4.10 — Discipline Code and Infractions

4.10 — Discipline Code and Infractions

For purposes of handling discipline, Liberty Common School will consider infractions of rules as either major or minor.

Special note about dress code violations:  Students in violation of dress code will be given school-owned clothing to wear for the day or may be required to call home for appropriate clothing.  Students must be strictly in code to attend class.  Students out of code may do class work in the office or in an isolated workspace until dress is in code.  Continued dress code violations will require stronger consequences including suspensions and a conference with the parent.

Examples of Minor Infractions include, but are not limited to the following:

Yelling; slamming; kicking; throwing; running in halls; causing minor damage to personal property (without intent to injure others); losing school property*; disobeying school and classroom rules; clowning around in class or halls; continual patterns of misbehavior in or out of class; ridiculing others or using profane language or gestures; showing disrespect to an adult through face, body, or action; three unexcused tardies per quarter; continual late arrivals to classes.

*Fines will be levied to parents for vandalism or theft.  Fines will also be levied for lost or damaged school property.  Students may also be required to be involved in the maintenance or repair of damaged property.

Examples of Major Infractions include, but are not limited to the following:

Any minor infraction or pattern of activity that is detrimental to the welfare or safety of other students or repeatedly interferes with a school’s ability to provide educational opportunities to other students; hitting, shoving, biting, or physically assaulting another student; verbal intimidation or threats, physical intimidation, or sexual intimidation or harassment; possession of matches or cigarette lighter (or other dangerous items); willful destruction or defacing of school property*; theft*; actions of continual willful disobedience or open persistent defiance of proper authority; cheating on a test; plagiarism; tampering with any document; providing false statements of any kind; leaving the school property without permission; truancy; or cutting class.

*Fines will be levied to parents for vandalism or theft.  Fines will also be levied for lost or damaged school property.  Students may also be required to be involved in the maintenance or repair of damaged property.

Minor infractions are generally handled by a student’s classroom teacher but may also involve the Principal.  Anytime a student is required to see the Principal, a learning opportunity arises.  Every student is encouraged to be responsible for his or her own actions, and students are instructed to share the incident with their parents.  If necessary, the interaction between the student and the Principal will be followed up with a phone call or written communication to the parents as soon as possible after the incident. 

The Principal, or faculty members may assign consequences.  Depending on the nature of the offense, damages to others, and continued pattern of offenses, consequences may include detentions, service, student behavior plans, fair remuneration, relinquishing privileges, apologies, required extra work, and/or activity restrictions.  Should a situation become more severe, a parent conference will be required immediately.  For major infractions, suspension procedures will be followed.

All detentions for discipline will be served soon after the infraction.  If the discipline situation warrants notification of the parents, an attempt will be made to notify them the day the detention is given.  Students serving a detention or suspension on the same day as Liberty Common after-school activity will not be allowed to participate in the activity until the detention is served.  Any change in the detention or suspension date(s) will be at the discretion of the Principal.

Major infractions may require an immediate parent conference prior to suspension, during which time appropriate follow-up actions are discussed.  These actions may include activity restrictions, creation of remedial student-discipline plans, and requirement of a parent to attend class with the student for a specified time, or other plans.  Discipline referrals and suspensions become part of a student’s permanent record. I

f a student has been given an in-school detention or an out-of-school suspension two or more times during the year, or if the student has received more than 8 tardies in a quarter, the Principal reserves the right to restrict the school events or field trips that the student may attend.  All decisions concerning this matter will be made at the discretion of the Principal.

Formal Discipline Proceedings (K-12)

Notes:  According to CRS 22-33-105, a student may not be suspended for time exceeding 25 school days.  Opportunities will be given for a student to make up schoolwork during suspension; however, the school will determine the amount of credit the student shall receive for this makeup work.

Suspensions at Liberty Common School can be assigned only by the Principal.  Prior to suspension, the student’s parent will be notified, and a parent conference will be required before the student returns to class. Notice of suspension shall be given in writing.  An informal hearing will be offered to a parent and student after receipt of notice of suspension lasting less than 10 days, by the Principal.  A parent conference involving the Principal, student, and student’s parent(s) or guardian(s) may be required before a student will be readmitted following a suspension.  A suspension lasting more than 10 days will be given a formal hearing. 

Levels

If the student continues to be disruptive and exhibits inappropriate behavior or actions, the student will be placed on levels. 

A level 1 is an indication that the student is exhibiting behavior or actions that are not acceptable. 

A level 2 status indicates that the student is continuing with inappropriate actions or behavior.

A level 3 placement will initiate expulsion proceedings.

Liberty Common School reserves the right to place the student at any level at any point according to the severity of the offense.

Step 1, Initial suspension

An initial suspension will occur after a major infraction or a series of minor infractions, depending on the severity of the infraction(s).  Step one, initial suspension, will include a minimum of a one-day, and a maximum of a ten-day suspension.  A remedial student-discipline plan may be created during the conference between parent(s)/guardian(s), student, and Principal depending on the severity of the infraction.  A parent-student- Principal conference may be required before student re-admittance to the classroom.  Depending on the severity of the infraction, the student may or may not be placed on a level 1 at this point.

Step 2, Secondary suspension with remedial discipline plan review and revision

A secondary suspension is the second step of formal discipline proceedings and will occur after one or two major infractions following initial suspension, depending on severity of offense, and/or as a result of the student’s violation of his or her remedial discipline plan.  Step 2 suspensions will include a minimum of two days and a maximum of ten days.  A required parent-student- Principal conference will be held before the student is allowed to return to school.  If a remedial student-discipline plan already exists, it will be reviewed and revised.  If a remedial student-discipline plan has not yet been created, one will be created for the student at this point.  Depending on the severity of the infraction, the student may or may not be placed on a level 1 or 2 at this point.

Step 3, Final suspension

A final suspension from Liberty Common School is the third and final step of suspension proceedings.  After a final suspension, and prior to movement toward a declaration of “habitual disruption” (placing the student on a Level 3), or the initiation of expulsion proceedings, a student may appeal the decision and obtain a hearing from member(s) of the Board of Directors.  In addition, “The board of education of each district may deny admission to, or expel for any period not extending beyond one year, any child whom the board of education, in accordance with the limitations imposed by this article, shall determine does not qualify for admission to, or continued attendance at, the public schools of the district. (CRS 22-33-105).

According to Colorado statute, a student may be declared habitually disruptive after being suspended three times in one year on the grounds set forth in CRS 11-33-106 for causing a material and substantial disruption in the class, on school grounds, on school vehicles, or at school activities or events because of behavior that was initiated, willful, and overt on the part of the student, and the suspensions were made for:

• Continual, willful disobedience or open and persistent defiance of proper authority;
• Willful destruction or defacing of school property;
• Behavior on or off school property, which is detrimental to the welfare or safety of other students or of school personnel;
• Serious violations in a school building or in or out of school property;
• Repeated interference with a school’s ability to provide educational opportunities to other students;
• And other grounds found in CRS 22-33-106.

The initiation of expulsion proceeding from Liberty Common School shall be mandatory for the following violations:

• Carrying, bringing, using, or possessing a dangerous weapon (including a firearm or firearm facsimile, any pellet, or BB gun or other device operational or not, designed to propel projectiles by spring action or compressed air, fixed blade knife with a  blade that measures longer than three inches in length or a spring loaded knife with a blade longer than three and one-half inches, any object, device, instrument, material, or substance, whether animate or inanimate used or intended to be used to inflict death or serious bodily injury.  Non-lethal devices related to this section may be specifically authorized by school administration for legitimate school activities – such as theatrical productions, sports [for example, fencing], or other school-sanctioned activity – prior to use or possession on school property);
• The sale or possession of a drug or controlled substance;
• Death threats to other students, faculty, administration, or members of the Board of Directors;
• The commission of an act, which if committed by an adult would be robbery, or assault other than third degree assault.

The initiation of expulsion proceedings is also mandatory if a student is declared habitually disruptive in accordance with CRS 22-23-106.