Progressive Discipline Policy
PROGRESSIVE DISCIPLINE POLICY
Franklinton Preparatory Academy's Progressive Discipline Policy includes behavior expectations, and consequences of misbehavior; and describes polices regarding expulsion, suspension, exclusion, due process, and discipline for students with disabilities. These policies are public and are provided to each FPA student and family.
The purpose of the school's Progressive Discipline Policy is to create, promote and protect a learning environment within our community that is safe, productive and supportive of high academic achievement and positive relationship development. Though the school leader has the ultimate responsibility for the implementation and operation of the discipline policy, all professional staff members are responsible for the consistent application of the policy.
The Progressive Discipline Policy is divided into 4 levels with each level representing progressively more serious misbehavior and consequences. The level of the consequence is based on the severity and repetition of the inappropriate / unacceptable behavior.
- Expectations. FPA students will behave reasonably and with self-discipline
- Self-discipline defined. Students making appropriate choices without coercion from adults or other students
- Reasonable Rules, Well-Publicized.
- The Rules, Processes and Procedures in place at the Franklinton Preparatory Academy have been adopted because they are necessary to protect our students’ mental and physical health and to foster academic growth so that our students can graduate high school.
- The Rules, Policies, Procedures and Consequences are well-publicized throughout our school environment and referenced and reinforced in our school culture. Students are expected to know them.
- Change Takes Time
We understand that changing behaviors that have developed and persisted over years is a process and not an event. We recognize and accept that for some students, change will be difficult.
- No Educational Thievery
No one student’s behavior will be allowed to interfere with the educational pursuits of other members of our learning community.
- It's the Behavior, Never the Student
When handling instances of student misbehavior the FPA faculty and administration focus on the inappropriate behavior, not the character of the student.
- Respect is a Two-Way Street
In order to receive respect, we must give it. Acceptance of our differences is essential. We accept, and where possible embrace, our diversities in beliefs, attitudes, styles, races, genders, sexual orientations, spirituality, religious affiliations and socioeconomic backgrounds.
- It's the Same Everywhere
General standards of student conduct will be consistent throughout the school and during any school sponsored activity regardless of its location, including on a bus associated with a school activity. These standards will be referenced and enforced by faculty and staff.
- Learning From Our Mistakes
Every student discipline intervention is an opportunity for teachers, faculty, staff and administration to model and to teach appropriate, expected behavior, and for students to learn and grow from behavior inconsistent with FPA’s principles.
THE FOUR LEVELS OF UNACCEPTABLE BEHAVIOR
Policy manuals, codes of conduct and student handbooks are incapable of covering every disciplinary situation that may occur in a school setting. FPA believes it is more effective to create a level system that is designed to be inclusive enough to cover all instances of student misbehavior through the use of definitions rather than specific acts or behaviors.
Level 1: Productive Personal Environment
A Level 1 behavior is one that occurs in the classroom and interferes only with the learning of the student who demonstrates the behavior. In almost all instances, a teacher can correct these behaviors without disrupting the learning environment and other students. The teacher should not stop the class or activity to correct a Level 1 behavior.
Examples of Level 1 Behavior
- Failing to turn in homework / failing to complete assignments
- Being off-task but not disruptive
- Being tardy or late to class
- Not having supplies, equipment, materials
Level 2: Productive Classroom Environment
Creating and maintaining a productive classroom environment is the highest priority for teachers at FPA. A Level 2 act or behavior is one that occurs in the classroom and disrupts the learning of other students. Helping FPA students to refrain from Level 2 behaviors is a primary goal of FPA’s professional staff. Consequently, a Level 2 behavior requires the immediate attention of the teacher and immediate correction.
Examples of Level 2 Behaviors
- Failing to follow a reasonable request of the teacher
- Disrupting other students in any way
- Clothing, cleavage, singing, talking, etc.
- Not following classroom rules with respect to seat time
- Improper use of equipment
Level 3: Orderly Community Environment
A Level 3 behavior occurs outside of the classroom, is damaging to the order and focus of the school environment, but is not intended to hurt or harm others and is not illegal (Level 4 behaviors). Level 3 behaviors threaten the health and welfare of FPA’s community, productive classrooms and learning environments and are therefore serious and require the immediate and consistent intervention of all professional staff member who become aware of the activity / behavior. The prevention and intervention on Level 3 behaviors is a whole-staff responsibility.
Examples of Level 3 Behaviors
- Disruptive behavior in the hallways, bathrooms, before or after school, and at school activities
- Inappropriate touching, displays of affection
- Loud or rude or inappropriate language and behavior
- Truancy and tardiness
- Destruction and defacement of property
Level 4: Safe Community Environment
In general, Level 4 behaviors can be classified in two categories. A behavior that meets the criteria in either category qualifies as a Level 4 behavior.
- Behaviors that are intended to or potentially may cause physical, emotional or mental harm to another and
- Behaviors that are illegal
Level 4 behaviors require the immediate intervention by professional staff, the school administrator or his/her designee, contacting of parents and, where required, law enforcement officers.
Examples of Level 4 Behaviors
- Weapon possession or use
- Smoking in the building
- False alarms, fire and bomb threats
- Criminal vandalism
- Intimidation, both verbal, non-verbal and through social media, of any member of FPA’s learning community including students and teachers
- Bullying, both verbal, non-verbal and through social media, of any member of FPA’s learning community including students and teachers
- Felony theft
- Hitting, pulling hair, kicking with the intent to cause physical harm
- Gross disrespect toward an adult (threatening, name-calling, use of profanity)
- Sexual harassment
Franklinton Preparatory Academy reserves the right to discipline students’ off campus behavior when it substantially disrupts the School’s educational process or mission, or threatens the safety or well being of students or staff members.
Some factors that may be considered in determining whether the behavior warrants discipline include, but are not limited to, the following:
- Whether the behavior created material and substantial disruption to the educational process or School’s mission due to the stress on the individual(s) victimized or the time invested by Staff in dealing with the behavior or its consequences;
- Whether a nexus to on-campus activities exists;
- Whether the behavior creates a substantial interference with a Student’s or Staff member’s security or right to educate and receive education;
- Whether the behavior invades the privacy of others; or
- Whether any threat is deemed to be a true threat by the administration or Board, using factors and guidelines set out by the courts or by common sense, reasonable person standards.
RANGE OF POSSIBLE CONSEQUENCES FOR LEVEL 1 – LEVEL 4 BEHAVIORS
Franklinton Preparatory Academy believes that student behavior inconsistent with the PDP requires a measured response that is consistent with the values of the school, its mission and philosophy. While striving to be consistent in the administration of consequences, FPA retains the flexibility to decide consequences on an individual case-by-case basis. Our objective is to evaluate each instance of student misbehavior and apply a consequence that is appropriate and effective for the particular student.
The consequences that follow represent a range of sanctions, all of which are available to FPA’s teachers and to its administration as responses to student misbehavior. This list is not exclusive, however. FPA will continue to revisit its PDP each year in an ongoing effort to help students behave with discipline and dignity.
- Eye Contact: Making eye contact with the student accompanied with nonverbal reminders
- Geographic Movement: The teacher can move into the general space by the student
- Informal talk: Before or after class, in the hallways, before or after school
- Formal "circle" conversation at a specific time and with others present as needed
- Verbal reprimand: Quiet, non-confrontational
- Seat Change
- Schedule Change
- Short-term, teacher facilitated isolation or removal from the learning environment
- Phone call home
- Loss of certain privileges
- Family Conference
- Referral to the school administrator
- Adoption of a Behavioral Contract
- Community Service Work
- In-school and/or after-school detention
- Emergency Removal
- Out of school suspension (1 – 10 days)
- Long-term suspension or expulsion
- Permanent Exclusion
The Severity of Some Behaviors: Some acts of harassment, intimidation, bullying, disparagement, and cyber-bullying may be isolated incidents requiring that the school respond appropriately to the individuals committing the acts. Other acts may be so serious or part of a larger pattern of harassment, intimidation, bullying, disparagement, or cyber-bullying that they require a response by the classroom teacher, by the School administration, or by law enforcement officials. Consequences and appropriate remedial actions for students who commit an act of harassment, intimidation, bullying, disparagement, or cyber-bullying range from positive behavioral interventions up to and including suspension or expulsion. See also Policy JFCF: Bullying and Other Forms of Aggressive Behavior.
In some instances, a FPA student may be removed from school if his / her presence constitutes a continuing danger to persons or property or if the student in school presents an ongoing threat of disrupting the academic process. In the event a student is removed, FPA will provide written notice of the reasons for the removal to the parent, guardian or custodian. The notice will include information explaining the process to hold a hearing within three days following the removal to challenge and/or explain the reasons behind the student’s actions.
When suspending a student, FPA will provide written notice of the reason for the suspension, the length of the suspension and when the student may return to school. In some instances, the suspension notice may require the parent/guardian to accompany the student back to school prior to re-admission.
If all other attempts to modify student behavior are unsuccessful, or a serious violation of the Code of Conduct is committed, the student may be recommended for expulsion from school. If a student is expelled, the length of the expulsion may be up to 180 school days and may extend into the following semester or school year. FPA may allow a student the opportunity to make up schoolwork missed as a result of expulsion.
O.R.C. 3313.662 permits the state superintendent of public instruction, upon the request of a local board of education, to permanently exclude certain pupils from attending any public school in the state under certain conditions, specifically if the offense was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of a city, local, exempted village, joint vocational school district, or post-secondary schooling location; and/or if the victim at the time of the commission of the act was an employee of that board of education, or a student or a visitor in that school. To permanently exclude would mean to forever prohibit an individual from attending any public school in this state that is opened by a city, local, exempted village or joint vocational school district. The state superintendent may permanently exclude a pupil if the pupil is convicted of or adjudicated a delinquent child for committing, when he was age 16 or older, any of the following offenses or acts that would be offenses if committed by an adult. The student is to inform the school when he/she reaches the age of 22 so that any records retained by the school indicating permanent exclusion action taken against the student will be destroyed.
- Illegal conveyance or possession of a deadly weapon or dangerous ordnance on school premises.
- Carrying a concealed weapon, municipal ordinance substantially similar to that offense, or aggravated trafficking, trafficking in drugs, or trafficking in marijuana involving the possession of a bulk amount or more of a controlled substance or the sale of a controlled substance.
- Aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, rape, gross sexual imposition or felonious sexual penetration.
- Complicity in any violation described in items 1, 2 or 3 above, that was alleged to have been committed in the manner described in items 1, 2 or 3 above, regardless of whether the act of complicity was committed on property owned or controlled by, or at any activity held under the auspices of a school board, including extra-curricular activities, the joint vocational schools and post-secondary options locations.
DUE PROCESS AND RIGHT OF APPEAL
- Suspension: When a student is suspended out of school by the superintendent, principal, or other administrator:
- When possible, the student will receive written notification of the reason for the suspension, its length and the date the student may return to school.
- When possible, the student will be afforded an opportunity to challenge the reason for the suspension and to explain his/her actions.
- School personnel will attempt to notify parents or guardians by telephone and a letter detailing the reason for the suspension; its length and the date the student may return to school will be mailed to the address on file of the student’s primary caregiver.
- NOTE: If the assigned school discipline is served entirely in the school setting, it will not require any notice or meeting or be subject to appeal.
Right to Appeal
The pupil, parent, guardian, or legal custodian may file an appeal of the administrative decision to suspend or expel a pupil to the Board of Education or designee by filing a notice of appeal in writing with the Treasurer within 14 calendar days of the formal written notice of suspension or expulsion to the parent, guardian, or custodian of the pupil. Failure to timely file an appeal in this manner waives any right to appeal the suspension or expulsion.
- Expulsion: In the instance where FPA moves to expel a student, it will first provide the student and the parent, guardian, or custodian written notice of the intent to expel and an opportunity to appear in person before the superintendent or superintendent's designee to challenge the reasons for the intended expulsion or otherwise explain the student's actions.
The written notification will include the reasons for the intended expulsion, notification of the opportunity to appear in person to challenge the reasons for the intended expulsion and notification of the time and place to appear. The hearing will be scheduled no earlier than three school days and no later than five school days after notice is given unless the student or parent, guardian or custodian requests otherwise.
Within one day after the hearing, the superintendent or principal must provide the student’s parent or guardian with written notice of the suspension or expulsion. The notice must include the reasons for the expulsion or suspension, notification of appeal rights to the board of education (or its designee), notification of counsel rights in all appeal proceedings, and notification of the student’s right to be granted a hearing before the board of education to challenge the suspension or expulsion.
Students may appeal a decision to suspend or expel to FPA’s Board of Education and may request that the school board hear the details of the appeal in a closed ("executive") session, but the board must issue its decision during a public meeting.
Decisions may be appealed to the Ohio Courts of Common Pleas.
Notice to the Registrar of Motor Vehicles
Notice to the Registrar of Motor Vehicles is not optional but mandatory whenever a student is suspended, expelled, removed, or permanently excluded from a school for misconduct involving a firearm, knife, or other weapon as defined in board policy. As in the case of drug- or alcohol-related offenses, the superintendent must notify the juvenile judge of the county of such offense, in writing, within two weeks of the disciplinary action. Upon receiving the notice, the Registrar is required to suspend any existing license or permit and deny issuance of any new license or permit.
Notice to College Credit Plus program colleges
If a student is enrolled in a college credit plus program, whether during regular school hours or beyond those hours, at the time an expulsion is imposed, FPA is required to inform the college of the expulsion. The notice shall indicate the date the expulsion is scheduled to expire. FPA will deny high school credit for any and all courses taken under the college credit plus program during the term of an expulsion. The college will notify the student that he or she is ineligible to enroll in the college during the term of the expulsion, and that participation in the college credit plus program is revoked. Applicable fees, textbooks, and materials shall be paid for or reimbursed according to the processes outlined in ORC 3365.032.
RE-INTEGRATING STUDENTS FROM LONG-TERM SUSPENSIONS (10 DAYS) OR EXPULSION
A long-term suspension or expulsion from FPA will result from the most serious Level 4 behaviors or repeated Level 2 and 3 behaviors. If a student’s behavior warrants either of these consequences, FPA may provide the student with the opportunity to continue to earn academic credit during the term of the suspension or expulsion. How this will be accomplished will be determined on a case-by-case basis.
Missed Work: While serving Out-of-School Suspension students may be permitted to make up class work, tests, papers, and/or major projects missed for full credit.
Blended Learning Program: With some students, FPA may recommend either a short-term or longer-term enrollment in its Blended Learning Program. FPA’s program is used with a variety of student situations, most of which are non-behavior related. In the event that it is recommended for students with behavior challenges, the Blended Learning Program enables students to continue academic studies via FPA’s digital curriculum through limited, restricted, controlled school attendance combined with computer access and teacher facilitation.
Upon returning to school, each student will be accepted back into our learning environment in a manner consistent with the foundational beliefs of FPA’s PDP and its mission, core values and philosophy.
DISCIPLINE OF DISABLED STUDENTS
Including Compliance With The Americans For Disabilities Act, Section 504 Of The Rehabilitation Act Of 1973 And The Reauthorized Individuals With Disability Education Act Of 1977.
Franklinton Preparatory Academy complies with The Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 and the Reauthorized Individuals with Disability Education Act of 1977 prohibits discrimination against persons and students with a disability. At Franklinton Preparatory Academy, this means that a student with a disability has the right to a well-rounded education, and equal access to resources, transportation and post pre and post school activities. At Franklinton Preparatory Academy, disabled students are entitled to receive the same services, benefits and educational standards as other students. FPA is required to make these services readily available to disabled students. Disabled students are given the same opportunities as other students to achieve the same results, gain the same benefit and/or participate in all of the activities of which they are otherwise capable.
For disciplinary actions lasting 10 school days or less:
- A student with a disability who has an IEP in effect can be disciplined like any other student who violates the School code of conduct
- During the time the student is in the disciplinary setting, the School is not required to provide any educational services (including special education) to the student, unless the School provides educational services to non-disabled students in the same circumstances
- Parents may request that the School continue educational services for the student during the time of the disciplinary action or somehow allow the parent to facilitate the student’s completion of schoolwork. While the School is not required to grant such requests, the School may allow it so that the student doesn’t fall behind.
For Disciplinary actions resulting in removal of more than 10 school days in the same year (whether or not the days are consecutive):
- The School must provide special education services that allow the student to:
- Continue to participate in the general education curriculum, although in another setting; and
- Progress toward meeting the goals outlined in the student’s IEP.
- If the action does not result in exclusion from School for more than 10 consecutive school days and does not constitute a change of placement (i.e., when there is evidence that there is a pattern of exclusions that do not exceed 10 school days), school personnel, in consultation, must determine what services the student should be provided.
(Note: A “change of placement” occurs when the student is excluded from his/her current placement for more than 10 consecutive school days in a school year or upon the 11th school day that a child is excluded from his current placement when there is evidence of a pattern of a “series of removals.”)
- If the disciplinary action results in an exclusion from School that is a change of placement, the student’s IEP team must meet to determine the exact educational services needed while the student is assigned to the interim alternative education setting.
- Within 10 days from the beginning of a disciplinary action that results in an exclusion that exceeds 10 school days, the School, the parents, and relevant members of the student’s IEP team must meet to determine if the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability.
The Discipline Process For A Student with Disabilities, and for a Student with a 504 Plan.
Disabled Students, and students with a Section 504 Plan are subject to the same disciplinary action as a non-disabled student, provided that the student’s behavior is not a manifestation of his or her qualifying disability. A Manifestation Team will conduct a manifestation determination meeting whenever a disabled student is subject to out-of-school suspension for 10 consecutive school days or more. If the Team concludes that the violation is a manifestation of the student’s qualifying disability, the discipline process must end and the Team should review the IEP or the 504 Plan to determine if changes are appropriate. If the violation is determined not to be a manifestation of the identified disability, the student is subject to the same disciplinary action that any non-disabled student would receive for the same violation.
A Manifestation Team consists of persons who have knowledge of the student, and the meaning of the information that will be reviewed, will make the manifestation determination. When possible, the members of the Team should be the same members, or in similar positions, as the personnel who developed the student’s IEP or 504 Plan. School officials responsible for school disciplinary procedures, such as the Principal or designee, cannot make the determination. However, such administrators may present pertinent student information to the Manifestation Team.
Parent Right to Appeal
Parents have the right to challenge any decisions made regarding the interim alternative educational setting or the determination regarding the “manifestation determination” by asking for a due process hearing. Schools can also request a hearing if school personnel feel that returning a student to the original educational setting is highly likely to result in injury to the student or to others.
In either case, the hearing must be “expedited” by:
• Holding the hearing within 20 school days of the date requested; and
• Issuing a decision by the hearing officer within 10 school days after the hearing.
During the appeal process the student remains in the interim alternative educational setting, unless the parent and the state agree otherwise or the time period for the infraction (e.g., 45 school days for special circumstances or duration applied to non-disabled students) has expired.
Approval: February 28, 2013
Revised: April 2016, May 21, 2018