FORMAL STUDENT DISCIPLINE AND EXPULSION SUPPORT UNIT 2015

FORMAL STUDENT DISCIPLINE AND EXPULSION SUPPORT UNIT 2015 -2016

STUDENT DISCIPLINE AND EXPULSION SUPPORT UNIT (SDES) • Pre-Expulsion Services o o o Provide specialized legal and procedural support to District personnel in matters pertaining to student discipline. Process student expulsion referrals from school principals and applications for admission from parents of other districts’ expellees and present expulsion and admission recommendations to the Board of Education. Conduct expulsion and admission hearings, ensuring District compliance with due process and fair hearing regulations as well as interpreting and applying points of law and Board policy.

SDES ALSO……. . • Post-Expulsion Services o o o Provide AB 922 services for all expelled students and assist the students to achieve reinstatement. Develop individualized rehabilitation plan and monitor student progress on a regular basis. Conduct reinstatement review hearings and present reinstatement recommendations to the Board of Education. • Placement o o Interim placement Reinstatement placements

LAW GOVERNING FORMAL STUDENT DISCIPLINE • California Education Code o Matrix for Student Suspension and Expulsion Recommendation • Federal Laws o o Gun-Free Schools Act IDEIA

JURISDICTION • A student may be suspended or expelled for acts enumerated in E. C. 48900 et seq. that are related to school activities or school attendance occurring within a school under the jurisdiction of the Superintendent or principal or occurring within any other school district at any time, including but not limited to: o o While on school grounds While going to or coming from school During the lunch period whether on or off campus During, or while going to or coming from, a school sponsored activity

MANDATORY RECOMMENDATION TO EXPEL Principal shall immediately suspend and recommend expulsion when evidence provides that the following occur at school or at a school activity: • Possession of Firearm • Brandishing a Knife • Selling a Controlled Substance • Sexual Assault/Battery • Possession of Explosive

LIMITED/BROAD PRINCIPAL’S DISCRETION CATEGORY III Student offenses with limited principal discretion q Serious Physical Injury q Possession of Knife/Other Dangerous Object q Possession of Any Controlled Substance Robbery/Extortion q Assault/Battery of School Employee Student offenses with broad principal discretion Examples: q Damage to school/private property q Stolen school/private property q Terroristic Threat q Sexual Harassment

INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT (IDEIA) AND AB 1859 (2003) • Generally, students with disabilities may be disciplined for the same reasons, and in the same way as nondisabled students. However, mandates of the IDEIA and Section 504 must be met when imposing discipline. • These laws define how California schools may discipline students with disabilities and require school districts to consider the following: o o o Relationship of misconduct to disability Length of removal from educational placement Provision of services

AB 1729 MAIN POINTS E. C. SECTIONS 48900. 5 AND 48900 (V) • Suspension, including in-school and class suspension, should be utilized for adjustment purposes only when other means of correction have failed to bring about proper conduct and/or safety is at risk. • Alternatives to suspension must be age appropriate and designed to address and correct the student’s specific misconduct.

AB 1729 OTHER MEANS OF CORRECTION The law addresses the following: • Excessive use of disciplinary measures that push out students from class and/or school • Inconsistent application of discipline

OTHER MEANS OF CORRECTION Include, but are not limited to: • Parent/Student Conference • Referrals for case management • Intervention-related SST/COST/DRT teams • Participation in restorative justice • Positive behavior support with tiered interventions • After-school programs that address specific behavioral issues • Community service

DOCUMENTATION REQUIREMENTS • Education Code violations, formal student discipline actions, and related intervention measures should be documented in the Mi. S Discipline Module Student Support Tab. • Written statements, copies of discipline documents provided to the student/parent should also be kept in the student’s discipline file (yellow folder), available for access pursuant to E. C. Section 49069.

BOARD RESOLUTION Board Resolution-School Discipline Policy and School Climate Bill of Rights (May 2013)

BOARD RESOLUTION MAIN POINTS • Other Means of Correction o In keeping with the goals of AB 1729, other means of correction shall be utilized for all students in a consistent and ageappropriate manner prior to any suspension, except those offenses under E. C. 48915 (c) (Category I offenses. ) • Willful Defiance o Beginning Fall 2013, no student shall be suspended or expelled for a “willful defiance” 48900(k) offense (Category III. )

BOARD RESOLUTION MAIN POINTS CONTINUED • Restorative Justice o o Restorative Justice: By 2020, as an alternative to traditional school discipline, all schools shall develop and implement restorative justice. Restorative justice will be used as an intervention consistent with the School-Wide Positive Intervention Support (SWPBIS) policy for all school disciplinary incidents, unless a recommendation for expulsion is required as under California Education Code 48915 (Category I offenses. ) • Suspension Appeal o To ensure that students and parents understand have notice of their existing right to appeal, notifications issued to parents/guardians will include clear information on the steps and timeline to initiate a suspension appeal.

SUSPENSION • Removal of a pupil from ongoing instruction for adjustment purposes • Three types of suspension: o School Suspension-by Principal o In-School Suspension-by Principal o Class Suspension-by Teacher • The school shall adhere to all requirements specified in the student’s IEP when issuing any suspension • BUL-5655. 2, Guidelines for Student Suspension

SUSPENSION NOTIFICATION • For all types of suspension, parents should receive a Pupil Suspension Notice and a Suspension Appeal Form with Instructions detailing the appeal process. • The Pupil Suspension Notice should include: E. C. violation, duration of suspension, date of return, and date of conference.

SUSPENSION • A student may not be suspended from school unless the principal of the school in which the pupil is enrolled determines that the student has committed an act listed under E. C. Sections 48900, 48900. 2, 48900. 3, 48900. 4, 48900. 7, or 48915, except for “willful defiance” under 48900(k). • Students enrolled in kindergarten and grades 1 to 3 shall not be suspended or expelled due to sexual harassment (E. C. 48900. 2), hate violence(E. C. 48900. 3), or threats and intimidation against district personnel or pupils(E. C. 48900. 4)

CLASS SUSPENSION • The teacher may suspend for any of the acts enumerated in E. C. 48900 except for willful defiance under 48900 (k). • For the remainder of the day (elementary) or period (secondary) and for the following day or period when the class meets. • Removal from a particular class shall not occur more than once every 5 school days.

CLASS SUSPENSION CONTINUED • The teacher shall report the suspension to the principal and send the student to the principal or designee for appropriate supervision. • The student shall not be placed in another regular class during the period of suspension, and shall not return to the class during the suspension without concurrence of the principal and the teacher. • The teacher may require from the student the completion of tests and assignments missed during suspension.

IN-SCHOOL SUSPENSION • The principal or designee may assign a student who was suspended for any of the acts enumerated in E. C. 48900 and 48900. 2 to a supervised suspension classroom for the entire period of suspension if the pupil poses no danger or threat to the campus, pupils, or staff, or if an action to expel the student has not been initiated. • Students with disabilities shall be provided supports and services as written in their IEP while under in-school suspension.

UNLAWFUL SUSPENSION • Students may not be suspended from school for any reason, for more than 5 consecutive school days. • “Informal suspension” is prohibited (e. g. parent told to keep child at home without an official Suspension Notice). • Extended suspension due to the parent’s failure to attend a conference with school officials.

UNLAWFUL SUSPENSION CONTINUED • Suspended in absentia (when a student is suspended in the student’s absence) is a violation of the student’s due process rights. • Students of general education (including students served under a 504 plan) shall not be suspended for more than 20 school days in any school year (30 days if a student is transferred to another school). • Students with disabilities shall not be suspended for more than 10 school days in any school year.

SUSPENSION APPEAL Parents may: • Appeal a suspension if they disagree or feel that the suspension is not justifiable by following the instructions generated along with the suspension notice. • Appeal the School Suspension and In-School Suspension to the ESC Administrator of Operations within 5 days following the last day of suspension. • Appeal the Class Suspension to the school principal within 3 days following the last day of suspension.

MISIS: EXPULSION NOTIFICATION • Mi. S-Student Support o Blocked Enrollment Alert • Contact SDES to discuss status of all expelled students

ADMISSION PROCESS FOR STUDENTS EXPELLED FROM OTHER SCHOOL DISTRICTS • Per Ed Code, For students who are expelled from another school district, after establishing legal residence in the District for enrollment in a District school, the District shall hold a hearing to determine whether the student poses a continuing/potential danger to either the students or employees of the District • Governing Board may make a determination to: o Permit Conditional Enrollment: Assigned to an alternative school in the District. o Deny Enrollment: Referred to LACOE for a placement in a county school.

ADMISSION HEARING AND SCHOOL PLACEMENT • Expulsion Review Committee (ERC) conduct a comprehensive assessment to determine whether the student poses a continuing/potential danger to either the students or employees of the District and make a recommendation to the Board of Education for action. • All school placements are made after the Board’s action. • Students with disabilities, per IDEIA, receive placement per IEP during the admission process. • Denied students may be returned from LACOE to LAUSD for services due to special needs (IEP, grade level, language…)

MEMORANDUM OF UNDERSTANDING • Agreement between LAUSD and Independent Charter Schools located within the LAUSD attendance boundaries. • Offer interim placement at an LAUSD alternative school for students who are facing expulsion from independent charter schools. • Effective July 1, 2015

HIGHLIGHTS OF MOU PROCEDURES • Charter school completes and sends the “Interim Placement Referral Form” with student records to SDES. • SDES provides school placements at an LAUSD alternative program for referred students. • Charter school continues with expulsion proceedings and informs SDES of the final decision. • If expelled, SDES will initiate admission process and proceed as appropriate. • If not expelled, the student will return to charter school for attendance.

EXCEPTIONS Students who are facing expulsion for the following reasons will be immediately referred to LACOE for interim placement pending the outcome of expulsion proceeding: • Unlawful gun possession (including firearms, air guns, stud guns, and any device that discharges a metallic object by gun powder). • For students 16 years of age or older, assault of another person with a weapon in manner likely to cause serious physical injury. • For students 16 years of age or older, battery of another person causing serious physical injury.

SPECIAL CONSIDERATIONS FOR SPECIFIC STUDENT POPULATIONS • Admission process applies to all expelled students, including foster youth, homeless students, and camp returnees. • Identify the child’s educational rights holder. • Obtain legal authorization from parent/guardian/ed. right holder for group home representatives to attend the admission hearing if that person is not able to attend.

Education Code Relating to Discipline of Foster Youth

EXTENSION OF SUSPENSION • In a case where expulsion is recommended, the superintendent of the school district may extend the suspension until the governing board renders a decision in the action. If the pupil is a foster child, in addition to the student’s parent/guardian, the District’s educational liaison shall also invite the pupil’s attorney and an appropriate representative of the county child welfare agency to participate in the extension-of-suspension meeting (E. C. 48911). o Per District Policy: A suspension may be extended with approval from the ESC Administrator of Operations pending the results of the expulsion hearing.

EXPULSION IEP FOR FOSTER YOUTH If a foster youth with an IEP is recommended for a change of placement due to a non-mandatory expulsion recommendation: • School official will notify the Foster Youth Achievement Program Coordinator, La Shona Jenkins, at (213) 241 -3552 of the Preexpulsion Manifestation Determination IEP meeting. • The District’s Foster Youth Achievement Program Coordinator and the school official shall coordinate to notify the attorney and an appropriate representative of the county child welfare agency to participate in the Pre-expulsion Manifestation Determination IEP meeting. (E. C. 48915. 5).

NON-MANDATORY RECOMMENDATION TO EXPEL If a foster youth is recommended for expulsion for a nonmandatory offense: • Pursuant to E. C. 48918. 1 and LAUSD policy, the Student Discipline and Expulsion Support (SDES) Unit shall provide notice of the expulsion hearing to the student’s attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. School official must provide the contact information of the foster youth representatives to the SDES Unit when the expulsion referral is made.

MANDATORY-RECOMMENDATION-TO EXPEL (POSSESSION OF A FIREARM, BRANDISHING A KNIFE, SELLING A CONTROLLED SUBSTANCE, SEXUAL ASSAULT OR BATTERY, POSSESSION OF AN EXPLOSIVE) If a foster youth is recommended for expulsion for a mandatory offense: • Pursuant to E. C. 48918. 1 and LAUSD policy, the Student Discipline and Expulsion Support Unit may provide notice of the expulsion hearing to the student’s attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. School official must provide the contact information of the foster youth representatives to the SDES Unit when the expulsion referral is made.

Student Discipline and Expulsion Support Unit Isabel Villalobos, Coordinator Flora Chen, Specialist (213) 202 -7555