STUDENT CODE OF CONDUCT

Approved by the Board of School Committee on August 14, 2023

The Board of School Committee has approved this Code of Conduct for addressing student behavior in schools in compliance with the laws and regulations of New Hampshire including, but not limited to, RSA 193:13, New Hampshire Ed. Rules 306.04 and 317, RSA 193-F, RSA 193-D, RSA 186-C, and BOSC Students 116: Student Conduct. The Board recognizes that safe school environments are necessary for students to learn and achieve, and for staff to support learning. The Board of School Committee expects student conduct to contribute to a safe and productive learning environment that benefits the entire community. The Board directs the District’s administration and staff to address disruptive student behavior proactively, with a focus on positive behavioral actions and graduated behavioral sanctions, with student removal from the school being a last resort option that is often only appropriate when the behavior impacts the health or safety of other students and personnel in the District. All students are entitled to a safe and productive learning environment, which is achieved when everyone in the school community, including students, parents/ guardians, teachers, principals, administrative and support personnel, superintendents, and the community (as represented by the Board), accepts responsibility for appropriate behavior at all times.

This policy is available at: www.mansd.org/o/msd/page/district-policies under “Code of Conduct for Students”

RSA 193:13, XII. Each school district and chartered public school shall make its policy on school discipline:

(a) Available to parents at the beginning of each school year;

(b) Publicly available on the district, school administrative unit, or chartered public school website and in the student handbook; and

(c) Available to parents via a manner designed to ensure parental notification if the school district, school administrative unit, or chartered public school does not maintain a website and/or student handbook.

I. DEFINITIONS

Age-Appropriate Responses

All Manchester School District Staff shall respond to student behavior in an age-appropriate manner, consistent with this policy. Age appropriate reactions means that the District staff, at every grade level, will take into account the student’s age when determining an appropriate response to behavior, as well as other factors as outlined in this policy. Age is not a singular factor to consider when determining a response to student behavior, but is an important consideration.

Positive Behavior Interventions

Before implementing this Code of Conduct’s graduated sanctions or disciplinary reactions to student behavior, District administrators and staff are directed pursuant to BOSC Policy Students 116 to take proactive approaches to discipline by redirecting student behavior, engaging in positive relationships with students, encouraging behavior modifications, and otherwise utilizing  positive behavior approaches available prior to employing graduated sanctions. Such responses occur on a daily basis and are generally performed before the Code of Conduct is implemented and before any formal documentation is required, but may be included in the documentation once graduated sanctions are employed.

Graduated Sanctions

The set of potential interventions, remedies, remedial, and/or disciplinary actions that may be taken by school administrators in response to student conduct that violates this code of conduct, as outlined within this document (see Section II, below).

Temporary Removal from Classroom

Students may be temporarily removed from the classroom at the discretion of the classroom teacher. A student may be temporarily removed if the student refuses to follow the teacher’s directions, fails to follow school policies or rules, disrupts the classroom environment, or  otherwise engages in conduct that violates the Student Code of Conduct. During such removals, students will be sent to the building principal’s office or designated area. 

Teacher Detention

Students may be assigned a detention at the discretion of the classroom teacher. A student may receive a detention if the student refuses to follow the teacher’s directions, fails to follow school  policies or rules, disrupts the classroom environment, or otherwise engages in conduct which  violates the Student Code of Conduct. 

During such detentions, students will be required to remain at school during non-school hours. Elementary students may not serve detention during recess, in accordance with BOSC Policy Safety 128. Parents will be notified no later than the day prior to the detention. The length of the detention is left to the discretion of the classroom teacher, generally not to exceed one (1) hour. 

Administrative After-School Detention

Students may be assigned a detention at the discretion of the building Principal or designee. A student may receive a detention if the student refuses to follow the administrator’s directions,  fails to follow school policies or rules, disrupts the school environment, or otherwise engages in  conduct which violates the Student Code of Conduct. 

During such detentions, students will be required to remain at school during non-school hours. Elementary students may not serve detention during recess, in accordance with BOSC Policy Safety 128. Parents will be notified no later than the day prior to the detention. The length of the detention is left to the  discretion of the administration, generally not to exceed one (1) hour. 

Administrative Saturday Morning Detention

High school students may be assigned a Saturday morning detention at the discretion of the building Principal or designee. A student may receive a Saturday morning detention if the student engages in conduct set forth in the Student Code of Conduct. 

During such detentions, students will be required to report to school on their designated Saturday morning. Parents will be notified no later than the day prior to the detention. The length of the detention is left to the discretion of building administration and can be up to three (3) hours. 

In-School Suspension

Students may be assigned in-school suspension at the discretion of the building Principal or designee. During such in-school suspensions, the student will attend school but will be removed from one or more classes and placed in a restricted and supervised classroom within the building.  The student will be expected to remain of good behavior and work quietly on school work while serving the in-school suspension. Parents will be notified no later than the day prior to the in-school suspension. 

Short-Term Suspension

The removal of a student from the school premises and classroom setting for up to ten (10) school days.

Long-Term Suspension

The removal of a student from the school premises and classroom setting for anywhere between ten to twenty (10-20) school days (beyond the initial 10 days of a short-term suspension). The maximum length of a short-term and long-term suspension combined for the same incident is twenty (20) school days.

Expulsion

The permanent removal of a student from the school premises and classroom setting. Expulsion from any other New Hampshire District shall be enforceable in the Manchester School District at the Board of School Committee’s discretion. Expulsion by the Manchester School District shall be enforceable at any other school district in New Hampshire, at the discretion of the receiving district.

Student Assistance Counselors (“SAP”)

Specific counselors who are trained to address a variety of topics with students, and may assist students with addressing behavior in the schools.

 Extracurricular Suspension

The removal of a student from the activity or sport that they are enrolled in for a particular duration of time, often identified as a number of school days of participation during which the student will be prohibited from participating in their chosen activity or sport, including practices and games. 

Re-Entry Plans

Any student that has been suspended will require a re-entry plan. A re-entry plan must include information outlined in Section IV, C, 3 of this document (see page 22). The District will provide a checklist to administrators to complete a re-entry plan.

 Behavior Intervention Plan

A Behavior Intervention Plan, as defined in BOSC Policy Students 116, must be created for any student who has been suspended more than ten (10) cumulative school days in any school year. The District will provide a Behavior Intervention Template.  The intervention plan will proactively address the student’s problematic behaviors. It may include goals and objectives for the student, but must also include proactive interventions by the school that will assist and support the student as well. Please see Sections IV, C, 2-3, below.

Safety Intervention Plan

A Safety Intervention Plan contains all the main components of  a Behavior Intervention Plan, but also includes components to address specific Safety concerns, in addition to staff response for safety situations that may escalate. 

II. STUDENT RIGHTS AND RESPONSIBILITIES

 A safe and productive learning environment is achieved when students, parents/guardians, teachers, principals, administrative and support personnel, superintendents, and the community, as represented by the Board of School Committee, accept responsibility for appropriate behavior.

Everyone is responsible to:

●      Behave in a manner that provides for a safe, respectful and productive educational environment;

●      Learn and support the Manchester School District’s Student Code of Conduct;

●      Respect the rights of others and their property;

●      Work cooperatively with one another;

●      Be responsible for their own actions;

●      Understand the importance of regular school attendance;

●      Recognize that absenteeism is a classroom disruption.

Parents are responsible to:

●      Be an active participant in their child(ren)’s education;

●      Help their child(ren) learn about the Manchester School District’s behavioral expectations and the consequences of breaking rules (Student Code of Conduct);

●      Ensure that their child(ren) attend school daily;

●      Encourage their child(ren) to do their best;

●      Communicate the needs and concerns of their child(ren) to the school;

●      Notify the school if their child(ren) will be absent;

●      Be available for conferences;

●      Ensure that adult supervision is provided should their child’s behavior cause him or her to be suspended out of school.

Teachers are responsible to:

●      Provide students with a positive and safe school environment;

●      Enforce the Manchester School District’s Student Code of Conduct;

●      Inform students and parents of classroom rules and behavioral expectations;

●      Manage classroom behaviors;

●      Communicate with parents regularly;

●      Encourage and model exemplary behavior and attendance.

Principals are responsible to:

●      Ensure a positive and safe school environment for students and staff;

●      Communicate school rules to students, staff and parents;

●      Enforce the Manchester School District’s Student Code of Conduct;

●      Assume responsibilities for school rules being followed by his/her students;

●      Communicate the discipline action taken with parents and involved staff;

●      Maintain discipline and attendance files;

●      Report all suspected illegal activities to police and the Superintendent’s office;

●      Encourage and model exemplary behavior and attendance.

The Superintendent is responsible to:

●      Ensure a positive and safe school environment for all students and staff;

●      Ensure that all school Principals consistently enforce the Manchester School District’s Student Code of Conduct;

●      Provide support and guidance to school staff;

●      Maintain quarterly discipline reports (excluding students’ names) of incidents requiring Principal’s involvement.

The Board of School Committee is responsible to:

●      Adopt a fair and consistent discipline policy;

●      Ensure, through the Superintendent of Schools, that the Student Code of Conduct is consistently and equitably implemented by all school employees.

Safe and Orderly Educational Environment

Attendance

Dress and Grooming

Discipline and Student Conduct

Free Speech/Expression

Privacy and Property Rights

Assembly and Petition

Extracurricular/Co-Curricular Activities

Guidance and Student Services

Motor Vehicles

III. BEHAVIOR INTERVENTIONS

RSA 193:13, XI. School boards and chartered public schools shall establish policies on school discipline that contain a system of supports and consequences designed to correct student misconduct and promote behavior within acceptable norms. Such policies shall:

(a) Include a graduated set of age-appropriate responses to misconduct that may include, but are not limited to, parent conferences, counseling, peer mediation, instruction in conflict resolution and anger management, parent counseling and training, community service, rearranging class schedules, restriction from extracurricular activities, detention, in-school supports and consequences, out-of-school suspension, and expulsion.

This Code of Conduct serves to establish certain rules that apply to student behavior at school including, but not limited to, on the school premises and at any school sporting or recreational activity or event or school-sponsored activity whether on school grounds or off school grounds. Teachers, administrators, coaches, staff and volunteers are required to maintain a safe and orderly environment by utilizing classroom management techniques and should offer access to guidance and student services as appropriate. The following behavior interventions are designed to be implemented when additional resources are needed beyond typical classroom management. At all times the behavioral intervention must comply with State and Federal law, the Individuals with Disabilities Education Act (IDEA), Family Educational Rights and Privacy Act (FERPA) and Section 504.

Discipline should be implemented both by progressive levels and by implementing graduated sanctions, starting with positive actions, and progressing to interventions, as outlined in the chart below. This approach requires a system of supports to be in place for the student for lower level offenses before progressing to more serious disciplinary action, including removal from school. See Section III, B, below for description of each response category.

A. LEVELS OF OFFENSES

Level 1 Offenses: These offenses include behavior on the part of the student which impedes orderly classroom procedures or interferes with the orderly operation of the school. When these misbehaviors cannot be managed by an individual staff member, other school personnel may be required to intervene. These behaviors should be addressed through positive behavior actions in the first instance (for repeated behaviors see level 2 or 3). Such behaviors may include:

●      Uncooperative behavior in class or study

●      Tardiness

●      Violation of the Dress code

●      Rude or inappropriate language

●      Loitering on school property

●      Cutting class

●      Refusal to conform to the rules of the school and/or school district policies

●      Parking violations

●      Public display of affection

●      Use of skates, skateboard, scooter, etc during school hours

●      Being in “off limits” area

●      Use or display of personal technology during school hours

●      Refusal to follow staff direction.

Level 2 Offenses: These offenses include either repeated behaviors or more serious behaviors that disrupt the learning environment in the school. These behaviors may require the intervention of administrative personnel due to the inability of the behavior to be controlled by positive behavior actions during the Level 1 phase. These behaviors do not present a direct threat to health or safety, and as such, would not warrant removal (see Level 3 for repeated behaviors that do impact health or safety and may warrant removal from school). These behaviors should be addressed through either positive behavior actions or, if such actions are not sufficient or have been unsuccessful, then through behavior interventions. Such behaviors may include:

●      Continuation of any Level 1 Behavior

●      Disruptive behavior

●      Repeated refusal to follow staff direction.

●      Plagiarism/ cheating

●      Verbal/ symbolic harassment

●      Forgery (school forms)

●      Profanity, vulgar language, or gestures directed at a specific person

●      Violations of internet use policy (BOSC Policy Students 129.1)

●      Truancy

●      Leaving school grounds without authority

●      Gambling and lotteries

●      Throwing solid objects

●      Reckless operation of bicycle on school grounds

Level 3 Offenses: These offenses are acts that are directed against particular people or that warrant immediate intervention. Such acts may be considered criminal, but more likely can be handled through the school’s disciplinary process. Corrective measures which the school should undertake, however, depend on the extent of the school’s resources for remediating the situation in the best interests of all students. Level 3 offenses may lead to a short-term suspension by the Principal if a student’s behavior is detrimental to the health, safety, or welfare of pupils, or if a student acts with repeated and willful disregard of the reasonable rules of the school and their behavior has not been remediated through the use of graduated sanctions. Without a safety threat, documented graduated sanctions are necessary prior to the use of suspension.  Any report of Bullying as defined in RSA 193-F, copied below, must be reported in accordance with BOSC Policy Students 118: Pupil Safety and Violence Prevention Policy.

Such behaviors may include:

●      Repeated listed Level II behavior (3 or more infractions)

●      Bullying (as defined in RSA 193-F, copied below)

●      Simple Assault (RSA 631)

●      Sexual Harassment (must report under Title IX)

●      Defacing, destroying school property (Criminal Mischief RSA 634:2)

●      Theft (RSA 631 and 637)

●      Reckless operation of motor vehicle on school grounds

●      Possession or use of pornographic or non-academic violent material including sexually explicit or graphically violent materials

●      Gang related activities (clothing, insignia, communication, threats, coercion, solicitation, conspiracy)

●      Reckless Conduct

●      Possession (or use of) fireworks/ explosives)

●      Hazing

●      Targeted assault on a student

●      Physical fighting (3 or more people)

RSA 193-F:3, (a) “Bullying” means a single significant incident or a pattern of incidents involving a written, verbal, or electronic communication, or a physical act or gesture, or any combination thereof, directed at another pupil which:

(1) Physically harms a pupil or damages the pupil’s property;

(2) Causes emotional distress to a pupil;

(3) Interferes with a pupil’s educational opportunities;

(4) Creates a hostile educational environment; or

(5) Substantially disrupts the orderly operation of the school.

(b) “Bullying” shall include actions motivated by an imbalance of power based on a pupil’s actual or perceived personal characteristics, behaviors, or beliefs, or motivated by the pupil’s association with another person and based on the other person’s characteristics, behaviors, or beliefs.

Level 4 Offenses: These offenses may require a hearing with the Assistant Superintendent to consider a long-term suspension from school. These offenses are acts which result in violence to another person or property or which pose a direct threat to the safety of others in the school. The acts may be criminal in nature, and are so serious they always require administrative action. These offenses may result in immediate removal form school when an ongoing safety threat persists and may also require action from law enforcement as well. NH school authorities are obligated to report clearly established criminal offenses to law enforcement authorities. See Section II, E (below) for reporting requirements for acts of theft, destruction or violence, and firearms pursuant to NH Ed. Rules 317 and RSA 193-D:4. 

Students may be suspended or expelled for actions not immediately connected with school activities where school officials have reasonable cause to believe that a student by virtue of actions after school hours and off school property, present a danger to him or herself, to others, or to school property.

 ●      An act of theft, destruction, or violence prohibited by New Hampshire’s Safe School Zones Act (RSA 193-D) including:

○      Such acts that threatens safety of students, faculty, staff or administration

○      Assault on teacher or staff member (RSA 631)

○      Assault on student resulting in severe bodily injury or by means of deadly weapon

○      Possession of a weapon (including gun, air rifle, pellet gun, knife other weapon – RSA 193:13; RSA 193-D)

○      Possession of look-alike weapons (Safe Schools-RSA 193-D)

○      Setting or attempting to set fires, detonation of explosives, arson (RSA 634:1)

○      Bomb threat, possession of bomb or look-alike bomb

○      Defacing or destroying school property – Criminal Mischief (RSA 634:2)

○      Extortion

○      Stalking

○      Causing a false fire alarm

○      False alarm of chemical/ biological weapon or substance or delivery of such weapon to school.

○      Burglary

●      Bullying that has not been resolved through targeted interventions where the student poses an ongoing threat to the safety of the school community or an individual;

●      Possession of a firearm, BB gun or paintball gun.

RSA 193-D:1

I. “Act of theft, destruction, or violence” means an act set forth in the following statutes regardless of the age of the perpetrator:

(a) Any of the offenses enumerated in RSA 189:13-a, V.

(b)

(1) Any first or second degree assault under RSA 631.

(2) Any simple assault under RSA 631:2-a.

I Criminal mischief under RSA 634:2.

(d) Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159.

(e) Arson under RSA 634:1.

(f) Burglary under RSA 635.

(g) Robbery under RSA 636.

(h) Theft under RSA 637.

(i) Illegal sale or possession of a controlled drug under RSA 318-B.

(j) Criminal threatening under RSA 631:4.

   IV.         II. “Safe school zone” means an area inclusive of any school property or school buseI. “School” means any public or private elementary, secondary, or secondary vocational-technical school in New Hampshire. It shall not include home schools under RSA 193-A.

     V.         IV. “School employee” means any school administrator, teacher, or other employee of any public or private school, school district, school department, or school administrative unit, or any person providing or performing continuing contract services for any public or private school, school district, school department, or school administrative uniV. “School property” means all real property, physical plant and equipment used for school purposes, including but not limited to school playgrounds and buses, whether public or private.

VI. “School purposes” means school-sponsored programs, including but not limited to educational or extra-curricular activities.

Level 5 Offenses: These offenses may require a hearing with the Board of School Committee’s Conduct Committee for consideration of an expulsion from school. These offenses are acts which result in violence to another person or property and which pose an ongoing threat to the safety of others in the school or to the school community. The acts are criminal in nature, and are so serious they always require administrative action. These offenses may result in immediate removal form school when an ongoing safety threat persists and may result in a permanent exclusion from school (expulsion). Such acts may also require action from law enforcement as well. NH school authorities are obligated to report clearly established criminal offenses to law enforcement authorities. See Section II, E (below) for reporting requirements for acts of theft, destruction or violence, and firearms pursuant to NH Ed. Rules 317 and RSA 193-D:4. 

Behaviors that pose an ongoing safety threat to the school community, and:

o   Are a repeated act of theft, destruction, or violence pursuant to RSA 193-D (Repeated Section 4 violations);

o   Repeated act of bullying that has not responded to targeted interventions and that poses an ongoing threat to an individual or the school community;

o   Repeated possession of a firearm, BB gun or paintball gun;  

o   Are an act of physical assault that would be a felony if committed by an adult;

o   Are an act of sexual assault that would be a felony if committed by an adult;

o   Acts of Violence as defined in RSA 651:5 including:

• First degree assault

• Aggravated felonious sexual assault or felonious sexual assault

• Kidnapping

• Criminal Restraint

• Class A felony Arson

• Robbery

• Incest or endangering the welfare of a child by solicitation

• Felonious offenses involving child sexual abuse images

Felonious Criminal Threatening by use of a deadly weapon, RSA 631:4, II (a).

• Possession of a Firearm

For all Level 5 offenses, other than Possession of a Firearm, the Board’s Conduct Committee must consider the student’s age, disciplinary history, whether the student has a disability, the seriousness of the behavior, whether the school implemented positive behavior interventions, and whether a lesser intervention would properly address the behavior prior to determining whether expulsion is appropriate.

B. LEVELS OF INTERVENTIONS/ SANCTIONS

Responses to student behavior may include, but are not limited to, the following possible actions and interventions:

1. Positive Behavior Actions

   1. Use of school-wide classroom management protocols

   2.  Re-teaching school-wide expectations 1:1 by a staff member or in a small group

   3. Positive acknowledgment for following behavior expectations

   4.  Positive Behavior Plan

   5.  Facilitated referral to community partner working in or outside of the school

   6. Counseling (including SAP counseling)

   7. Peer mediation

   8. Anger management instruction and/or support

   9. Parent counseling

   10. Restorative Conference

   11.  Special assignments

   12. Support from outside agency

   13. Parent counseling, training and/or collaboration

2. Behavior Interventions – Level 2, Repeated Level 2, or Level 3

   1. Behavior intervention Pl–n – Combining any of the above positive behavior actions and/or interventions to address the student’s problematic behavior

   2. Behavior contract

   3. Restorative Conference

   4. Small group or individualized support to re-teach behavior expectations

   5. Facilitated referral to community partner working in or outside of the school

   6. Community Service

   7. Changing class schedule, teacher(s)

   8. Change in Bus assignment (in accordance with BOSC policy Transportation 100)

   9. Restriction or removal from extra-curricular activities including sports participation – shall be done in increments of 10/20/30 day suspensions.

   10. Loss of privileges

   11. Temporary removal from classroom

   12. Detention

   13. Saturday Detention

   14. In-School Suspension

   15. Restitution/ Restorative action

3. Change in Assignment

   1. School Transfer for probationary period (or for duration of school year)

   2. Alternative school (if/ when available)

4. Removal (requires due process, as outlined below).

   1. Suspension, Short-Term (any duration of 1-10 days)

   2. Suspension, Long-Term (10 additional days)

   3. Expulsion (permanent, anything beyond 20 consecutive days)

5. Notification to Law Enforcement

   1. Notification to and communication with School Resource Officers (SROs) regarding students shall be in accordance with the annual Memorandum of Understanding (MOU) developed between the District and the Manchester Police Department (MPD).

   2. Any offense involving an act of theft, destruction, or violence, or a firearm, shall be reported to law enforcement in accordance with NH Ed. Rules 317 and New Hasmphire Safe School Zones law, RSA 193-D:4. See Section II, E, below for additional reporting information.

C. DRUG/ ALCOHOL OFFENSES

Drug and Alcohol Offenses: The District expressly prohibits alcohol and other drug usage, including at all school functions, activities, and school locations in accordance with RSA 318-B and RSA 179:10. Recommended responses are outlined below; however, school administrators shall take into account the specific circumstances of the student’s alleged violation of this policy, as well as the student’s willingness to engage in counseling and other offered support and/or services. Administrators have mandatory reporting obligations to law enforcement pursuant to RSA 193-D for acts of theft, destruction, or violence which includes offenses that fall under Type II and Type III, below. Please see Section III, A, Level 4, above, for the definition of “acts of theft, destruction, or violence” including drug offenses.  Nothing in this provision shall amend the student’s rights to due process procedures for suspension or expulsion as outlined in Sections III and IV, below.

1. Type 1 Offense: Knowingly in the Presence of Drugs or Alcohol

   a. Behavior Management: Parent notified, student offered SAP counseling, contraband confiscated (if any), and re-entry plan developed (if student removed).

   b. Behavior Consequences:

i . First Offense:

1. 10 day extracurricular suspension

2. SAP counseling (up to 10 hours) and potential 1 day suspension

3. No counseling: potential 2 day suspension.

ii. Second Offense:

1. 20 day extracurricular suspension

2. SAP counseling (up to 15 hours) and potential up to 3 day suspension

3. No counseling: potential up to 5 day suspension.

2. Type II Offense: Possession or use of alcohol, tobacco, drugs, or paraphernalia (including using/ having used, attempting to secure and/or purchasing the above)

a. Behavior Management: Parent notified, Student offered SAP counseling, contraband confiscated (if any), SRO involvement, re-entry plan if needed.

b. Behavior Consequences:

i. First Offense

1. Thirty days extracurricular suspension.

2. SAP counseling (up to 15 hours) and potential up to 3 day suspension

3. No SAP counseling: potential up to 5-10 day suspension.

ii. Second Offense: Elevate to Type III Offense

3. Type III Offense: Repeated Type II or Intending and/or Attempting to sell and/or distribute alcohol, tobacco or other drugs

a. Behavior Management: Behavior Management: Parent notified, Student offered SAP counseling, contraband confiscated (if any), SRO involvement, re-entry plan if needed.

b. Behavior Consequences:

i. Sixty day extracurricular suspension

ii. Potential for 5-10 school day suspension

iii. Referral to Superintendent for potential long-term expulsion (add 10 days)

iv. SAP counseling up to 20 hours

4. Assistance Available. Counseling services are available to students who are having problems with alcohol and other drugs. Any violation of this drug use policy will result in the referral of the student to SAP counseling. The counselor will provide individual counseling to the student, small group counseling, and/or may assist with making appropriate referrals to outside agencies and community partners for further support services depending on the needs of the student and the resources available in the community. All conversations will be kept confidential.

5. All drug or alcohol offenses must be documented so that a proper determination as to first, second, or subsequent offense may be made, regardless of consequence.

6. In all cases where there has been a violation of this policy, a parent or guardian will be notified. The student will be released to the parent or guardian. If the parent or guardian cannot be reached or is unwilling to come to the school, Manchester Police Department/ SRO may be called, apprised of the facts, and requested to take protective custody of the student if necessary.

7. Prescription Drugs/ Medication. These items shall be given to the school nurse immediately upon arrival to school. The student may take the medication upon leaving for the day. Exceptions will be granted in special circumstances with approval in writing from the school nurse.

8. Re-Entry Plans for Suspension due to Drugs or Alcohol

   
   a. Any student who is suspended for a drug/ alcohol offense must have a re-entry plan developed upon their return to school. The plan should address (but is not limited to) behavior expectations, participation in counseling/ SAP, academic expectations and any other activity which will allow for positive re-entry to school. The plan should be developed with the student, administration, guidance department (SAP), teachers, and parent(s) or guardian(s).

b. Class officers may forfeit their leadership position when they violate this policy. They may resume activity after their extracurricular suspension; however, they may not hold office until the following school year.

c. The graduated sanctions as outlined above are strongly recommended, but may not take into account the specific circumstances of any given situation. The administration may determine that an upward or downward deviation is necessary to address the student and their particular circumstances at school.

D. SPECIAL EDUCATION CONSIDERATIONS

Disciplinary responses for students with educational disabilities shall occur in accordance with all federal and state laws, district policies and regulations and the New Hampshire Rules for the Education of Children with Disabilities. See Section III, E if more serious sanctions are going to be considered for a child with a disability.

E. DOCUMENTATION/ DATA GATHERING

RSA 193-D:4

(a) Any public or private school employee who has witnessed or who has information from the victim of an act of theft, destruction, or violence in a safe school zone shall report such act in writing immediately to a supervisor. A supervisor receiving such report shall immediately forward such information to the school principal who shall file it with the local law enforcement authority. Such report shall be made by the principal to the local law enforcement authority immediately, by telephone or otherwise, and shall be followed within 48 hours by a report in writing. If the alleged victim is a student, the principal shall also immediately notify the person responsible for the victim's welfare, as defined in RSA 169-C:3, XXII, that a report was made to the local law enforcement authority.

Each time this Code of Conduct is utilized, the administrator involved shall record, at a minimum, the student's name, offense, administrator involved, SRO involved (if any), and graduated sanctions imposed. RSA 193-D:4 requires that any District staff member report acts of theft, destruction, or violence in a safe school zone to a “supervisor” which shall mean the building Principal or designee at each school in this District. The reporting requirements of NH Ed. Rules 317.05 must be followed for any act of theft, destruction, or violence in accordance with RSA 193-D:4, by filling out Ed. Form 317. Such report shall include the following information: (1)  School name; (2)  School address; (3)  School telephone number; (4)  Name of school principal; (5)  Date, time, and location of incident involving an act of theft, destruction, or violence, or the possession of a firearm; (6)  Alleged offense; (7)  Description of incident; (8) Name of suspect; (9)  Grade in school of suspect; (10)  Address of suspect; (11)  Gender of suspect; (12)  Name of victim; (13)  Grade in school of victim; (14)  Address of victim; (15)  Gender of victim; (16)  Name of employee reporting incident; (17)  Date report was completed by employee; (18)  Date report was filed with local law enforcement authority by school principal. Please see Appendix A for the definition of an act of theft, destruction, or violence.

IV.           SUSPENSION HEARING PROCESS

RSA 193:13, I

(a) A superintendent or chartered public school director, or a representative designated in writing by the superintendent or chartered public school director, may suspend pupils from school for a period not to exceed 10 consecutive school days for:

  (1) Behavior that is detrimental to the health, safety, or welfare of pupils or school personnel; or

(2) Repeated and willful disregard of the reasonable rules of the school that is not remediated through imposition of the district’s graduated sanctions under paragraph X.

 (b) The school board or chartered public school board of trustees, or a representative designated in writing may, following a hearing, extend the suspension of a pupil up to 10 additional consecutive school days for an act that constitutes an act of theft, destruction, or violence as defined in RSA 193-D; bullying pursuant to school district policy when the pupil has not responded to targeted interventions and poses an ongoing threat to the safety or welfare of another student; or possession of a firearm, BB gun, or paintball gun. The school board’s or board of trustee’s designee may be the superintendent or any other individual, but may not be the individual who suspended the pupil for the first 10 days under subparagraph (a). Any suspension shall be valid throughout the school districts of the state, subject to modification by the superintendent of the school district or chartered public school in which the pupil seeks to enroll.

(c) Any suspension in excess of 10 school days imposed under subparagraph (b) by any person other than the school board or board of trustees is appealable to the school board or board of trustees, provided that the superintendent, school board, or board of trustees received such appeal in writing within 10 days after the issuance of the decision being appealed. The school board or board of trustees shall hold a hearing on the appeal, but shall have discretion to hear evidence or to rely upon the record of a hearing conducted under subparagraph (b). The suspension under subparagraph (b) shall be enforced while that appeal is pending, unless the school board or board of trustees stays the suspension while the appeal is pending.

IX. Nothing in this section shall prevent the superintendent of the pupil’s local school district or chartered public school director from reinstating a suspended or expelled pupil.

A.    SHORT-TERM SUSPENSION 

a.     Minimum Requirements

The Principal and/or his/her designee at each school may suspend a student for up to a total of 10 consecutive days for conduct that is either: 

1. Detrimental to the health, safety, or welfare of pupils, OR

2. For students who act with repeated or willful disregard of the reasonable rules of the school if the behavior is not remediated through graduated sanctions.

 Any Principal or designee that seeks to suspend a student must therefore have a concern for health/safety/ or welfare of the school’s students or must have already attempted graduated sanctions prior to suspending for repeated conduct that does not threaten health/safety/welfare of the student or other students in the school. The attempted graduated sanctions must be documented prior to proceeding with suspension for repeated conduct without a health/safety/welfare concern.

b.     Due Process Procedure

 A short-term suspension for alleged conduct that meets the above criteria requires the following due process procedures prior to being imposed:

1. A Principal or his/her designee must hold a meeting with the student and a parent or guardian prior to implementing a short-term suspension.

2. The student must be afforded the opportunity to have a parent or guardian present.

3. The student shall be afforded with notice that they may elect to have an advocate and/or attorney present.

4. The Principal or designee shall inform the student and parent/ guardian of the nature of the alleged conduct, an explanation of the evidence supporting the allegation, and that they are considering a suspension.

5. This notice of the allegation and potential for suspension may occur in writing prior to the meeting, if time permits. However, the notice may also be verbal during the meeting itself.

6. The student shall then have the opportunity to present his or her side of the story or present any alternative evidence in his/her defense.

7. Following this meeting, the Principal or designee must provide a written statement to the student and their parent/ guardian explaining the decision for any disciplinary action taken against the student.

c.     Next Steps

 If a Principal believes the conduct may justify a long-term suspension, the Principal must immediately, within 1 school day, refer the matter to the Superintendent’s office with a recommendation for long-term suspension, if appropriate under the circumstances.

Any student that is suspended for 1-10 consecutive days by the Principal must be returned to school the day following the last day of the suspension, and in any case no later than the 11th day following the imposition of the short-term suspension, unless a further hearing and additional suspension or expulsion was imposed by the Superintendent, Board, or either designee.

*Note: Please see “Educational Assignments During Suspension” at Section III, C, 1 (below), for the District’s obligation to provide assignments and/or educational services to a student while they are out of school during a period of suspension.

B.    LONG-TERM SUSPENSION

a.     Minimum Requirements

The Superintendent and/or his/her designee may suspend a student, following a hearing, for up to a total of an additional 10 consecutive days for conduct outlined in Level 4, above, that is either:

1. An act of “theft, destruction, or violence” OR

2. An act of Bullying when the student both has not responded to targeted interventions and the student poses an ongoing threat to the safety or welfare of another student; OR

3. Possession of a firearm, BB gun, or paintball gun.

A long-term suspension may not be imposed to address repeated rule violations, unless the behavior also falls into one of the specific categories above. A long-term suspension for a firearm is warranted even though the statute calls for a 12 month expulsion as the long-term suspension may be (but does not need to be) served prior to the start of the expulsion. When both a suspension and expulsion are imposed for the same conduct, the start date of the expulsion shall be the first day of the suspension, so that the suspension period is credited towards the total period of the student’s expulsion.

If any long-term suspension will result in the student being suspended for more than 20 cumulative days in the school year, the school must provide alternative education services as outlined in Section III, C, 1 (below).

The long-term suspension may extend the initial short-term, 10 day suspension by a period of up to an additional 10 days. The long-term suspension and short-term suspension, combined, can not exceed 20 cumulative days. If a student is recommended for expulsion, but has not had a hearing with the Board of School Committee, the student must be returned to school on the 21st day under the law.

b.     Due Process Procedures

 A long-term suspension for alleged conduct that meets the above criteria requires the following due process procedures prior to being imposed:

1. Written communication must be issued from the Superintendent’s office to the student and parent or guardian, prior to the hearing, which includes notice of the alleged conduct, an explanation of the evidence, and the date/ time of the hearing with the Superintendent or his/her designee. The student and parent/guardian shall also be notified of their right to have an advocate or attorney (at their own expense) present at the hearing.

2. The student and parent/ guardian may choose whether this hearing is a private or public hearing.

3. A hearing shall be conducted with the Superintendent or his/her designee. During the hearing, school officials shall have the opportunity to present evidence in support of the alleged conduct and make a recommendation as to disciplinary action. The Superintendent or designee may ask an administrator to attend in person, or may rely upon the record of documentation provided by the school official prior to the hearing. A copy of such written documentation shall also be provided to the parent/ guardian at the hearing for their review.

4. The student, parent/guardian, and/or advocate for the student may present evidence in the form of testimony or documentation to support their position, address the charges, or information that is relevant to determining an appropriate sanction.

5. A written decision shall be issued by the Superintendent or designee stating the legal and factual basis for the suspension if imposed after a hearing.

6. The written decision must include information regarding the student’s ability to appeal a decision on a long-term suspension to the Board of School committee.

c.     Next Steps

If expulsion is warranted under the circumstances (see criteria below) and is recommended by the Superintendent following the imposition of a long-term suspension, a referral shall be made to the Board via the Clerk, Chair, and vice Chair of the Board immediately, but no later than 24 hours after the imposition of the long-term suspension.

If the long-term suspension is intended to extend a previously imposed short-term suspension, the suspension must not be imposed by the same person that imposed the short-term suspension. Any student that is suspended for an additional 1-10 days by the Superintendent or designee must be returned to school on the school day following the last day of the long-term suspension, which in no case may be longer than the 21st day after the first day of the short-term suspension, unless the student has received a full hearing from the Board of School Committee and an expulsion order has been issued.

*Note: Please see “Educational Assignments During Suspension” in Section III, C, 1 below for the District’s obligation to provide assignments and/or educational services to a student while they are out of school during a period of suspension.

C.    PROCEDURES DURING AND AFTER SUSPENSION: SCHOOL DISTRICT’S OBLIGATIONS TO PROVIDE ACADEMIC AND RE-ENTRY SUPPORTS TO STUDENTS

RSA 193:13, V. School districts and chartered public schools shall make educational assignments available to the suspended pupil during periods of suspension. Except as provided in paragraphs II and IV, a school district or chartered public school shall provide alternative educational services to a suspended pupil whenever the pupil is suspended in excess of 20 cumulative days within any school year. The alternative educational services shall be designed to enable a pupil to advance from grade to grade. Any time a pupil is suspended more than 10 school days in any school year, upon the pupil’s return to school the school district shall develop an intervention plan designed to proactively address the pupil’s problematic behaviors. No pupil shall be penalized academically solely by virtue of missing class due to suspension.

 The following procedures must be utilized to support a student both academically and behaviorally whenever a student is suspended from school:

1. Academic Support and Progress

a. When a student has been suspended for any period of time, the school shall provide education assignments to include the student’s daily work and coursework from the classes they are missing.

b. When a student is suspended in excess of 20 cumulative days during any school year, the student must be provided with alternative education services which are designed to enable the student to progress from grade to grade while ths student is out of the building. These services may include additional tutoring, academic support, alternative education programming, or any other services that are necessary to enable the student to make progress towards completing their current grade level.

c. A student cannot be penalized academically solely for missing class due to suspension from school.

2. Behavior Intervention Plan  or Safety Intervention Plan

a. When a student is suspended for more than 10 cumulative days in a school year, the school must create an intervention planprior to the student’s return to school, which is in addition to the re-entry plan outlined above.

b. This intervention plan should be specifically tailored to the student’s behaviors and designed to  address  hypothesized or known causes of behavior by providing supports and services from school and/or community-based partners in the school, or facilitated referrals to services outside of the school

c. The District will provide Behavior Intervention Plan and Safety Intervention Plan templates. ;

d. In addition to implementing supports and services for students, the intervention plan should: 

i. Target problem behaviors

ii. Define specific goals including replacement behaviors and timelines

iii. Describe interventions, including strategies to change negative behaviors, teach appropriate skills and outline negative consequences,

iv. Have a mechanism to monitor the effectiveness of the plan.

e. The plan must be developed and approved before the student returns to school. The plan may be amended and adjusted as needed if further behaviors arise or if additional suspension is warranted after the initial plan is put in place.

3. Re-Entry Plans

a. All students returning from suspension shall receive a re-entry plan.

b. A re-entry plan shall include:

i. A staff member familiar with the student to be assigned as the contact person/counselor, as assigned by the building administrator.

ii. The student shall be received by this contact upon returning to school.

iii. The re-entry counselor shall review the suspension, discuss how the behavior led to the suspension, and how the behavior impacts fellow students, teachers, the school community, the pride of the student’s parents and the student’s self-esteem and education.

iv. The re-entry counselor shall review the Code of Conduct with the student including next steps if the behavior continues.

v. The re-entry counselor shall outline a transition and guidance plan for reintegration into school, shall assist the student with catching up on schoolwork, and ensure the student shall not repeat the behavior.

vi. In no event shall a student be punished academically for the suspension.

D.    DOCUMENTATION/ DATA GATHERING

Each time this Code of Conduct is utilized for suspension of a student, the administrator involved shall record, at a minimum, the student's name, offense, administrator involved, SRO involved (if any), a record of the notices sent to the student/ parents, a record of the proceedings with each level of administration, and a record of the suspension imposed, if any. The reporting requirements of NH Ed. Rules 317.05 must be followed for any act of theft, destruction, or violence in accordance with RSA 193-D:4. See Section II, E above.

E.    SPECIAL EDUCATION CONSIDERATIONS

Disciplinary responses for students with educational disabilities shall occur in accordance with all federal and state laws, district policies and regulations and the New Hampshire Rules for the Education of Children with Disabilities. If a student with an educational disability has a cumulative total of suspensions in excess of ten (10) days in a school year, the principal/designee shall ensure that an Individualized Education Program (IEP) meeting is convened prior to the commencement of the 11th day or further suspension. The IEP Team is to complete a functional behavior assessment and a positive behavior intervention plan and determine if the behavior is or is not a manifestation of the student’s disability.

When a student with an educational disability is recommended for a long-term suspension, the student and the student’s parent or guardian shall receive the same notice as students without disabilities. This written notice shall also advise the student and the student’s parent or guardian of their rights under the Individuals with Disabilities Education Act (IDEA), including notice that a long-term suspension is a change of placement which they may disagree with and, if applicable, invoke the “stay-put” provision of IDEA.

The student’s IEP Team shall meet prior to the imposition of a long-term suspension to conduct a manifestation determination review to determine the relationship between the student’s disability and the behavior subject to the disciplinary action. The IEP team shall determine whether the conduct causing the disciplinary action was a manifestation of the student’s educational disability. A manifestation of the student’s disability occurs when the conduct in question was caused by the student’s disability or, whether the conduct in question had a direct and substantial relationship to the student’s disability or, if the conduct in question was the direct result of the school’s failure to implement the student’s IEP.

If the IEP Team determines that the student’s conduct was not a manifestation of the student’s educational disability, the disciplinary action shall proceed with the student’s IEP being implemented during the period of suspension. If the IEP Team determines that the student’s conduct was a manifestation of the student’s educational disability, the long-term suspension shall not be imposed without educational programming to appropriately implement the student’s IEP.

The student’s IEP Team shall also conduct a functional behavior assessment and develop and implement a positive behavior intervention plan within ten (10) business days of the eleventh (11th) day of suspension or after causing a removal constituting a change in placement. If a behavioral intervention plan already exists, the IEP Team must review and, if appropriate, modify that existing plan.

Students with Section 504 Plans shall also have disciplinary action in excess of ten (10) days be in accordance with all federal and state laws. If a student with a disability and a Section 504 plan is recommended for a long-term suspension a manifestation meeting shall be convened. If the Section 504 Team determines that the student’s conduct was not a manifestation of the student’s disability, the disciplinary action shall proceed. If the Section 504 Team determines that the student’s conduct was a manifestation of the student’s disability, the long-term suspension shall not be imposed without an appropriate plan and placement put into place.

V.             EXPULSION HEARING PROCESS

RSA 193:13

 II. Any pupil may be expelled from school by the local school board or board of trustees for an act that poses an ongoing threat to the safety of students or school personnel and that constitutes:

(a) A repeated act under subparagraph I(b);

(b) Any act of physical or sexual assault that would be a felony if committed by an adult;

(c) Any act of violence pursuant to RSA 651:5, XIII; or

(d) Criminal threatening pursuant to RSA 631:4, II(a).

III. A pupil who has been expelled shall not attend school until reinstated by the local board or chartered public school board of trustees.

III-a. Before expelling a pupil under this section the local school board or chartered public school board of trustees shall consider each of the following factors:

(a) The pupil’s age.

(b) The pupil’s disciplinary history.

(c) Whether the pupil is a student with a disability.

(d) The seriousness of the violation or behavior committed by the pupil.

(e) Whether the school district or chartered public school has implemented positive behavioral interventions under paragraph V.

(f) Whether a lesser intervention would properly address the violation or behavior committed by the pupil.

III-b. Any expulsion shall be subject to review by the pupil’s school board of attendance or the board of trustees of the chartered public school’s board that issued the expulsion if requested prior to the start of each school year and further, any parent or guardian has the right to appeal any such expulsion by the local board or board of trustees to the state board of education at any time while the expulsion remains in effect. All appeals of final action by the state board of education shall be in accordance with RSA 541.

III-c. Any expulsion shall be valid throughout the school districts of the state. However, upon application by the pupil, any school district or chartered public school may choose to admit an expelled pupil at the school district or chartered public school’s sole discretion. The decision by a chartered public school or superintendent to accept a pupil under this paragraph shall not be binding upon any other school district or chartered public school until the pupil is reinstated by the pupil’s local school board or chartered public school board of trustees.

VI. A pupil expelled from school in another state under the provisions of the Gun-Free Schools Act of 1994 shall not be eligible to enroll in a school district in New Hampshire for the period of such expulsion. If the out-of-state expulsion is for an indefinite period of time, such pupil or the pupil’s parent or guardian shall have the right to petition the pupil’s local school board for enrollment upon establishing residency. If the pupil is denied enrollment, the pupil’s expulsion shall be subject to review pursuant to paragraph III-b.

VII. The local school board or chartered public school shall adopt a policy which allows the superintendent or charter public school director to modify the expulsion and enrollment requirements under paragraphs IV and VI on a case by case basis.

VIII. For purposes of paragraphs I, II, III, and IV school board may be either the school board or a subcommittee of the board duly authorized by the school board.

a.     Minimum Requirements

The Board of School Committee may expel a student, following a hearing, for conduct outlined in Level 5, above, that BOTH poses an ongoing threat to the safety of students or personnel, AND that constitutes:

1. A repeated act that would justify a long-term suspension; or

2. An act of physical/ sexual assault that would be a felony if committed by an adult; or

3. An act of violence; or

4. Criminal Threatening.

A student may not be expelled unless the alleged conduct poses an ongoing threat to the safety of the students or personnel of the Manchester School District. A repeated rule violation that does not threaten the safety of others cannot be the basis for an expulsion.

b.     SPECIAL CONSIDERATIONS FOR FIREARMS

Any student who brings a firearm to school shall be expelled for a period of twelve (12) months following a hearing by the Board of School Committee and in accordance with the same due process procedures set forth in Section IV, b below.  An allegation that a student brought a firearm into a school building, onto school property, or in attendance at any school-sponsored event or activity requires a factual determination regarding the veracity of the allegation prior to imposing the mandatory 12 month expulsion.

Similar to expulsion on other grounds, the school district may provide educational services to a student who was expelled, but is not obligated to do so unless the student is identified as a special education student. The district may also choose to place the student in an alternative educational setting to receive such services, but such alternative education program is not required.

RSA 193:13

IV. Any pupil who brings or possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee shall be expelled from school by the local school board for a period of not less than 12 months. Nothing in this section shall be construed to prevent the local school district or chartered public school that expelled the student from providing educational services to such student in an alternative setting.

VI. A pupil expelled from school in another state under the provisions of the Gun-Free Schools Act of 1994 shall not be eligible to enroll in a school district in New Hampshire for the period of such expulsion. If the out-of-state expulsion is for an indefinite period of time, such pupil or the pupil’s parent or guardian shall have the right to petition the pupil’s local school board for enrollment upon establishing residency. If the pupil is denied enrollment, the pupil’s expulsion shall be subject to review pursuant to paragraph III-b.

VII. The local school board or chartered public school shall adopt a policy which allows the superintendent or charter public school director to modify the expulsion and enrollment requirements under paragraphs IV and VI on a case by case basis.

c.     Due Process Procedures (for all pending cases recommending expulsion)

 A expulsion for alleged conduct that meets the above criteria requires the following due process procedures prior to being imposed:

1. A formal expulsion hearing must be held at the Board of School Committee;

2. Written notice must be provided to the student and their parent or guardian a minimum of 5 days prior to the hearing. Such notice must include a statement of the alleged conduct, an explanation of the anticipated evidence to support the allegation, and a recommendation from the Superintendent for the Board’s action, including an explanation of how the Superintendent reached that recommendation.

3. The student and their parent/ guardian may decide to waive the right to a hearing and admit to the charges by the Superintendent. The student and their parent/ guardian may also decide whether the hearing will be public or private.

4. A student who is 18 years of age or older may waive their right to have a parent or guardian present, unless the student is subject to guardianship.

5. A formal hearing shall be conducted by the Board, which includes a presentation of the evidence by the Superintendent or administration. Formal rules of evidence do not apply; however, the administration shall present evidence in support of the alleged conduct.  The hearing shall also include an opportunity for the student to defend against the allegations. The student shall have the right to examine any witnesses if presented by the administration, and to address any documentary evidence or other physical evidence submitted for consideration. The student shall also have the right to present evidence in their own defense.

6. The decision of the Board shall be based on a dispassionate and fair consideration of substantial evidence that the accused student committed the act for which the expulsion is to be imposed and that such acts are, in fact, a proper reason for expulsion.

7. In determining whether to expel a student, the Board must consider the the student’s: (1) age; (2) disciplinary history; (3) disability (if any); (4) seriousness of the violation or behavior; (5) whether the school implemented positive behavior interventions; (6) whether a lesser intervention would properly address the behavior.

8. The Board will issue a written decision that explains the factual and legal basis underlying the Board’s decision whether to expel the student from school. The notice shall also include a statement on the duration of the expulsion. The student shall also be notified of their right to petition for reinstatement at the start of each school year, the process to petition for reinstatement at the start of the school year or the end of the period of expulsion, and shall be notified of their right to appeal the decision to the New Hampshire Board of Education.

d.     Next Steps: Reinstatement and Appeals Process

 Any student who has been expelled may petition the Board of School Committee to be reinstated prior to the start of each new school year. In addition, the student, or parent/ guardian of the student may appeal any expulsion imposed by the Board to the State Board of Education at any time during the period of expulsion, while the expulsion remains in effect. These procedures do not limit the ability of the superintendent to reinstate a suspended or expelled student.

Upon receipt of a petition by the student or their parent/ guardian, the Board may admit a student who was expelled from another district or chartered public school at their discretion

e.     Educational Assignments

 The district may, but is not required to, provide education assignments to a student who is expelled. If the student is identified as a special education student, then the district may have an obligation to provide such alternative education services in accordance with that student’s plan.

f.      Documentation and Data Gathering

 Each time this Code of Conduct is utilized, the administrator involved shall record, at a minimum, the student's name, offense, administrator involved, SRO involved (if any), a record of the notices sent to the student/ parents, a record of the proceedings with each level of administration, and a record of the expulsion imposed, if any, with a copy of the notice to parents from the Board of the legal and factual basis for the expulsion, if any. The reporting requirements of NH Ed. Rules 317.05 must be followed for any act of theft, destruction, or violence in accordance with RSA 193-D:4. See Section II, E above.

g.     Special Education Considerations

 If a student with an educational disability is recommended for expulsion, the student and the student’s parent or guardian shall be provided the same notice as students without disabilities. This written notice shall also advise the student and the student’s parent or guardian of their rights under the Individuals with Disabilities Education Act (IDEA) including their right to disagree with any change in placement and to appeal decisions of the student’s IEP Team.

 A student with an educational disability may only be recommended for expulsion after it has been determined that the behavior giving rise to the request for expulsion is not a manifestation of the student’s disability. The IEP Team shall convene a meeting to make a determination of an appropriate forty-five (45) day interim alternative education placement to ensure that the student’s IEP is implemented pending the expulsion hearing and decision by the Board of School Committee. Should the student with a disability be expelled by the Board of School Committee, the IEP Team must again be convened to propose and offer an alternative long-term placement where the student’s IEP can be implemented.

When the conduct of a student with an educational disability does not involve drugs or weapons, but the school determines that the student presents a potential danger to himself/herself or to others in his/her current placement, the school may request a forty-five (45) day interim alternative educational placement. No change of placement shall occur without the consent of the parent or guardian after the convening of the IEP Team or until the school obtains an order from a Hearings Officer granting permission for such placement.

VI.           Compliance with State and Federal Law

X. The provisions of this section shall be construed in a manner consistent with RSA 186-C.

 At all times the behavioral intervention must comply with State and Federal law, the Individuals with Disabilities Education Act (IDEA), Family Educational Rights and Privacy Act (FERPA) and Section 504.  When any behavioral action is taken with a student, whether it is the implementation of a positive behavioral action, graduated sanction, suspension, expulsion, or other consequential action, the District must consider whether the student has a disability. The specific obligations for the District for students with identified disabilities are outlined in Sections III, e and IV, g, above.  If the child’s behavior indicates that a disability may exist, but the district was not previously aware of this disability, then the District should engage in appropriate evaluations to determine if the child has a disability and whether the child requires additional special education services.

Approved by the Board of School Committee on 08/14/23