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HomeMy WebLinkAboutRes 10-10 WA Amending the Dixcipline policy WESTLAKE ACADEMY RESOLUTION 10-10 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING AND AMENDING THE DISCIPLINE POLICY AT WESTLAKE ACADEMY. WHEREAS, the Board of Trustees recognizes that a safe and non-disruptive environment is central to the education of the students and as such, desires to amend the policy, which is designed to create this type of atmosphere; 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 the 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 for Westlake Academy, hereby approves the amended policy titled,Discipline, 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 Board hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: THAT this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 16th DAY OF AUGUST, 2010. XU Laur Wheat, President ATTEST: Kelly Edwa s, Board Secretary Thomas E. peri tendent APPROVED AS TO FORM: School Attorney Resolution 10-10 Page I of 6 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 09-14 Date Board Adopted: August 3, 2009 Date Board Amended: August 16, 2010 Effective Date: August 16, 2010 Policy Name: Discipline Policy Category: Governance 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 describe the acceptable standards of student conduct and the disciplinary consequences applicable to violations of the standards of conduct or other school or classroom rules. Both parents and students are expected to sign acknowledgement of the receipt and review of the Parent/Student Handbook for each year in which the student is enrolled in the Academy. A student that fails to provide a signed acknowledgment within the allotted time frame may be subject to expulsion from the Academy. Revisions to the Handbook that are made during the school year shall be made available promptly to students, parents, teachers, administrators, and others. Resolution 10-10 Page 2 of 6 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 and reflection by the student 3. For more serious offenses, Principal directed disciplinary action 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 action may include: 1. Detention 2. In-school Suspension 3. Saturday School 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 Depending on the severity of an offense, 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. 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 circumstances of each case. Factors that may be considered include: a. Seriousness of the offense; b. Student's age; Resolution 10-10 Page 3 of 6 c. Frequency of misconduct, d. Student's attitude; e. Potential effect of the misconduct on the school environment; f. Provisions of the Parent/Student Handbook. 3. 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. 4. Discipline for serious offenses: A student may be removed from class if the student 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. A student may be removed from class 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: a) Engages in conduct punishable as a felony, b) Engages in conduct that contains the elements of assault, under Penal Code 22.01(a)(1), c) 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. d) 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, e) 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, f) Engages in conduct that contains the elements of the offense of public lewdness under Penal Code, 21.07, Resolution 14-10 Page 4 of 6 g) Engages in conduct that contains the elements of the offense of indecent exposure under Penal Code, 21.08. h) Students shall not smoke, use or possess tobacco products, 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. The consequences for a serious offense may result in disciplinary action up to and including expulsion on the first offense. Serious offenses may also include other prohibited behaviors as identified in the Parent/Student Handbook based on the circumstances and severity of the offense. 5. Prior to expulsion from Westlake Academy, a student will have an opportunity for a hearing before the appropriate Principal. The student's parent shall be notified in advance of the hearing. If the Principal recommends expulsion, the student may appeal that decision to the Superintendent. If the Superintendent upholds the recommendation for expulsion, the student may appeal that decision to the Board of Trustees. Gun-Free Schools Act In accordance with the Gun-Free Schools Act, Westlake Academy shall expel, from the student's regular program, for a period of one (1) year, any student who is determined to have brought a firearm, as defined by federal law, to school. The Superintendent may modify the term of expulsion for a student or assess another comparable penalty that results in the student's exclusion from the regular school program, on a case-by-ease basis. 20 U.S.C. § 7151; Tex. Educ. Code §§ 12.104(b)(1), 37.007(e). For purposes of this policy, "firearm" means: A. 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; B. The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; D. Any destructive device. "Destructive Device" 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 Resolution 10-10 Page 5 of 6 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 parks 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 10-10 Page 6 of 6