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San Francisco USD |  BP  5144  Students

Discipline   

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GUIDING PRINCIPLES: SAFE AND SUPPORTIVE SCHOOLS

The Board of Education ("Board") desires to prepare students for responsible citizenship by fostering self-discipline and personal responsibility. The Board believes strongly in creating a district-wide positive, relationship-based culture at all of its schools that is supportive of all members of the SFUSD community. The Board believes that the intentional development of a strong, supportive, positive school community will significantly decrease the need for official referrals, suspensions, expulsions, and time that students are excluded from instruction due to behavior infractions. To accomplish these goals, the Board calls for the use of a positive approach to student behavior, and the use of preventative and restorative practices to minimize the need for discipline and to maximize instruction for every student.

The Board recognizes the opportunity gap as the greatest social justice and civil rights issue facing our country, and believes that increasing instructional time for African American, Latino, and Pacific Islander students by reducing disproportionate office referrals and suspensions is key to closing this gap. The Board desires to identify and address the causes of disproportionate treatment in discipline to reduce and eliminate racial disparities, and any other disparities that may exist for other under-served populations.

The Board expects each school to create a safe and positive school environment in which all students feel accepted, supported, and respected. The Board desires that its disciplinary policies further its mission of serving the whole child, eliminating inequality in the use of punitive consequences, and providing each child with excellent teachers who are equipped to promote academic and behavioral learning. Staff shall enforce disciplinary rules fairly, consistently, and in accordance with the district's nondiscrimination policies.

EVIDENCE BASED APPROACHES TO POSITIVE SCHOOL CULTURE

The District will implement School Wide Positive Behavior Interventions and Supports (SWPBIS) and Restorative Practices (RP) at all schools by the beginning of the 2017-2018 school year. A school-based team will plan and guide implementation efforts.

The District will utilize the Behavioral Response to Intervention (BRti) model to deliver and coordinate practices and strategies that create safe and supportive educational environments while minimizing the use of out of class referrals and suspensions. The strategies coordinated and delivered under the BRti model include School-Wide Positive Behavior Intervention (SWPBIS), Restorative Practices (RP), trauma-sensitive services, behavior de-escalation, and cultural competency.

Professional Development

SWPBIS and RP supports, training and professional development will be made available to all teachers and educators, site and central administrators to ensure positive behavior and restorative practices are embraced and modeled at all levels of the District. The Superintendent or designee will additionally offer professional development, training and support in trauma informed practices; behavior de-escalation; implicit bias, stereotype, and cultural competency; and Lesbian Gay Bisexual Transgender and Queer sensitivity, prioritizing schools with the highest behavioral needs.

Professional development and training will emphasize the importance of positive relationships as central to building community and restoring relationships when harm has occurred; consistently building trusting relationships among students, staff, and family communities both school wide and in the classroom; establishing simple, objective behavior expectations and a clear set of positive behavior rewards and system that includes both extrinsic and intrinsic motivators; communication skills and working with students with special needs; coordinating work to address disproportionality in discipline and in special education referral and identification; ensuring consistent and bias-free disciplinary decisions; and the regular collection and analysis of discipline data to inform disciplinary practices and to ensure data-based decision-making.

Complaint Procedure

The Superintendent will develop a mechanism to allow students and parents, including the School Site Council, to appeal to the District for redress if Restorative Practices and/or SWPBIS has not been made available or implemented on the school site after the third year of implementation of the Safe and Supportive Schools Resolution (fall 2017).

ALTERNATIVE MEANS OF CORRECTION

Minimize Classroom Removals

Removal of students from the classroom environment for misbehavior should be avoided. Missing classroom instruction for any reason has a direct impact on academic achievement in the short and long term. Teachers are expected to use classroom management strategies that keep students in school and in the classroom.

Positive Interventions to Address Behavior/Tiered Behavioral Intervention Matrix

In partnership with educators, union representatives, parents, students and other key stakeholders, the District has developed a Tiered Behavioral Intervention Matrix ("Matrix") that outlines the positive and supportive interventions that shall be used at a minimum to address unwanted student behaviors in a consistent and age appropriate manner. Except in the most extreme circumstances (See Board Policy 5144.1 Suspension and Expulsion/Due Process), these interventions shall be exhausted and documented in the District's data system prior to suspension, including in-school teacher suspension.

Any student who makes a request to use Restorative Practices as an alternative to suspension for a first time offense shall receive this alternative, unless the principal determines that there is a danger to persons or an offense that requires mandatory suspension and expulsion. RP may also require the voluntary agreement and participation of another student or students.

Supports to Address Significant Disproportionality

In support of the District's goal to end disproportionate suspension of African American students, the following supports will be provided:

* Priority Support Implementing Positive Intervention Strategies: For schools with significantly greater disproportionality in African American student suspension, priority and more intensive site support in Restorative Practices, School-wide Positive Behavior Interventions and Supports; trauma sensitive practices and implicit/explicit bias training;

* Goal Setting: Schools with significantly greater disproportionality in African American student suspension will set goals for reducing African American suspensions at the beginning of each year, with support and review by the Superintendent.

* Verify Exhaustion of Alternative Means of Correction: Site principals will consult with their appropriate Assistant Superintendent or designee to verify that the Matrix interventions have been exhausted and documented prior to suspension of an African American student;

* Identify Supports: The Assistant Superintendent or designee will work with the school site to identify available in-school and out-of-school supports for an African American student that is recommended for suspension.

If data reveals that a different group of students is the most disproportionately referred subgroup for discipline, such supports will be provided to that sub-group. The Superintendent will provide in administrative regulation a definition of "significant disproportionality" with the input from educators, parents, and community in a manner that is consistent with civil rights laws.

No Corporal Punishment

Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of, or willfully causing the infliction of, physical pain on a student. Corporal punishment does not include an employee's use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to property or to obtain possession of weapons or other dangerous objects within the control of the student. (Education Code 49001)

MONITORING, EVALUATION AND REPORTING

Balanced Scorecard

The Balanced Scorecard shall include indicators that measure reductions in referrals, suspensions and racial disproportionality in discipline, as well as adoption of Restorative Practices and alternatives to suspension.

Publishing Discipline Data

Discipline and behavioral intervention data will be published on the SFUSD website and in the SFUSD Student and Parent/Guardian Handbook as described below.

The District will bi-annually publish end-of-semester aggregate data on school discipline and behavioral interventions on the District website, district-wide and by school, and disaggregated by subgroups. Data will include:

* The aggregate number of referrals, teacher, supervised in-school, and out of school suspensions, expulsion referrals, expulsions and stipulated expulsions disaggregated by all subgroups including race, ethnicity, ELL status, socio-economic status, and disability and by the offense for the district and the school site;

* The number of instructional days and ADA funding lost to suspensions, transfers, and expulsions;

* Interventions and alternatives to suspension utilized by school sites, including restorative practices circles and conferences.

In reporting this data the privacy of individual students and teachers shall be protected. Notwithstanding the categories above, no data will be disaggregated in any manner that could reveal student identity to the public or to knowledgeable members of the community.

This discipline data for the prior year shall also be included in the Student and Parent/Guardian Handbook.

Monitoring the Use of School Removals and Data-Based Decision-Making

To ensure that discipline is appropriate and equitable, schools and the District shall collect and review discipline data that is disaggregated by school, race, ethnicity, gender, status as an English Language Learner, status as a student with a disability, socio-economic status, and type of incident. The District will regularly perform a centralized review of school-level and District-wide discipline data to measure progress toward the goal of eliminating disproportionate rates of suspension and referral for African-American students, and determine whether the site strategies require adjustment to meet the goal. Data will also be collected, monitored and reported regarding the use of "permits to leave" (PTL). Site administrators shall meet with the site's teaching staff on a regular basis to review the school site's discipline data and discuss strategies for teaching, encouraging and reinforcing positive student behavior that do not require engagement with the discipline system and loss of instructional time.

Based on data, set measureable outcomes and benchmarks for decreasing the number of students for each subgroup that are referred to the office, suspended, involuntarily transferred or expelled.

Oversight and Reporting

On a bi-annual basis, the Superintendent or designee shall report to the Board on the District's progress with implementing the Safe and Supportive Schools Policy, Resolution No. 1312-10A4. The Superintendent or designee will establish a review and oversight process that includes involvement and recommendations by school staff and community, specifically including input and participation from educators including United Educators of San Francisco and United Administrators of San Francisco, parents and students.

Charter Schools

The Board expects that charters authorized or reauthorized under its authority shall present a sound educational program that incorporates the spirit of this policy and complies with all applicable provisions of law, including the prohibition of discrimination under California Education Code Section 235.

Legal Reference:

CIVIL CODE

1714.1 Parental liability for child's misconduct

48.8 Defamation liability

EDUCATION CODE

212.5 Sexual harassment

233 Hate violence reduction

1981 Enrollment of students

17292.5 Program for expelled students

35146 Closed sessions (re suspensions)

35291 Rules (for government and discipline of schools)

31291.5 Rules and procedures on school discipline

48660-48666 Community day schools

48900-48926 Suspension and expulsion

48950 Speech and other communication

4907J-49079 Privacy of student records

35146 Closed sessions

35291 Rules

35291.5 School-adopted discipline rules

35291.7 School-adopted discipline rules: additional employees

35294-35294.9 School safety plans

37223 Weekend classes

44807.5 Restriction from reces

48630-48644.5 Opportunity schools

48900-48925 Suspension and expulsion

48980-48985 Notification of parents or guardians

49000-49001 Prohibition of corporal punishment

49330-49334l. Spurious objects

CODE OF REGULATIONS, TITLE 5

307 Participation in school activities until departure of bus

353 Detention after school

Code of Procedure

1985-1997 Subpoenas; means of production

GOVERNMENT CODE

11455.20 Contempt

54950-54962 Ralph M Brown Act (re closed sessions)

HEALTH AND SAFETY CODE

11014.5 Drug paraphernalia

11053-11058 Standards and schedules

LABOR CODE

230.7 Discharge or discrimination against employee for taking time off to appear in school

on behalf of a child

PENAL CODE

31 Principal defined

240 Assault defined

241.2 Assault fines

242 Battery defined

243.2 Battery fines

243.4 Sexual battery

245 Assault with deadly weapon

261 Rape defined

266c Unlawful sexual intercourse

286 Sodomy defined

Lewd or lascivious acts with child under age 14

288a Oral copulation

Penetration of genital or anal openings

422.6 Interference with civil rights; damaging property

422. 7Aggravating factors for punishment

422.75 Protected classes

626.2 Entry upon campus after written notice of suspension or dismissal without permission

626.9 Gun-Free School Zone Act of 1995

626.I 0 Dirks, daggers, knives, razors or stun guns

868.5 Supporting person; attendance during testimony of witness

WELFARE AND INSTITUTIONS CODE

729.6 Counseling

UNITED STATES CODE, TITLE 18

921 Definitions

UNITED STATES CODE, TITLE 20

6301-8962 Improving America's Schools Act, especially:

8921-8922 Gun-Free Schools Act of 1994

Management Resources:

CSBA PUBLICATIONS

Protecting Our Schools: Board of Education Strategies to Combat School Violence, 1999

CDE PROGRAM ADVISORIES

1010.89 Physical Exercise as Corporal Punishment, CIL 89/9-3

1223.88 Corporal Punishment, CIL: 88/9-5

WEB SITES

CDE: http://www.cde.ca.gov

USDOE: http://www.ed.gov

HISTORY/AUTHORIZATION

Authorized by Resolution No. 1312-10A314, Establishment of a Safe and Supportive Schools Policy in the San Francisco Unified School District

Policy SAN FRANCISCO UNIFIED SCHOOL DISTRICT

adopted: June 28, 2016 San Francisco, California