on the nature of the incident, law enforcement officials may be informed. Level III Consequences include (but are not limited to): Disciplinary Hearing and/or Expulsion Hearing Students who have been identified to receive special education services and/or section 504 services may have additional protections within the student discipline process. Discipline Policy Academic excellence can only be achieved within a highly structured environment. Safety, order, and student discipline are fundamental to learning at KCS. While students need a challenging curriculum, dedicated teachers and proper materials, they must also have a secure environment in which to learn. Any time spent dealing with student misbehavior is lost instructional time. Therefore, KCS teachers and students are required to follow the routines and procedures of our school with strict precision. It is our responsibility to maximize every second of our school day to provide our students with the knowledge and skills required to grant them access to limitless opportunity. We can achieve this only by creating an environment that serves as the strongest platform for student achievement. This platform is built and maintained through structure, intense attention to detail, consequences, rewards, and a deep commitment and care for each and every student and our collective community. At Kenderton Charter School, we have high expectations for the kind of people our students will grow to be. We believe that students who demonstrate our PATH (Prepared/Professional, Attentive, Thoughtful, and Hardworking) core values will be empowered and prepared to enter and be successful in high school and on the path to college. We believe that each student can reach high academic standards, enjoy learning, achieve success and contribute actively to his or her community. In order to maintain a school culture that nurtures students to develop in such a manner, our school-wide behavior system is a prevention-based model, focused on modeling our core values, helping students reflect upon their behaviors (both positive and negative), and teaching them to make positive choices. Kenderton CS sets high expectations for student behavior, and reinforces positive choices in the classroom and school- wide. Students are provided with multiple opportunities to demonstrate our core values and to learn to embody those they may be struggling with. We do this by explicitly teaching students what we expect and providing appropriate reinforcement. Every adult in the school models the core values for our students through his/her work habits, professionalism, and positive interactions. Our expectations for students are evident in the relationships we build with students, our partnerships with families, and the quality of instruction in our classrooms. When students make poor choices, our behavior management system holds them immediately accountable to their behavior. This helps students recognize that their behavior is a choice – positive choices are rewarded, while poor choices are addressed with negative consequences. The behavior management system supports student development by always focusing on the belief in a child’s capacity for positive choices. In addition, we believe that our primary responsibility is to keep our children safe at all times. Kenderton CS reserves the right to intervene using certified Handle With Care techniques to make sure children are prevented from hurting themselves or others. Due Process Authority of School Administration Every teacher, designated supervisory personnel and/or school administrator, has the right to exercise the same authority as to the conduct and behavior over the pupils during the time they are in attendance at school, including traveling to and from school, as the parents or guardians may exercise over them. When the Incident Occurs Student must be brought to School Director / Dean of Students or administrator in charge. The School Director / Dean of Students must inform the student of the complaint against him. The student must be given an opportunity to respond with his side of story. Exception to the rule: prior notice of the intended suspension need not be given when it is clear that the health, safety or welfare of the school community is threatened. Written notice of suspension will be prepared for parents and given to student. Notice should also be sent to the Secretary of the Board. As a precautionary measure, a copy of the notice will be sent to the parent by certified mail. Notice must contain reasons for suspension and if for more than three (3) days, see below Suspension Suspensions for 4 to 10 days (suspensions may not be made to run consecutively beyond the 10 school day period) (1) Student and parent have the right to an informal hearing with School Director / Dean of Students (2) Informal hearing requirements: a. The informal hearing is meant to encourage the student's parents/guardian to meet with the School Director Dean of Students to discuss ways by which future offenses can be avoided. b. The steps below will be followed to ensure due process: 1. The student and the parent/guardian will be notified in writing as to the reasons for the suspension. 2. Sufficient notice will be provided with notice of the time and place of the informal hearing. 3. A student has the right to question any witnesses present at the informal hearing, and has the right to speak and produce witnesses on his/her own behalf. 4. The informal hearing will be held within the first 5 days of the suspension. For all suspensions, students shall have the responsibility to make up exams and work missed while being disciplined by suspension and shall be permitted to complete these assignments within guidelines established by the Board. Due Process Expulsion Procedures: 1. A Board decision is required to expel a student. a. Expulsion is exclusion from school for more than 10 days. All expulsions require a prior formal hearing. b. During the period prior to the hearing and decision of the Board of Trustees in an expulsion case, the student, unless on suspension, shall be placed in his normal class except: i. If it is determined after an informal hearing that a student's presence in his normal class would constitute a threat to the health, safety, morals or welfare of others; and ii. If it is not possible to hold a formal hearing within the period of a suspension, the student may be excluded from school for more than 10 school days, if the formal hearing is not unreasonably delayed. 2. Notification of the charges will be sent to the student's parents/guardian by certified mail. 3. Parents will be provided with sufficient notice of the time/place of the hearing. 4. The hearing will be held in private unless the student or parent requests a public hearing. 5. The student will have the right to be represented by counsel. 6. The student will have the right to be notified of the names of the witnesses against the student, and copies of the statements and affidavits, if any, of those witnesses. 7. The student will have the right to request that any such witnesses appear in person and answer questions or be cross-examined. (If witness is a minor, parental consent is required and must be given before the minor can appear) 8. The student will have the right to testify and present witnesses on his own behalf. 9. A record will be kept of the hearing, either by stenographer or by tape recorder. 10. The proceeding will be held with all reasonable speed. 11. In the event the student is dissatisfied with the results of the hearing, an appeal may be filed in accordance with the Local Agency Law to the Court of Common Pleas within thirty (30) days of receipt of that Adjudication. If it is alleged that a constitutional issue is involved, the student may be able to file a claim for relief in the Federal District Court. Students and their parents/guardians will be apprised of these rights. Description of the due process hearing At the beginning of the hearing, a duly authorized committee of the Board, or a duly qualified hearing examiner, who need not be a member of the board, but whose adjudication must be approved by the Board, (herein called Hearing Officer) shall inform the student and the student’s representative(s) that: The School’s and the student’s representatives shall have the right to examine and cross-examine witnesses; The student has the privilege against self-incrimination, but that if the student does testify, he/she shall be subject to crossexamination; The Charter School has the burden of proving the charges by a preponderance of the credible evidence; A transcript of the proceedings shall be maintained and made available to the student’s representative upon request; and the hearing shall be private or open to the public, as determined by the student’s representative. The person conducting the hearing shall not have intimate knowledge of the details of the charges to assure an impartial, unbiased hearing of the case. The Hearing Officer shall inform the parties that: The case will proceed by having the school present its evidence through witnesses and other evidence first; The school’s witnesses shall be subject to cross-examination by the student’s representative; and The student will then have the opportunity to present witnesses on his/her behalf, subject to cross-examination by the school’s representative. Following the conclusion of the testimony and the introduction of other evidence matters, the parties shall be afforded the opportunity to present oral arguments to the Hearing Officer indicating the reasons why the charges should be sustained or dismissed. Student Rights 1. This policy sets forth guidelines by which student rights are to be determined consistent with law. 2. The Board of Trustees has the authority and responsibility to establish reasonable rules and regulations for the conduct and deportment of students of this school. 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 these guidelines. 3. Attendant upon the rights established for each student are certain responsibilities, which include respect for the rights of others, obedience to properly constituted school authority and compliance with the rules and regulations of this school. 4. A student who has reached the age of 18 years possesses the full rights of an adult and may authorize those school matters previously handled by his/her parents. 5. The School Director / Dean of Students shall observe the disciplinary procedures consistent with law and Board policy to ensure that student rights under varying conditions are properly respected. Appeal Process A parent or guardian may make a written request to the School Leader to appeal a disciplinary action including but not limited to short-term and long-term suspensions and expulsions within twenty-four hours of receiving notification of the suspension. The School Leader will schedule the Appeal Hearing within two days of receiving the written request. The student may be represented at the hearing only by parents or guardians and one additional adult, who may be legal counsel, a member of the clergy, a social worker, etc. The hearing will be conducted by the Principal. The hearing shall be closed to the public and may include the presentation of evidence, testimony, and questioning of those present. The hearing will not be recorded verbatim by stenographic, tape, or other means. The School Leader will notify the parent or guardian of the decision within 24 hours of the Appeal Hearing. If the disciplinary decision (suspension/expulsion) is overturned, the cumulative record of the student and any other school-maintained records will reflect that conclusion. If the disciplinary decision (suspension/expulsion) is upheld and the parent or guardian wants to continue the appeal process, the parent or guardian may make a written request to the Kenderton CS Discipline Committee within two days of receiving the Principal’s Appeal Hearing decision, stating why the suspension should be reversed or modified. The Hearing Officer will schedule the Appeal Hearing within two days of receiving the written request. The student may be represented at the hearing only by parents or guardians and one additional adult, who may be legal counsel, a member of the clergy, a social worker, etc. The hearing will be conducted by the Kenderton CS Discipline Committee (as determined by the school leader). The hearing shall be closed to the public and may include the presentation of evidence, testimony, and questioning of those present. The hearing will not be recorded verbatim by stenographic, tape, or other means. The Kenderton CS Discipline Committee will notify the parent or guardian of the decision within 24 hours of the Appeal Hearing. If the disciplinary decision (suspension/expulsion) is overturned, the cumulative record of the student and any other school-maintained records will reflect that conclusion. If the disciplinary decision (suspension/expulsion)is upheld and the parent or guardian wants to continue the appeal process, the parent or guardian make a written request to the Kenderton CS Board of Trustees, stating why the suspension should be reversed or modified within two days of receiving the Kenderton CS Discipline Committee Appeal Hearing decision. The Hearing Officer will schedule the Appeal Hearing within two days of receiving the written request. The student may be represented at the hearing only by parents or guardians and one additional adult, who may be legal counsel, a member of the clergy, a social worker, etc. The hearing will be conducted by the Kenderton CS Board of Trustees Discipline Committee. The hearing shall be closed to the public and may include the presentation of evidence, testimony, and questioning of those present. The hearing will not be recorded verbatim by stenographic, tape, or other means. The Kenderton CS’ Board of Trustees will notify the parent or guardian of the decision within 24 hours of the Appeal Hearing. If the disciplinary decisions overturned, the cumulative record of the student and any other school-maintained records will reflect that conclusion. If the Kenderton CS Board of Trustees Discipline Committee upholds the suspension, the suspension shall be imposed, and such decision will be final.