HomeMy WebLinkAboutRes 21-24 Amending the BOT Discipline PolicyWESTLAKE ACADEMY
RESOLUTION 21-24
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
AMENDING THE DISCIPLINE POLICY - NO.5.02.
WHEREAS, Westlake Academy ensures compliance with all state and federal policies
and procedures; and
WHEREAS, Westlake Academy believes that no student has the right to impede, the
education of another student or disrupt the learning environment including their own; and
WHEREAS, Westlake Academy believes that excessive absences is disruptive to stud1-m
learn ing; and
WHEREAS, the Board of Trustees finds that the passage o `t"tis 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 Westlake Academy, hereby approves the
amended discipline policy for Westlake Academy 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 competentjurisdiction, such invalidity shall not affect the remainingprovisions
hereof and the Council hereby determines that itwould have adopted this Resolution without th
invalid provision.
SECTION 4: That this resolution shall become effective from and after iIs date of
passage.
PASSED AND APPROVED ON THIS I'DAY OF NOVEMBER, 2021.
ATTEST:
11'1'&P4
Tod Wood, Board Secretary
APPROVED AS TO FORM:
— e- 4 pt"
Janet S. Bubert or L. S-anton Lowry,
School Attorney
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Laura Wheat, President
Amanda DeGan, Superintendent
Exhibit "A"
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 5.02:
Date Board Adopted: August 3, 2009
Date Board Amended: November 1, 2021
Effective Date: November 1, 2021
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:
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
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 1
— discipline consequences shall be handled by the classroom / subject
matter teacher.
• Level
11 and 111 — 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;
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 Academy.
In addition to the above provisions, the following conduct may result in appropriate
discipline, up to and including expulsion:
• 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
• Excessive absences, which is defined as 10 or more consecutive unexcused
absences.
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.
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
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
11/1/21