Policies

DISCIPLINE POLICY

If a student's behavior is a threat to the safety, health or emotional well-being of others, and previous methods of prevention and intervention have not been successful, that student may be suspended in accordance with state law and district policy. Suspension may be imposed upon a first offense if the Superintendent, principal or designee determines the student violated Education Code section 48900(a)-(e) or if the student’s presence causes a danger to persons or property or threatens to disrupt the instructional process. (Education Code section 48900.5)

Reasons for Suspension*

State law allows for the suspension of a student if a student commits or engages in any of the acts listed below, where such conduct or acts relate to school activities or attendance, such as, but not limited to when such acts or conduct take place--while on school grounds, going to or from school, during lunch period (on or off campus), or during, or while going to or from, a school-sponsored activity:

· Assault/Battery {E.C. 48900(a)}
Causing, attempting to cause, or threatening to cause physical injury to another person. Exceptions may be made in a situation where witnesses and evidence support a case of self-defense.

· Weapons {E.C. 48900(b)}
Possessing, selling, or otherwise providing any weapon--including firearms, knives, explosives, or other dangerous object.
· Alcohol/Intoxicants/Controlled Substances {E.C. 48900(c)}
Unlawfully possessing, using, selling or otherwise providing alcohol, intoxicants or controlled substances, including prescribed medications. Also applies to being under the influence of alcohol, intoxicants or controlled substances.
· Substance in Lieu of Alcohol/Intoxicants/Controlled Substances {E.C. 48900(d)}
Delivering, providing or selling items which are claimed to be alcohol, intoxicants or controlled substances but were not such items.
· Robbery or Extortion {E.C. 48900(e)}
Committing or attempting to commit robbery or extortion. Extortion occurs when threats are made with the intent to obtain money or something of value.
· Property Damage**{E.C. 48900(f)}
Causing or attempting to cause damage to school property or private property.
· Property Theft** {E.C. 48900(g)}
Stealing or attempting to steal school or private property.

· Tobacco or Nicotine Products {E.C. 48900(h)}
Possessing, providing or using tobacco, or any item containing tobacco or nicotine products, including but not limited to cigarettes, cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel.
· Obscenity {E.C. 48900(i)}
Committing an obscene act or engaging in regular profanity, swearing or vulgarity.

· Drug Paraphernalia {E.C. 48900(j)}
Unlawfully possessing, offering, arranging for, or negotiating to sell any drug items.
· Disruption or Defiance {E.C. 48900(k)}
Disrupting school activities or otherwise refusing to follow the valid authority of school personnel, including supervisors, teachers, school officials or other school staff performing their duties.

“Disruption of school activities” is defined as follows: when a student’s conduct, presence or actions disrupts or threatens to disrupt normal district or school operations, threatens the health or safety of anyone on district or school property, or causes or threatens to cause damage to district property or to any property on school grounds.

Examples of disruption of school activities under subdivision (k) of Education Code section 48900, as defined above, which may subject a student to discipline, include but are not limited to:

  • Classroom behavior that impedes a teacher’s ability to teach and other students’ ability to learn, such as a student talking loudly or making other distracting noises or gestures while a teacher is speaking to and instructing the class and when students are expected to be silent and attentive; or
  • The intentional activation of the fire alarm causing the temporary evacuation of the school and/or causing emergency personnel to respond.

“Willful defiance of valid authority” is defined as follows: when a student defies the valid authority of a district or school official or district or school staff in a manner that has an impact on the effective or safe functioning of district or school operations, such as continuing to remain at the scene of a fight or to instigate a disturbance after being told to stop the subject behavior; repeated disobedience to or defiance of school personnel when other interventions have not been successful in modifying the misbehavior; or in the proper instance one-time or first-time disobedience to or defiance of school personnel that has an impact on the effective or safe functioning of district or school operations.

Examples of willful defiance of valid authority under subdivision (k) of Education Code section 48900, as defined above, which may subject a student to discipline, include but are not limited to:

  • Continuing to remain at the scene of a fight or other violent disturbance despite specific directions to leave the area by administrators or other school staff attempting to break up the fight or mitigate the disturbance caused by the fight; or
  • Repeated episodes of misbehavior, despite multiple efforts and/or directives by a classroom teacher or other district staff intended to change and correct the student’s misbehavior.

· Receiving Stolen Property** {E.C. 48900(l)}

Receiving stolen property.
· Possessing Imitation Firearm {E.C. 48900(m)}

Possessing an imitation firearm or simulated firearm that is substantially similar in physical properties to an existing firearm.

· Sexual Harassment {E.C. 48900(n)}
Committing or attempting to commit a sexual assault or committing a sexual battery.
· Threats and Intimidation {E.C. 48900(o)}
Harassing, intimidating, or threatening a student who is a witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both.
· Prescription Drug Soma {E.C. 48900(p)}

Offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

· Hazing {E.C. 48900(q)}
Engaging in, or attempting to engage in any activities used for initiation or pre-initiation into a student organization, or student body or related activities, which causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace, resulting in physical or mental harm.

· Bullying {E.C. 48900(r)}

Engaging in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, directed specifically toward a pupil or school personnel. Bullying is defined as the deliberate antagonistic action or creation of a situation with intent of inflicting emotional, physical, or psychological distress.

· Aided or Abetted to Inflict Physical Injury {E.C. 48900(t)}

Aiding or abetting in the infliction or attempted infliction of physical injury to another student, but does not authorize expulsion until juvenile court proceedings are completed and the juvenile has been convicted.

· Sexual Harassment (Grades 4-12) {E.C. 48900.2}
Engaging in prohibited sexual harassment that includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature.

· Hate Violence (Grades 4-12) {E.C. 48900.3}
Causing, threatening to cause, attempting to cause, or participating in acts of hate against people or property. This includes, but is not limited to, negative behaviors that target members of a particular gender, race, ethnicity, religion, sexual orientation or the mentally or physically challenged.

· Other Harassment (Grades 4-12) {E.C. 48900.4}
Harassing, intimidating, or threatening a student or group of students, or school personnel, with the actual or expected effect of disrupting class work, or creating substantial disorder, or creating a hostile educational environment.
· Terrorist Threats {E.C. 48900.7}
Making terrorist threats against school officials and/or property, or both.

* The superintendent or principal may use his or her discretion to provide alternatives to suspension or expulsion to address student misconduct, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline pursuant to Education Code section 48900(v).

**School property includes, but is not limited to, electronic files.

EXPULSION

Expulsion, as ordered by the Elk Grove Unified School District Board of Education, is the removal of a student from all schools in the district for violating the California Education Code at school or at a school activity off school grounds. The expulsion is for a defined period of time, but an application for re-admission must be considered within a specified time period. State law provides for full due process and rights to appeal any order of expulsion.

A student shall be recommended for expulsion for violation of any of the acts set forth in Education Code section 48915(a)(1)-(5), unless the Superintendent, Superintendent’s designee, principal or principal’s designee finds that expulsion is inappropriate, due to particular circumstances.

· Serious Physical Injury {E.C. 48915(a)(1)}

Causing serious physical injury to another person, except in self-defense.

· Possession of Knife or Dangerous Object {E.C. 48915(a)(2)}

Possessing a knife or other dangerous object of no reasonable use to the student.

· Unlawful Possession of Drug {E.C. 48915(a)(3)}

Unlawful possession of any drug except for the first time offense of possession of not more than one ounce of marijuana.

· Robbery or Extortion {E.C. 48915(a)(4)}

· Assault or Battery on a School Employee {E.C. 48915(a)(5)}

State law requires a school administrator to recommend expulsion if a student commits certain violations of the Education Code. A student shall immediately be recommended for expulsion for violation of any of the acts set forth in Education Code section 48915(c)(1)-(5).

· Possession, Selling, or Furnishing a Firearm {E.C. 48915(c)(1)}

Possessing, selling, or otherwise furnishing a firearm (verified by an employee of the school district).

· Brandishing a Knife {E.C. 48915(c)(2)}

Brandishing a knife at another person.

· Selling a Drug {E.C. 48915(c)(3)}

Unlawfully selling a controlled substance.

· Sexual Assault or Battery {E.C. 48915(c)(4)}

Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.

· Possession of an Explosive {E.C. 48915(c)(5)}

For all other acts and conduct for which a student is subject to discipline under Education Code sections 48900 through 48900.7 and which are not specifically listed or addressed under Education Code section 48915(a) or 48915(c), a student may be recommended for expulsion where other means of correction are not feasible or have repeatedly failed to bring about proper conduct, or where due to the nature of the student’s conduct violation, the presence of the student causes a continuing danger to the physical safety of the student or others. {E.C. 48915(b) and 48915(e)}

DRESS CODE POLICY

Samuel Jackman Dress Code

Parents or guardians have the primary responsibility for appropriate standards of dress and grooming. However, as an educational entity, the Secondary Division of the Elk Grove Unified School District has the responsibility to establish and maintain standards of dress and grooming that support a positive, appropriate, and safe learning and teaching environment.

The purpose of a dress and grooming code is to facilitate education, not to inhibit any person’s taste in attire or appearance. Students should be clean and neatly dressed in a manner that will be appropriate to the school setting, not hazardous to the health and safety of the students, and not disruptive or distracting from the educational program of the school. In addition, no articles of clothing, apparel or school materials, including hats, backpacks, and binders, may have pictures, printing, or writing that is crude, vulgar, profane, sexually suggestive, racially, ethnically, or religiously intolerant, that contain images of weapons, tobacco, drugs and/or alcohol, or which the school’s administration reasonably predicts will disrupt the learning environment.

Specifically, the students at Samuel Jackman Middle School are expected to abide by the following dress code:

1. PANTS, SHORTS, SKIRTS:

· No undergarments showing

· No holes, rips or frays higher than mid-thigh.

· No “sagging pants”

· No “short shorts” or “short skirts.” Shorts, skirts and dresses must not be shorter than mid-thigh.

· No pajamas except for flannel pajama bottoms during designated spirit days

· Belts must be tucked around the waist.

2. TOPS, SHIRTS, BLOUSES:

· No undergarments showing (including clear bra straps)

· No bare midriffs: tops must completely cover the skin and overlap the waistband of pants,shorts, or skirts. When arms are raised above the student’s head, if the garment does not fall naturally below the midriff area, the student is in violation.

· No low cut tops

· No “see-through” or fishnet fabrics

· No halter tops, strapless tops, off the shoulder tops, or bra-like tops

· No muscle shirts

3. FOOTWEAR:

· Shoes must be worn at all times

· No house slippers, or “wheelies” are allowed

4. HAT/HEAD COVERING POLICY:

The Elk Grove Unified School District allows students to wear certain types of hats on campus to protect them from damage caused by exposure to the sun. At Samuel Jackman Middle School students may not wear baseball caps and visors with writing and/or images that are deemed by school administration to be disruptive to the learning environment. All cap bills must faceforward.

In addition, the following rules regarding hats on campus must be observed:

  • Bandanas, skull/wave caps, and masks are not permitted on campus
  • Grooming items and headwear such as hair rollers, shower caps, hair rags, picks worn in the hair, etc., are not allowed

Please note that teachers may prohibit the wearing of hats within their individual classrooms as consistent with their respective classroom policies

The school administration may limit or prohibit specific clothing that has been determined by law enforcement or gang experts to be affiliated with an actual gang. In consultation with law enforcement or other gang experts, the school administration may limit clothing or apparel where there is a reasonable basis for identifying such clothing or apparel as gang affiliated. Limitations and prohibitions on gang-related clothing or apparel will be applied equally to all students, and in no instance will a student’s clothing or apparel be identified as gang-related based solely on the student’s race, national origin or ancestry.

Students failing to comply with the dress code may be asked to call their parents or guardians to bring a change of clothing, may have inappropriate items confiscated, or in the case of repeated violations, may be subject to progressive disciplinary consequences.

COMMON AREA EXPECTATIONS/

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