1. Lodi Unified School District
Prevention & Intervention Programs
& Discipline Incident Procedures
Board of Education Study Session
Tuesday, October 27, 2009

2. Presenters Dan Faith, Manlio Silva Elementary School Principal
Harold Brown, Mosher Elementary School Principal
Jacquelyn Hodge, Delta Sierra Middle School Vice Principal
Randy Malandro, Christa McAuliffe Middle School Principal
Daryl Camp, Bear Creek High School Principal
Erik Sandstrom, Tokay High School Principal
Bob Gire, Coordinator of Child Welfare & Attendance
Irvin Jefferson, Coordinator, Community Relations & Prevention Services

3. Prevention & Intervention Programs
Grades Pre K-12
School Resource Officers
Peace Keepers
Assets/Youth Development
Counseling/Early Intervention
Family/Community Collaboration
Prevention Assemblies/Speakers
Behavior Contracts
Red Ribbon Celebration
G.R.E.A.T. (Gang Resistance Education and Training ) Program

4. Prevention & Intervention Programs (con’t)
Grades 7-12
Great American Smokeout
Drug Dogs
Counseling Services
Grades 9-12
Every 15-Minutes
Friday Night Live
Sober Grad Night (CHP
LINK Crew/Freshman Connection
Mix It Up Day
S.P.I.R.I.T. (Student Problem Identification Resolving It Together)

5. Teacher Classroom Management Plan
Classroom Behavior
Teacher Classroom Management Plan
Conference with Student
Conference with Parent
Suspension from Class
Referral to School Counselor (If available)
Detention
Referral to Administration

6. Behavior Outside the Classroom K-12 Student Conduct Code

7. Commonly Used Administrative Actions
Conference with Student
Conference with Parent
Referral to School Counselor (if available)
Recommend Outside of School Counseling
Referral to Community Agency
In School Suspension (If available)
Work Program at School
Community Service
Behavior Contract

8. Truancy Mediation Process/SARB (School Attendance Review Board)
Commonly Used Administrative Actions (con’t)
Truancy Mediation Process/SARB (School Attendance Review Board)
Instructional Support Team /Individual Educational Program
Suspension from School
Notify Probation Officer
Notify Law Enforcement
Transfer to an Alternative Educational Program
Expulsion Recommendation

9. Expulsion Process

10. K-12 Student Conduct Code
Expulsion Infraction
Violation of Education Code to
Board Policy / Rule
K-12 Student Conduct Code

11. School Administrator 5 Day Suspension Law Enforcement Notified
Recommendation for Expulsion

12. Superintendent’s Designee
Parent/Student Provided Educational Options Pending the Final Decision
Parent/Student Have a Right to Respond to the Charges
Suspension May be Extended if There is a Finding that the Student presents a Danger to Persons or Property or a Threat to Disrupt the Instructional Process

13. Expulsion Hearing

14. Parents Have a Right To:
Be Notified of the Date, Time and Location of the Hearing
The Specific Facts and Charges Upon Which the Expulsion is Based
A Copy of the Disciplinary Rules of the District
Appear in Person or Employ and Be Represented by Legal Counsel or An Adult Non-Attorney Advisor
Inspect and Obtain Copies of All Documents to be Used at the Hearing
Question All Witnesses Who Testify at the Hearing
Question All Other Evidence Presented at the Hearing

15. Parents Have a Right To: (con’t)
Present Oral and Documentary Evidence, Including Witnesses at the Hearing
Request a Public Hearing
Request a Postponement of the Hearing Up to 30 Days
Inform Any New District of a Student’s Expelled Status (required)
Know that the Purpose of the Hearing is Fact Finding and to obtain a Recommendation from the Lodi Discipline Review Board

16. Board of Education

17. Current District Practice
Parents/student are informed that they may appeal an expulsion
recommendation in closed session before the Board of Education.
Board Rule
Parents/student may only appear before the Board of Education to
request a supplementary hearing. A supplementary hearing will be
held only if the Board of Education finds that:
The evidence suggested by the parents/student could not reasonably have been discovered prior to the expulsion hearing, and
A supplementary hearing should be held before the Discipline Review Board to admit such evidence.

18. Pros of Allowing Parents/Student to Appeal
Education Code 48918
Parents/student have the right to appeal a principal’s recommendation for expulsion at the hearing before the Discipline Review Board.
The Education Code does not give parents/student the right to appeal an expulsion recommendation in closed session before the Board of Education.
Pros of Allowing Parents/Student to Appeal
Directly to the Board of Education
Although not required by the Education Code, allowing parents/student to appeal an expulsion recommendation in closed session before the Board of Education provides parents/student an additional opportunity to appeal and for members of the Board to be able to ask questions of the parents/student.

19. Cons of Allowing Parents/Student to Appeal
Directly to the Board of Education
Due process for students pursuant to the California Education Code authorizes the Board of Education to delegate its authority to an administrative panel (Discipline Review Board) to hold a hearing, impartially review all evidence presented by the school, parents, students and then determine findings of fact and whether or not expulsion is warranted.
Due process as described in the California Education Code and also stated in Board Rule does not give parents/student the right to appeal an expulsion recommendation in closed session before the Board of Education.
Allowing parents/student to appeal in closed session before the Board of Education with school representatives present actually creates a “new” hearing with potential due process concerns.

20. Board of Education Deliberates in Closed Session and then in Public Session Votes to Expel or Not to Expel

21. San Joaquin County School Board

22. Parent May Appeal to the County Board Within 30 Days of the Order to Expel

23. Recommendations
Continue to promote a safe, supportive learning environment for all students through the implementation of the District’s Prevention and Intervention Programs and Discipline Incident Procedures
Adhere to the guidelines outlined in Education Code and Board Rule as they pertain to parent appeals

24. Questions & Discussion