JOBSTOWN, NEW
CRITICAL POLICY REFERENCE MANUAL
The board of education believes that an
effective instructional program requires an orderly school environment and that
the effectiveness of the educational program is, in part, reflected in the
behavior of pupils.
The board of education expects pupils to conduct
themselves in keeping with their level of maturity, with a proper regard for
the rights and welfare of other pupils, for the educational purpose underlying all
school activities, and for the care of school facilities and equipment.
The board of education believes that standards
of pupil behavior must be set cooperatively by interaction among the pupils,
parents/guardians, staff and community, producing an atmosphere, which
encourages pupils to grow in self-discipline. Such an atmosphere must include
respect for self and others, as well as for district and community property.
The best discipline is self-imposed, and pupils
must learn to assume and accept responsibility for their own behavior, and for
the consequences of their misbehavior. Staff members who interact with pupils
will use preventative disciplinary action and place emphasis on the pupils'
ability to grow in self-discipline.
The chief school administrator will develop
general guidelines for pupil conduct on school property and will direct
development of detailed regulations suited to the age level of the pupils and
the physical facilities of the individual schools. Board of education policy
requires each pupil of this district to adhere to the rules and regulations
established by the administration and to submit to such disciplinary measures
as are appropriately assigned for infraction of those rules. The chief school
administrator will provide to pupils and their parents/guardians the rules of
this district regarding pupil conduct and the sanctions, which may be imposed
for breach of those rules. Provisions will be made for informing
parents/guardians whose primary language is other than English.
In developing regulations to implement this
policy, the chief school administrator will provide appropriate recognition for
pupils who consistently maintain high standards of self-discipline and good
citizenship. The regulations will:
A. Require that pupils conform to reasonable standards of socially acceptable behavior; respect the person, property and rights of others; obey constituted authority and respond to those who hold that authority;
B.
Establish the degree of order necessary
to the educational program in which pupils are
engaged.
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CRITICAL POLICY REFERENCE MANUAL
C.
Publish and promote expectations,
guidelines and consequences.
D.
Establish procedures for students, staff,
parents/guardians and the community to directly and anonymously report
actions of bullying, harassment and intimidation.
The chief school administrator shall develop
strategies for identification of disruptive or disaffected students and may
refer pupils who display chronic behavioral or academic problems to the child
study team. Such referrals will be in strict accordance with the due process
regulations prescribed by the administrative code. Pupils so identified will be
provided with appropriate programs and services as prescribed by the child
study team.
A pupil whose presence poses a continuing danger
to persons or property, or an ongoing threat of disrupting the academic
process, may be suspended or expelled, following due process.
Any pupil who commits an assault (as defined by
N.J.S.A. 2C:12-1) upon a board of education member, teacher, administrator or
other employee of the board of education will be suspended from school
immediately according to procedural due process, and suspension or expulsion
proceedings shall begin no later than 30 calendar days from the date of the
pupil's suspension.
Harassment, Intimidation
or Bullying
The
board of education expects pupils to treat each other with civility and
respect, and will not tolerate acts of harassment, intimidation or bullying.
Like other disruptive or violent behaviors, this conduct interferes with a
pupil’s ability to learn and a school’s ability to educate its pupils in a safe
environment.
The
board of Education prohibits acts of harassment, bullying and/or intimidation
against any pupil.
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CRITICAL POLICY REFERENCE MANUAL
Definition
“Harassment, intimidation or bullying”
means any gesture, written, verbal or physical act that takes place on school
property, at any school-sponsored function or on a school bus and that:
Acts of harassment, intimidation or bullying may
also be a pupil exercising or attempting to exercise power and control
over another pupil, in either isolated incidents (e.g., intimidation,
harassment) or patterns of harassing or intimidating behavior (e.g., bullying).
Any
school employee, pupil or volunteer who has witnessed, or has reliable
information that a pupil has been subject to harassment, intimidation or
bullying must report the incident to the appropriate school official designated
by the administration. The board of education shall not tolerate an act of
reprisal or retaliation against any person who reports an act of harassment,
intimidation or bullying.
The
chief school administrator shall develop appropriate procedures addressing:
A. A mechanism for
reporting acts of harassment, intimidation or bullying, including a means of
anonymous reporting; (to staff, parents, administration, Board of Education)
B. A mechanism for
reporting to specific staff, parents, administration, etc.
C. The prompt investigation
of reports of such acts, identifying either the principal or the principal’s
designee as the person responsible for the investigation;
D. The range of ways in
which a school will respond once an incident of harassment, intimidation or
bullying is identified; and
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CRITICAL POLICY REFERENCE MANUAL
E. Consequences, discipline
and remedial action for a person who commits an act of harassment, intimidation
or bullying, who engages in an act of reprisal or retaliation against a person
who reports such action, or who falsely accuses another of bullying as a means
of harassment, intimidation or bullying.
F. Written communications
to students, parents and community eliciting relevant input on bullying,
harassment and intimidation.
The
chief school administrator shall take all necessary steps to publicize this
policy, and shall inform pupils and staff that harassment, intimidation or
bullying is prohibited on school property or any school-sponsored function.
This information shall also be incorporated into the student handbook and
employee training programs. Annually, relevant training for staff will be
scheduled to ensure a safe learning climate.
In accordance with statute and code, penalties
will be assigned for use, possession and
distribution of prescription substances and drug
paraphernalia. The penalties will be graded
according to the severity of the offense.
Infractions shall be reported to the local law enforcement agency in accordance
with the district's memorandum of agreement. Confidentiality will be protected
in accordance with federal and state law.
Weapons
Offenses
Any pupil who is convicted or adjudicated
delinquent for possession of a firearm or a crime while armed with a firearm or
found knowingly in possession of a firearm on any school property or on a
school bus or at a school-sponsored function will be immediately removed from
the school's regular education program for a period of not less than one
calendar year. The chief school administrator may modify this suspension on a
case-by-case basis. Each pupil so removed will be placed in an alternative
educational program or on home instruction and will be entitled to a hearing
before the board of education. The hearing will take place no
later than 30 days following the day the pupil
is removed from the regular education program and will be closed to the public.
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CRITICAL POLICY REFERENCE MANUAL
The principal will be responsible for the
removal of such students and will immediately report them to the chief school
administrator. The principal will also notify the appropriate law enforcement
agency of a possible violation of the New Jersey Code of Criminal Justice.
The chief school administrator will determine at
the end of the year whether the student is prepared to return to the regular
education program, in accordance with procedures established by the
Commissioner of Education.
Classified pupils are subject to the same
disciplinary procedures as nondisabled pupils and may be disciplined in
accordance with their IEP. However, before disciplining a classified pupil, it
must be determined that:
A. The pupil's
behavior is not primarily caused by his/her educational handicap;
B. The
program that is being provided meets the pupil's needs.
Staff will comply with law and the regulations
of the
Implementation
Teaching staff members and other employees of
this board of education having authority over pupils will take such lawful
means as may be necessary to control the disorderly conduct of pupils in all
situations and in all places where such pupils are within the jurisdiction of
this board of education.
The chief school administrator will ensure that
the rules for this policy are applied consistently and uniformly, and that all
disciplinary sanctions are carried out with necessary due process.
The board of education will review all related
policies on a regular basis.
.
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CRITICAL POLICY REFERENCE MANUAL
Previous
Policy: #3030.6 and #5800 and #7300 and #7310 and #7320
Date Adopted as Policy #5131:
Date Updated/Reviewed as Policy #5131:
Date Updated/Reviewed as Policy #5131:
Date
Updated/Reviewed as Policy #5131:
Date Updated/Reviewed as Policy #5131:
Legal References:
N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information;
N.J.S.A. 2C:12-1
Definition of Assault
N.J.S.A. 2C:33-19
Paging devices, possession by students
N.J.S.A. 2C:39-5
Unlawful possession of weapons
N.J.S.A.
18A:11-1 General mandatory
powers and duties
N.J.S.A. 18A:25-2 Authority over pupils
N.J.S.A.
18A:36-19a Newly enrolled students; records and identification
N.J.S.A. 18A:37-1 et seq. Discipline of
pupils
See
particularly:
N.J.S.A.
18A:37-15
N.J.S.A. 18A:40A-1 et seq. Substance abuse
N.J.S.A.
18A:54-20 Powers of board (county vocational schools)
N.J.A.C. 6A:14-2.8
Discipline/suspension/expulsions
N.J.A.C. 6A:16-1.1et seq. Programs to
Support Student Development
See
particularly:
N.J.A.C. 6A:16-1.4, -1.5, -4.1, -5.1, -6.1,
-6.2, -7.1
N.J.A.C. 6:32-12.1 Reporting
requirements
N.J.A.C. 6:32-12.2 School-level planning
20 U.S.C.A.
1415(k) Individual with Disabilities Education Act Amendments of 1997
Hazelwood v. Kuhlmeier
484
Honig v. Doe,
484
See also
Commissioners’ Decisions indexed under “Pupils – Punishment of” in Index to
No Child Left Behind
Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et
seq.
Manual for the
Evaluation of Local School Districts
A
JOBSTOWN, NEW JERSEY
CRITICAL POLICY REFERENCE MANUAL
Policy Statement
The Board of Education prohibits acts of
harassment, intimidation or bullying. A safe and civil environment in school is
necessary for pupils to learn and achieve high academic standards. Harassment,
intimidation or bullying, and other disruptive or violent behaviors, that
disrupt both a pupil’s ability to learn and a school’s ability to educate its
pupils in a safe environment will not be tolerated. Since pupils learn by
example, school administrators, faculty, staff and volunteers must demonstrate
appropriate behavior, treating others with civility and respect, and refusing
to tolerate harassment, intimidation or bullying.
Definition
“Harassment, intimidation or bullying”
means any gesture, written, verbal or physical act that takes place on school
property, at any school-sponsored function or on a school bus and that:
Acts
of harassment, intimidation or bullying may also be expressed/demonstrated as
an attempt to exercise power and control over another pupil, in either isolated
incidents (e.g., intimidation, harassment) or patterns of harassing or
intimidating behavior (e.g., bullying).
“Electronic communication” means a
communication that is transmitted by means of an electronic device, including,
but not limited to a telephone, cellular phone, computer, or pager, regardless
of whether the device is personal or
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CRITICAL POLICY REFERENCE MANUAL
school property,
that takes place on school property, at any school-sponsored function or on a
school bus.
Expected Behavior
The Board of Education expects pupils
to conduct themselves in a respectful manner and in keeping with their levels
of development, maturity and demonstrated capabilities with proper regard for
the rights and welfare of other pupils and school staff, the educational
purpose underlying all school activities, and the care of school facilities and
equipment.
The
Board of Education believes that standards for pupil behavior must be set
cooperatively through interaction among the pupils, parent(s) or legal
guardian(s), staff and community members, producing an atmosphere that
encourages pupils to grow in self-discipline. The development of this
atmosphere requires respect for self and others, as well as for school district
and community property on the part of pupils, staff and community members.
The Board of Education believes the
best discipline is self-imposed, and it is the responsibility of school
district staff to use disciplinary situations as opportunities to help pupils
learn to assume and accept responsibility for their behavior and the
consequences of their behavior. Staff members who interact with pupils shall
apply the best practices designed to prevent discipline problems and encourage
pupils’ abilities to grow in self-discipline.
General guidelines for pupil conduct
will be developed by the Superintendent, in conjunction with school staff, and
approved by the Board of Education. These guidelines will be developed based on
accepted core ethical values and broad community involvement and input from
parent(s) or legal guardian(s) and other community representatives, school
employees, volunteers, pupils and administrators. These guidelines for pupil
conduct will be suited to the age level of the pupils and the mission and
physical facilities of the individual school(s) in the district. This Policy
requires all pupils in the district to adhere to these rules and guidelines and
to submit to such disciplinary measures as are appropriately assigned for
infraction of these rules and guidelines.
The district prohibits active and/or
passive support for harassment, intimation or bullying. Pupils are encouraged
to support other pupils who walk
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CRITICAL POLICY REFERENCE MANUAL
away from these acts
when they see them, constructively attempt to stop them, and report these acts
to their teacher and in turn to the school Principal.
Pupils are required to conform to
reasonable standards of socially acceptable behavior; respect the person,
property and rights of others; obey constituted authority; and respond to
school district teaching, support and administrative staff. The school
principal will develop and provide a school-based program for appropriate
recognition for positive reinforcement for good conduct, self-discipline, good
citizenship and academic success.
Annually, the Superintendent will
provide to pupils and their parent(s) or legal guardian(s) the rules of the
district regarding pupil conduct, pupil’s due process and other rights. This
Policy will appear in all publications of the school district’s comprehensive
rules, procedures and standards of conduct for school within the district, including
pupil handbooks. Provisions will be made for informing parent(s) or legal
guardian(s) whose primary language is other than English.
Consequences and Appropriate Remedial
Actions
The following factors will be
considered in determining the appropriate response to pupils who commit one or
more acts of harassment, intimidation or bullying:
Concluding
whether a particular action or incident constitutes a violation of this Policy
requires a determination based on all of the facts and surrounding
circumstances.
JOBSTOWN, NEW JERSEY
CRITICAL POLICY REFERENCE MANUAL
An
appropriate consequence will be determined after meaningful consideration of
these factors. Consequences and appropriate remedial actions for pupils who
commit acts of harassment, intimidation or bullying may range from positive behavioral
interventions to suspension or expulsion.
The
appropriate consequence will be consistent with case law, Federal and State
statutes, and district/school policies and regulations.
Reporting Procedure
Complaints alleging violations of this
Policy shall be reported to the Principal or his/her designee. All school
employees are required to report alleged violations of this Policy to the
Principal or his/her designee. All other members of the school community,
including pupils, parent(s) or legal guardian(s), volunteers and visitors are
encouraged to report any act that may be a violation of this Policy. While
submission of an Incident Report Form to the Principal or his/her designee is
not required, the reporting party is encouraged to use the Incident Report Form
available from the Principal office. Oral reports will also be considered
official reports. Reports may be made anonymously. However, formal disciplinary
action may not be based solely on the basis of an anonymous report.
Investigation
The Chief School Administrator or
his/her designee is responsible for determining whether an alleged act
constitutes a violation of this Policy. The Superintendent or his/her designee
shall conduct a prompt, thorough and complete investigation of the alleged
incident. The Superintendent or his/her designee will maintain a record of each
investigation regarding allegations of harassment, intimidation and bullying.
Response to an Incident of Harassment,
Intimidation or Bullying
Some acts of harassment, intimidation
or bullying may be isolated incidents requiring the school to respond
appropriately to the individual(s) committing the acts. Other acts may be so
serious or part of a larger pattern of harassment, intimidation or bullying
that require a response either at the classroom, school building or school
district level or by law enforcement officials.
JOBSTOWN, NEW JERSEY
CRITICAL POLICY REFERENCE MANUAL
Consequences
and appropriate remedial actions for pupils who commit an act of harassment,
intimidation or bullying range from positive behavioral interventions up to and
including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1,
Discipline of Pupils.
In considering whether a response
beyond the individual level is appropriate, the administrator will consider the
nature and circumstances of the act, the level of harm, the nature of the
behavior, past incidences, past or continuing patterns of behavior, and the
context in which the alleged incident(s) occurred. In response and to ensure
the health and safety of students and staff the school district may conduct an
information gathering or surveys, mail to focus groups for information, to
adopt a research-based bullying and prevention program model, to training
certificated and non-certificated staff. The district’s responses may include
participation of parents(s) or legal guardian(s) and other community members
and organizations, to small or large group presentations for fully addressing
the actions and the school district’s response to the actions in the context of
acceptable student behavior or the consequences of such actions and involvement
of law enforcement officers, including school resource officers.
Reprisal or Retaliation Prohibited
The
school district prohibits reprisal or retaliation against any person who
reports an act of harassment, intimidation or bullying. The consequence and
appropriate remedial action of a person who engages in reprisal or retaliation
shall be determined by the Chief School Administrator or his/her designee after
consideration of the nature and circumstances of the act, in accordance with
case law, Federal and State statutes and regulations and district policies and
procedures.
Consequences and
appropriate remedial action for individuals who falsely accuse students,
teachers, staff, and administrators.
Consequences for False Accusation
Consequences and appropriate remedial
action of a pupil found to have falsely accused another as means of harassment,
intimidation or bullying range from positive behavioral interventions up to and
including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1,
Discipline of Pupils.
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CRITICAL POLICY REFERENCE MANUAL
Consequences and appropriate remedial action
for a school employee found to have falsely accused another as a means of
harassment, intimidation or bullying shall be discipline in accordance with
district policies and procedures.
Consequences and appropriate remedial
action for a visitor or volunteer, found to have falsely accused another as a
means of harassment, intimidation or bullying shall be determined by the
Principal or his/her designee, after consideration of the nature and
circumstances of the act, including reports to appropriate law enforcement
officials.
Policy Publication
This Policy will be disseminated
annually to all school staff, pupils, parents(s) or legal guardian(s), along
with a statement explaining that the Policy applies to all acts of harassment,
intimidation and bullying that occur on school property, at school-sponsored
functions or on a school bus.
On an annual basis the Superintendent
shall develop a process for the school staff(s) to discuss the school
district’s policy on harassment, intimidation and bullying with pupils.
Harassment, Intimidation and Bullying
Prevention Programs
Pursuant
to N.J.S.A. 18A:37-17.c., information regarding the district’s Harassment,
Intimidation and Bullying Policy shall be incorporated into a school’s employee
training program.
Pursuant
to N.J.S.A. 18A:37-17.a., the district will establish bullying prevention
programs, and other initiatives involving school staff, pupils, administrators,
volunteers, parent(s) or legal guardian(s), law enforcement and community
members in developing such programs and initiatives.
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CRITICAL POLICY REFERENCE MANUAL
Pursuant
to N.J.S.A. 18A:37-17.b., the district will encourage and to the extent funds
are appropriated for these purposes, provide training on the school district’s
harassment, intimidation and bullying policies to school employees and
volunteers who have
significant contact with pupils and develop a process for discussing the school
district’s harassment, intimidation and bullying policies with pupils.
Pursuant to N.J.S.A. 18A:37-19, the
school district may apply to the Commissioner of Education for additional costs
due to the implementation of the provisions of N.J.S.A. 18A:37-13 through
N.J.S.A. 18A:37-18.
The
Superintendent will forward a copy of this and related Policy to the
DATE ADOPTED AS POLICY #5131.2:
DATE UPDATED POLICY #5131.2:
DATE UPDATED POLICY #5131.2:
LEGAL REFERENCES:
N.J.S.A. 18A:37-13 through 18A:37-19
P.L. 2007, c.129, amends N.J.S.A. 18A:37-15 and includes electronic communication in the definition of public school “harassment, intimidation or bullying”<