Code: JG
Adopted: 08/08/17
Revise/Readopted: 08/08/17
Orig. Code(s): JG

Discipline in the Northwest Regional Education Service District (NWRESD) is based upon a philosophy designed to produce behavioral changes that will enable students to develop the self-discipline necessary to function successfully in their educational and social environments. 

Students may be subject to discipline for conduct while traveling to and from school, at the bus stop, at school-sponsored events and at other schools operated by the ESD, and while off campus whenever such conduct causes substantial and material disruption of the educational environment or the invasion of rights of others. 

The major objectives of the NWRESD discipline program are to teach the following fundamental concepts for living: 

1. Understanding of and respect for individual rights, dignity, and safety; 

2. Understanding of and respect for the law, NWRESD policies, procedures, rules and administrative regulations; 

3. Understanding of and respect for public and private property rights; 

4. Respect for persons in authority. 

The Board seeks to ensure a climate which is appropriate for learning and which assures the safety and welfare of personnel and students. The superintendent will develop rules, procedures and standards whereby those students who disrupt the educational setting or who endanger the safety of others will be offered corrective counseling and be subject to age appropriate and research effective disciplinary sanctions to correct behavioral problems, while supporting a student’s attendance to school and classes. Examples include, but are not limited to, reprimands, conferences, detention and denial of participation in co curricular and extracurricular activities. Title and/or privileges available or granted to students may be denied and/or revoked (e.g., including but not limited to, field trips, etc.). 

The NWRESD shall enforce consistently and fairly all student conduct rules, procedures and standards.  

A student whose conduct or condition is seriously detrimental to the NWRESD’s best interests may be suspended or referred back to the home district for appropriate alternative placement. 

Rules and regulations for excluding students from NWRESD-operated classrooms shall be developed cooperatively with the appropriate authorities from the component districts. Students may be expelled for conduct that poses a threat to the health or safety of students or employees; when other strategies to change student behavior have been ineffective, except that expulsion may not be used to address truancy; or when required by law. The NWRESD shall consider the age of the student and the past pattern of the student’s behavior prior to imposing the suspension or expulsion. The NWRESD will ensure careful consideration of the age appropriateness, rights and needs of the individual concerned, as well as the best interests of other students and the NWRESD program as a whole. 

The use of out-of-school suspension or expulsion for discipline of a student in the fifth grade or below, is limited to: 

1. Nonaccidental conduct causing serious physical harm to a student or employee; 

2. When a school administrator determines, based on the administrator’s observation or upon a report from an employee, the student’s conduct poses a threat to the health or safety of students or employees; or 

3. When the suspension or expulsion is required by law. 

When an out-of-school suspension is imposed on a student in the fifth grade or lower, the ESD shall take steps to prevent the recurrence of the behavior that led to the out-of-school suspension, and return the student to a classroom setting to minimize the disruption of the student’s academic instruction. 

Parents, students and employees shall be notified by handbook, code of conduct or other document of the procedures to address behavior and the consequences of that behavior. 

Administrative regulations for excluding students from NWRESD-operated classrooms shall be developed cooperatively with the component school districts. 

END OF POLICY 

Legal Reference(s):

• ORS 243.650 
• ORS 334.125(1)(2)(7) 
• ORS 339.240 to -339.280 
• ORS 659.850 
• OAR 581-021-0050 to -0075 
• Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969).
• Shorb v. Grotting and Powers Sch. Dist., Case No. 00CV-0255 (Coos County Circuit Ct.) (2000). Ferguson v. Phoenix Talent Sch. Dist. #4, 172 Or. App. 389 (2001).
• C.R. v. Eugene S.D. 4J, #U.S. District Court of OR (2013). 

Cross Reference(s): 

• JFC - Student Conduct 
• JGD - Suspension 
• JGE - Expulsion