RIGHT OF APPEAL FOR EXPULSIONS
Parents and students will have the right to appeal a decision for suspension or expulsion from the discipline committee. A legal guardian or a student can request an appeal by submitting a formal letter of appeal to the Encore Education Corporation Board. This formal letter must be received by the Board within seven business days of the formal decision.
This formal letter must be mailed to:
Encore Education Corporation
16955 Lemon Street #A
Hesperia, CA 92345
Upon receipt of the appeal, the board will have ten (10) business days to review the case and give their recommendations regarding the specific suspension or expulsion. The school board can choose to meet with the student and their legal guardian during closed session to determine final outcome of an expulsion, although not required. The administration of Encore will be required to uphold the final recommendation by the Encore Education Corporation Board.
The suspension and expulsion policy will be reviewed annually and when necessary, modified.
- Any student cannot enter late. If they are late, they do not get credit for attending traffic school.
- All electronic devices must be turned off and put away. They may not be on the desks or in laps.
- Students must have paper and a writing instrument and must follow along with the training.
- Students may not talk, sleep, make noise, turn backwards in seats, or put their heads down.
- Training lasts one hour.
- If a student does not follow any of these rules, they will be ejected from traffic school immediately and will have additional consequences.
- As a bully
- As a social media troll
- As a gossip
- As a social behavior mistake
- Causing drama that made people feel bad
The purpose of the traffic school:
- To teach what acceptable behavior is within the scope of Encore.
- Go over types of unacceptable behavior.
- Strategies on how to improve social behavior so a student can avoid getting into trouble.
Minor behavior, minor office, tardies, office tardies can be combined in a demerit system. For every three of one type of infraction, or any total of five demerits, a Saturday school will be scheduled.
A demerit is a way for a student to be reprimanded for breaking the rules. Demerits are cumulative. This means that if a student breaks a rule in their science class, during nutrition, and then during lunch – those three demerits will add up toward a Saturday school. Any staff member can give a demerit. A demerit is a two part document. The first part goes to the student so they know they have received a demerit. The second part goes to the discipline office where they are logged. Once a student receives five demerits, they will receive a Saturday school. Demerits are cumulative for the school year.
Encore High School is zero tolerance, so any behavior that is unsatisfactory or dangerous will lead to immediate consequences. ALL CRIMINAL BEHAVIOR WILL IMMEDIATELY BE FORWARDED TO THE LOCAL AUTHORITIES AND PROSECUTED IF NECESSARY.
Students recommended for expulsion are entitled to a hearing to determine whether they should be expelled or not. This hearing must be held within thirty (30) days after the administration determines that an act warranting expulsion has occurred. If all parties agree to the expulsion, the hearing can be waived.
- Written notice of the hearing will be sent to the student’s parent or guardian at least ten (10) calendar days prior to the date of the hearing.
- The notice will include
- date, time, and place of the hearing
- statement specifying the fact, charges, offenses upon which the proposed expulsion is based
- copy of the school’s disciplinary rules as it relates to the alleged violation
- statement that the student and parent / guardian may appear in person at the hearing
In the event of an expulsion, Encore will work with the district of residence, county, and / or private school to assist with academic placement of the expelled student. Incidents of violent and / or serious student misconduct will be communicated to the district / school that the student enrolls in.
When a student is expelled, written notice of the expulsion will be sent by administration to the student’s legal guardian. This notice will include:
- Specific reason for expulsion
- Notice of the student and / or legal guardian obligation to inform any new school in which the student seeks to enroll about their status with Encore.
- Encore will notify the school where transcripts are requested of the expulsion
These offenses will require an investigation, incident report, and interviews will take place before any action is taken. Major offenses include:
- Ditching (on or off campus)
- Bullying (threatening, extorting and language of aggressive nature)
- Throwing hazardous objects (rocks, pencils, etc.) or any other activity that poses an extreme safety hazard
- Deceitful behavior (false accusations, forgery, lying, cheating, plagiarism, etc.)
- Unauthorized distribution, selling, or buying of materials or information without prior administration approval
First Offense – 1 day off campus suspension
Second Offense – 2 days off campus suspension
Third Offense – 3 days off campus suspension / Behavior Contract
These offenses will require the student to fill out an incident report in the front office.
- Obscene language, materials, gestures or behavior, racial remarks or comments
- Defiance or disrespectful behavior
- Excessive horseplay
- Disrupting the classroom
- Misbehavior for substitute teacher
- Unauthorized selling inventory (inventory will be confiscated)
- Causing drama that disrupts school activities
First Offense – Saturday School
Second Offense – 1 day on/off campus suspension
Third Offense – 1 day off campus suspension / behavior contract
MINOR BEHAVIOR OFFENSES
A minor behavior offense is something that happens within the classroom that is a nuisance only in the classroom, but not a disruption that interrupts the educational process. Examples of these minor behavior offenses include:
- Breaking classroom rules
- Use of or bringing personal items from home (toys, roller blades, skateboards, laser pointers)
- Having food, drinks, candy, etc. in the classroom
- Chewing gum
- Minor disrespect
- Throwing objects, littering (objects that do not pose a safety hazard)
- Running in the hallways, classrooms
- Failing to return contracts
For these offenses, teachers will handle the discipline within the classroom. Teachers will give demerits to the student for each offense. When a student acquires five demerits, they will receive a Saturday school.
MINOR OFFICE OFFENSES
Since Encore has a strict discipline policy, some offenses that would be considered minor at other schools will still be referred to the discipline office. The following offenses are “cite and release offenses” that should not require a lot of time at the front office, but need to be documented so behaviors can be determined.
- Dress Code
- No ID Card
- Public Display of Affection (PDA)
- Creating and / or engaging in “drama” with other students
First offense – written warning to be signed by parent and returned to discipline office
Second offense – written warning to be signed by parent and returned to discipline office
Third offense – Saturday School
Sixth offense – Saturday School, Behavior Contract
A PUPIL CAN BE EXPELLED OR SUSPENDED IF:
51.1 Attempted to cause or threatened to cause physical injury to another person
51.2 Willfully used force or violence upon another person, except in self defense
51.3 Possessed, sold, or otherwise furnished any firearm, knife, explosive or other dangerous object, unless, in the case of possession of any object of this type that the student had obtained written permission to possess the object from the administration.
51.4 Unlawfully possessed, used, sold or otherwise furnished or been under the influence of any controlled substance, alcoholic beverage, or intoxicant of any kind
51.5 Unlawfully offered, arranged, or negotiated to sell any controlled substance
51.6 Committed or attempted to commit robbery or extortion
51.7 Attempted to cause damage to school or private property
51.8 Stole or attempted to steal school or private property
51.9 Possessed or used tobacco, or any product containing Nicotine including but not limited to cigarettes, cigars, e-cigarettes, clove cigarettes, smokeless tobacco snuff, chew packets, betel
51.10 Committed an obscene act or engaged in habitual profanity or vulgarity
51.11 Had unlawful possession of, or willfully offered or arranged for the sale of any drug paraphernalia
51.12 Disrupted school activities or otherwise willfully defied the authority of supervisors, teachers, administrators, school officials, or staff
51.13 Knowingly received stolen school or private property
51.14 Possessed an imitation firearm (like a replica) that would lead a reasonable person to believe the replica is a firearm
51.15 Committed or attempted to commit sexual assault
51.16 Committed sexual battery
51.17 Harassed, threatened, or intimidated a student who is a complaining witness or witnesses in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both
51.18 Unlawfully offered, arranged to sell, negotiated to sell prescription drugs
51.19 Engaged n or attempted to engage in hazing
51.20 Aids or abets the infliction or attempted infliction of physical injury to another person
51.21 Caused, threatened to cause, or participated in an act of hate violence
51.22 Made terrorist threats against school officials or school property, or both
51.23 Sale of any goods for private or fundraising purposed without express written consent from the school administration
51.24 Destruction of school property
51.25 Gang related activity
In the event that any of these offenses lead a student to suspension or expulsion, the administration of Encore will notify the parents as soon as possible of the infraction and will arrange a parent / student conference with administration to discuss the infraction and consequences of the act.
If a student receives more than a total of fifteen (15) days of suspension within a single school year, they can be placed for a dismissal hearing from the school.
Encore will collect and produce data regarding the suspension and expulsion of special education students as required by the Modified Consent Decree. Encore will adhere to all provisions of the individuals with disabilities education act (IDEA) and its amendments
The decision to admit a previously expelled pupil from another school district or charter school shall be in the sole discretion of the Encore District Office. The student, guardian or representative, and District Office must determine whether the student has successfully completed the rehabilitation plan and whether there is a threat of harm or disruption posed to others on campus. The student’s admission is also contingent on the capacity of Encore at the time the student seeks readmission or admission. All previously expelled students will be required to complete all admissions requirements including but not limited to lottery, new auditions and workshops.
SEVERE BEHAVIOR OFFENSES
These offenses will require an investigation, incident reports, and interviews before any discipline takes place. Students will be placed on independent study until the discipline hearing can take place. Severe offenses include:
- Fighting / battery, regardless of who started the fight (employing hostile contact in which at least on party or both individuals have contributed to a situation by verbal action and/or bodily harm or intent of harm)
- Assault (or conspiracy for assault)
- False alarms, unauthorized calls; dialing 911 from any phone
- Bomb threats; terrorist threats
- Gang related activities
- Possession, use, being under the influence, sale or distribution of a controlled substance (this includes look alike items, tobacco, and any version of e-cigarettes)
- Weapon possession (this includes but is not limited to knife, pocket knife, chain, gun, etc.)
This is not an all-inclusive list, however, the offenses listed here will result in an expulsion hearing.
ON CAMPUS SUSPENSION
Students that have been placed on “on campus suspension” will be required to serve their disciplinary time in an assigned area. The suspension is served at school. Absence from “on campus suspension” will result in additional disciplinary action. A student cannot be absent for their “on campus suspension” date.
Written notice of on campus suspension is made and given to the student. The student must have the notice of suspension signed by a parent or guardian before they can serve this suspension. Students will retrieve work from their teachers and work independently in the office for the entire school day. Campus Aides will release the student to retrieve lunch and bring it back to the assigned area. Students in “on campus suspension” are not allowed to speak, roam, or leave the area. If they are found breaking the rules, they will be forced to add an additional day to “on campus suspension.”
No more than five (5) days of an on campus suspension can be given to a student in a row. If action requires different discipline, off campus suspension and / or expulsion process will ensue. If five (5) days of on campus suspension are given to a student during the school year, they will be placed on a behavior contract.
AT HOME SUSPENSION
- Behavioral Intervention
- When a student violates policies that are described in the school discipline policy as major, severe, or other offense that is described as grounds for suspension or expulsion, a conference will be held between administrative staff, the student, and the parents / guardians.
- The student will be informed of the reason for the disciplinary action and the evidence against the student.
- At this time, the student will be given the opportunity to present their version and evidence in their defense.
- A behavior contract will be developed and signed by all parties present in which the student pledges to complete specfiied tasks and/or uphold specified codes.
- If this contract is broken by the student, another conference will be scheduled from which dismissal is a possible outcome.
- Informal Conference –
- For an off campus suspension, an informal conference will take place by the administrative staff with the student and the parent / guardian. The student will be informed of the reason for the disciplinary action and the evidence again them. At this time, the student will be given the opportunity to present their version and evidence in their defense. This conference may be omitted from due process if administration determines that an emergency situation exists. An “emergency situation” involves a clear and present danger to lives, safety, or health of students or school personnel. If a student is suspended without conference, the parent / guardian will be notified of the suspension and a conference will be scheduled as soon as possible.
- Notice to Parent / Guardians
- At the time of suspension, an employee of Encore will make a reasonable effort to contact the parent / guardian by telephone or in person, to be followed up with written notice. This notice will state the specific offense committed by the student. In addition, the notice will state the date the student may return to school. If the school officials wish to ask the parent / guardian to call regarding matters of the suspension, the notice will require the parent / guardian to respond to this request within three days following that violation.
- Length of Suspension
- Students cannot exceed five (5) consecutive days of off campus suspension without first scheduling a second conference between administration and guardians to discuss the progress of the suspension. Arrangements will be made to provide the student with supplied curriculum packets to be completed at home during the length of the suspension.
TARDY SCHOOL LUNCH DETENTION
- Beginning April 1, 2018 Encore will be discontinuing Saturday School for tardies.
- We will be replacing Saturday School for tardies with lunch detention for tardies.
- There is a PowerPoint presentation that should be shown to the students that are a part of tardy school lunch detention.
- Academic teachers will rotate who is in charge of tardy school.
- Tardy school will take place every school day.
- When a student arrives late to school, the attendance clerk will have them sign in.
- As the student signs in, they will be given a tardy school detention slip for the same day.
- Once the morning tardies have been logged, a copy of the sign in sheet will be sent to the tardy school teacher for the day.
- The tardy school teacher will be in their classroom by 11:05 to let the students in for tardy school at 11:10
- At 11:10 students will take out their papers to write down the headings from the Powerpoint presentation and will turn them in at the conclusion of the tardy school detention.
- The tardy school teacher will start the presentation by 11:15 am.
- As soon as the presentation is complete, the tardy school teacher will collect the papers and dismiss the kids.
- When students are late to class (UNEXCUSED ONLY) not at the beginning of the school day, teachers should take a late sign in sheet and send that to the Dean of Students.
- The late sign in sheets for UNEXCUSED TARDIES ONLY will be taken and a lunch tardy school detention will be assigned to that student for later in the week.
- Tardy school usually lasts about 15 minutes.