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HomeMy WebLinkAboutRes 18-13 WA Amending and adding policies Code of Conduct Discipline Student Records WESTLAKE ACADEMY RESOLUTION 18-13 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING THE CODE OF CONDUCT AND DISCIPLINE POLICIES AND ADDING STUDENT RECORDS POLICY IN THE BOARD POLICY MANUAL. WHEREAS, Westlake Academy ensures compliance with all state and federal policies and procedures; and WHEREAS, Westlake Academy ensures a free and appropriate education to all students; and WHEREAS,Westlake Academy works to update all policies in a timely manner to reflect legislative changes and ensures these policies are easily accessible to stakeholders; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees of Westlake Academy, hereby approves the amendment and addition of these policies in the Board Policy Manual attached to this resolution as Exhibit "A". SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-13 Page 1 of 13 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5th DAY OF NOVEMBER 2018. ki., �. � % ATTEST: Laura Wheat, President i Fouoiakir !/ �il��� it .1I Kell Edw...s, Board Secretary Thomas E. Bry, Super'ntendent APPROV AS Tq-FORM: df Janes Bub i rrr iliMr ton Lowry, School Attorney Resolution 18-13 Page 2 of 13 Exhibit A TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 3.14: Date Board Adopted: October 2, 2018 Date Board Amended: Effective Date: October 2, 2018 Policy Category: Parent, Student and Faculty Relations and Expectations Policy Name: Student Records Policy Goal: The purpose of the Westlake Academy Student Records policy is to inform students of their rights and responsibilities pertaining to their school records, in compliance with federal requirements as prescribed by law. It is also designed to protect the privacy of student records while articulating definitions relating to student records, how these records may be accessed and disclosed, the complaint procedure and other information relevant to the student record. Compliance with FERPA: The use and/or disclosure of all student records shall comply with the Family Educational Rights and Privacy Act ("FERPA"). Custodian of Records: Westlake Academy is designated as the custodian of all student records. Requests concerning the disclosure of student records should be directed to programme principals. Annual Notice: The Academy shall ensure that all parents of currently-enrolled students and currently-enrolled adult students annually receive a notice of their rights under FERPA. Procedure to Amend Records: Within 15 Academy business days of the record custodian's receipt of a request to amend records, the Academy shall notify the parents in writing of its decision on the request and, if the request is denied, of their right to a hearing. If a hearing is requested, it shall be held within ten Academy business days after the request is received. Parents shall be notified in advance of the date, time, and place of the hearing. An administrator who is not responsible for the contested records and who does not have a direct interest in the outcome of the hearing shall conduct the hearing. The parents shall be given a full and fair opportunity to present evidence and, at their own expense, may be assisted or represented at the hearing. Resolution 18-13 Page 3 of 13 The parents shall be notified of the decision in writing within ten Academy business days of the hearing. The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision. If the decision is to deny the request, the parents shall be informed that they have 30 Academy business days within which to exercise their right to place in the record a statement commenting on the contested information and/or stating any reason for disagreeing with the Academy's decision. Resolution 18-13 Page 4 of 13 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 5.01: Date Board Adopted: August 3, 2009 Date Board Amended: November 5, 2018 Effective Date: November 5, 2018 Policy Category: Governance Policy Name: Code of Conduct Policy Goal: To delineate the standards of conduct for students, parents, teachers and administrators. Policy Description: Westlake Academy promotes integrity, truth, knowledge, trust, discipline, and respect in a safe learning and teaching environment. The Code of Conduct applies to all students, parents, teachers and administrators, each of whom has the right to a safe and productive environment. The underlying goal of the code of conduct is to create a community of learners who develop the skills and attitudes to become self- disciplined. Westlake Academy policies regarding the code of conduct will be disseminated to all students and parents/guardians through the publication of the Parent/Student Handbook. Westlake Academy Code of Conduct 1. All members of the Westlake Academy school community — the students, parents/guardians, volunteers, teachers, staff and administrators — must observe the regulations. 2. All members of the school community are to be treated with dignity and respect. 3. Responsible citizenship involves appropriate participation in the school community. Each member accepts the responsibility to participate in a manner reflecting dignity and respect. 4. Positive reinforcement of good behavior is the most effective means of promoting high standards of behavior and academic achievement. Resolution 18-13 Page 5 of 13 5. Disruptions of class impede student learning and teacher productivity. All members of the school community are responsible for maintaining a positive learning environment. 6. All stakeholders are expected to act with integrity in academic and non- academic contexts. Roles and Responsibility School Board: Is responsible for adopting policies that ensure individual student opportunity, excellence, and accountability for the Westlake Academy school community. The School Board will: • Develop policies that communicate and uniformly enforce the Westlake Academy Code of Conduct in a manner that ensures the Board's commitment and support. • Seek input from students, parents, and staff and review Academy policies regularly. • Provide opportunities for staff to acquire the knowledge and skills necessary to maintain excellence. Superintendent: Is responsible for providing a safe and positive learning environment in compliance with State and Federal laws and regulations and the direction of the School Board. Executive Director of the Academy: Is responsible for all daily operations of the school, including oversight of personnel, curriculum development, enforcement of School Board policies and compliance with state and federal reporting guidelines; developing the annual budget and strategic planning to be submitted to the Board for approval; establishing parental participation and involvement opportunities and guidelines; and regularly communicating with students, parents, Westlake Academy affiliated groups and the school community. Head(s) of Section: Is directly responsible for the organization and the administration of their section. Head(s) of Section will work in collaboration with teachers, to maintain a positive safe learning environment. Teachers and School Staff: Under the leadership of the Head of Sections and executive manager, will maintain order in the school and are expected to hold everyone to the highest standard of respectful and responsible behavior. As role models, staff upholds these high standards when they: • Communicate regularly and meaningfully with parents when needed; • Maintain consistent standards of behavior for all students; • Demonstrate respect for all students, staff, and parents; • Prepare students for the full responsibilities of citizenship. Resolution 18-13 Page 6 of 13 Students: Are to be treated with respect and dignity. In return, they must demonstrate respect for themselves, for others, and for the responsibilities of citizenship through acceptable behavior. Respect and responsibility are demonstrated when a student: • Comes to school prepared, on time, and ready to learn; • Comes to school properly dressed in our school uniform; • Shows respect for him/herself, for others, and for those in authority; • Refrains from bringing anything to school that may compromise the safety of others; • Follows the established rules and takes responsibility for his or her own actions; • Is responsible for turning in all assignments on time. Parents: Play a vital role in the education of their children and have a responsibility to support the efforts of school staff in maintaining a safe and respectful learning environment for all students. Parents fulfill this responsibility when they: • Show an active interest in their child's school work and progress; • Communicate regularly with the school; • Help their child be neat, appropriately dressed, and prepared for school; • Ensure that their child attends school regularly and on time; • Promptly report to the school their child's absence or late arrival; • Encourage and assist their child in following the rules of behavior; • Assist school staff in dealing with disciplinary issues. • Follows the complaint procedure in case of grievance. Students violating the Code of Conduct will be subject to progressive disciplinary actions and/or expulsion as outlined in the Parent/Student Handbook. Resolution 18-13 Page 7 of 13 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 5.02: Date Board Adopted: August 3, 2009 Date Board Amended: November 5, 2018 Effective Date: November 5, 2018 Policy Category: Governance Policy Name: Discipline Policy Goal: Description of the discipline policy Policy Description: Our primary belief is that no student or member of the Westlake Academy community has the right to impede the education of another student. Any behavior, which is disruptive to the learning environment, will not be tolerated and appropriate disciplinary action will be taken, as necessary, to ensure the integrity of the learning environment. The Academy encourages parents to work with their children and school personnel to establish clear expectations for student behavior. Staff and students will use the IB learner profile attributes as a basis for the development of a constructive behavior environment. Every effort will be made to develop positive consequences, which can be applied to individual students as well as classrooms. Consistency is important and will be a priority in decisions involving student behavior and discipline in order to establish firm and consistent limits for students. The IB program also establishes a positive educational environment for both the student and teacher. Parent/Student Handbook: Each year, Westlake Academy shall make available the Parent/Student Handbook, which shall include a Code of Conduct that describes the acceptable standards of student conduct and the disciplinary consequences applicable to violations of the standards of conduct, school trip policies or other school or classroom rules. Through their enrollment in the Academy, both parents and students acknowledge access to the Parent/Student Handbook, which is available on the school's website or in hard copy upon request. Revisions to the Handbook that are made during the school year shall be made available promptly to students, parents, teachers, administrators, and others. Progressive Discipline: Generally, consequences for disregarding acceptable standards of conduct or school and classroom rules will include one or more of the following: Resolution 18-13 Page 8 of 13 1. Warning from teacher or any member of school staff and reflection by student 2. Disciplinary action from classroom teacher, parent notification, and reflection by the student 3. For more serious offenses, Principal directed disciplinary action, parent notification, and reflection by the student 4. For repeated infractions or serious offenses, disciplinary action by the Principal or Superintendent, parent notification and reflection by the student Disciplinary consequences will be reviewed by school personnel according to a grid system. The grid will identify types of offenses, which are categorized into three (3) levels based on severity. Each level will identify the disciplinary consequences that may apply to offenses within that level. The grid will be updated and published in the Parent/Student Handbook on an annual basis. Disciplinary consequences may include: 1. Detention / Restitution-Reflection Activity (RRA) 2. Saturday School 3. In-school Suspension 4. Out-of-school Suspension 5. Expulsion 6. Or other consequences determined by the Principal or Superintendent to be appropriate in compliance with the procedures identified in the Parent/Student Handbook. Guidelines for Discipline Procedure: Westlake Academy personnel shall adhere to the following general guidelines when imposing discipline: 1. A student shall be disciplined when necessary to improve the student's behavior, to maintain essential order, or to protect other students, school employees, or property. 2. Students shall be treated fairly and equitably. Discipline shall be based on a careful assessment of the unique circumstances of each case following any applicable investigation. Factors that may be considered include: a. Investigative documentation of alleged offense; b. Seriousness of the offense; c. Student's age; d. Frequency of misconduct; e. Student's attitude; f. Potential effect of the misconduct on the school environment; g. Provisions of the Parent/Student Handbook. 3. Investigative processes may include, but are not limited to: a. Personal accounts of teachers/staff members b. Interviews/written statements of the student facing disciplinary action c. Interviews/written statements of other students involved in or witnesses to the alleged incident Resolution 18-13 Page 9 of 13 d. Search of student belongings (see the Interrogations and Searches Policy) 4. When applicable, the following steps will be taken to ensure Westlake Academy students receive appropriate due process: • The student will be informed of the prohibited conduct or rule violation that he/she is alleged to have committed. • The student will be provided information related to the factual basis for the allegations. • The student will have an opportunity to respond to the allegations and provide any additional information relevant to the allegations, including any defenses or other mitigating factors. Discipline Processes: As stated, conduct violations will be reviewed according to a discipline grid. • Level I — discipline consequences shall be handled by the classroom / subject matter teacher. • Level II and Ill— discipline consequences shall be handled by the Principal /Assistant Principal as appropriate. School personnel may request immediate intervention by the Principal or Superintendent in any disciplinary matter. Parents will be notified promptly if a student's behavior may result in a disciplinary consequence that includes detention for which the parent may need to make alternative transportation plans for the student, in-school suspension, out-of- school suspension, or proposed expulsion. The consequences for a serious offense may result in disciplinary action up to and including expulsion on the first offense. Expellable Offenses: A student may be expelled if the student commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line or while attending a school-sponsored or school-related activity on or off school property: 1. Engages in conduct punishable as a felony; 2. Engages in conduct that contains the elements of assault, under Penal Code 22.01(a)(1); 3. Sells, gives, or delivers to another person, or possesses, uses, or is under the influence of: a. Marijuana or a controlled substance, as defined by the Texas Controlled Substances Act, Health and Safety Code Chapter 481, or by 21 U.S.C. 801, et seq; b. A dangerous drug as defined by the Texas Dangerous Drug Act, Health and Safety Code, Chapter 483; 4. Sells, gives, or delivers to another person an alcoholic beverage, as defined by the Alcoholic Beverage Code, 1.04, or commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage; Resolution 18-13 Page 10 of 13 5. Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Health and Safety Code, 485.031 through 485.034; 6. Engages in conduct that contains the elements of the offense of public lewdness under Penal Code, 21.07; 7. Engages in conduct that contains the elements of the offense of indecent exposure under Penal Code, 21.08; 8. Uses or possesses tobacco products; 9. Engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Texas Penal Code 42.06, or terroristic threat under Texas Penal Code 22.07. Westlake Academy does not have a Disciplinary Alternative Education Program (DAEP). A student engaging in conduct that would support a mandatory or discretionary placement in a DAEP under the Texas Education Code may be subject to expulsion from Westlake Acdemy. In addition to the above provisions, any conduct by a student that poses a risk to the safety of the student, other students, school employees or school property may be treated as a serious offense and may result in the student's removal from class and other appropriate discipline, up to and including expulsion. Gun-Free Schools Act: In accordance with the Gun-Free Schools Act, Westlake Academy shall expel any student who is determined to have brought a firearm, as defined by federal law, to school. 20 U.S.C. § 7151; Tex. Educ. Code §§ 12.104(b)(1), 37.007(e). For purposes of this policy, "firearm" means: 1. Any weapon (including a starter gun) which will, or is designed to, or which may readily be converted to expel a projectile by the action of an explosive; 2. The frame or receiver of any such weapon; 3. Any firearm muffler or firearm silencer; and 4. Any destructive device, which means any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one- quarter ounce, mine, or device similar to any of the preceding described devices. It also means any type of weapon (other than a shotgun shell or a shotgun that is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and any combination of parts either designed or intended for use in converting any device into a destructive device as described in this item, and from which a destructive device may be readily assembled. 18 U.S.C. § 921. Resolution 18-13 Page 11 of 13 Expulsion Procedures: Before a student may be expelled, the student shall be provided a hearing at which the student is afforded appropriate due process as required by the federal constitution. The minimum procedural requirements necessary to satisfy due process depend upon the circumstances and the interests of the parties involved. Federal due process requires notice and some opportunity for a hearing. Upon recommendation for expulsion by a principal, a hearing shall be scheduled before the Superintendent or designee. 1. Notice. The notice shall contain a statement of the specific charges and grounds that, if proven, would justify expulsion. The student may be given the names of the witnesses against him or her and/or an oral or written report on the facts to which each witness testifies. 2. Hearing. The rights of the student may properly be determined upon the hearsay evidence of school administrators who investigate disciplinary infractions. The results and findings of the hearing should be presented in a report open to the student's inspection. Dixon v. Alabama State Bd. of Educ., 294 F.2d 150 (5th Cir. 1961), cert. denied, 368 U.S. 930 (1961). 3. Representative. At the hearing, the student is entitled to be represented by the student's parent, guardian, or another adult who can provide guidance to the student and who is not an employee of the Academy. If the Academy makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the Academy may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends. 4. Expulsion Order. The Superintendent shall deliver a copy of the order expelling the student to the student and the student's parent or guardian. Notice of the expulsion order shall also be forwarded to the student's home school district in compliance with state law. 5. Effect of Withdrawal. If a student withdraws from the Academy before an order for expulsion is entered, the principal or Board, as appropriate, may complete the proceedings, enter an order, and notify the student's home school district. The home district will determine whether or not to uphold the expulsion and/or place students in an alternative education program. Disciplinary Appeals: Disciplinary consequences that do not result in removal from the regular classroom may be reviewed at the campus level, but may not be appealed beyond the campus level. Out-of-School Suspension: A student assigned out-of-school suspension by a principal may appeal the decision to the Superintendent. The Superintendent or his/her designee will review the campus-level investigation and may conduct interviews or additional investigation if deemed appropriate. Within ten school days of receiving the appeal request, the Superintendent or designee will provide notice of his/her decision to: 1. Uphold the suspension; 2. Overturn the suspension; or 3. Assign an alternative Resolution 18-13 Page 12 of 13 consequence. The Superintendent or designee's decision is final and may not be appealed. Expulsion: An order by the Superintendent or designee to expel a student may be appealed to the Board. Dates Amended: 08/16/10 08/12/13 Resolution 18-13 Page 13 of 13