Hampden Charter School of Science
STUDENT CODE OF CONDUCT 2016-2017 Updated: 8/15/2016
In accordance with M.G.L. c. 76, s. 5, Hampden Charter School of Science shall not discriminate nor tolerates harassment based on race, color, national origin, creed, sex, ethnicity, gender identity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or a foreign language, or prior academic achievement. HCSS has a zero tolerance for harassment based on these areas.
Table of Contents 1.
OVERALL GOALAT HCSS.................................................................................................................................................... 5
2.
DISCIPLINE - POSITIVE REINFORCEMENT ........................................................................................................................ 5
3.
CLASSROOM EXPECTATIONS: ........................................................................................................................................... 5
4.
HALLWAY EXPECTATIONS: .................................................................................................................................................. 6
5.
STUDENT LOCKER POLICY: ............................................................................................................................................... 7
6.
CORRECTIVE ACTIONS: .................................................................................................................................................... 7
7.
6.a
Major Corrective Actions ........................................................................................................................................ 8
6.b
Expulsion: ................................................................................................................................................................ 8
6.c
Suspension (from one day to one year) .................................................................................................................. 8
6.d
Major Infractions..................................................................................................................................................... 9
6.e
Minor Corrective Action Plan ................................................................................................................................ 10
DUE PROCESS FOR DISCIPLINARY REMOVALS AND SERVICES DURING REMOVALS ........................................................ 11 7.a
Notice Of Student And Parent Rights Under G.L. c. 71 §37H................................................................................ 12
7.b
Suspension Following Student Misconduct That Invovles Weapons, Drugs, Assault On School Staff ................. 12
7.c
Expulsion Following Student Misconduct That Invovles Weapons, Drugs, Assault On School Staff .................... 13
7.d
Notice Of Rights Under G.L. c. 71 §37H½.............................................................................................................. 13
7.e
Suspension Following Criminal Or Felony Delinquency Complaint ...................................................................... 14
7.f
Expulsion Following Felony Adjudication Or Admission ....................................................................................... 14
7.g
Notice Of Student And Parent Rights Under G.L. c. 71 §37H¾ ............................................................................. 15
7.h
Notice of Suspension and Hearing under §37H¾.................................................................................................. 15
7.i Emergency Removal .................................................................................................................................................. 16 7.j
Hearing Rights ....................................................................................................................................................... 16
7.j.1
Dean of Student's Hearing under §37H¾: Short-term Suspension................................................................... 16
7.j.2
Dean of Student's Hearing under §37H¾: Long-term Suspension .................................................................... 17
7.j.3
Director's Hearing under §37H¾ ....................................................................................................................... 18
7.k
In-School Suspension under §37H¾ ...................................................................................................................... 19
7.l Removal from Privileges and Extracurricular Activities ............................................................................................ 19 Education Services and Academic Progress under §37H¾ ................................................................................... 19
7.n
Services during Removals And School-Wide Education Service Plan.................................................................... 20
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DISCIPLINARY MEASURES: ............................................................................................................................................. 20
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8.
7.m
8.a
Fight, Arranged Fights: .......................................................................................................................................... 20
8.b
Staff Assault and/or Battery .................................................................................................................................. 21
8.c
Possession, use, or sale of illegal drugs or controlled substances ........................................................................ 21
8.d
Possession / Use of tobacco products (as mandated by ....................................................................................... 21
8.e
Possession of an illegal* or dangerous weapon; .................................................................................................. 21
8.f
Arson: .................................................................................................................................................................... 21
8.g Under the influence of alcohol or in possession of alcohol (Director or designee to determine if student is “Under the Influence”)...................................................................................................................................................... 21 8.h
Disruptive Behavior: .............................................................................................................................................. 22
8.i Engaging in acts that promote promiscuity and/or sexual contact: ......................................................................... 22 8.j
Bringing Electronic Devices to School: .................................................................................................................. 22
8.k
Academic Dishonesty / Cheating / Plagiarism:...................................................................................................... 22
8.l Uniform Violations: (please see Student Handbook for specifications) ................................................................... 22 8.m
Forgery: ................................................................................................................................................................. 23
8.n
Defiance of authority (Insubordination, Disrespect, Using profanity to staff): .................................................... 23
8.o
Steal and/or Vandalize Private Property: .............................................................................................................. 23
8.p
Unexcused Tardiness to School or to Class: .......................................................................................................... 23
8.q
Threat to staff or student: ..................................................................................................................................... 23
8.r
Habitual Truancy ................................................................................................................................................... 23
8.s
Truancy.................................................................................................................................................................. 24
8.t
Possession of Stolen Property: .............................................................................................................................. 24
8.u
Bullying/Chronic/Hazing/Sexual Harassment school offender: ............................................................................ 24
8.v
Conspiracy: ............................................................................................................................................................ 24
8.w
Leaving Campus without Permission: ................................................................................................................... 24
8.x
Reckless Vehicle Use: ............................................................................................................................................ 24
8.y
Bus Misconduct: .................................................................................................................................................... 25
8.z
Medication Policy: ................................................................................................................................................. 25
8.aa
Provoking/Intimidating Behavior Encouraging or Urging Other ........................................................................... 25
8.bb
Give a False Fire Alarm .......................................................................................................................................... 26
8.cc
Laws Regarding Drugs, Alcohol, and Firearms and Gang-Related Activities ........................................................ 26
DISCIPLINE POINT SYSTEM (DPS)................................................................................................................................... 26 HAMPDEN CHARTER SCHOOL OF SCIENCE
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9.
Consequences for Violating the Medication Policy: .......................................................................................... 25
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8.z.1
Rules of Discipline Point System ........................................................................................................................... 27 DISCIPLINE OF STUDENTS WITH SPECIAL NEEDS ....................................................................................................... 28
11.
BULLYING AND HARASSMENT .................................................................................................................................... 29
12.
HAZING ...................................................................................................................................................................... 39
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10.
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9.a
1. OVERALL GOAL AT HCSS HCSS has as its goal helping every student fulfill his or her intellectual, social, physical, and emotional potential. Everything in and about the school has been designed to create an orderly and distraction-free environment in which all students can learn effectively and pleasantly. To foster this kind of learning environment, the HCSS administrators and teachers shall not allow the following types of behavior (please see 6C at page 9) during school, on school property, or at or during any school-sponsored activity. Substitute teachers, part-time teachers, mentors, and tutors have the same authority and rights as the regular classroom teachers. In addition, before and after school activities are regarded as class time.
2. DISCIPLINE - POSITIVE REINFORCEMENT The teacher will reinforce positive behavior through any of these ways:
Oral praise Note to parents Phone call to parents Class rewards Field trips Notes to student Notes accompanying report cards Notes on papers, tests, etc. PBIS – (Positive Behavior Intervention and Supports) Student of the Month – High/ Middle School Most Improved of the Month – High/ Middle School Academic & Behavioral Rewards
3. CLASSROOM EXPECTATIONS: 1. Students are expected to be respectful of teachers, classmates, and themselves at all times. Following the individual classroom rules will help create an environment intended to maximize learning. Each teacher will discuss classroom policies and expectations. 2. No violence will be tolerated at the School. Violent or destructive acts will result in severe consequences determined by the Administration, depending upon the severity of the act. 3. Racial slurs, verbally abusive language, or bullying will not be tolerated.
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5. Students are expected to be in 1st period and in class on time.
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4. Dishonesty (such as cheating, plagiarism, and stealing) will be handled with severe consequences. Plagiarism—taking ideas or writings from another person and offering them as original ideas–will not be tolerated. Repeated offences of academic dishonesty shall prompt full scrutiny of all student grades and may result in re-testing of previous examinations.
6. Students must be fully prepared for all classes. Chronic unpreparedness will prompt a referral for disciplinary consequences. 7. All lockers should remain tidy and able to be closed for proper storage of school materials and personal belongings. 8. Littering of any kind is not allowed. 9. Eating and drinking are not allowed in the hallway and classrooms. Food and beverages are restricted to the cafeteria. 10. We learn best through imitating others; older students are expected to model good behavior for younger students. 11. No tobacco products are allowed on school property. Alcohol and controlled substances are strictly forbidden. Students in possession of illegal items will be suspended or expelled. Students found under the influence of alcohol or controlled substances while at school must be picked up by parents or guardians and will be suspended or possibly expelled. Law enforcement officials may also be notified of such conduct. One or a combination of the following consequences for violating daily classroom rules may be implemented: Options and Procedures: Each discipline case will carry its own merit and will be decided according to the facts accompanying the case. Effort will be made to discipline students while maintaining them in regular school programs. Parents are encouraged to become actively involved in the disciplinary process. In many cases, however, the following discipline procedures may take place: 1. Bus privileges may be revoked for acts of misbehavior. 2. Students may have campus driving privileges revoked. 3. Students may be excluded from extra-curricular activities. 4. Students may be suspended from school when they are a danger to themselves or others, or when they demonstrate a chronic inability or unwillingness to abide by school regulations. 5. Students may be required to perform school-based community service. 6. Students may be required to pay restitution, be assigned special projects, or asked to write a letter of apology. 7. A student may be expelled from school. In addition to disciplinary consequences, a student may be referred for counseling, risk assessments, or psychological and/or educational evaluations.
4. HALLWAY EXPECTATIONS:
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As in every part of the Hampden Charter School of Science, students are expected to behave in the halls. Everyone in the School should make an effort to control noise. Students should not shout or slam lockers. When classes are in session, students, teachers, and parents passing in the hallway are expected to keep their voices low. Students must possess a pass when traveling the halls during class time. Running and horseplay in the hallway is prohibited. Safety for all students is important at school. Students are asked to stay to the right when traveling through the hallways or on the stairs.
5. STUDENT LOCKER POLICY: Students will be issued assigned lockers at the opening of the School. No sharing or swapping of assigned lockers is permitted. All student lockers must remain tidy and be able to be closed for proper storage of materials and belongings. For safety reasons, only unframed, collapsible book bags will be permitted to be stored in school lockers. Book bags are not allowed in class. Students should keep their book bags in locker. Students are not allowed to tamper with locks. For security purposes, no outside locks will be permitted at any time. Hampden Charter School of Science is not responsible for lost or stolen personal belongings.
6. CORRECTIVE ACTIONS: Discipline problems have been classified as minor and major infractions. In an effort to insure uniformity in the discipline code, the guidelines on the following pages have been developed consistent with Massachusetts Law. The code of discipline applies whenever a student is on school grounds, is at a school-sponsored activity, is on public or private transportation to or from school or a school-sponsored activity, is walking or waiting for transportation to or from school or a school-sponsored activity, or engages in serious misconduct outside the school that causes disruption or disorder to the school environment. Throughout the discipline procedure, the substantive and procedural rights of the students, as well as the teachers, will be observed. The handling of major disciplinary infractions, including but not limited to weapons violations and assault cases, is the responsibility of the Director and the discipline committee. Within the established guidelines, hearings must be held with the Director or designee as Hearing Officer. The Director may impose a long-term suspension or an expulsion depending upon testimony presented on the record and preserved on tape. 1. Any student who is found on school premises or at school sponsored or school-related events, including athletic games, or on the way to or from school or such events as named above, whether on foot, on school provided transportation, on public transportation, or on private transportation, or while waiting for any form of transportation, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in Chapter 94C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school by the Director.
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3. Any student who is charged with a violation of either paragraph (1) or (2) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the Director. After said hearing, Director may, at his/her discretion, decide to expel a student who has been determined by the Director to have violated provisions in either paragraph (1) or (2) noted above.
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2. Any student who assaults the Director, Assistant Director, teacher, teacher's aide or other person on school premises or at school sponsored or school-related events, including athletic games, may be subject to expulsion from the school by the Director.
Students who violate the following rules on school premises or at school-sponsored or school- related events including athletic games, or on the way to or from school or such events as named above, whether on foot, on school-provided transportation, on public transportation, or on private transportation, or while waiting for any form of transportation, will be SUSPENDED or, in some cases, EXPELLED. Expulsion means the loss of a seat at HCSS. Students are NOT allowed to bring to school dangerous objects of no reasonable use to a student in school, such as knives, guns, mock guns, studded belts or bracelets, or other weapons or weapon paraphernalia prohibited by state law.
6.a Major Corrective Actions School-related offences include those occurring on school grounds; during a school-sponsored activity; on public or private transportation to or from school or a school-sponsored activity; while walking or waiting for transportation to or from school or a school-sponsored activity; when serious misconduct outside the school will have an adverse effect on the maintenance of discipline in the school.
6.b Expulsion: The following cases will result in possible expulsion from school.
Possession of firearms, knives, guns, mocks guns, studded belts or bracelets, or other weapons prohibited by state law. Possession of a dangerous object. To threaten to harm another person with a weapon. To harm or attempt to harm another person with a weapon or dangerous weapon. The use of a mock gun in a threatening manner. Possession or using or selling any non-prescribed controlled substance, narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind. Sexually assaulting or trying to assault a staff member or a student. To commit assault, including sexual assault, or assault and battery on another person. Has been convicted/charged of a felony or felony delinquency (or upon adjudication or admission in court of guilt). Engages in acts of harassment related to sexual orientation. Assaulting any staff member or visitor during school or a school activity. Intentionally burning or attempting to burn property.
6.c Suspension (from one day to one year)
Causes physical injury to another person; Endangers the physical safety of another person by the use of force or threats of force (including hazing); HAMPDEN CHARTER SCHOOL OF SCIENCE
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Following cases are subject to possible suspension from school. If the student
Uses any object in a dangerous or threatening manner; Endangers the safety of others by setting fire; Consistently fails to attend school-required counseling while attending school violates the Code of Discipline; Violates the civil rights of others; Uses racial or ethnic slurs, profanity, or obscene language in a persistent and/or abusive manner; Substantially disrupts school or classroom activity in a repeated, aggravated, or flagrant manner; Occupies any school building, school grounds, or part, depriving others of its use; Blocks the entrance or exit of any school building, corridor, or room, depriving others of lawful access or egress; Prevents or attempts to prevent by physical act the safe functioning of a substantial part of any school; Continuously and intentionally makes noise or otherwise seriously prevents the teaching of other students; Makes a bomb threat or pulls/reports a false alarm; Repeatedly commits one or more of the offences for which expulsion or suspension may be imposed. Uses tobacco products (Third offences will cause EXPULSION); Attempts by force or threat of force to steal private property; (Second offence will cause EXPULSION) Causes damage to or steals school or private property; (Second offence will cause EXPULSION) Refuses to identify self at the request of staff or gives false identification; Is persistently present in a part of the school building or grounds off limit to students; Leaves the school building without permission; Engages in excessive cutting of classes; Possession of obscene materials; Smoking—possession or use of any tobacco products; including e-cigarettes and vapor pens. Verbal assault of a teacher or using profanity/vulgar language toward a school staff/visitor; Gambling; Use of unauthorized translations or published notes; Defacing/destroying school property; Verbally or physically threatening to injure or harm another person or intimidating another person by creating fear for personal safety; Bringing alcoholic beverages to school or having alcoholic beverages in his/her possession, or coming to school under the influence of alcohol or drugs or at any school related event; Fighting or hitting another person in the school; Helping unauthorized visitors to get into the school; Engaging in acts that promote promiscuity and/or sexual contact with or without mutual consent; Verbally or physically threatening to injure or harm any school staff member; Forcibly entering a school building locker, classroom, or secured enclosure NOTE: A student shall be referred to the Counseling service for committing any expellable offence.
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The following infractions will also be considered major and subject to detention, alternative study room, or suspension. It should be noted that a student would be given a hearing to guard their substantive and procedural rights in these matters.
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6.d Major Infractions
Truancy Cutting class Cheating Accumulation of Discipline Points Deliberate lying Insolence to the school staff Creating a disturbance of school routine Leaving class without authority Serious and repeated violation of school rules Malicious damage to property of others Disruption of classes Forgery Posting or distributing materials on school property that cause a disruption to the educational process Using abusive or profane language (including name calling/racial slurs) Intentionally participating in or initiating actions that result in the disruption of the entire school Vandalism and/or destruction of the property Pushing another student Trespassing, including entering the school to which the student is not assigned without signing in at the office, entering the school from which the student is suspended without permission from the Director, or intentionally participating in hazing activities Engaging in an activity that may create a condition that is unsafe or unhealthy to others. Bringing inappropriate materials.
NOTE: Repetitive violation (3-5 times) of offences in the list above may result in a recommendation for an expulsion hearing. SPECIAL EDUCATION STAFF MUST BE DIRECTLY INVOLVED WHEN EXCLUSIONARY DISCIPLINE IS BEING CONSIDERED FOR SPECIAL EDUCATION STUDENTS. In a democracy, everyone has the right to be treated fairly, even when it seems that he or she has violated rules or laws. Students are entitled to due process outlined in the Code of Conduct. At the hearing, student and parents must be told what the charge is. They have the right to tell their side of the story. The purpose of these standards and rules is to develop self-discipline; to prevent trouble from arising; and to make our schools safe and wholesome places in which to learn. Any changes made to the Code of Conduct will be distributed to all students and will be available in the school office or online.
6.e Minor Corrective Action Plan Discipline point Alternative Study Room (ASR) Censure HAMPDEN CHARTER SCHOOL OF SCIENCE
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Minor infractions of the HCSS Discipline Code will result in:
1.
2.
3.
4.
5.
6. 7.
8.
Behavior Contract After school detention Recess Detention Parental consultation / follow up sheet Saturday detention Alternative Discipline Suspension (In-School Suspension {ISS}/External Suspension{OSS}) Expulsion Discipline point is the notification by the issuing teacher to the student of a minor infraction of the rules. Accumulation of discipline points during a given week, marking period, and/or year will result in a failing grade in conduct and further disciplinary action. Discipline point may be issued anywhere in the school building. (SEE DISCIPLINE POINT SYSTEM CHART FOR FURTHER INFO) Alternative Study Room (ASR) is the exclusion of a student from specified classes and school activities for a specified time. The student is supervised within the school and is expected to complete assigned work for all academic classes while in ASR. Censure is the official reprimand by the school and notification to the parents of a major discipline problem. A censure slip sent to the parents must be returned signed. Students censured may be excluded from all extracurricular activities for a period of up to one week and will be assigned up to three (3) days in detention. Afterschool Detention / Saturday Detention are held daily after school or on Saturdays as a penalty for minor infractions. Detention takes precedence over extracurricular activities including sports and work. NOTE: Detentions will be held in the ASR or in an Alternative Room and the rules will be posted on the wall. Failure to report to detention will cause Saturday detention. Failure to attend Saturday detention will result in out of school suspension up to 3 days. Recess Detention is held weekly during all four recess periods and is a five day consequence for an accrual of 25 discipline points. Students will be notified at the beginning of the week, and should report daily. If staff needs to pull students out of recess further repercussions could occur. Parental Consultations is having meetings with the parent to discuss the corrective action plans. Suspension is the exclusion of a student from all classes, from school, and from school activities for a specified time (This can either be In-School Suspension or Out-of-School Suspension). As part of the process a parent/guardian conference must occur. A student who is suspended is automatically prevented from participating in the next regularly scheduled interscholastic activity or competition in which he/she is involved and may be barred from all extracurricular activities for up to two weeks. Expulsion is the permanent removal of a student from HCSS.
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Student disciplinary offenses resulting in removal from the classroom (i.e. suspensions and expulsions) are subject to due process procedures, including notices, hearings, appeals, and educational services during removals. The following sections provide you with information about these rights. Please note that students have the right to be represented by counsel or a lay person of the student’s choice, at the student’s/parent’s expense, at any and all hearings concerning student discipline. If you wish to bring an
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7. DUE PROCESS FOR DISCIPLINARY REMOVALS AND SERVICES DURING REMOVALS
attorney to any hearing or meeting at the school, please inform Hampden Charter School of Science immediately. If you fail to inform the school prior to bringing an attorney to a hearing, and Hampden Charter School of Science’s attorney is not present, then Hampden Charter School of Science will exercise its right to cancel and reschedule the meeting to ensure that its attorney can attend. This rescheduling may delay the hearing or meeting, and if so, your child’s disciplinary removal will be extended until a decision is rendered following the rescheduled hearing or meeting. Hampden Charter School of Science hereby notifies you that it may have its legal counsel present at any hearings and meetings involving student discipline.
7.a Notice Of Student And Parent Rights Under G.L. c. 71 §37H This Notice of Student and Parent Rights applies to student misconduct that involves weapons, drugs, assault on school staff. Specifically, any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife, may be subject to expulsion from the school by the Dean of Students. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a controlled substance, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school by the Dean of Students. Any student who assaults the Director, Dean of Academics, Dean of Students, teacher, teacher’s aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the Dean of Students. Any student who is charged with any of the misconduct detailed above has an opportunity for a hearing before the Dean of Students. At the hearing, the student may have representation at his or her own expense, along with the opportunity to present evidence and witnesses at said hearing before the Dean of Students. After said hearing, the Dean of Students may, in his discretion, decide to suspend rather than expel a student who has been determined by the Dean of Students to have committed the misconduct detailed above. Any student who has been expelled from a school district pursuant to GL c. 71 §37H shall have the right to appeal to the Director. The expelled student shall have ten days from the date of the expulsion in which to notify the Director of his appeal. The student has the right to counsel, at his or her own expense, at a hearing before the Director. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section. Students who are suspended or expelled under §37H are entitled to receive educational services during the period of suspension or expulsion under Hampden Charter School of Science’s Education Service Plan, which is described below in Section 7.p. If the student withdraws from the charter school and/or moves to another school district during the period of suspension or expulsion, the new school/district/district of residence shall either admit the student to its schools or provide educational services to the student under the new school or district’s education service plan.
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Upon the finding of weapons, drugs, assault on school staff by a student, the Dean of Students of the school in which the student is enrolled may suspend such student for a period of time determined appropriate by the Dean of Students if he or she determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student is entitled to receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also
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7.b Suspension Following Student Misconduct That Invovles Weapons, Drugs, Assault On School Staff
receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the Director. The student shall have the right to appeal the suspension to the Director. The student shall notify the Director in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The Director shall hold a hearing with the student and the student’s parent within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The Director shall have the authority to overturn or alter the decision of the Dean of Students, including recommending an alternate educational program for the student. The Director shall render a decision on the appeal within five calendar days of the hearing. The Director’s decision shall be the final decision of Hampden Charter School of Science with regard to the suspension.
7.c Expulsion Following Student Misconduct That Invovles Weapons, Drugs, Assault On School Staff Upon the finding of weapons, drugs, assault on school staff by a student, the Dean of Students of the school in which the student is enrolled may expel said student if the Dean of Student’s determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. This written notification shall include the student’s right to a hearing with the Dean of Students before the expulsion takes effect, including date, time and location. Student’s parent or guardian will be present at the hearing. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion and the opportunity to receive educational services; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the Director. The student shall have the right to appeal the expulsion to the Director. The student shall notify the Director, in writing, of his request for an appeal no later than ten (10) calendar days following the effective date of the expulsion. The Director shall hold a hearing with the student and the student’s parent within three calendar days of the expulsion appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, shall have the right to counsel and the right to confront and cross examine witnesses presented by the school. The Director shall have the authority to overturn or alter the decision of the Dean of Students, including recommending an alternate educational program for the student. The Director shall render a decision on the appeal within five calendar days of the hearing. The Director’s decision shall be the final decision of Hampden Charter School of Science with regard to the expulsion. Students who are suspended or expelled under §37H are entitled to receive educational services during the period of suspension or expulsion under Hampden Charter School of Science’s Education Service Plan, which is described below in Section 7.p. If the student withdraws from the charter school and/or moves to another school district during the period of suspension or expulsion, the new school/district/district of residence shall either admit the student to its schools or provide educational services to the student under the new school or district’s education service plan.
7.d Notice Of Rights Under G.L. c. 71 §37H½
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This Notice of Student and Parent Rights applies to student misconduct that involves student criminal or felony delinquency charges, findings, or admissions.
7.e Suspension Following Criminal Or Felony Delinquency Complaint Upon the issuance of a criminal or felony delinquency complaint against a student, the Dean of Students of the school in which the student is enrolled may suspend such student for a period of time determined appropriate by the Dean of Students if he or she determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student is entitled to receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the Director. The student shall have the right to appeal the suspension to the Director. The student shall notify the Director in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The Director shall hold a hearing with the student and the student’s parent within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The Director shall have the authority to overturn or alter the decision of the Dean of Students, including recommending an alternate educational program for the student. The Director shall render a decision on the appeal within five calendar days of the hearing. The Director’s decision shall be the final decision of Hampden Charter School of Science with regard to the suspension.
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Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the Dean of Students of the school in which the student is enrolled may expel said student if the Dean of Student’s determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. This written notification shall include the student’s right to a hearing with the Dean of Students before the expulsion takes effect, including date, time and location. Student’s parent or guardian will be present at the hearing. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion and the opportunity to receive educational services; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the Director. The student shall have the right to appeal the expulsion to the Director. The student shall notify the Director, in writing, of his request for an appeal no later than five (5) calendar days following the effective date of the expulsion appeal. The Director shall hold a hearing with the student and the student’s parent within three calendar days of the expulsion appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, shall have the right to counsel and the right to confront and cross examine witnesses presented by the school. The Director shall have the authority to overturn or alter the decision of the Dean of Students, including recommending an alternate educational program for the student. The Director shall render a decision on the appeal within five calendar days of the hearing. The Director’s decision shall be the final decision of Hampden Charter School of Science with regard to the expulsion. Students who are suspended or expelled under §37H½ are entitled to receive educational services during the period of suspension or expulsion under Hampden Charter School of Science’s Education Service Plan, which is described below in Section 7.p. If the student withdraws from the charter school and/or moves to another school district during the period of suspension or expulsion, the new school/district/district of residence shall either admit the student to its schools or provide educational services to the student under the new school or
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7.f Expulsion Following Felony Adjudication Or Admission
district’s education service plan.
7.g Notice Of Student And Parent Rights Under G.L. c. 71 §37H¾ This section governs all student offenses that may be subject to short- or long-term suspensions that do not involve dangerous weapons, controlled substances, assault on school staff, felony or felony delinquency charges, and/or felony delinquency findings or admissions, all of which are governed by G.L. C.71 §§37H and 37H½, as detailed above. In every case of student misconduct for which suspension may be imposed, the Dean of Students is required to exercise discretion in deciding the consequence for the offense; consider ways to re-engage the student in learning; and avoid using long-term suspension from school as a consequence until alternatives have been tried. The following document outlines student and parent rights when the Dean of Students is considering and/or decides to implement a removal from school as a consequence for student misconduct. Students who are suspended under §37H¾ are entitled to receive educational services during the period of suspension or expulsion under Hampden Charter School of Science’s Education Service Plan, which is described below in Section D. If the student withdraws from the charter school and/or moves to another school district during the period of suspension, the new school/district/district of residence shall either admit the student to its schools or provide educational services to the student under the new school or district’s education service plan.
7.h Notice of Suspension and Hearing under §37H¾ Unless the Dean of Students determines that an emergency removal is required (see Emergency Removals section below) or decides to implement an in-school suspension of ten or fewer consecutive days (and no more than 10 cumulative days per school year) (see In-School Suspension section below), the Dean of Students may not impose a suspension as a consequence for a disciplinary offense without first providing the student and the parent with verbal and written notice, and providing the student an opportunity for a hearing on the charge and the parent an opportunity to participate in such hearing.
(e) (f) (g)
the disciplinary offense; the basis for the charge; the potential consequences, including the potential length of the student's suspension; the opportunity for the student to have a hearing with the Dean of Students concerning the proposed suspension, including the opportunity to dispute the charges and to present the student's explanation of the alleged incident, and for the parent to attend the hearing; the date, time, and location of the hearing; the right of the student and the student's parent to interpreter services at the hearing if needed to participate; if the student may be placed on long-term suspension following the hearing with the Dean of
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(a) (b) (c) (d)
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The Dean of Students is required to provide this verbal and written notice to the student and the parent in English and in the primary language of the home if other than English, or other means of communication where appropriate. The notice must set forth the following information:
Students, the student’s short and long term suspension hearing rights and the right to appeal the Dean of Student's decision to the Director (see Hearing Rights section below). The Dean of Students is required to make and document reasonable efforts to notify the parent verbally of the opportunity to attend the hearing. The Dean of Students is presumed to have made reasonable efforts, and therefore may conduct a hearing without the parent present, if the Dean of Students has sent written notice (by hand delivery, first-class mail, certified mail, email, or any other method of delivery agreed to by the Dean of Students and parent) and has documented at least two attempts to contact the parent in the manner specified by the parent for emergency notification.
7.i Emergency Removal The Dean of Students has the authority to remove a student from school temporarily when a student is charged with a disciplinary offense and the Dean of Students determines that the continued presence of the student poses a danger to persons or property, or materially and substantially disrupts the order of the school, and, in the Dean of Student’s judgment, there is no alternative available to alleviate the danger or disruption. The Dean of Students is required to notify the Director immediately in writing of an emergency removal and the reason for it, and describe the danger presented by the student. The temporary removal shall not exceed two (2) school days following the day of the emergency removal, during which time the Dean of Students is required to: (a)
(b) (c)
(d)
Make immediate and reasonable efforts to orally notify the student and the student's parent of the emergency removal, the reason for the need for emergency removal, and the Hearing Rights outlined below; Provide written notice to the student and parent; Provide the student an opportunity for a hearing with the Dean of Students that complies with the rights outlined below in the Hearing Rights section, as applicable, and the parent an opportunity to attend the hearing, before the expiration of the two (2) school days, unless an extension of time for hearing is otherwise agreed to by the Dean of Students, student, and parent; Render a decision orally on the same day as the hearing, and in writing no later than the following school day.
The Dean of Students may not remove a student from school on an emergency basis for a disciplinary offense until adequate provisions have been made for the student's safety and transportation.
7.j Hearing Rights Short-term suspension means the removal of a student from the school premises and regular classroom activities for ten (10) consecutive school days or less. The purpose of the hearing with the Dean of Students is for the Dean of Students to hear and consider information regarding the alleged incident; provide the student an opportunity to dispute the charges and explain the circumstances of the alleged incident; and determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. HAMPDEN CHARTER SCHOOL OF SCIENCE
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Dean of Student's Hearing under §37H¾: Short-term Suspension
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7.j.1
At a minimum, the Dean of Students is required to discuss the disciplinary offense, the basis for the charge, and any other pertinent information. The student and parent both shall have an opportunity to present and offer information, including mitigating facts, that the Dean of Students should consider in determining whether other remedies and consequences may be appropriate. Based on the available information, including mitigating circumstances, the Dean of Students shall determine whether the student committed the disciplinary offense, and, if so, what remedy or consequence will be imposed. The Dean of Students is required to provide written notification to the student and parent of the determination and the reasons for it, and, if the student is suspended, the type and duration of suspension and the opportunity to make up assignments and such other school work as needed to make academic progress during the period of removal. Please note that if the student is in grades pre-K through 3, the Dean of Students is required to send a copy of the written determination to the Director and explain the reasons for imposing an out-of-school suspension, before the short-term suspension takes effect. 7.j.2
Dean of Student's Hearing under §37H¾: Long-term Suspension
Long-term suspension means the removal of a student from the school premises and regular classroom activities for more than ten (10) consecutive school days, or for more than ten (10) school days cumulatively for multiple disciplinary offenses in any school year. The purpose of the long-term suspension hearing is the same as the purpose of a short-term suspension hearing. At a minimum, in addition to the rights afforded a student in a short-term suspension hearing, the student shall have the following rights during a long-term suspension hearing:
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Based on the evidence, the Dean of Students shall determine whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to suspension, what remedy or consequence will be imposed, in place of or in addition to a long- term suspension. The Dean of Students shall send the written determination to the student and parent by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or any other method
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1. In advance of the hearing, the opportunity to review the student's record and the documents upon which the Dean of Students may rely in making a determination to suspend the student or not; 2. the right to be represented by counsel or a lay person of the student's choice, at the student's/parent's expense; 3. the right to produce witnesses on his or her behalf and to present the student's explanation of the alleged incident, but the student may not be compelled to do so; 4. the right to cross-examine witnesses presented by the school district; and 5. the right to request that the hearing be recorded by the Dean of Students, and to receive a copy of the audio recording upon request. If the student or parent requests an audio recording, the Dean of Students shall inform all participants before the hearing that an audio record will be made and a copy will be provided to the student and parent upon request. The Dean of Students shall provide the parent, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the Dean of Students should consider in determining consequences for the student.
of delivery agreed to by the Dean of Students and the parent. If the Dean of Students decides to suspend the student, the written determination will: 1. Identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing; 2. Set out the key facts and conclusions reached by the Dean of Students; 3. Identify the length and effective date of the suspension, as well as a date of return to school; 4. Include notice of the student's opportunity to receive education services to make academic progress during the period of removal from school; 5. Inform the student of the right to appeal the Dean of Student's decision to the Director (only if the Dean of Students has imposed a long-term suspension). Notice of the right of appeal shall be in English and the primary language of the home if other than English, or other means of communication where appropriate, and shall include the following information stated in plain language: a) the process for appealing the decision, including that the student or parent must file a written notice of appeal with the Director within five (5) calendar days of the effective date of the long-term suspension; provided that within the five (5) calendar days, the student or parent may request and receive from the Director an extension of time for filing the written notice for up to seven (7) additional calendar days; and that b) the long-term suspension will remain in effect unless and until the Director decides to reverse the Dean of Student's determination on appeal. If the student is in a public preschool program or in grades K through 3, the Dean of Students shall send a copy of the written determination to the Director and explain the reasons for imposing an out-ofschool suspension, whether short-term or long-term, before the suspension takes effect.
A student who is placed on long-term suspension following a hearing with the Dean of Students has the right to appeal the Dean of Student's decision to the Director. In order to appeal the Dean of Student’s decision to impose a long-term suspension, the student or parent must file a notice of appeal with the Director within five calendar days of the effective date of the long-term suspension (in the alternative, within five calendar days of the effective date of the long-term suspension the parent may request and receive from the Director an extension of time for filing the written notice for up to seven additional calendar days). If the appeal is not timely filed, the Director may deny the appeal, or may allow the appeal in his or her discretion, for good cause. The Director shall hold the hearing within three school days of the student's request, unless the student or parent requests an extension of up to seven additional calendar days, in which case the Director shall grant the extension. The Director must make a good faith effort to include the parent in the hearing, and will be presumed to have made a good faith effort if he or she has attempted to find a day and time for the hearing that would allow the parent and Director to participate. The Director shall send written notice to the parent of the date, time, and location of the hearing. The Director will conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence will be. An audio recording of the hearing will be made, a copy of which shall be provided to the student or parent upon request. HAMPDEN CHARTER SCHOOL OF SCIENCE
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Director's Hearing under §37H¾
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7.j.3
The student and parent shall have all the rights afforded them at the Dean of Student's hearing for longterm suspension, as detailed above in the sections entitled Dean of Student's Hearing under §37H¾: Shortterm Suspension and Dean of Student's Hearing under §37H¾: Long-term Suspension. The Director shall issue a written decision within five calendar days of the hearing. If the Director determines that the student committed the disciplinary offense, the Director may impose the same or a lesser consequence than the Dean of Students, but shall not impose a suspension greater than that imposed by the Dean of Student's decision. The decision of the Director shall be the final decision of the school.
7.k In-School Suspension under §37H¾ The Dean of Students may use in-school suspension as an alternative to short-term suspension for disciplinary offenses. The Dean of Students is required to inform the student of the disciplinary offense charged and the basis for the charge, and provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident. If the Dean of Students determines that the student committed the disciplinary offense, the Dean of Students must inform the student of the length of the student's in-school suspension, which shall not exceed 10 days, cumulatively or consecutively, in a school year. On the same day that the Dean of Students decides to impose an in-school suspension, the Dean of Students must make reasonable efforts to verbally notify the parent of the disciplinary offense, the reasons for concluding that the student committed the infraction, and the length of the in-school suspension. The Dean of Students shall also invite the parent to a meeting to discuss the student's academic performance and behavior, strategies for student engagement, and possible responses to the behavior. Such meeting shall be scheduled on the day of the suspension if possible, and if not, as soon thereafter as possible. If the Dean of Students is unable to reach the parent after making and documenting at least two attempts to do so, such attempts shall constitute reasonable efforts for purposes of verbally informing the parent of the in-school suspension. The Dean of Students shall send written notice to the student and parent about the in-school suspension, including the reason and the length of the in-school suspension (and inviting the parent to a meeting with the Dean of Students, if such meeting has not already occurred). The Dean of Students shall deliver such notice on the day of the suspension by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or by other method of delivery agreed to by the Dean of Students and the parent.
7.l Removal from Privileges and Extracurricular Activities
Students serving an in-school suspension, short-term suspension, long-term suspension, or expulsion have HAMPDEN CHARTER SCHOOL OF SCIENCE
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7.m Education Services and Academic Progress under §37H¾
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The Dean of Students may remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on the student's misconduct. A removal from privileges and/or extracurricular activities is not subject to the procedures set forth herein.
the opportunity to earn credits, as applicable, make up assignments, tests, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom or school. Student who are expelled or suspended from school for more than ten (10) consecutive days, whether in school or out of school, have an opportunity to receive education services and make academic progress toward meeting state and local requirements, through the school-wide Education Service Plan.
7.n Services during Removals And School-Wide Education Service Plan Students who are suspended from school for 10 or fewer consecutive days, whether in or out of school, have the opportunity to make academic progress during the period of suspension; make up assignments; and earn credits missed including, but not limited to, homework, quizzes, exams, papers and projects missed. Hampden Charter School of Science has developed a school-wide Education Service Plan for all students who are expelled or suspended from school for more than 10 consecutive school days, whether in or out of school. The Dean of Academics and The Dean of Students shall ensure these students have an opportunity to make academic progress during the period of suspension or expulsion, to make up assignments and earn credits missed, including, but not limited to, homework, quizzes, exams, papers and projects missed. Hampden Charter School of Science’s Education Service Plan is subject to change, and may include, but is not limited to, tutoring, alternative placement, Saturday school, and online or distance learning. If Hampden Charter School of Science expels a student or suspends a student for more than 10 consecutive school days, Hampden Charter School of Science is required to provide the student and the parent or guardian of the student with a list of alternative educational services. Upon selection of an alternative educational service by the student and the student’s parent or guardian, the school or school district shall facilitate and verify enrollment in the service.
8. DISCIPLINARY MEASURES: The Code of Conduct for Hampden Charter School provides for graduated penalties for students who engage in repeated misbehaviors despite the prior imposition of appropriate disciplinary measures. Under progressive discipline, more severe penalties will be imposed on those students who engage in a pattern of persistent misconduct. Alternate or additional consequences may be imposed by the Dean of Students and/or Director
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1st Offence: Parents/guardian contacted. Up to five (5) day suspension 2nd Offence: Parents/guardian contacted. Up to ten (10) day suspension. Direct expulsion proceeding.
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8.a Fight, Arranged Fights:
8.b Staff Assault and/or Battery Assault and/or assault and battery by means of a dangerous weapon on school premises, at schoolsponsored or school-related events, including field trips and athletic games, and to and from school. (M.G.L. Ch. 265, s 15A & 15B); 1st Offence: Parents/guardian contacted. Direct expulsion proceeding.
8.c Possession, use, or sale of illegal drugs or controlled substances 1st Offence: Parents/guardian contacted; possibility of expulsion by the Director. Due process hearing will be commenced.
8.d Possession / Use of tobacco products (as mandated by M.G.L.Ch.71, s.2 (A) st
1 Offence: Parent/guardian contacted. Up to ten (10) day suspension 2nd Offence Parent/guardian contacted. Direct expulsion proceedings.
8.e Possession of an illegal* or dangerous weapon; 1st Offence: Parents/guardian contacted; possibility of expulsion by the Director. Due process hearing will be commenced.
8.f Arson: 1st Offence: Parents/guardian contacted. Up to ten (10) day suspension 2nd Offence: Parents/guardian contacted. Direct expulsion proceedings. Note: The Director and faculty will contact police regarding students who bring illegal weapons and/or drugs to school. All other school staff must report illegal* or dangerous weapons to the Director or designee. If the Director is not available, school staff must report illegal or dangerous weapons to the police. All illegal or dangerous weapons listed require a mandated external suspension. Weapons not listed require the Director or designee to make a decision by a good faith belief that an item is a weapon. *Illegal and/or dangerous weapons: These weapons include, but are not be limited to, a firearm as defined in M.G.L. Chapter 140, Section 121, knives and other dangerous devices set forth in Chapter 269, Section 12. For purposes of this disciplinary policy, the term “dangerous weapon” shall also include any device or instrument that, under the totality of circumstances, a reasonable person would consider it “dangerous.”
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1st Offence: Parents/guardian contacted. Up to ten (10) day suspension.
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8.g Under the influence of alcohol or in possession of alcohol (Director or designee to determine if student is “Under the Influence”)
2nd Offence: Parents/guardian contacted. Direct expulsion proceedings.
8.h Disruptive Behavior: 1st Offence: Parent/guardian contacted. Teacher discretion with the recommendation of detention, and/or up to a two (2) day suspension. 2nd Offence: Parent/guardian contacted. Up to three (3) day suspension. 3rd Offence: Parent/guardian contacted. Up to five (5) day suspension.
8.i Engaging in acts that promote promiscuity and/or sexual contact: 1st Offence: Parent/guardian contacted. Up to two (2) day suspension. 2nd Offence: Parent/guardian contacted. Up to three (3) day suspension. 3rd Offence: Parent/guardian contacted. Up to five (5) day suspension.
8.j Bringing Electronic Devices to School: All electronic devices must be kept out of sight and turned off and in school assigned locker between 7:50 am when student leaves for home. Hampden Charter School of Science is not responsible for any lost or damaged devices. During school hours, parents should continue To call the school’s Main Office for any emergency situation. We will contact your son/daughter.
***Parents – Please do not try to contact your child by cell phone. 1st Offence: Parents/guardian contacted. Discipline Points Assigned, Confiscation of the devices with retrieval only by parents/guardian. 2nd Offence: Parents/guardian contacted. Points Assigned. Device will be confiscated for the remainder of the school year. Up to two (2) day suspension.
8.k Academic Dishonesty / Cheating / Plagiarism: 1st Offence Parent/guardian contacted. Student will receive zero for the assignment. Student may be suspended for one (1) day. 2nd Offence: Parent/guardian contacted. Student will receive zero for the assignment. Two (2) day suspension. 3rd Offence: Parent/guardian contacted. Student will receive zero for the assignment. Three (3) day suspension, full academic review.
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1st Offence: You will be sent to the office to fix the violation. Parent/guardian contacted. If the violation cannot be corrected, your parent/guardian will be contacted to bring proper attire. Possible Discipline Points assigned. 2nd Offence: You will be sent to the office to fix the violation. Parent/guardian contacted. If the violation cannot be corrected, your parent/guardian will be contacted to bring proper attire to you. Possible one (1) day suspension.
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8.l Uniform Violations: (please see Student Handbook for specifications)
3rd Offence: You will be sent to the office to fix the violation. Parent/guardian contacted. If violation cannot be corrected, parent/guardian will be contacted to bring proper attire to you. Up to two (2) day suspension.
If proper uniform cannot be fixed or brought in by parent/guardian: student may spend day in ASR which will count as an unexcused absence.
8.m Forgery: 1st Offence: Parent/guardian contacted. Two (2) day suspension. 2nd Offence: Parent/guardian contacted. Three (3) day suspension. 3rd Offence: Parent/guardian contacted. Five (5) day suspension.
8.n Defiance of authority (Insubordination, Disrespect, Using profanity to staff): 1st Offence: Parent/guardian contacted. Up to two (2) day suspension. 2nd Offence: Parent/guardian contacted. Up to three (3) day suspension. 3rd Offence: Parent/guardian contacted. Up to five (5) day suspension.
8.o Steal and/or Vandalize Private Property: 1st Offence: Parent/guardian contacted. Restitution if required. Up to five (5) day suspension. 2nd Offence: Parent/guardian contacted. Restitution if required. Police report filed. Up to ten (10) day suspension. 3rd Offence: Parent/guardian contacted. Police report filed, direct expulsion proceedings.
8.p Unexcused Tardiness to School or to Class: 3rd Offence: Parent/guardian contacted. Points Assigned. 5th Offence: Parent/guardian contacted. Assigned after-school detention. 10th Offence: Parent/guardian meeting. Assigned Saturday Detention. 15th Offence: Parent/guardian contacted. Assigned Full Day of Suspension.
8.q Threat to staff or student: 1st Offence: Parent/guardian contacted. Up three (3) day suspension. 2nd Offence: Parent/guardian contacted. Up to ten (10) day suspension. 3rd Offence: Parent/guardian contacted. Direct expulsion proceedings.
8.r Habitual Truancy
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HCSS shall consider a student “habitual truant” by State law and expel him/her when, in spite of warnings and/or his/her parents’ efforts to ensure attendance, he/she has accumulated (5) five consecutive days or (10) ten total days of unexcused absences during a school year.
Students are allowed (4) four unexcused absences per quarter Any student exceeding the maximum limit of (4) four unexcused absences per quarter will fail all classes for that quarter with a (45) forty-five Any student exceeding the maximum limit of (10) ten unexcused absences per school year will fail all classes for the school year, deemed “habitual truant”, and may be subjectto expulsion.
8.s Truancy 1st Offense: Parent/Guardian contacted. 2nd Offense: Parent/Guardian contacted. 3rd Offense: Parent/Guardian contacted. Contact local authorities and court system.
8.t Possession of Stolen Property: 1st Offence: Parent/guardian contacted. Up to three (3) day suspension. 2nd Offence: Parent/guardian contacted. Up to ten (10) day suspension. 3rd Offence: Parent/guardian contacted. Direct expulsion proceedings.
8.u Bullying/Chronic/Hazing/Sexual Harassment school offender: 1st Offence: Parents/Guardian contacted. Up to three (3) day suspension. 2nd Offence: Parents/Guardian contacted. Up to Five (5) day suspension. 3rd Offence: Parents/Guardian contacted. Direct expulsion proceedings.
8.v Conspiracy: 1st Offence: Parents/Guardian contacted. Up to two (2) day suspension. 2nd Offence: Parents/Guardian contacted. Up to Three (3) day suspension. 3rd Offence: Parents/Guardian contacted. Up to ten (10) day suspension.
8.w Leaving Campus without Permission: 1st Offence: Parent/Guardian contacted. One (1) day suspension. 2nd Offence: Parent/Guardian contacted. Two (2) day suspension. 3rd Offence: Parent/Guardian contacted. Up to three (3) day suspension.
8.x Reckless Vehicle Use:
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1st Offence: Parent/Guardian contacted. Up to three (3) day suspension. 2nd Offence: Parent/Guardian contacted. Up to ten (10) day suspension. 3rd Offence: Parent/Guardian contacted. Direct expulsion proceedings.
8.y Bus Misconduct: 1st Offence: Parent/Guardian contacted. Up to five (5) day bus suspension. 2nd Offence: Parent/Guardian contacted. Up to three (3) day external suspension. 3rd Offence: Parent/Guardian contacted. Withdrawal or restriction of bus.
8.z Medication Policy: Students are not allowed to use personal cell phones to call home if ill. Doing so may result in an external suspension. Medication should not be brought to school unless it is essential to the health of the student. If a student must take medicine at school, these procedures must be followed: The medication to be administered by designated school personnel must be brought to school by the student’s parent/guardian. The school must receive a Medication Administration Consent Form signed by the student’s physician and parent/guardian. (This form can be found on the HCSS website or it can be printed by most doctor offices) If it is a prescription medication being brought in, the following information must be clearly printed on the prescription bottle: o Student’s Name o Name of the medication o Dosage o Time the medication must be taken. All medication will be kept in a secure location in the nurse’s office. Students are not allowed to carry any medication on them or in their lockers during school. This includes but is not limited to Tylenol, Ibuprofen, inhalers, vitamins, or prescription medications. 8.z.1
Consequences for Violating the Medication Policy:
1st Offence: Parents/guardian contacted. Medication will be confiscated. Notify and remind of Medication Policy. Student may receive up to a two (2) day suspension 2nd Offence: Parents/guardian contacted. Medication will be confiscated. Student may receive up to a three (3) day suspension 3rd Offense: Parent/ guardian contacted. Medication will be confiscated. Student may receive up to a 10 day suspension and may face an expulsion hearing
8.aa Provoking/Intimidating Behavior Encouraging or Urging Other Students to Violate School Rules:
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1st Offense: Parent/guardian contacted. (1) One day suspension. 2nd Offense: Parent/guardian contacted. Up to three (3) day suspension. 3rd Offense: Parent/guardian contacted. Up to five (5) day suspension.
8.bb Give a False Fire Alarm Parent/guardian contacted. Three (3) day suspension. Restitution for any damage. Possible prosecution by legal authorities.
8.cc Laws Regarding Drugs, Alcohol, and Firearms and Gang-Related
Activities 1. For Dealing Drugs Near School-mandatory two-year jail sentence. A conviction for selling drugs within 1000 feet of school property in Massachusetts will result in a minimum mandatory two-year jail sentence plus a fine of up to $10,000. 2. Massachusetts General Laws Chapter 269, Section 10j states: “Whoever, not being a law enforcement officer, and not withstanding any license obtained by him under the provisions of Chapter one-hundred and forty, carries on his person a firearm as hereafter defined, loaded, or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board of officer in charge of such elementary or secondary school, college, or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle, or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means. Any office in charge of an elementary or secondary school, college, or university or any faculty member or administrative officer of an elementary or secondary school, college, or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.” 3. “Other dangerous weapons” are those mentioned in Massachusetts General Laws Chapter 269, Section 12 and other weapons as defined using the “reasonable man standard.” 4. Gang-Related Activities—Whoever commits an assault and battery on a child under the age of 18 for the purpose of causing or coercing such child to join or participate in a criminal conspiracy in violation of section seven of Chapter 274, including but not limited to a criminal street gang or other organization of three or more persons which has a common name, identifying sign or symbol and whose members individually or collectively engage in criminal activity, shall, for the first offence, be punished by i mprisonment in the state prison for not less than three nor more than five years or by imprisonment in the house of corrections for not more than two and one half years and for a second subsequent offence by imprisonment in the state prison for not less than five nor more than ten years.
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Along with the established disciplinary procedure, Hampden Charter School of Science will implement a Discipline Point System (DPS) in which students will be given points for unacceptable behavior. Each teacher and staff must use this system and the administration has the discretion to implement certain consequences for students who have earned points above a set limit. Parents will be notified about the consequences and the behavior resulting in DPS system.
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9. DISCIPLINE POINT SYSTEM (DPS)
9.a Rules of Discipline Point System 1. Every unwanted behavior has a numerical point. (See Discipline Point Case File) 2. Every teacher is required to mention our DPS in his/her syllabus and use it. 3. If a student has at least one discipline point and does not receive any discipline points within 5 consecutive school days, the student’s discipline points will be reduced by five, unless zero is reached. 4. A teacher can give points only once for the same behavior for one class period. The teacher shall fill out a Discipline Referral Form if the same case continues, and the student will be sent to the Dean of Students. 5. An accrual of 25 points or more within a quarter period may result in attending Recess Detention. 6. An accrual of 45 points or more within a quarter period may result in attending a first Saturday Detention. 7. An accrual of 70 points or more within a quarter period may result in attending a second Saturday Detention. 8. Students required to attend Saturday Detention may be rewarded -10 points for attending this Detention (or -5 points for attending a reassigned detention), and obeying the rules of conduct for detention. However, students may receive more severe discipline for an inappropriate behavior in Saturday Detention. 9. Failing to attend a Saturday Detention without any confirmed excuse may result in a one (1) day out of school suspension. 10. An accrual of 100 points or more within a quarter period may result in one (1) day suspension. 11. An accrual of 125 points or more within a quarter period may result in two (2) day suspension. 12. An accrual of 175 points or more within a quarter period may result in an Expulsion Hearing with the Director.
De-facing School Property 3Not sitting properly
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Lack of material Not working on assigned tasks Not turning in assigned work or homework Unexcused tardy to the class Bringing drink other than water to class Inappropriate behavior to another student Sleeping in class Running in hallway Lack of cooperation Science lab safety rules violation Antagonistic behavior Excessive talking Inappropriate cafeteria behavior Eating in class Electronics Device Violation
Points
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Case
Throwing things in class/hallway/cafeteria Vulgarity Not being in assigned location
2
Dress code violation Talking back to teacher Horse-playing Back-pack in the classroom
2
Humming/Singing/making noises/tapping Leaving the classroom without permission Leaving paper/trash on the floor Failure to Follow Instruction Disturbing class Using profanity Missing Student ID Not receiving any DPS points within one school week Attending Saturday Detention
1
Attending Saturday Detention (rescheduled) Recess Detention
4 2
4
2 1
2 2 2 2 5 2
Up to -5 -10
Up to -5 Up to -2
10. DISCIPLINE OF STUDENTS WITH SPECIAL NEEDS The Code of Conduct must describe the discipline procedures that apply to students who have been identified as having special needs and requiring modifications to the regular code of conduct, as required by their Individualized Education Plans (MGL c. 71B § 3). Hampden Charter School of Science does not discriminate on the basis of sex or disability (M.G.L. c. 76, s. 5).
If a modification is necessary, it must be described in the student IEP. A record of all offences punishable by suspension committed by special needs students must be kept. If it becomes apparent that a student identified as having special needs or referred for a special education evaluation (prior to the misconduct) may be excluded from school for a total of ten days in any school year (including both in-school and out-of-school suspensions), the student’s special education team or 504 Team must be convened prior to the suspension beyond the ten days. Federal and state laws regarding students with disabilities must be followed. The Team (IEP or 504, depending on the student’s disability and if there is any relationship between the misconduct and the student’s HAMPDEN CHARTER SCHOOL OF SCIENCE
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In general, the discipline of a student who has been identified as having special needs pursuant to federal law -10 of the student's Attending Saturday or the Individuals withDetention Disabilities Education Act (IDEA) is subject to the requirements Individualized Education Plan (IEP). The IEP for every special needs student should indicate whether the student can meet the requirements of the regular discipline code, or if a modification is necessary.
disability. If the behavior is not a manifestation of the student’s disability, then the discipline code will be followed. If the Team determines that the conduct is a manifestation of the disability, the student will return to his placement. However, the Team may decide to modify the student’s program or recommend a different placement for the student. In all cases, the school will provide educational services to the student for suspensions of greater than 10 days.
11. BULLYING AND HARASSMENT GUIDING PRINCIPLE: The Hampden Charter School of Science Committee/School Board believes that preventing bullying and/or harassment is critical for creating and maintaining a safe, secure and positive school climate and culture, which in turn supports academic achievement, increases school engagement, respects the rights of all individuals and groups, and purposefully builds community. HCSS also acknowledge that not all bullying can be stopped. GOALS: The Hampden Charter School of Science district will not tolerate bullying or harassment of/by any student, teacher, administrator, staff member, and parent or community partner participating in any sanctioned school activity. This policy will: comply with state law clearly define what constitutes actions of bullying and/or harassment reinforce the district’s commitment to respond to bullying and harassing behaviors t through the development of a prevention and intervention plan and procedures, clarify the response of the district to reports of such behaviors clarify the extent to which the administrators of the Hampden Charter School of Science are directed to apply disciplinary actions, as specified in the following Hampden Charter School of Science Committee policies and school district procedures: Student Handbook, Code of Conduct, Student Discipline, and the School Safety Plan
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Peer Conflict refers to mutual disagreement or hostility between peers or peer groups. It is characterized as conflict between people of equal or similar power (friends); it occurs occasionally; it is unplanned; and it does not involve violence or result in serious harm. Perpetrators of peer conflict do not seek power or attention.
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DEFINITIONS: Bullying as defined in M.G.L. c. 71, § 37O, is the repeated use by one or more students of a written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a target that: causes physical or emotional harm to the target or damage to the target’s property; places the target in reasonable fear of harm to himself or herself or of damage to his or her property; creates a hostile environment at school for the target; infringes on the rights of the target at school; or materially and substantially disrupts the education process or the orderly operation of a school.
However, peer conflict can escalate into violence. Those involved in violence and aggression usually have comparable emotional reactions, demonstrate some remorse, and actively try to resolve the problem. Harassment is defined as unwelcome, intentional, unprovoked discriminatory behavior, toward an individual or individuals, motivated by membership (real or perceived) in a protected category including: race, color, religion, ethnicity/natural origin, disability, gender, gender identity, sexual orientation and age. Harassment includes cyber harassment (see definition below). Sexual harassment is defined in Massachusetts as: sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when: Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions or decisions regarding student evaluation or participation in school programs or activities (quid pro quo sexual harassment); or, Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work or school performance by creating an intimidating, hostile, humiliating or sexually offensive environment (hostile environment sexual harassment). Sexual harassment may occur student to student, adult to student, student to adult, adult to adult, male to female, female to male, female to female, and/or male to male. Cyber bullying is defined as any willful and repeated harm inflicted through, but not limited to, Web pages, social networking sites, email, instant messaging or text messaging using computers, cell phones and other electronic devices. The following are examples of cyber bullying, when they are intentional and result in socialemotional harm and/or distress: Sending text messages over the Internet or using a cell phone or texting device or medium Posting text, images, audio, or video to a Web page Sending or posting text, images, audio, or video on or over the Internet or through a cell phone or electronic network, including social networking sites Sending a threatening, intimidating, graphic or sexually explicit picture or video via the Internet or using a cell phone or electronic network, including social networking site Sending a threatening, intimidating, graphic or sexually explicit or video via the internet or using a cell phone or electronic network, including social networking sites
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Retaliation is defined as any form of intimidation, reprisal, or harassment by a school community member directed against another school community member for reporting or filing a complaint, for aiding or
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Cyber-harassment is defined as any willful and repeated harm inflicted through, but not limited to, Web pages, social networking sites, email, instant messaging or text messaging using computers, cell phones and other electronic devices which is motivated by the target individual or individuals membership in a protected group, whether real or perceived, under [cite legal reference].
encouraging the filing of a report or complaint, for cooperating in an investigation under this policy, or for taking action consistent with this policy. Reporter is defined as a person reporting an incident under this policy who is a third party and not the recipient of the alleged behavior that violates the policy. Target: is defined as any school community member whom one or more forms of the following: bullying, harassing, cyber harassing, cyber-bullying, or retaliation has been perpetrated. Bully: is defined as any school community member who engages in bullying, harassing, cyber harassing, cyberbullying, or retaliation. School Community Member is defined as any student, district or school employee, school committee member, independent contractor, school volunteer, parent or legal guardian of a student, or a visitor on school premises or at a school-related or school sponsored function or activity. FERPA: Federal Educational Rights and Privacy Act; that states school records, including discipline are a private matter. The school is prohibited from sharing these records with any third party without parental/guardian consent.
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REPORTING AND INVESTIGATIONS: Each member of the school community is responsible for reporting any observations of bullying, harassment, retaliation, or credible information that such an act has taken place. Reports of bullying, harassment, or retaliation incidents, including cyber bullying and/or cyber harassment, occurring outside the scope (see above) of the school/district will be investigated to determine if the incident(s) resulted in a potential or actual disruption of the school learning environment for one or more individuals and/or the orderly day to day operations of the school. Parent(s)/guardian(s) of both targets and alleged perpetrators of bullying, harassment, or retaliation incidents, including cyber bullying and/or cyber-harassment, will be notified of such incidents within a timeframe that will be set per the district’s procedures. Results of investigations of incidents will be communicated to parent(s)/guardian(s) of both targets and alleged perpetrators within a timeframe that will be set per the district’s procedures, and also within the restrictions of the Federal Educations Rights and Privacy Act. If additional time is required to conduct the investigation, this will be communicated to the parent/guardian (s) and no more than
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POLICY SCOPE: Any form of bullying, harassment, cyber bullying, and/or cyber-harassment is prohibited, whether in the classroom, on school premises, immediately adjacent to school premises, traveling to or from school, or at school-sponsored events, whether or not held on school premises. “Traveling to or from school” includes on a school bus or other school related vehicle, at official school bus stops, and walking to or from school within a reasonable time before or after school hours. Bullying or harassment, including cyber bullying and/or cyberharassment, that is not conducted at locations noted above are covered by this policy if the incident results, or could result, in a substantial disruption of the school learning environment for one or more individuals and/or the orderly day to day operations of the school.
two such extensions shall be permitted under this policy. DISTRICT PROCEDURES: The School Board and Director, and/or his/her designee, will define the guidelines and procedures to implement this policy in the district’s “Bullying and Harassment Prevention and Intervention Plan and Procedures”. The written plan and procedures developed by the Director, and/or his/her designee; to enforce this policy shall comply with applicable laws, including without limitation the Federal Educations Rights and Privacy Act, as amended. The plan shall provide for schools, at each level, appropriate procedures for reporting and investigating incidents of bullying, harassment, and/or retaliation. Specific staff positions responsible for receiving and following up on reports will be identified in these procedures. The procedures will include a standard reporting form that may be used by any school community member for all incidents and types of bullying, harassment, and/or retaliation. The purpose of the reporting form is to trigger an investigation, which protects the safety of the target, bystanders, and/or concerned family/community members. The plan will also specify procedures, in conjunction with the district’s memorandum of understanding with the Chicopee Police Department and Hampden Charter School of Science Attorney, for notifying local law enforcement where criminal charges may be pursued against the perpetrator. Within the requirements of FERPA, the guidelines and procedures to implement the Bullying and Harassment Policy shall include a specific amount of time within which parents will be informed of a complaint and a specific amount of time for investigations to be completed. Additionally, the plan will include procedures for communicating with parent/guardians, including dissemination of prevention information; a professional development plan for all staff; and instruction for students at all school levels in social-emotional learning and violence prevention. CONSEQUENCES AND SUPPORT SERVICES: Consequences and appropriate remedial action for students who commit acts of bullying and/or harassment may range from positive behavioral interventions up to and including suspension or expulsion as outlined in the schools’ Codes of Conduct/Student Handbook. Retaliation or threats of retaliation in any form designed to intimidate the target of bullying and/or harassment, those who are witnesses to such behavior or those who are investigating such behavior will be subject to discipline as outlined in each school’s student Code of Conduct/Student Handbook and the Staff Handbook [to be developed].
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Retaliation or threats of retaliation by adult members (including teachers, administrators, staff members, other school personnel, parents/guardians, community partners, or other visitors to the school) of the H.C.S.S. community in any form designed to intimidate the victim of bullying or harassment, those who are witnesses or those investigating an incident of bullying or harassment, will be subject to additional consequences, in accordance with appropriate procedures.
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Acts of bullying or harassment allegedly committed by adult members (including teachers, administrators, staff members, other school personnel, parents/guardians, community partners, or other visitors to the school) of the school community will be reported to school administrators, for investigation and consequences, in accordance with applicable procedures, including appropriate legal actions.
Depending upon the circumstances, the principal or designee may choose to consult with the students’ teacher(s) and/or school counselor, and the target’s or aggressor’s parents or guardians, to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills development. H.C.S.S. shall provide counseling or referral to appropriate services, including guidance, academic intervention, and protection to students, both targets and perpetrators, and/or appropriate family members of the involved students who are affected by bullying, as necessary. When it is determined that a target is in fear or is being threatened, the principal will develop a safety plan to immediately take steps to limit and control the behavior of aggressor(s) who are causing the threat. The safety plan will be developed in collaboration with the appropriate staff and shared with staff to ensure enforcement and follow-up. The principal or designee will periodically follow-up with the target(s), and their parents, in an incident to ensure the student believes the situation has improved and that any threat or fear has been significantly reduced or eliminated. OVERSIGHT AND ACCOUNTABILITY: The Director will present the district’s “Bullying Prevention and Intervention Plan” to the School Committee by December 20th, 2015. The plan will be reviewed and revised by the district administrative team every two years and such revisions will subsequently be presented to the School Committee. The Director and/or his/her designee, will report on the total number of complaints, investigations, verified acts and any trends of bullying, harassment, cyber bullying and/or cyber-harassment district-wide at least annually to the School Board/ PTO Committee.
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LEGAL REFERENCES: Chapter 92 of the Acts of 2010 AN ACT RELATIVE TO BULLYING IN SCHOOLS M.G.L. 71:37H STUDENT CONDUCT M.G.L CH. 269, S.17. CRIME OF HAZING; DEFINITION; PENALTY M.G.L. Chapter 71, S. 37H and 37L; M.G.L. Chapter 76, S. 16 and 17; Chapter 380 of the Acts of 1993 and Chapter 766 Regulations, S. 338.0 also Mass. Dept. Of Education, Advisory Opinion on STUDENT DISCIPLINE M.G.L. 71:37H STUDENT HANDBOOKS M.G.L. 71:55C and Acts of 1985c 614 Sec 1 Board of Education 603 CMR 36:00 SCHOOL SAFETY Title II, ADA of 1992
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OTHER LEGAL REMEDIES: Any school community member may also pursue legal remedies or other avenues of recourse, including, but not limited to, filing a complaint with: The Massachusetts Commission Against Discrimination (MCAD) U.S. Department of Health & Human Services, the Office for Civil Rights (OCR)
Title VI, Civil Rights Act of 1964 Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 Executive Order 11246, as amended by E.O. 11375 Equal Pay Act, as amended by the Education Amendments of 1972 Title IX, Education Amendments of 1972 Rehabilitation Act of 1973 Education For All Handicapped Children Act of 1975 M.G.L. 71B:1 et seq. (Chapter 766 of the Acts of 1972) M.G.L. 76:5; Amended 1993 M.G.L.76:16 (Chapter 622 of the Acts of 1971) Board of Education Chapter 622 Regulations Pertaining to Access to Equal Educational Opportunity, adopted 6/24/75, as amended 10/24/78 Board of Education 603 CMR 2600 Board of Education Chapter 766 Regulations, adopted 10/74, as amended through 3/28/78 RELATING TO DISCRIMINATION Title VII, Section 703, Civil Rights Act of 1964 as amended 45 Federal Regulation 74676 issued by EEO Commission Education Amendments of 1972, 20 U.S.C. 1681 et. seq. (Title IX) Board of Education 603 CMR 26:00 RELATING TO SEX DISCRIMINATION AND SEXUAL HARASSMENT II-PROCEDURES A. REPORTING: Any member of the school community who wishes to make a complaint regarding bullying, harassment, or retaliatory behavior can find a universal reporting form in each school’s main office, guidance office and nurse’s office. The form can also be found online for download at www.hampdencharter.org. Forms will be available in Spanish and other languages as needed and a developmentally appropriate form for use with young children is also available. Forms should be returned to the Dean of Students, Mr. Borelli, 20 Johnson Road, room 211 Chicopee. MA 01022 Phone: 413-593-9090 ext 211 Email:
[email protected]
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Any school community member who retaliates against another for reporting bullying, harassment, and/or retaliation, or who knowingly makes a false accusation of bullying, harassment, and/or retaliation, shall be
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Anyone who wishes to make a report regarding bullying, harassment, and/or retaliation anonymously may do so by filling out the standard reporting form without including their name. Anonymous information will not be used as evidence for disciplinary proceedings, but may trigger a further investigation into the allegation.
subject to disciplinary action. B. INVESTIGATION A complaint or incident of bullying, harassment, or retaliatory behavior may be reported to administration either on the reporting form, or on an existing office referral form. If a complaint is verbal in nature, the administrator will ask the complainant/witness to fill out a reporting form. Investigations are coordinated by the building Equity Officer (EO). The EO is the Dean of Students. Investigations will be carried out by the Dean of Students. There are several circumstances under which an incident may be referred to the Director for investigation. These include: When a parent/guardian/student feels the situation is unresolved at the building level. When the incident involves the administrator or other staff in a building who are responsible for investigations. When the situation remains unresolved even after investigation and corrective action (at administrators discretion but generally meaning there are two or more separate and substantiated incidents regarding a single person or group of persons). Adult to adult behavior (at the building administrator’s discretion). Investigation of the complaint will be documented on the “Bullying and Harassment Incident Report Tracking Form”. This form will help to determine if a civil rights/anti- bullying violation occurred and will document the type of violation. It will also document the corrective actions and/or disciplinary action(s) taken as well as notification of all relevant parties. All completed forms are sent to the Director Investigation of the complaint will be completed within 1-5 school days whenever possible, and if additional time is required to conduct the investigation, this will be communicated to the parent/guardian(s), and no more than two such extensions shall be permitted under the policy. If the accusation(s) against the perpetrator (s) prove to be substantiated, the investigator’s report shall:
Provide for reasonable, timely, age-appropriate, corrective action intended to end the discrimination, harassment, bullying, or retaliation and prevent it from recurring, including appropriate disciplinary action as set forth by the Codes of Conduct and Student Handbook of the school; Document, as needed, reasonable steps to address the effects of the discrimination, harassment, bullying, or retaliation on the complainant; and, Document, as needed, reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
Have an educational discussion with the bully/cyber-bully and with bystanders. Discuss the dangers of such behavior and the fact that everyone is now aware of the situation. If relevant, discuss future legal problems the child may incur if they continue with these behaviors. HAMPDEN CHARTER SCHOOL OF SCIENCE
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Other actions to be considered include the following:
Immediately inform bullies/cyber-bullies and bystanders about the consequences for bullying or cyberbullying in school. If the alleged perpetrator(s) engage in any bullying or cyber-bullying in school, follow through on consequences immediately.
C. NOTIFICATION Parents/guardians of any students involved in a complaint will be notified by administration of the complaint within 24 hours of its receipt. The Director or designee must immediately notify the local law enforcement agency, per the Memorandum of Understanding (between the Chicopee Police Department and the school’s attorney’s office), when criminal charges may be pursued against the aggressor(s). If the reported incident involves a student from more than one school district, charter school, non-public school, special education day or residential school or collaborative program, the Director or designee first informed of the incident will promptly notify by telephone the Director/or designee of the other school(s) of the incident so that each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations. The Director or designee will notify the parent/guardian of the aggressor(s) of the disciplinary action taken. The Director or designee will notify the parent/guardian of the target, to the extent consistent with the state and federal law, of the actions taken to prevent any further acts of bullying or retaliation. Note that this last element does NOT permit the school to release information that is protected by existing confidentiality laws.
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D. SAFETY PLANS Each school building administrator, in conjunction with the building Student Support Teams (Administrators, Nurse and Guidance Counselor), will establish a safety plan for target(s) of bullying/harassment. The plan should include the following elements: Selection of a “safe zone”; an area identified by the target where he or she can go to get help from a trusted adult. A mechanism for informing all relevant adults (teachers, coaches, bus drivers, counselors and other support staff) of the situation between the aggressor(s) and target (s). A plan for monitoring of areas where bullying is occurring and of less structured areas of the school environment, such as buses, cafeteria, and playground Follow up with parents/guardians of all involved to inform them of actions being taken. Assessment of effectiveness of the above interventions on a regular basis with target to determine if there is a reoccurrence of prohibited behaviors and if more supportive measures are needed.
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The building Director will develop a mechanism for communicating to the original reporter of the behavior, when not directly involved, and within the confines of confidentiality, that his or her complaint has been investigated and action has been taken.
E. REQUIREMENTS FOR STUDENTS WITH DISABILITIES For students identified with a disability, the IEP/504 Team must consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. (See M.G.L. c. 71 B, § 3, as amended by chapter 92 of the accts of 2010.) Whenever a IEP/504 Teams’ evaluation indicates that a student’s disability affects social skills development, or when the student’s disability makes him or her vulnerable to bullying, harassment, or teasing, the IEP/504 Team(s) must address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. (See M.G.L. c. 71 B, § 3, as amended by chapter 92 of the accts of 2010.) III. PREVENTION A. NEEDS ASSESSMENT Initial and periodic needs assessments will be conducted via the following methods:
Surveying students/staff/families on school climate and bullying issues Collecting and analyzing building specific data on bullying and harassment behavior.
B. PROFESSIONAL DEVELOPMENT Annual Staff Training on the Plan. Annual training for all school staff on the Plan will include staff duties under the Plan, an overview of the steps that the principal or designee will follow upon receipt of a report of bullying or retaliation, and an overview of the bullying prevention curricula to be offered at all grades throughout the school or district. Staff members hired after the start of the school year are required to receive the training during the school year in which they are hired. Ongoing Professional Development. The goal of professional development is to establish a common understanding of tools necessary for staff to create a school climate that promotes safety, civil communication, and respect for differences. Professional development will build the skills of staff members to prevent, identify, and respond to bullying. As required by M.G.L. c. 71, § 37O, the content of school wide and district wide professional development will be informed by research and will include information on:
Professional development will also address ways to prevent and respond to bullying or retaliation for students HAMPDEN CHARTER SCHOOL OF SCIENCE
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Developmentally (or age-) appropriate strategies to prevent bullying Developmentally (or age-) appropriate strategies for immediate, effective interventions to stop bullying incidents regarding the complex interaction and power differential that can take place between and among an aggressor, target, and witnesses to the bullying research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment the incidence and nature of cyber-bullying internet safety issues as they relate to cyber-bullying.
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with disabilities that must be considered when developing students’ Individualized Education Programs (IEPs). This will include a particular focus on the needs of students whose disability affects social skills development. Additional areas identified by the school or district for professional development include: promoting and modeling the use of respectful language fostering an understanding of and respect for diversity and difference building relationships and communicating with families constructively managing classroom behaviors using positive behavioral intervention strategies applying constructive disciplinary practices teaching students skills including positive communication, anger management, and empathy for others engaging students in school or classroom planning and decision-making maintaining a safe and caring classroom for all students Written notice to staff. The school or district will provide all staff with an annual written notice of the Plan by publishing information about it, including sections related to staff duties, in the school or district employee handbook and the school’s Code of Conduct in the Student Handbook. C. STUDENT EDUCATION Activities, programming and curricula that support a safe and respectful school culture: Social/emotional curricula: evidence based curricula Prevention curricula: evidence based curricula Programming: Character Education Curriculum grades 6th - 8th Quarterly events for grades 9th -12th Other: Internet education: Acceptable use policy in place. Internet Safety training offered to parents/guardians, staff, and students in grades 6-12 through the H.C.S.S. Attorney.
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E. PARENT AND STUDENT EDUCATION OF THIS PLAN Parent education and resources. The school will offer education programs for parents/guardians that are focused on the parental components of the anti-bullying curricula and any social competency curricula used by the school. The programs will be offered in collaboration with parent groups.
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D. COLLABORATION WITH FAMILIES Notification Requirements *dates subject to change: A parent forum on the topic will be held in February of 2015 in collaboration with the PTO. Plan posted on website January 2015 Reporting Form posted on website January 2015 Notice home in all school newsletters regarding new reporting protocol and form January 2015
Massachusetts Aggression Reduction Center at Bridgewater State College publishes research on bullying and cyberbullying, resources on bullying prevention for parents, and resources for educators and professionals. The following links to resources on bullying prevention for parents are being posted in collaboration with the Massachusetts Aggression Reduction Center at Bridgewater State College: Parent Information on Cyberbullying Parent Information on Social Networking Parent Information on Security in Children's online games/websites Parent Information on Responding to Bullying Notification requirements. Each year the school will inform parents or guardians of enrolled students about the anti- bullying curricula that are being used. This notice will include information about the dynamics of bullying, including cyberbullying and online safety. The school will send parents written notice each year about the student-related sections of the Plan and the school's Internet safety policy. All notices and information made available to parents or guardians will be in hard copy and electronic formats. The school will post the Plan and related information on its website.
12. HAZING Secondary schools must include the hazing provision in either their Code of Conduct or Student Handbook, as required by MGL c. 269 § 19. Section 17 of Chapter 269 states, “Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than one hundred days, or by both such fine and imprisonment. The term “hazing” as used in this section, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.”
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Section 18 of Chapter 269 states, “Whoever knows that another person is the victim of hazing as defined and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than five hundred dollars.”