How to join us tonight at 5:00 pm
for virtual JCEA bargaining
Please take some time with the DRAFT proposal of Article 9 included below.
To join us for virtual bargaining tonight – click HERE.
Follow the JCEA BOAT on Facebook HERE.
Like our JCEA Facebook page HERE.
Save the date for the upcoming April bargaining sessions!
If you don’t use Facebook you can always access the live stream through the district’s website HERE. Sadly there will not be an interactive Q & A available when viewing through the district’s link.
Article 9 – DRAFT PROPOSAL
Article 9 Student Discipline and Educator Protection – DRAFT PROPOSAL –
1.1 The Board of Education recognizes that effective student discipline is a major contributor to the creation of a positive and productive learning environment for all students. The Board in accordance with state law has adopted a written student conduct code and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for and to obey persons of authority. The code also emphasizes that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action. The code shall emphasize proportionate disciplinary interventions and consequences and keeping students engaged in learning.
1.2 Maintaining an orderly, safe environment conducive to learning is an expectation of all staff members of the District. Consistent with this interest, principals who have discipline information concerning students enrolled in the District will communicate that information to all educators who have direct contact with those students to the extent permitted by state and federal law, district policy, and law enforcement direction. Any educator who is informed of this information shall maintain its confidentiality and shall not communicate it to any other person.
1.3 The collaboration committee, or a sub-committee at each school site will be specifically charged to collaboratively develop, implement, monitor and revise building level student discipline policies, procedures and responsibilities consistent with the District student discipline matrix. The school site will determine the committee structure as per Article 10.
1.4 Upon request, the District will provide training in matters related to student discipline for school discipline committees and school sites. The committee shall meet at least twice a year during the workday. A teacher’s evaluation shall not be adversely affected by participation on the committee. The committee’s responsibilities will include, but not be limited to:
1.4.1 Involving and educating parents and other stakeholders.
1.4.2 Establishing a process for participation in the development of remediation plans, safety plans or other behavior plans for habitually disruptive students by appropriate staff. If the student is on an IEP, both special education and general education teachers must participate in the process.
1.4.3 Establishing a process for communication of remediation plans for habitually disruptive students to appropriate staff.
1.4.4 Clarifying rights of students and teachers.
1.4.5 Appropriate use of restorative practices following sufficient training for both administration and staff and a thorough understanding of best practices.
1.4.6 Establishing an annual process for communicating the school’s discipline policies to staff, students and parents.
1.4.7 Reviewing annually, the information contained in the State Accreditation Report which is used to gather school-based student discipline data categorized by infraction – including habitually disruptive, action taken, gender and racial-ethnic distributions.
1.5 It is recognized that discipline problems are less likely to occur in classes which are well taught and where a high level of student interest is maintained. It is likewise recognized that when discipline problems occur, they may be dealt with most constructively by encouragement, praise and emphasis upon the child’s desirable characteristics, as well as the consistent application of reasonable and predictable consequence for student behavior.
1.5.1 A teacher may use reasonable force as is necessary to protect himself/herself from attack or to prevent physical injury to another person or damage to property while acting within the scope of his/her employment. Educators will not be disciplined for such use of reasonable force.
1.5.2 Each school shall develop specific procedures for staff intervention in fights and inform all staff regarding such procedures. In order to minimize the possibility of harm to staff or students, staff is encouraged to exercise good judgment before physically intervening in any altercation. Educators who judge that not physically intervening is best, must notify appropriate staff, and will not be disciplined for lack of physical intervention.
1.6 A teacher may exclude a pupil from one (1) class period or session and refer such student to the principal or assistant principal consistent with the school discipline plan. In such cases, the teacher will furnish the principal or his/her designee, as promptly as his/her teaching obligation allows, full particulars of the incident in writing. However, every effort will be made by the teacher to submit to the principal or his/her designee the full particulars of the incident in writing by the end of the teacher’s workday. The principal or his/her designee will respond in writing to teachers in a timely manner (normally within 24 hours) regarding such written disciplinary referrals. Prior to the student’s return to class, the principal or designee and educator will communicate about appropriate consequences for the student. A student will not be returned to class until such communication occurs as long as the teacher has followed the school’s process for implementing the District student discipline code and matrix.
1.7 Suspension of students from school, consistent with District policies, will be imposed only by a principal or his/her designated representative. School authorities will endeavor to achieve correction of student misbehavior through consistent application of the school discipline policy, and through counseling and interviews with the child and his/her parents, when warranted.
188.8.131.52.1 Any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events three times in any one school year shall be declared an habitually disruptive student and may be subject to expulsion in accordance with Board policy and state law.
For purposes of this policy, “material and substantial disruption” means behavior which is initiated, willful, and overt on the part of the student and which is considered, in the view of the principal or designee, to cause a serious interference with the orderly operation of the school or the school’s ability to provide educational opportunities to the student or others or is considered to be detrimental to the welfare or safety of others.
1.7.2 In lieu of suspension, the principal or his/her designee may permit the student to remain in school with appropriate alternative interventions. Such interventions may include the student’s parent(s) attending class with the student for a period of time established by the principal or designee; in school suspension; or other options. The principal or his/her designee will consult with the student’s teachers and obtain their consent before implementing alternatives. In the event that this alternative becomes disruptive, the school will immediately terminate this option.
1.7.3 Consistent with District Policy JK-R, Student Discipline (Habitually Disruptive), a remedial discipline plan (safety plan or behavior plan) will be developed by the principal or his/her designee with the assistance of the student’s teacher(s) and any other school personnel involved. Such a plan must be followed by the administration and educators. If the plan is not successful in regulating the student’s behavior, additional steps must be taken such as revision of the plan, placement in an alternative setting, or other appropriate disciplinary action.
1.8 Any incident of physical and/or verbal threat or assault upon a teacher shall be reported promptly by the teacher to the principal or his/her designee. The building administrator will conduct an investigation, with teacher involvement, once an incident that threatened the physical safety of a teacher is reported. The building administrator will make known to the teacher that a formal building-level threat assessment can be requested, and will include the teacher in the process if so requested by said teacher. A written response will be provided to the teacher upon completion of a building-wide threat assessment. The District shall make available to the Association, upon request, a summary report of reported incidents of physical and/or verbal threat or assault upon teachers.
1.9 If any teacher is assaulted, complained against, or sued, as a result of acting within the scope of his/her employment, the District will provide legal counsel and render all necessary assistance to the teacher in his/her defense.
1.9.1 Time lost by a teacher in connection with any incident mentioned in Article [1-8] shall not be charged against the teacher for up to two (2) years.
1.10 An act of a teacher or other employee shall not be considered child abuse if the act was performed in good faith and in compliance with Board policies and procedures.
1.11 In instances where criminal physical assault or non-sexual child abuse charges are brought against a teacher, an internal investigation will be conducted by the District. If such internal investigation determines that the teacher was acting within the scope of his/her employment, in a reasonable and prudent manner, and in accordance with District policy and State law, the District will appoint and provide full legal counsel for the teacher’s defense. There must be mutual agreement between the District and the teacher regarding any legal support for the appeal process.
1.11.1 If, during the course of an official District investigation, the principal reasonably believes such investigation may lead to disciplinary action against a teacher, the principal shall advise the teacher of his/her rights to representation as per Article 14.
1.11.2 Teachers will not be disciplined for appropriate physical contact regardless of the student response to such contact.
1.11.3 A teacher or any other person acting in good faith and in compliance with the discipline code adopted by the Board shall be immune from criminal prosecution or civil liability unless the person is acting willfully and wantonly.
1.12 The District will provide a safe place for teachers to deposit personal property in each school.
1.13 In the event a teacher, while acting within the scope of his/her employment, has his/her clothing or other personal property damaged or destroyed, as a result of an attack, assault, menace, vandalism, or pupil supervision problem the District will reimburse the teacher the cost of repair or the reasonable replacement cost of such property.
1.14 Given prudent and responsible handling, the District will provide reimbursement/replacement for wallets/purses, outer-wear and briefcases which are stolen while on school grounds up to $500 or the insurance deductible, whichever is less.
1.15 Given prudent and responsible handling the District will provide reimbursement/replacement for stolen or damaged personal property used for instructional purposes at school with prior documentation and approval up to $500 or the insurance deductible, whichever is less.
1.16 The District will pay the insurance deductible up to $500 for automobile damage because of theft or vandalism provided the automobile was on school grounds and the employee was acting within the scope of his/her employment.
1.17 In order for the District to reimburse the teacher for losses as outlined in Sections 1-10, 1-11, 1-12, and 1-13, the teacher must: a) submit a written request within ten (10) school days and; b) the District deems the request of the teacher to be meritorious.