SECTION V

DEVELOPING A DISCIPLINE POLICY

1 .

POLICY FORMAT

86)

DEVELOPMENT OF A DISCIPLINE POLICY

Make decisions about the format the policy is going totake .

The one used throughout this process is designed underthe following headings :

CONTEXT :

What are the special need of our school?

RATIONALE :

School beliefs/philosophy are discipline .

GENERAL AIMS :

What the school is realistically toachieve .

METHOD :

Classroom strategies teacher employ innext aiming discipline .

RESOURCES :

Both human and material aids to supportdiscipline policy .

ORGANIZATION :

How the school organizes to maintaindiscipline .

EVALUATION :

How the school monitors how well it isachieving its aims in terms of

a)

disciplinary infractions .

b)

pastoral care and preventivediscipline .

The Process

STEP1 : CONTEXT

87)

i .e . WHAT ARE THE PARTICULAR NEEDS ANDCIRCUMSTANCES OF OUR SCHOOL :

Information needs to be gathered and shared in relation tothe school context so that everyone has a shared frameworkin which to examine school practice .

To gather such information the following areas may be usefulto consider :-

Records of disciplinary action .Teacher perceptions

School profile information

Parental Support and contact

Parental opportunities in school

Student records

Student attitude inventories

Information from these sources can be summarised and copies bedistributed to all participating members .

Decisions, therefore, have to be made about ;

i . What we need to know

ii . How we will qet the information

iii . How we will present it

iv . Resources we can use

STEP 2 : DIAGNOSIS

i .e . WHAT IS HAPPENING NOW?

RationaleGeneral AimsMethodsResourcesOrganisationEvaluation

88)

A policy should both reflect practice and the ideal andtherefore it is important that there is shared knowledgeof the state in which the school currently finds itselfin relation to :-

To gather information about this the following questionnairehas been used successfully by our schools . This questionnairecan be distributed to each staff member OR be used as thefocus of small group discussions .

The school will be embarking upon formulating a new discipline poli~y .All members of staff will be given the opportunity to beinvolved in this process .

A policy acts as a framework of reference or the setting forschool practice . It is a guideline which aims at co-ordinatingplanning, practice and evaluation .

As such it generally contains information related to thefollowing :-

a How we believe discipline is maintained .

What we aim to -adhieve with respect to student behaviour

a

How we aim to keep order (Method)

(General Aims)

How we organise for the above (Organisation)

e How we know how well the students are behauing(Evaluation)

Should there, however, be other areas that you considerimportant for inclusion, please note these in the spaceprovided in the questionnaire .

In formulating our new policy, we will be using a strategythat allows us to reflect upon our present practice in relationto some standard or framework i .e . syllabuses & needs of ourschool .In order to streamline the process the following questionnairehas been designed to gather information about a practice thatwill be used as the starting point in formulating our policy .

We would be grateful, therefore, if you could complete thefollowing and return to the office by

QUESTIONNAIRE :

89)

RATIONALE : 1 . What do you believe school discipline is?

AIMS : 2 . Generally what principal behaviour do you expect fromyour students?

METHOD : 3 . a) How do you teach to prevent disciplinary problems?

" b) How do you maintain discipline?

c) How do you cater for problem students?

RESOURCES : 4 . a) What access do you feel you have to resources formaintaining discipline?

b) Do you have any support e .g . Teacher Aide, Parents,Remedial teacher, withdrawal room, etc .

ORGANIZATION : 5 . How do you follow up on problem students/

EVALUATION : 6 . How well do you think you and your students areachieving the aims/objectives you set with respectto their behaviour?How do you know?

90)

Collated information is then recorded in the first column ofa sheet outlined below :

COLUMN I

COLUMN II

COLUMN III

STEP 3 :

ALTERNATIVES

i .e . WHAT ARE OTHERS DOING

Before deciding on policy it is important that schools are awareof alternative approaches so that they make the 'best' decisionsfor their pupils .

Ways that schools have organised for this to take place are asfollows :-

1 . Using abstracts of Departmental syllabus & notes

2 . Visiting speakers to address staff at staff meetings

3 . Films, videos etc .

4 . Readings

Information gathered from this step can be recorded inCOLUMN II on the sheet above .

WHAT'S HAPPENING NOW WHAT OTHERS ARE DOING DECISIONS

RATIONALE

AIMS

METHOD

RESOURCES

ORGANISATION

EVALUATION

STEP 4 :

DECISIONS

i .e . WHAT SHALL WE INCORPORATE INOUR POLICY ?

Decisions to be made consider all the issuesof :-

ContextDiagnosisAlternatives

Participants together decide upon items for inclusioninto their policy . These are recorded in COLUMNIIIof the sheet outlined on previous page .

STEP 5 : POLICY DRAFT

POLICY

STATEMENT & PRACTICE .

The diagram below illustrates this process .

Drafting the polciy from Decision E

4 Presentation of the Draft (To whom it may concern)for the APPROVAL/NON APPROVAL

Implementation

Review of Policy

e Implementation and review of the policy are vital to the processfor without evidence of the policy being put into effect there isno purpose in the exercise .

Returned tobe redrafted

Yearly reviews are being undertaken by some of ourschools . Staff meetings are set up to read the docu-ment and discuss the question

"DOES THIS STILL APPLY?"

Modifications or a repeat of the process may thenoccur .

SUMMARY EXAMPLE OF PROCESS :

STEP 1 :

STEP 2 :

93)

Finding out what is happening now .

PROCESS : Sending out a questionnaireto all members of staff &others considered relevant .

SEE SAMPLE

Collate information under headingsnominated in questionnaire on a sheet ofpaper divided and headed as suchFill in column 1 .

XHAT IS HAPPENING NOW WHAT SYLLABUS/DEPT SAYSIII :THAT SHALL WETHCORPORATF -- POLICY

Be ie s abou owlanguage is learned

General Aims

methods

Resources

Organization

Evaluation

What the syllabus/Dept has to say and how doesSTEP 3 : it suit the needs of our school?

PROCESS : * 1~ staff meeting in conjunction withsubject advisory .

* Use Dept . extracts (see samples) todiscuss and record factors that areimportant to your school .

Collate information in the second column ofSTEP 4 : the divided proforma .

STEP S : what do we want to happen for our school?

PROCESS : * 1~ staff meeting with facilitatorto discuss and make decisionsabout what will feature as policyfor the school

Presentation of draft policy .S-EP 6 :

PROCESS : * Hand out to staff prior to anextended recess or lunch timemeeting .

* Clarify and make alterations basedon staff reaction .

STEP 7 : Final policy to be implemented .

DOCOUNT 113052

is 199 " is

EA 013 386

TITLS

Resource Handbook on, Discipline Codes .,INS11TOTION

National School Resource Network, Washington, D . : .`PODS AGENCY .

Departaeat of Justice, Washington, D .C . U-Vice ofJuvenile Justice and Delinquency Prevention .

PUB DATE

80GRANT 79JS-AI-0019NOTE

279p .AVAILABLE FICA Oelgesahlager s Gunn S Hain, Publishers, Inc ., 1278

Massachusetts Ave ., Cambridge, HA 02134 (525 .001 .

LDRS PRICE

HY01 Plus Postage. PC Not Availtble from iDRS .DESCRIPTORS

Corporal Punishment ; Disabilities ; *DisciplinePolicy ; Due Process : Elementary SecoLdary Education :Grievance Procedures ; Married Students ; Police SchoolRelationship : Pregnant Students : *School Law : *SchoolPolicy ; School vandalism : special Education ; StateLegislation ; Student Behavior : Student Governme :t :Student Records ; *Student Rights ; Student SchoolRelationship . Suspension ; violence

ABSTRACTThis handbook is designed for all school and

community members who are interested in developing or improvingdiscipline policies and procedures . It is divided ;.nto seven, sectionscovering the various issues discipline policy writers must typicallyaddress . There are also guidelines for developing and communicatingdiscipline information and criteria for evaluating code : . Each of themajor topics in the handbook contains two types of - iLformation, astate-of-the-art commentary that covers recent tLiaking, research,and, where appropriate, laws relevant to the topic . Actual examplesfrom school codes illustrate the commentary . The material included inthe commentary s Lased on articles, publications, and interviewswith discipline specialists . The code illustrations were obtainedfrom schools throughout the United States . (Author)

#

Reproductions supplied by EDRS are the best th4t can be made*

from the oriziaal d-~cu'ent.

t4 / Contents

CONTENTS W -A A* 4 . Ombudsperson5 . Police on School Campus6. Pregnant Students7. Student Health and Safety8. Visitors

139140145147160

Chapter 4 Prohibiting Negative Behavior 153A. Rules 153

Acknowledgment 1 . Absences and Attendance 1542 . Alcohol, Drugs, and Narcotics 163

Introduction 1 3 . Assembly Behavior 1684 . Cheating 170

Chapter 1 Opening Statements 5 5. Conduet off School Grounds 1716 . Destruction of Property 173

Chapter Z Rights 19 . Disturbing School 175A. First Amendment and Related Activities 20 8. Fighting or Assault and Battery 176

1 . Speech and Symbolic Expression 20 9. Fireworks 1792 . Publications, Press, and Literature 27 10. Theft, StealinC, and Burglary 1803 . Assembly 38 11 . Use of Tobacco 1824 . Speakers and Programs 43 12. Vandalism 1855. Association and Participation 47 13. Weapons 1866. Personal Appearance : Dress and B. Illegal Behaviors 190

Grooming 517. Student Involvement8. Religion

6073 Chapter 5 Sanctions and Penalties 199

9 . Patriotic Ceremonies: Pledge of A . Suspension and Expulsion 200Allegiance and :national Anthem 77 - B . Corporal Punishment 211

B . Student Privacy : Search and Seizure 83 C. Probation 216C . Student Government 92 D. Detention 217D. Student Records 99 E. Restraint 219E. Right to an Education 105 F. Fines and Restitution 221F . Discrimination 109 G. Alternative-to-Suspension Programs 222G. Handicapped Students and Special H. More Learning Sanctions 228

Education 114

Chapter 6 Due Process and Disciplinary Procedures 241

Chapter 3 Prescribing Positive Student Conduct 119A. Responsibilities 120B. Policies 135 Chapter 7 Grievance Procedures and Discipline

i . Arrest and Interrogation of Students 135 Records 2572 . Married Students 1363 . Motor Vehicles 138

CHAPTER 1 SolAAA*

ft* 2f~4

OPENINGSTATEMENTS

Most discipline codes begin with some type of introductory com-ments addressing the purpose of the code and assumptions regard-ing students' behavior . Opening statements set the overall tone ofthe niles and sanctions and clarify the objectives of the disciplinepolicy. The variety of philosophical approaches toward maintainingschool discipline span the continuum from authoritarian adminis-trative control to student self-governance.

It is well known that the main premise underlying the thinking ondiscipline policies during the 1950s and early 1960s was that of inloco parentis . The late 1960s and 1970s introduced an era of studentrights and responsibilities. Therefore, most codes now in use stressconcepts such as democratic decisionmaking, student self-governance, creative discipline policies, educational sanctions, andconcern for the needs of individual students involved in disciplineproblems.

Generally, all student behavior is allowed or disallowed based onthe extent to which it enhances or detracts from an orderly environ-ment in which learning can take place. The concept of student rightsand responsibilities proposes that students have certain rights orfreedoms guaranteed by the federal and state constitutions. At thesame time, however, there are laws that emphasize that the studenthas the responsibility for not interfering with the identical rights ofothers . Therefore, by taking into consideration the legal rights andresponsibilities of students, code writers may complement theserights and responsibilities with discipline procedures and tech-

5

CHAPTER 2

RIGHTS

Most schools deal at length in their codes with the concept andimplementation of student rights and responsibilities . A number ofschools have even chosen to title their codes with these terms, forexample, "Statement of Responsibilities and Rights" (Everett,Washington). This chapter deals with the topic of rights . (The nextchapter will deal at length with student responsibilities .)

Students, as citizens, are guaranteed individual rights under stateand federal constitutions. These rights are accompanied by relatedresponsibilities. A right is defined as a power or privilege of freeaction . Responsibility is an obligation to answer for an action. In orderto preserve rights, individuals have a responsibility to preserve therights of others. In summary, the courts take into consideration boththe rights and responsibilities of students and of the schools thatstudents attend . These laws, which have an impact on the schoolsystems, are constantly being revised and refined. The law, likehuman relations, is dynamic-not static . It is the responsibility ofcode writers as well as students and school staff to review period-ically recent court decisions and be aware of their implications forschool policy.The major rights and freedoms usually stated in discipline

codes-the First Amendment and related activities, student privacy(search and seizure), student government, student records, the rightto an education, freedom from discrimination, and rights of handi-capped students and special education students-are discussed inthe following sections.

19

AAAk

**Of J~

CHAPTER 3

PRESCRIBINGPOSITIVESTUDENT CONDUCTIt is essential that the school discipline code be explicit in definingexpected behavior for students : we cannot assume students knowhow to behave. As code writers consider possible ways of obtainingdesired behaviors, they should note that most schools appear to haveemployed two approaches. One approach is toprescribe for studentshow they should behave. Usually statements of student respon-sibilities and policies are written in this prescriptive manner, andthereby they provide guidelines for acceptable conduct. The secondapproach is to prohibit students from engaging in certain acts, tellingthem what they cannot do. Rules are usually prohibitive, as arestatements regarding illegal conduct.This chapter focuses on prescribing positive student conduct

while the next chapter addressesfhow code writers devel^p state-ments prohibiting misbehaviors. It is emphasized that distinctionsare being made amongthe terms "responsibility," "policy," "rules,"and "illegal conduct" to illustrate that there are a variety of ways thatcodes may be written in an effort to guide student conduct. It isacknowledged that throughout different codes these terms are notalways mutually exclLsive and topics under each occasionallyoverlap.Although each of these terms is explained fully in the following

sections, a brief definition of these terms is provided here forintroductory purposes:

" Responsibilities-Many codes speak at a general and introductorylevel to the topic of responsibilities. Student responsibilities are

120

/

Resuume HundbcmA an lkscipline ('ot/es

implied in any statement of student rights. The term "responsi-bility" refers to the individual's obligation to assume a sense ofresponsibility toward the preservation of the rights of others.Responsibilities become the foundation upon which individualrights become meaningful and effective .

" Policies-These provide a set of general principles by which agroup is guide! in its management . The term denotes an issue ofgeneral purpose directed toward the welfare of the group.

" School rules-These are established standards or regulationsdirecting and forbidding action . Rules govern speck conduct.

" Illegal behaviors-Students may be charged with illegal or delin-quent acts if their behavior violates anystate. federal. or local law.

A. RESPONSIBILITIES

Students, as citizens of the United States, are guaranteed certainindividual rights and have corresponding individual responsibilities.Although student rights in most cases are specific, student re-sponsibilities are implied. In this context responsibility refers mainlyto individuals' obligations to others within th ,, ' society, because inorder for individuals to preserve their right . .:h must take uponhimself or herselfa sense of responsibility toward the preservation ofthe rights of others . i'he concept of balancing the rights of theindividual with the rights of society is as valid in the educationalcommunity as it is in the larger community. If the various re-sponsibilities incumbent upon students were enumerated, the listwould be endless. However, within a school setting and in societythere are certain special responsibilities required of a citizen who is astudent in school that are of vital significance.

Responsibility statements direct students to :

beer me informed of and adhere to reasonable rules and regula-tions established by local boards of education and implementedby school administrators and teachers

" respect the human dignity and worth of every other individual" refrain from libel, slanderous remarks, and unnecessary ob-

scenity in verbal and written expression

s. POLICIES

Policy statements provide guidelines surrounding desirable andexpected behaviors. They are usually written at a more conceptualand general level than are statements on rights or rules . Im-portantly, policy statements are more expansive and address prin-ciples and procedures relevant to securing student rights . Simplyput, policies tell students and staff what should be done and "howto" do it (e.g., "Visitors must secure a pass in the Principal's office") .The following sections contain illustrations of policy statements

typically found in discipline codes on arrest and interrogation ofstudents, married students, motor vehicles, ombudspersons, policeon school campus, pregnant students, student health and safety, andvisitors . These statements were obtained from a national survey ofstate boards of education conducted by Johnny Purvis of SouthernMississippi University and NSRN's own compendium of disciplinepolicies . Some are examples from actual codes and several areintegrative statements from Dr. Purvis's handbook.

1 . Arrest and Interrogation of Students

Phescrihiv Positive Student Conduct /

135

ARREST ANDINTERROGATION OFSTUDENTS

Students are entitled to the same pro-tection under the same law with respect toarrest as are all other citizens . Since cer-tain disturbances on school property maybecome a nuisance or danger to the schoolcommunity, local police may intervene insuch matters .

Students have the right to be informed ofthe reasons for the interrogation and oftheir legal rights . In addition, studentshave the right to have either a parent orlegal guardian or a school official of theirown choosing present at all interrogationsconducted at the school . Legal counsel may

CHAPTER 4

~"k*k*irk*

PROHIBITINGNEGATIVEBEHAVIOR

As noted in the previous chapter, there are several approachescode writers may employ in guiding student behavior . This chapterwill focus on the deterrent and prohibitive approaches . In general,statements that tell the student what not to do and caution thestudent against certain actions are often called rules. Some ruleviolations Fave such serious consequences that the violations arelabeled "illegal behavior." The subject matter for this chapter is,therefore, rules and illegal conduct.

A. RULES

There are probably as many rules written as there are possiblestudent responses . We have selected fourteen of the most frequentlyfound rules addressing specific prohibited behaviors. Before fo-cusing on these specific prohibitions, some general ccmments onrules should be made .The school board and staff may make reasonable and necessary

rules governing the specific conduct of students in a school. Therulemaking power, however, is not unlimited : it must operate withinstatutory and constitutional restraints . A board of education hasonly those powers that are enumerated i.-i the laws of the state, or

1 .54

/

Re.otA^-e Harutbouk on Uiacipline ('oden

which may reasonably be implied or necessary for the orderlyoperation of the school .

Boards of education may not make rules that are arbitrary,capricious, or outside their legislated authority . Their rules muststand the test of fairness and reasonableness . A rule is generallyconsidered reasonable if it utilizes a rational meansof accomplishingsome legitimate school purpose or educational objective, althoughthis may become a matter for a jury to determine in a court of law.A constitutionally protected activity may not be infringed upon

unless the school official can show that the failure to regulate saidactivity would create a material and substantial disruption of schoolwork and discipline, or would invade the right of others, or wouldresult in a clear and present danger to the health, morals, safety, o:general welfare of others . Boards and their representatives arerequired to prove through factual evidence-not, through opinions-whether such regulations are necessary .The following sections contain illustrations of some of the ways

different schools write their codes so as to discourage specificbehaviors such as absences, use of drugs, behavior in assemblies andoff school grounds, cheating, assault, theft, and vandalism.

1 . Absences and Attendance

In almost every school the instructional program is a vital part of aformal education. Most school districts believe it is necessary torequire ,Lu it^ts to be in attendance during the school year . Astudent is expected to attend school at all times when school is insession. Absences from school are acceptable only when a student isill . when a family emuroency exists, or when there is a death, seriousillness, or other extenuating circumstance in the immediate family ofthe student . A student should be allowed to make up class workmissed during his or her absence if the absence is excused. Theteacher will determine the work to be made up and establish ared.,(Mable time limit for the student to complete the work .

"I'he attendance rule in Montgomery County. Maryland, focuseson the obligation and responsibility of all students to attend :lass;biit it also clearly encourages staff members and parents to supportstudent attendance .

CHAPTER 5

****a a 2*AAAft,X jl~

SANCTIONSAND PENALTIES

Sanctions and penalties are provided as a means of enforcingobedience . Although it is now well established that it is moreproductive to reinforce positive behavior, there i iust also bediscipline policies reactive to misbehaviors that actually haveoccurred.The sanctions that schools employ when negative behaviors occur

range from mild, verbal reprimands to more severe and sometimespunitive responses . Sanctions in this handbook are categorized asauthoritarian approaches (such as suspensions, corporal punish-ment, and deten - ion) and educational approaches (such as learningcontracts, parent conferences, and alternatives to suspension pro-grams) .

Historically, society has developed three major reasons or pur-poses for discipline :

Retribution-Authorities express disapproval of an act, and thepenalty is considered to be the punishment the misbehaviordeserves.Deterrence-The offender is dealt with so as to serve notice onpotential offenders, and specific penalties are prescribed forspecific crimes.

" Education orrehabilitation-The student is allowed to learn moreadaptive behaviors . The offender is provided with a learningexperience in order to learn to replace maladaptive behaviors withadaptive ones .

CHAPTER 6

~t*iF~ ~A A A`k**,X yt

DUE PROCESSAND DISCIPLINARYPROCEDURES

Nationwide, schools are wrestling with the question of dueprocess-what it means and how to ensure it . Due process is a rightguaranteed by the U.S . Constitution and reaffirmed in recentSupreme Court decisions . The Constitution defines due process asfollows :No person shall be . . . deprived of life, liberty, or property,without due process of law . . . .

Fifth Amendme,

.,of Rights,U.S . Constitution

. . . nor shall any State deprive any person of life, liberty, orproperty, without due process of law; nor deny to any personwithin its jurisdiction the equal protection of laws .

Fourteenth Amendment,U. S. Constitution

The Supreme Court ruling in Coss v. Lopez addresses the specificsof "what process is due" :" oral or written notice of charges" an opportunity to respond to the charges

Expulsion and !onger suspensions (10 days) may require moreformal procedures:

00

n n7- -rGRIEVANCEPROCEDURES ANDDISCIPLINE RECORDSA grievance is

imply any situation occurring in the course of thesch(x)l : Operation that causes a student to consider himself orherself aggrieved . Students should be encouraged to discuss theirgrievances informally with the persons involved, prior to invokingformal grievance procedures . However, it is desirable for schools toprovide mechanisms for the expression and resolution of grievancesthat cannot he resolved through informal discussion . Although the(hi% er.ity of schools and school districts does not lend itsell to auniform ;;rievance procedure, the following suggested guidelinesprovide a basis for establishing grievance procedures in localschools.

" A grievance committee can be formed, consisting of :two parents .elected by the PTA orother parent representativegroup in the schooltwos students elected by the student bodytwo faculty members elected by the facultytwo representatives appointed by the principal (These rep-representatives need not be administrators .)

" Any student with a grievance can communicate his or her concernin writing toy any member of the grievance committee, who in turnwould bring the grievance before the committee for consideration .

" The committee has the responsibility of carefully investigatingthe alleged grievance and reporting its findings and recom-mendations to the school principal .

257

APPENDIX ***i~

EVALUATING ANEFFECTIVEDISCIPLINE CODE

In formulating local school district guidelines regarding studentrights and responsibilities, questions that need to be consideredinclude the following:

Is the policy legal? That is, does it appear to be within what isallowable under state or federal law?Is the p,>licy statement clear and reasonably free from ambiguityand vagueness?Is the policy statement formulated so that it clearly limits thepotential for arbitrary or capricious action in relation to itsenforcement?

. Is the policy enforceable? That is, does it avoid statements thatare unenforceable because of complexity, irrelevance, or factorsof place and time''

5 In policy that is questionable is there evidence that the for-mulation was the result of broadly based input and concurrence?

ti . Is the policy indicative of fairness, openness of decisionmaking,and nondiscrimination?Is the policy reasonable and necessary? That is, would it appear toa reasonable person that the policy is germane to the man-agement and goals of a public school educational process?

. Has the content of the regulation been communicated to allstudents who are affected by such policy .

271