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Suspension Appeal Guide
Students in the Marysville Joint Unified School District who violate school rules, district policies and/or educational codes are subject to suspension from school. All suspensions must be based on violation of the above-mentioned rules, policies and codes and each student is entitled to due process under the law. If your child has been suspended from school and you wish to appeal this suspension, the following procedures must be followed:
Step 1: Conference with the site principal. If he/she finds that there has been an error in enforcing the rules, policies, education codes or due process was not followed, the site principal has the authority to overturn or amend a suspension at the site. If the Principal upholds the suspension and you are not satisfied with the decisions, you may appeal to the Director of Student Welfare & Attendance, Zachary Pless, (530) 749-6901.
Step 2: Your appeal must be based on fact and stated in writing. Your written appeal must be presented to the site principal within 24 hours after your conference with the site principal. The reason for the appeal can only be that there was no violation of rules or the administration has made an error in due process.
Step 3: The district suspension hearing officer will read and review the written requests for suspension appeal. The hearing officer will decide whether or not to hold the suspension appeal. If a hearing is in order, the hearing officer will contact the parent and set up a meeting with the parent and the school site administrator. If after review of the request for appeal it is determined that insufficient grounds exist for the hearing, the hearing officer will notify the parent that the hearing will not be held and the student will begin to serve the suspension.
The suspended student has the right to attend school after the conference with the principal, provided that the written request for suspension appeal has been delivered to the site principal. If the parent fails to submit in writing the request for appeal within the required 24 hours, the hearing will not be held and the student will begin to serve the suspension immediately.
If procedural requirements are found not to have been met, the Director must reverse the suspension and remand the matter to the principal for correction of the procedural error.
If the Coordinator finds that all procedural requirements were met, and that the offense for which the student may be suspended was committed, the suspension cannot be reversed or altered.
The Coordinator shall render his/her decision within two (2) school days. The decision of the Director regarding any appealed suspension shall be final and binding.
Student Suspension and Expulsion / Due Process
The Governing Board of the Marysville Joint Unified School District desires to prepare students for responsible citizenship by fostering self-discipline and personal responsibility. The Board believes that high expectations for student behavior, coupled with effective classroom management and parent involvement can minimize the need for discipline.
When student misconduct occurs, staff shall attempt to identify and address the cause of the student's behavior and determine the appropriate discipline to be implemented. At all times, the safety of students and staff, and the maintenance of an orderly school environment, shall be priorities when determining appropriate discipline. Staff shall use preventative measures and positive conflict resolution techniques whenever possible, depending on the frequency and seriousness of the violation. Continually disruptive students may be assigned to alternative programs or be subject to removal from school.
Maintaining an environment which promotes learning and protects the health, safety, and welfare of all students may require the suspension or expulsion of a student from regular classroom instruction.
Students shall be suspended and/or expelled in accordance with state and federal laws Administrative Regulations, and the "Student Conduct Code."
Staff shall enforce disciplinary rules fairly, uniformly, consistently and without discrimination. The Superintendent shall provide professional development as necessary to assist staff in developing classroom management skills and implementing effective disciplinary techniques.
The Superintendent is authorized to promulgate regulations that are necessary to further the purposes of this policy. Each principal shall annually inform all students and parents/guardians of the District's discipline rules and procedures and of the availability of all district policies and regulations dealing with student suspension and expulsion.
Student Responsibilities and Expectations
Students are required by law to attend school from the age of six to eighteen. Daily school attendance is required unless the student is sick or legally excused. Students are also required to participate actively in the educational process. Students must comply with all school rules, pursue their required course of study, and submit to the authority of teachers of the school. Perhaps most importantly, students are expected to take primary responsibility for their own behavior. [Education Code 35181; Education Code 48908; Title 5, California Code of Regulations 300]
District Staff Responsibilities
To maintain and encourage acceptable standards of student behavior, District personnel should provide good examples for students in real life. District personnel shall:
- Establish an atmosphere in which productive learning can take place.
- Establish an atmosphere of mutual respect.
- Teach the District standards of behavior.
- Identify the causes of student misconduct.
- Find constructive methods of preventing and controlling such conduct.
- Consistently and fairly apply
- Communicate regularly with students and parents regarding the student's academic progress and behavior.
Parents are responsible for sending the student to school daily and ensuring that he/she arrives on time. Additional responsibilities include:
- Acknowledge/accept that the school and the Board of Education have the right and responsibility to maintain standards for all students.
- Cooperate with school staff in helping students with academic, discipline or attendance problems.
- Instill in the student an attitude that school is important.
School officials may conduct searches of pupils and their personal belongings while on school property or at school-sponsored events. Searches of pupils and personal belongings will be conducted when there are reasonable grounds to suspect that the search will provide evidence that the pupil is violating the law and/or school regulations. The scope of the search will be related to the objectives of the search, the age and sex of the pupil, and the nature of the violation. [Board Policy 5145.12 and Administrative Regulation 5145.12]
By way of example, and not limitation, "personal belongings" include: backpacks, brief cases, bags, et cetera. Searches are also conducted of school property under joint control. "School property" under joint control includes lockers and desk includes lockers and desks.
Lockers are school property under the joint control of the school and the pupil. There is no expectation of privacy. The District may search lockers, or any other school property under joint control, at any time. Searches may be random and without cause of any kind.
Automobiles parked on the school premises or in the school parking lot are subject to search when officials have reason to believe weapons, drugs, or objects prohibited by school policy or state law are contained therein.
Canines may be used to search a pupil's personal belongings and vehicles and school property under joint control. Canine searches will be used to search a pupil's person when either (1) there are reasonable to suspect a particular pupil of wrongdoing; or (2) the District determines that the school has a drug crisis or problem.