What student code of conduct should be...

Safe, orderly high achieving schools require the collaboration and support of
students, staff, parents, and the community. CFBISD needs develop a plan to
involve parents in the creation and maintenance of a safe and orderly school
environment which positively impacts the learning environment.

The Board of Trustees should provide for the annual review and updating of the
code of conduct. Based on the statistical data collected regarding discipline, the
school should review the code to determine if corrections, additions or deletions
are necessary. Data and feedback of staff, parents, and students are critical to
keeping the code of conduct relevant to the student body. Sharing the data with
the community and parents ensures the perception of a safe and orderly school.

Progressive discipline processes, shall be designed to create the expectation that
the degree of discipline will be in proportion to the severity of the behavior
leading to the discipline, that the previous discipline history of the student
being disciplined and other relevant factors will be taken into account, and that
all due process procedures required by federal and state law will be followed.

Codes of conduct specify behavior that is accepted or prohibited in the school as
well as in any setting that is related to the school. Codes of conduct generally
state the behavior expected to be demonstrated by the student. Discipline policies
outline consequences/punishments that will occur in response to specific
misbehavior.

Schools generally define and shape desirable behavior within the framework of a
code of conduct. Consequences and punishments for unacceptable behaviors are
specified in a discipline policy. Neither by itself is sufficient to completely
address the spectrum of student behavior. Merely stating desired behavior has no
provision for inevitable misconduct; having only a discipline code dwells on the
negative and does not provide a positive direction.

Elements of an Effective Code of Conduct

1. Establish expected behavior. Codes of conduct should enumerate those
behaviors that the student is expected to demonstrate. These behaviors may become
the system's/school's core values. Generally codes of conduct state that students
are expected to:

* Demonstrate respect for self and others.
* Demonstrate courtesy to others.
* Behave in a responsible manner.
* Attend class regularly.
* Be prepared for class.
* Take seriously the course of study.
* Dress appropriately.
* Cooperate with school officials.
* Respect other's property.
* Avoid violation of student code of conduct.


2. Encourage parent, community, staff, and student support. Community and parent support of the district and its discipline code is critical. The district must ask parents, and may wish to include staff, students, and community representatives to serve on the team developing the code. This cross-section of community will allow for broad representation of ideas and values. Codes must also specify how communications with parents and the community will be maintained throughout the discipline process. Once completed, the code should be shared with all interested parties and any feedback should be given serious consideration.

3. Are written in easy-to-understand terms. Write codes in clear and concise language identifying unacceptable behavior and specify the consequence that will be administered for engaging in the behavior. Clear and concise codes are essential for understanding and support of an orderly school by the community and parents. Clear and concise codes also help teachers and other school personnel who are responsible for administering them to act swiftly and with authority. An example of a code statement is as follows:

* Behavior: Destruction of school property.
* Consequence: Parent conference; After-school detention; Assignment to In-School Suspension.

4. Include consequences for unacceptable behaviors, as defined by the district, from minor to severe. Schools must facilitate the development of self-discipline in students. Neglecting to address minor unacceptable behaviors such as rudeness and other disruptive actions may lead to more serious behaviors. Codes that focus on one or the other may undermine the development of self-discipline in students. For schools to maintain a safe and orderly environment, systems must handle the full range of unacceptable behaviors.

5. Match consequences with the severity of the misbehavior. Codes should list
separately minor and severe misbehavior with the resulting disciplinary action.
Codes constructed in this format allow students to immediately identify the range
of actions, from loss of privileges to expulsion, that may result from the behavior.

6. Require prompt removal of dangerous and chronically disruptive students from
the learning environment.

7. Provide for the annual review and updating of the code of conduct. Based on the statistical data collected regarding discipline, the school should review the code to determine if corrections, additions or deletions are necessary. Data and feedback of staff, parents/council, and students are critical to keeping the code of conduct relevant to the student body. Sharing the data with the community and
parents ensures the perception of a safe and orderly school. Community and parent support of the district and its discipline code is critical. The district must ask parents, and may wish to include staff, students, and community representatives to serve on the team developing the code. This cross-section of the community will allow for broad representation of ideas and values.

8. Each incident of inappropriate behavior is unique in terms of situational variables. Similarly, disciplinary action will reflect consideration of a number of factors specific to the student involved in the misbehavior. Teachers and administrators shall consider intent or lack of intent of the misconduct at the
time the student engaged in the conduct, as well as, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, the effect of the misconduct on the school environment, the student’s disability, and claims of self-defense. In each decision, an administrator must consider did an individual student acted in self-defense, an individual student’s intent or lack of intent at the time the student engaged in the conduct, an individual student’s disciplinary history, or disability that substantially impairs the individual student’s capacity to appreciate the wrongfulness of the student’s conduct. Mitigating factors should be defined broadly. The definition of self defense should be based
on the definition of self-defense in section 9.31 of the State Penal code: …a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force… in determining whether an actor …reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat. Consideration of self defense as a mitigating factor does not require that a student assert he or she acted in self defense prior to school administrator
giving consideration self defense as a migrating factor. Consideration of disability a mitigating factor do NOT require that a student with a disability be enrolled in special education nor the student required reveal his disability to school officials prior to engaging in the conduct under review.
9. Although the use of physical force by students should not be encouraged or condoned, however, disciplinary action will reflect consideration when a student uses physical force to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself, or to the degree the student reasonably believes that
his intervention is immediately necessary to protect the third person.

10. Disciplinarians, although proceeding in utmost good faith, frequently act on the reports and advice of others; and the controlling facts and the nature of the conduct under challenge are often disputed. The risk of error is not at all trivial. The code of conduct will include an appeals process that insures the child receives basic due process rights. All students and parents will have the ability to appeal any punishment decision to the school board within one month of the incident.

11. Concerning any infraction that may result in removal from school and potential law enforcement action, parents must be contacted immediately and given to opportunity to be present prior to any questioning by law enforcement. Parents will have a 24-hour window in which they can appear before any punishment or criminal citation can be administered. The only exception would involve firearms and a continuing threat to the safety of school personnel and students. Parents have the right to demand an attorney be present before police questioning (exception being a continuing threat) of their child.

12. Concealment of contraband items are a threat to the student and public safety. Students will have an opportunity to turn in any contraband item without immediate punishment. In the case of weapons, drugs, and alcohol, parents must be notified within 24 hours of the incident. If the administrators decide punishment is necessary, a student/parent conference shall be convened to discuss the incident and punishment will be determined at that time.

13. Student code of conduct should include a student's bill of rights. The bill rights will include all due process requirements of federal and state law. A student's excercise of his rights under the Constitution of United States will not be considered insubordination, admission of guilt or the basis for reasonable suspiscion or cause. A student has the right remain silent in the event he/she is questioned by a teacher, principal, social worker, psychologist or police officer about any non-academic matter related to information about said student or another student. A student has the right to not consent to his/her search of person, car, locker, purse, backpack or books. A student has the right not to sign any documentation without first obtaining permission from a parent or legal guardian.