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Lodi Unified School District

Policy 5144 - Discipline

Series: 5000 - Students

Policy: 5144 - Discipline

Adopted: 05/11/1967

Last Revised: 08/20/2024

Last Reviewed: 08/20/2024

Download Policy 5144 - Discipline PDF (English)

Download Rule 5144 - Discipline PDF (English)

Discipline

The Board of Education is committed to providing a safe, supportive, and positive school environment which is conducive to student learning and to preparing students for responsible citizenship by fostering self-discipline and personal responsibility. The Board believes that high expectations for student behavior, use of effective school and classroom management strategies, provision of appropriate intervention and support, and parent involvement can minimize the need for disciplinary measures that exclude students from instruction as a means for correcting student behavior. Staff shall use preventative measures and adopt alternative disciplinary measures that provide students with appropriate interventions and supports as a means for preventing and addressing student misbehavior.

The Superintendent or designee shall design a complement of effective, age-appropriate strategies for maintaining a positive school climate and correcting student misbehavior at district schools. The strategies shall focus on providing students with the needed supports; communicating clear, appropriate, and consistent expectations and consequences for student conduct; and ensuring equity and continuous improvement in the implementation of district discipline policies and practices.

In addition, the Superintendent or designee's strategies shall reflect the Board's preference for the use of positive interventions and alternative disciplinary measures over exclusionary discipline measures as a means for correcting student misbehavior.

Disciplinary measures that may result in loss of instructional time or cause students to be disengaged from school, such as detention, suspension, and expulsion, shall be imposed only when other means of correction have been documented to have failed.

School personnel and volunteers shall not allow any disciplinary action taken against a student to result in the denial or delay of a school meal.

Seclusion and behavioral restraint are prohibited as a means of discipline and shall not be used to correct student behavior except as permitted pursuant to Education Code 49005.4 and in accordance with district regulations.

The Superintendent or designee shall create a model discipline matrix that lists violations and the consequences for each as allowed by law.

The administrative staff at each school may develop disciplinary rules to meet the school's particular needs consistent with law, Board policy, and district regulations. The Board, at an open meeting, shall review the approved school discipline rules for consistency with Board policy and state law.

At all times, the safety of students and staff and the maintenance of an orderly school environment shall be priorities in determining appropriate discipline. When misconduct occurs, staff shall attempt to identify the causes of the student's behavior and implement appropriate discipline. When choosing between different disciplinary strategies, staff shall consider the effect of each option on the student's health, well-being, and opportunity to learn.

Staff shall enforce disciplinary rules fairly, consistently, and in accordance with the district's nondiscrimination policies. Routine discipline matters will be handled by school administration. School resource officers will only be called upon for threats to school safety and serious school-based criminal conduct that cannot be safely and appropriately handled by the school’s internal disciplinary procedures.

The Superintendent or designee shall provide professional development as necessary to assist staff in developing the skills needed to effectively implement the disciplinary strategies adopted for district schools, including, but not limited to, consistent school and classroom management skills, effective accountability and positive intervention techniques, and development of strong, cooperative relationships with parents/guardians.

District goals for improving school climate, based on suspension and expulsion rates, surveys of students, staff, and parents/guardians regarding their sense of school safety, and other local measures, shall be included in the district's local control and accountability plan, as required by law.

At the beginning of each school year, the Superintendent or designee shall report to the Board regarding: 1) disciplinary strategies used in district schools in the immediately preceding school year and their effect on student learning; and 2) whether discipline data disaggregated by race, ethnicity, gender, and/or disability raises any concerns about different treatment of particular groups of students and any strategies utilized by the district to address the concerns.

Legal References

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy.  Instead, they are provided as additional resources for those interested in the subject matter of the policy.

STATE
CALIFORNIA CODE OF REGULATIONS
5 CCR 307 Participation in school activities until departure of bus
5 CCR 353 Detention after school
CIVIL CODE
1714.1 Liability of parent or guardian for act of willful misconduct by a minor
EDUCATION CODE
32280-32289.5 School safety plans
35146 Closed sessions
35291-35291.5 Rules
35291.5 School-adopted discipline rules
37223 Weekend classes
48900-48926 Suspension and expulsion
48980-48985 Parent/Guardian notifications
49005-49006.4 Seclusion and restraint
49055 Restorative justice practices
49056 Prohibition of denial of recess
49330-49335 Injurious objects
49414.4 Opioid misuse; alternative to referral to law enforcement
49550-49564.5 Meals for needy students
52060-52077 Local control and accountability plan
FEDERAL
UNITED STATES CODES
20 USC 1400-1482 Individuals with Disabilities Education Act
29 USC 794 Rehabilitation Act of 1973; Section 504
42 USC 1751-1769j School Lunch Program
42 USC 1773 School Breakfast Program
MANAGEMENT RESOURCES
CALIFORNIA DEPT OF EDUCATION PROGRAM ADVISORIES
Classroom Management: A California Resource Guide for Teachers and Administrators of Elementary and Secondary Schools, 2000
CSBA PUBLICATION
The Case for Reducing Out-of-School Suspensions and Expulsions, Fact Sheet, April 2014
Recent Legislation on Discipline: AB 240, Fact Sheet, March 2015
Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014
Maximizing Opportunities for Physical Activity During the School Day, Fact Sheet, November 2009
FIX SCHOOL DISCIPLINE PROJECT
Sample alternative discipline policy
U.S. DOE, OFFICE FOR CIVIL RIGHTS PUBLICATION
Resource on Confronting Racial Discrimination in Student Discipline
Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973
Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline, January 2014
WEBSITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/#
Public Counsel http://www.fixschooldiscipline.org/
U.S. Department of Education, Office for Civil Rights http://www2.ed.gov/ocr
California Department of Education http://www.cde.ca.gov/
CSBA http://www.csba.org/#

Rule 5144

Adopted: 05/11/1967

Last Revised: 08/20/2024

Last Reviewed: 08/20/2024

Site-Level Rules
Site-level rules shall be consistent with state law and Board policies and rules. In developing site-level disciplinary rules, the principal or designee shall solicit the participation, views, and advice of one representative selected by each of the following groups:

  1. Parents/guardians
  2. Teachers
  3. School administrators
  4. School security personnel, if any
  5. For junior high and high schools, students enrolled in the school

Annually, site-level discipline rules shall be reviewed and, if necessary, updated to align with any changes in state law, district discipline policies and regulations, and/or goals for school safety and climate as specified in the district's local control and accountability plan.  A copy of the rules shall be filed with the Superintendent or designee for inclusion in the comprehensive safety plan.

School rules shall be communicated to students clearly and in an age-appropriate manner.

It shall be the duty of each employee of the school to enforce the school rules on student discipline.

Disciplinary Strategies
To the extent possible, staff shall use disciplinary strategies that keep students in school and participating in the instructional program.  Except when a student's presence causes a danger to themselves or others or they commit a single act of a grave nature or an offense for which suspension or expulsion is required by law, suspension or expulsion shall be used only when other means of correction have failed to bring about proper conduct. Disciplinary strategies may include, but are not limited to:

  1. Discussion or conference between school staff and the student and their parents/guardians
  2. Referral of the student to the school counselor or other school support service personnel for case management and counseling
  3. Convening of a study team, guidance team, resource panel, or other intervention-related team, such as Positive Behavioral Intervention and Supports (PBIS) to assess the behavior and develop and implement an individual plan to address the behavior in partnership with the student and their parents/guardians
  4. When applicable, referral for a comprehensive psychosocial or psycho- educational assessment, including for purposes of creating an individualized education program or a Section 504 plan
  5. Enrollment in a program for teaching pro-social behavior or anger management
  6. Participation in a restorative justice program
  7. A positive behavior support approach with tiered interventions that occur during the school day on campus
  8. Participation in a social and emotional learning program that teaches students the ability to understand and manage emotions, develop caring and concern for others, make responsible decisions, establish positive relationships, and handle challenging situations capably
  9. Participation in a program that is sensitive to the traumas experienced by student, focuses on students’ behavioral health needs, and addresses those needs in a proactive manner.
  10. After-school programs that address specific behavioral issues or expose students to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups
  11. Recess restriction as provided in the section below entitled “Recess Restriction”
  12. Detention after school hours as provided in the section below entitled “Detention After School”
  13. Community service as provided in the section below entitled “Community Service”
  14. In accordance with Board policy and rule, restriction or disqualification from participation in extracurricular activities
  15. Reassignment to an alternative educational environment
  16. Suspension and expulsion in accordance with law, Board policy, and rule

When, by law or district policy, other means of correction are required to be implemented before a student could be suspended or expelled, any other means of correction implemented shall be documented and retained in the student's records.

Staff shall enforce disciplinary rules fairly, consistently, and in accordance with the district's nondiscrimination policies.

When disciplining a student who has been identified for special education and related services, the procedures specified in Board Rule 5144.2 - Suspension And Expulsion/Due Process (Students With Disabilities) shall be applied. If a student has not been identified as a student with a disability and the district suspects the behavior that resulted in discipline may be based in an unidentified disability, the district shall conduct an evaluation to determine if the student has a disability which requires an IEP or 504 plan.

Detention After School
Students may be detained for disciplinary reasons for up to one hour after the close of the maximum school day, or until the departure of the school bus to which they have been assigned if applicable.

The student shall not be detained unless the principal or designee notifies the parent/guardian.

Students shall remain under the supervision of a certificated employee during the period of detention.

Students may be offered the choice of serving their detention on Saturday rather than after school.

Community Service
As part of or instead of disciplinary action, the Board, Superintendent, principal, or principal's designee may, at their discretion, require a student to perform community service during non-school hours, on school grounds, or, with written permission of the student's parent/guardian, off school grounds. Such service may include, but is not limited to, community or school outdoor beautification, campus betterment, and teacher, peer, or youth assistance programs.

This community service option is not available for a student who has been suspended, pending expulsion, pursuant to Education Code 48915. However, if the recommended expulsion is not implemented or the expulsion itself is suspended, then a student may be required to perform community service for the resulting suspension.

Notice to Parents/Guardians and Students
At the beginning of the school year, the Superintendent or designee shall notify parents/guardians, in writing, about the availability of district rules related to discipline.

The Superintendent or designee shall also provide written notice of the rules related to discipline to transfer students at the time of their enrollment in the district.