answer the cases

You are the principal of a high school in Baltimore County. What legal actions will you take forthe following situations? Mention specific rules and steps for each case.1. Mr. Ford, a chemistry teacher of your school always hugs the students specially the girls.Many students do not like his hug. One of the girls talks to her mom about his impulsivebehavior. The parent meets Mr. Ford, but he does not take this complaint easily and evendoes not keeping him away from hugging. The parent has come to you and has talkedagainst Mr. Ford.2. John, a sophomore of your school. Now-a-days he is very restless and behaves roughly withhis parents. He sleeps late. His mother discovers from his cell phone’s notification that he isgetting vulgar comments in his Facebook account. The mother talks with John and learnsthat some of his classmates are irritating him regularly in Facebook and in class. Hecomplains against Shawn, Fred, and Michael. His mom prints his Facebook pages. Thisparent has come to you and has submitted a black and white complaint with printeddocuments.
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POLICY 5560
STUDENTS: Conduct
Suspensions, Assignment to Alternative Programs, or Expulsions
I.
II.
Policy Statement
A.
The Board of Education of Baltimore County (Board) believes that student
discipline should reflect a philosophy based on the goals of fostering,
teaching, and acknowledging positive behavior. The Board recognizes,
however, that suspension or expulsion may be appropriate after all
appropriate school resources, interventions, and supports have been
exhausted.
B.
Suspension or expulsion may be necessary in order to modify student
behavior, when the student’s presence in school causes a disruption to the
normal educational functions of the school, or when the student poses a
threat to the safety of other students or to staff.
C.
This policy establishes the suspension and expulsion process in Baltimore
County Public Schools (BCPS).
Definitions
A.
Appropriate Education Programming – A general or alternative educational
program that allows the student the opportunity to continue to receive
educational services.
B.
Assignment to an Alternative Program – The transfer from the day school
program of a student of any age by direction of the Superintendent or
designee upon review of the student’s suspension from school.
C.
Business Day – Any day that the central offices of the school system are
open for business or as provided on the official school system calendar.
D.
Confer – means a discussion or dialogue by any means, for example,
telephone, electronic mail, or face-to-face meeting, where the views of the
teacher are communicated and considered.
E.
Expulsion – The exclusion of a student from the student’s regular school
program for 45 school days or longer as determined by the Superintendent
or his/her designee.
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POLICY 5560
III.
F.
Extended Suspension – The exclusion of a student from a student’s regular
program for a time period between 11 and 45 school days as determined by
the Superintendent or his/her designee.
G.
In-School Suspension – The removal within the school building of a student
from the student’s current education program for up to but not more than 10
school days in a school year for disciplinary reasons by the school
principal.
H.
Long-Term Suspension – The removal of a student from school for a time
period between 4 and 10 school days for disciplinary reasons by the
principal.
I.
Parent – The biological or adoptive parent, legal guardian, or person acting
in the absence of the parent or guardian.
J.
Principal – The principal of a school or the principal’s designee.
K.
Regular Instructional Hours – The school day, beginning at the opening
bell and concluding at the dismissal bell.
L.
School Property – Any Board-owned, controlled, or leased property or
vehicle regardless of whether students are present.
M.
School-Sponsored Activity – An activity that is sponsored, approved,
conducted, planned, and/or supervised by school personnel, regardless of
whether the activity takes place on or off school property or occurs during
regular instructional hours.
N.
Short-Term Suspension – The removal of a student from school for up to
but not more than 3 school days for disciplinary reasons by the principal.
O.
Superintendent – The superintendent or the superintendent’s designee.
P.
Suspension – The application of in-school suspension, short-term
suspension, long-term suspension, or extended suspension.
Standards
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POLICY 5560
IV.
A.
The student behavior code establishes standards for student behavior and
disciplinary consequences for violations of those standards. (See, Board
policy and Superintendent’s rule 5550, Disruptive Behavior)
B.
Students will be afforded due process when discipline is administered. The
student shall:
1.
Receive oral or written notice of the charges against him/her;
2.
Receive an explanation of the evidence supporting the charges; and
3.
Have the opportunity to respond to the charges and provide his/her
side of the story before discipline is imposed.
C.
The superintendent will ensure that staff receives training necessary to
implement this policy.
D.
Discipline will be administered using a range of consequences.
E.
Student discipline records shall be maintained in accordance with federal
and state laws and regulations, Board policy, and Superintendent’s rule
5230, Student Records.
1.
Upon receipt of a request for information from a school where the
student has enrolled or transferred, the school system shall transmit
information relating to the discipline of a student.
Suspension or expulsion
A.
In-School Suspension
1.
A principal may remove a student from the student’s current
education program for up to, but not more than 10 school days.
2.
The principal shall inform the student of the reasons for the
suspension and give the student the opportunity to respond before
the suspension becomes effective.
3.
The principal shall provide the student’s parents with written
notification of the in-school suspension.
4.
The principal shall ensure that the student receives appropriate
positive interventions to address the causes of misbehavior that led
to the in-school suspension.
B.
Suspension for not more than 10 School Days
1.
A principal may suspend a student for cause for not more than 10
school days.
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POLICY 5560
2.
3.
4.
C.
The student or the student’s parent shall promptly be given a
conference with the principal and any other appropriate personnel.
At or before the conference, the principal shall provide the student
with oral or written notice of the charges against him/her. If the
student denies the charges, the student has the right to an explanation
of the evidence supporting the charges and an opportunity to respond
and present the student’s side of the story.
If a principal determines that a suspension exceeding 10 school days
or expulsion is warranted, he/she will issue a suspension, make a
written recommendation to the Superintendent, and inform the
student and student’s parent of the reason(s) for the suspension for
more than 10 school days or an expulsion recommendation.
Extended Suspension (suspension for more than 10 SCHOOL days) or
Expulsion
1.
At the request of a principal, the Superintendent may suspend a
student for cause for more than 10 school days or expel a student for
45 school days or more.
2.
Generally, a suspension under this section should be considered
under the following circumstances:
a.
The Superintendent finds that the student’s return to school
would pose an imminent threat of serious harm to other
students or staff; or
b.
The student has engaged in chronic and extreme disruption of
the educational process that has created a substantial barrier
to learning for other students across the school day and other
available and appropriate behavioral and disciplinary
interventions have been exhausted.
3.
The superintendent will promptly and thoroughly investigate the
matter.
4.
Within 10 school days following the initial suspension, the
Superintendent will convene a conference with the student and the
student’s parent.
a.
If additional time is needed, either because of delays due to
parent unavailability or due to the complexity of the
investigation, the student shall be allowed to return to his/her
home school; unless the Superintendent determines that the
student’s return to school would pose an imminent threat of
serious harm to other students or staff.
(1)
If the student is not allowed to return to school after 10
school days following the initial suspension, the
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POLICY 5560
5.
Superintendent shall notify the student and the parent
that the student’s return to school is denied.
(2)
Notice of the denial of reentry shall be made within 24
hours prior to the student’s scheduled return to school
and provide reasons for the delay in the process. A
copy of the notice shall be sent to the state
superintendent of schools.
The Superintendent shall limit the duration of the exclusion to the
shortest period practicable and assign the student to an alternative
program where the student will be provided with comparable
educational services and appropriate behavioral support services to
promote successful return to the student’s regular academic program.
D.
Assignment to an Alternative Program
1.
The Superintendent may end a suspension by assigning a student to
an alternative program due to the safety concerns, the disruption of
the school, or in the best interest of the student.
2.
The length of the placement in an alternative program will be
determined by the Superintendent.
E.
In accordance with COMAR 13a.08.01.11, a student whose presence in a
school poses a continuing danger to persons or property may be removed
immediately from school using the disciplinary process or in accordance
with Policy 5561, School Use of Reportable Offenses. In such cases,
necessary notice and hearing with the Superintendent shall follow as soon
as practicable.
F.
As part of the disciplinary conference, restitution may be required for
behavior violations that resulted in the damage, destruction, or decreased
value of school property or the property of another that was on school
property at the time of the violation. Restitution shall be collected in
accordance with Board policy and Superintendent’s Rule 3532, Restitution
for Vandalism.
G.
Students with Disabilities
1.
Imposing disciplinary actions on a student identified as a student
with a disability shall comply with the Individuals with Disabilities
Education Act (IDEA) and state special education law and
regulation.
2.
A student shall receive special education and related services
specified on the student’s Individual Education Program (IEP).
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POLICY 5560
V.
VI.
Returning to School Premises or Classroom
A.
Students who are assigned to an alternative program, suspended, or
expelled from school shall remain away from the premises of the home
school during regular instructional hours.
1.
The expelled or suspended student may return to the school premises
during the prohibited hours only if for attendance at a previously
scheduled appointment and, if a minor, then only if accompanied by
his/her parent.
B.
Any student who is suspended, assigned to an alternative program, or
expelled under this policy is precluded from participating in extracurricular
activities held during the period of the suspension.
C.
A student suspended or expelled from school shall be allowed to return to
school on the day when all of the terms and conditions of the suspension or
expulsion have been met whether or not the student or his/her parent has
filed an appeal of the suspension or expulsion.
D.
Conferring with Teacher
1.
If a student’s disruptive behavior resulted in a suspension or
expulsion, the principal shall confer with the teacher who referred
the student prior to returning the student to the teacher’s classroom.
2.
If a student’s disruptive behavior results in action less severe than
suspension, the principal shall confer with the teacher who referred
the student to the principal before returning the student to the
teacher’s classroom.
E.
The Superintendent may deny attendance to any student who is currently
expelled or on extended suspension from another school system for a length
of time equal to that expulsion or extended suspension.
Minimum Education Services
The Board directs the Superintendent to develop and institute guidelines that
ensure, as is reasonably possible, that minimum educational services are provided
to students who have been suspended or expelled. These guidelines shall include
provisions for those students who have not been placed in an alternative education
program to receive and complete the academic work missed during the suspension
period without penalty.
6
POLICY 5560
VII.
Appeal Process
A.
Appeal of a Suspension for not more than 10 School Days
1.
Appeal to Assistant Superintendent
a.
The student or the student’s parent may appeal a principal’s
decision to suspend a student for not more than 10 school
days to the appropriate assistant superintendent.
b.
The appeal must be in writing and filed within 10 calendar
days after the decision of the principal.
c.
The assistant superintendent will review the documentation
and issue a written decision within 10 business days of
receipt of the appeal.
2.
Appeal to Superintendent
a.
The student or the student’s parent may appeal the decision
of the assistant superintendent if made in writing and filed
with the Superintendent within 10 calendar days after the
decision of the assistant superintendent.
b.
The Superintendent will convene a hearing within 15
business days of receipt of the appeal and will render a
decision at the hearing.
3.
Appeal to Board
a.
The student or the student’s parent may file an appeal with
the Board following the process in subparagraph VII.(B)(1),
Appeal to Board.
4.
An appeal filed under this section does not stay the decision of the
principal. The student shall return to his/her regular program at the
end of the suspension period.
B.
Appeal of an Extended Suspension, Assignment to an Alternative Program,
or Expulsion
1.
Appeal to Board
a.
The student or the student’s parent may appeal the
Superintendent’s decision to suspend a student for more than
10 school days, assign the student to an alternative program,
or expel the student.
b.
The appeal must be in writing and filed with the Board within
10 calendar days after the decision of the Superintendent’s
designee.
7
POLICY 5560
c.
d.
e.
f.
g.
The Board or a designated committee thereof shall schedule a
hearing promptly, but no later than within 45 business days
from receipt of the appeal, and issue a decision.
(1)
This time period may be extended if the parent,
guardian, or his/her representative requests additional
time.
(2)
If due to the extraordinary circumstances or unusual
complexity of a particular appeal, the Board
determines that it will be unable to hear an appeal and
issue a decision within 45 business days, it may
petition the state superintendent for an extension of
time.
The student or the student’s parent or representative:
(1)
Shall be provided with copies of the school system’s
witness list and documents that the school system will
present at the hearing no later than 5 business days
before the hearing; and
(2)
May bring counsel and witnesses to the hearing.
Unless a public hearing is requested by the parent of the
student, a hearing shall be held out of the presence of all
individuals except those whose presence is considered
necessary or desirable by the Board.
An appeal to the Board does not stay the decision of the
Superintendent.
The decision of the Board is final.
Legal References:
Annotated Code of Maryland, Education Article §7-305,
Suspension and Expulsion
Annotated Code of Maryland, Education Article §7-306,
Corporal Punishment; State Code of Discipline
COMAR 13A.05.01, Provision of a Free Appropriate Public
Education
COMAR 13A.08.01.11, Disciplinary Action
Related Policies:
Board of Education Policy 3532, Restitution for Vandalism
Board of Education Policy 5550, Disruptive Behavior
Board of Education Policy 5561, School Use of Reportable
Offenses
8
POLICY 5560
Board of Education Policy 6702, Extracurricular Activities
Policy
Adopted:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:
Revised:
Board of Education of Baltimore County
07/08/76
07/09/81
06/24/82
05/12/83
06/19/86
07/02/96
06/10/03
10/02/07
06/10/14
Effective 8/4/14
Copyright © 2017 Baltimore County Public Schools. All rights reserved.
9
RULE 5560
STUDENTS: Conduct
Suspension or Expulsion
I.
Purpose
To outline procedures for the suspension and expulsion process in Baltimore
County Public Schools (BCPS).
II.
Definitions
A.
Appropriate Education Programming – A general or alternative educational
program that allows the student the opportunity to continue to receive
educational services.
B.
Assignment to an Alternative Program – The transfer from the day school
program of a student of any age by direction of the Superintendent or the
designee upon review of the student’s suspension from school.
C.
Expulsion – The exclusion of a student from the student’s regular school
program for 45 school days or longer as determined by the Superintendent
or his/her designee.
D.
Extended Suspension – The exclusion of a student from a student’s regular
program for a time period between 11 and 45 school days as determined by
the Superintendent or his/her designee.
E.
In-School Suspension – The removal within the school building of a student
from the student’s current education program for up to but not more than 10
school days in a school year for disciplinary reasons by the school
principal.
F.
Long-term Suspension – The removal of a student from school for a time
period between 4 and 10 school days for disciplinary reasons by the
principal or Superintendent.
G.
Parent – The biological or adoptive parent, legal guardian, or person acting
in the absence of the parent or guardian.
H.
Principal – The principal of a school or the principal’s designee.
1
RULE 5560
III.
IV.
I.
Regular Instructional Hours – The school day, beginning at the opening
bell and concluding at the dismissal bell.
J.
School Property – Any Board-owned, controlled, or leased property or
vehicle regardless of whether students are present.
K.
School-Sponsored Activity – An activity that is sponsored, approved,
conducted, planned, and/or supervised by school personnel, regardless of
whether the activity takes place on or off school property or occurs during
regular instructional hours.
L.
Short-term Suspension – The removal of a student from school for up to but
not more than 3 school days for disciplinary reasons by the principal.
M.
Superintendent – The superintendent or the superintendent’s designee.
N.
Suspension – The application of in-school suspension, short-term
suspension, long-term suspension, or extended suspension.
Guidelines
A.
The student behavior code, outlined in Board of Education Policy 5550,
Disruptive Behavior, establishes standards for student behavior and
disciplinary consequences for violations of those standards.
B.
Administrators have the authority to review and assess each individual
situation to determine the type and number of interventions and supports to
use, if any, prior to any disciplinary consequence is taken.
C.
The use of a long-term suspension or expulsion as a disciplinary
consequence shall be used only as a last resort.
In-School Suspension Procedures
A.
The student shall receive oral or written notification of the charge(s) against
him/her, the conduct which forms the basis of the charge(s), and the student
behavior code offense(s) violated.
2
RULE 5560
B.
V.
VI.
If the student denies the charge(s), he/she shall be provided with an
explanation of the evidence supporting the charge(s) and an opportunity to
present his/her side of the story.
Short-term and Long-term Suspension Procedures
A.
The student shall receive oral or written notification of the charge(s) against
him/her, the conduct which forms the basis of the charge(s), and the student
behavior code offense(s) violated.
B.
If the student denies the charge, he/she shall be provided with an
explanation of the evidence supporting the charge and an opportunity to
present his/her side of the story.
C.
A student whose presence in school poses a continuing danger to persons or
property or threatens to disrupt the academic process may be immediately
removed from the school using the disciplinary process or reportable
offense process.
D.
The Resource List for Baltimore County Children and Families is to be
attached to the suspension notice and given to the student and parent.
E.
The principal will implement the suspension by preparing the notice of
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