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It is essential for schools to maintain a safe and orderly environment which supports student learning and achievement. All students are expected to conduct themselves with respect for others and in accordance with School Board policies, school rules, and applicable state and federal laws. Disciplinary action may be taken against students who violate policies, rules, or laws, and/or whose conduct directly interferes with the operations, discipline, or general welfare of the school.

Student rights and responsibilities shall be published in the Parent-Student Handbook. Student disciplinary procedures will be implemented pursuant the Manchester Student Code of Conduct. The Parent-Student Handbook is a collection of rules and procedures for students and parents to follow that pertain to the student’s daily activities at the school which includes the Code of Conduct. The Parent- Student Handbook will be made available to parents and students on an annual basis. Parents and students shall sign a notification form indicating that they have read and understand their rights and responsibilities. A student who has reached the age of majority shall be required to sign the notification form. The Parent-Student Handbook will be made available in another language or presented orally upon request.

Disciplinary consequences will range from a verbal warning for minor misconduct up to and including suspension or expulsion for the most serious offenses. Graduated sanctions shall be employed when appropriate, and suspension and expulsion should be used only when other remedies have been unsuccessful, unless otherwise required under law or this policy. The Manchester School District will follow the procedures set forth by state and federal law, specifically RSA 193:13 and Ed 317, in the discipline of students. All discipline must be administered equitably pursuant to the Manchester School District Code of Conduct. The Manchester Board of School Committee does not review appeals of student disciplinary decisions unless a right to appeal is explicitly conferred by policy or by law.

Although District staff shall strive to manage student behavior with the student discipline process outlined herein and in accordance with RSA 193:13, behavior that also violates the law may be referred to law enforcement authorities when appropriate, in accordance with RSA 193-D:4 and N.H. Ed. Rules 317.05.The Board further recognizes the right of each school to establish disciplinary procedures in accordance with the school board policies, RSA 193:13 and RSA 193-D through the development of administrative procedures which are approved by the Superintendent or his/her designee. Due process shall be afforded to any student involved in a proceeding which may result in suspension, exclusion, or expulsion. Students expelled from school may be reinstated by the Board under the provisions of RSA 193:13.

Graduated Sanctions

Prior to pursuing a suspension or expulsion under this policy, school personnel shall take measures to implement graduated sanctions. Such actions shall be age appropriate and based on the circumstances of each individual student. Such sanctions include, but are not limited to, verbal warnings, parent conferences, counseling, peer mediation, anger management instruction, parent counseling and training, community service, changing class schedules, or may include more substantial actions such as restricting a student from extracurricular activities, temporarily removing a student from a classroom, providing a teacher detention, assigning an after-school or Saturday morning detention, or trying in-school suspension prior to removing a student to the out-of-school suspension status. These graduated sanctions and others may be employed, when appropriate, in accordance with the Manchester School District’s Code of Conduct. Due to the serious nature of implementing a suspension or expulsion as a disciplinary action, the Board has set forth important due process considerations below.

Short-Term Out-of-School Suspension

The building Principal or representative designated in writing by the Superintendent is authorized to suspend a student for a specific period of time, not to exceed ten (10) consecutive school days. A suspension may be imposed for:

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

Repeated and willful disregard of the reasonable rules of the school that is not remediated through imposition of the district's graduated sanctions.

During such suspensions, unless otherwise stipulated in writing, a suspended student is not permitted to attend school classes or activities, school sponsored events, or be on school property for the duration of the suspension.

A student who is subject to a short-term suspension (ten school days or fewer) is entitled to the following due process:

1. The student and their parent/ guardian (for a student under age 18) will meet with the building principal or assistant principal to discuss the charges and the evidence against the student. The principal or assistant principal will inform the student of the possibility of a short-term suspension.

2. The student and their parent/guardian will be given an opportunity to present his or her side of the story at this meeting.

3. The student and at least one of the student’s parents/guardians will receive a written statement explaining any disciplinary action taken against the student.

Depending on the severity of the student’s conduct, the building Principal or designee may also refer or recommend the student to the Superintendent or to the School Board for further disciplinary consequences.

Long-Term Out-of-School Suspension

The School Board, or the Superintendent and Assistant Superintendents, as the School Board’s designee, may extend a student’s suspension for up to an additional ten (10) consecutive school days. A long-term out- of-school suspension may be imposed for:

An act of theft, destruction, or violence as defined in RSA 193-D;

Bullying pursuant to school district policy [See BOSC Policy Students 118: Violence Prevention and Bullying] when the student 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.

During such suspensions, unless otherwise stipulated in writing, a suspended student is not permitted to attend school classes or activities, school sponsored events, or be on school property for the duration of the suspension. A student who is subject to a long-term suspension is entitled to the following due process:

1. Upon recommendation of a long-term suspension and prior to a hearing, there shall be a written communication to the student and at least one of the student’s parents or guardians, delivered in person or by mail to the student’s last known address, which states the charges and an explanation of the evidence against the student.

2. A hearing that meets the requirements of Ed 317.04(f)(3)(g), as follows:

A. The school officials shall present evidence in support of the charges and the student (or the student’s parent/guardian) shall have an opportunity to present any defense or reply.

B. During the hearing, the student, parent/guardian shall have the right to examine any witnesses presented by school officials.

C. The hearing shall be either public or private and the choice shall be that of the student or the parent/guardian. Provided, nevertheless, that if the nature of the evidence will violate the privacy of other students or if the Superintendent or School Board determines that substantial harm to the pupil could result from an ill-conceived decision to hold the hearing in public, then the Board reserves the right and obligation to insist upon a private hearing.

D. The student may, together with a parent/guardian, waive the right to a hearing and admit to the charges.

E. The student is entitled to a written decision which includes the legal and factual basis for the conclusion that the student should be suspended.

F. The written decision shall include notice to the student and the student’s parent/guardian that the decision may be appealed, as outlined below. The long term suspension shall remain in effect while an appeal is pending unless the Board stays the suspension.

For a long term suspension issued by Superintendent, the decision must be appealed in writing to the Manchester Board of School Committee within ten days after the issuance of the decision. The School Board will hold a hearing on the appeal but has the discretion to hear evidence or to rely upon the hearing conducted by the Superintendent. For a long term suspension issued by the Board of School Committee, the decision must be appealed to the New Hampshire State Board of Education within 20 days after receipt of the decision.

Depending on the severity of the student’s conduct, the Superintendent may also refer or recommend the student to the School Board for further disciplinary consequences.

Expulsion

The School Board may expel a student, which permanently denies a student’s attendance at school. An expulsion may be imposed for an act that poses an ongoing threat to the safety of students or school personnel and that constitutes:

• A repeated act that would permit a long term suspension;

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

• Any act of violence that constitutes a “violent crime” pursuant to RSA 651:5, XIII; or

• Criminal threatening that constitutes a class B felony pursuant to RSA 631:4, II(a).

During an expulsion, unless otherwise stipulated in writing, a student is not permitted to attend school classes or activities, school sponsored events, or occasion school property. A student who is subject to expulsion is entitled to the following due process:

1. Upon recommendation of an expulsion and prior to any hearing, there shall be a written notice to the student and at least one of the student’s parents or guardians, delivered in person or by mail to the student’s last known address, which states the date, time, and place for a hearing before the School Board. The student shall be informed that they are welcome to bring an advocate who may be an attorney or other representative to the hearing. The notice shall be delivered to the student and at least one of the student’s parents/guardians at least five calendar days prior to the hearing.

2. The School Board shall conduct the hearing in accordance with New Hampshire Administrative Rule Ed 317.04(f)(3)(g).

   1. The school officials shall present evidence in support of the charges and the student (or the student’s parent/guardian) shall have an opportunity to present any defense or reply.

   2. During the hearing, the student, or the parent/guardian shall have the right to examine any witnesses presented by school officials.

   3. The hearing shall be either public or private and the choice shall be that of the student or the parent/guardian. Provided, nevertheless, that if the nature of the evidence will violate the privacy of other students or if the Board determines that substantial harm to the pupil could result from an ill-conceived decision to hold the hearing in public, then the Board reserves the right and obligation to insist upon a private hearing.

   4. The student may, together with a parent/guardian, waive the right to a hearing and admit to the charges.

3. Before expelling a pupil under this section the local school board of trustees shall consider each of the following factors:

   1. The student’s age;

   2. The student's disciplinary history;

   3. Whether the student has a disability;

   4. The seriousness of the violation or behavior committed by the student;

   5. Whether the school district has implemented prior positive behavioral interventions;

   6. Whether a lesser intervention would properly address the violation or behavior committed by the student. 

4. The School Board shall issue a written decision stating whether the student is expelled and, if so, the length of the expulsion. If the decision is to expel, the decision must include the legal and factual basis for the decision including the specific statutory reference prohibiting the act for which the student is expelled.

5. The expulsion shall run until the School Board reviews it and restores the student’s permission to attend school. The written decision shall state any action that the student may take to be restored by the School Board. The decision shall also state that the student has the right to appeal the decision to the New Hampshire State Board of Education at any time while the expulsion remains in effect.

Any expulsion shall be subject to review by the School Board, if requested, prior to the start of each school year. A student seeking restoration of permission to attend school shall file a written request with the Superintendent prior to the start of each school year which details the basis for the request. The student may request alternative education services at this time.

Possession of a Firearm

Pursuant to RSA 193:13, IV, any student who brings or possesses a firearm (as defined in 18 U.S.C. § 921) 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 Manchester Board of School Committee for a period of not less than 12 months.

Pursuant to RSA 193:13, VI, a student who is expelled from school in another state under the provisions of the Gun Free School Zones Act of 1994 shall not be eligible to enroll in the Manchester School District during such expulsion. If the out of state expulsion is for an indefinite period of time, the student may petition the School Board for enrollment upon establishing residency.

As provided in RSA 193:13, VII, both of the above expulsions may be modified by the Superintendent upon review of the specific case in accordance with other applicable law. The expelled student must submit a written application to the Superintendent requesting modification of the expulsion, and the student will be required to submit sufficient evidence in the form of letters, work history, or other documents that it is in the school’s best interest and the student’s best interest to allow a modification.

Equitable Application

This policy shall be implemented in an equitable manner. The Board hereby directs the administration to collect data, as outlined in the Student Code of Conduct, to include data on graduated sanctions, suspensions, and expulsions imposed on students. This data shall reflect the demographics of the students receiving disciplinary action when possible while protecting student privacy. The Student Conduct Committee shall review this data to ensure equitable application of this policy and shall outline a schedule for data review with District administrators.

Students with Disabilities

Discipline of students with identified or suspected disabilities will be in accordance with the Individuals with Disabilities Education Act of 2004, New Hampshire State Law on Special Education (RSA 186-C), New Hampshire Standards for the Education of Children with Disabilities (Ed 1100), and Section 504 of the Rehabilitation Act of 1973.

Educational Assignments

The District will notify the designated point of contact at the suspended student’s school (guidance counselor or other designee by the school Principal). The designee will make all educational assignments available to the suspended student during the student’s suspension. No student shall be penalized academically solely by virtue of missing class due to suspension.

The School Board, in its discretion, may authorize educational services to be provided to an expelled student in an alternative setting on a case by case basis.

Positive Behavior Intervention Plans

The student’s school will develop an intervention plan for any student who has been suspended more than ten (10) cumulative school days in any school year. The intervention plan will be designed to assist the school with proactively addressing the student’s problematic behaviors. The plan may include goals and objectives for the student, but must also include pro-active interventions by the school that will assist and support the student as well. These plans may address, but are not limited to, the following components: (1) target student behaviors; (2) define specific goals including replacement behaviors and timelines; (3) describe interventions, including strategies to change negative behaviors, teach appropriate skills and outline negative consequences; and (4) include a mechanism to monitor the effectiveness of the plan. Plans should be reviewed and modified as necessary to meet student needs.

This plan is differentiated from any positive behavior intervention plan implemented prior to the student’s suspension, mentioned in Expulsion 3(e) of this policy. More information regarding behavior management and intervention before suspension can be found in Students 145.2 Behavior Management and Intervention.

Superintendent Authority

The School Board authorizes the Superintendent to reinstate a suspended or expelled pupil on a case by case basis if so designated by the School Board in their decision to expel. Such authority may allow the Superintendent to reinstate a student upon meeting certain criteria for good behavior during the period of expulsion.

Code of Conduct

The Board directs the Superintendent to create a Code of Conduct, subject to Board approval, which will contain a system of supports and consequences designed to correct student misconduct and promote behavior within acceptable norms. The information in this policy can also be found in the Code of Conduct and that the purpose of this policy is to act as the authority that the Code of Conduct follows.

The Code of Conduct will include a graduated set of age-appropriate responses to misconduct and will set forth standards for short term suspensions up to ten (10) school days and long term suspensions up to 20 school days, and expulsion. Such standards will make reference to the nature and degree of disruption caused to the school environment, the threat to the health and safety of pupils and school personnel, and the isolated or repeated nature of incidents forming the basis of disciplinary action.

The school district will provide alternative educational services to a student whenever the student is suspended in excess of twenty (20) cumulative days within any school year. Such alternative educational services will be determined by the school Principal or Assistant Principal and shall be designed to enable the student to advance from grade to grade.

Notice

This policy and school rules which inform the student body of the content of RSA 193:13 shall be included in the Code of Conduct, which shall be made available on the District’s website to students, parents, and guardians. The Principal or designated building administrator shall also inform the student body concerning this policy and school rules which address the content of RSA 193:13 through appropriate means, which may include posting and/or announcements.

The principal of each school shall make certain that each pupil has received notice of the requirements of RSA 193:13 and RSA 193-D:1 through announced, posted, or printed school rules at the beginning of each school year. The statutory text shall be printed in the Code of Conduct to be distributed to each student at the beginning of the school year; and shall be announced, posted, and printed at other appropriate locations and times in the middle school and high school. Nothing herein shall prevent a school principal from printing, posting and/or announcing other rules applicable to the school.

Cross References:

Students 128: Dangerous Weapons on School Property

Students 118: Pupil Safety and Violence Prevention – Bullying

Manchester School District Student Code of Conduct

Students 145.2 Behavior Management and Intervention.

Legal References:

18 U.S.C. § 921, Definition of Firearm RSA 189:15, Regulations

RSA 193:13, Suspension & Expulsion of Pupils

RSA 651:5, XIII, Annulment of Criminal Records - Violent Crimes

RSA 631:4, II(a), Criminal Threatening

RSA Chapter 193-D, Safe School Zones

RSA Chapter 193-F, Pupil Safety and Violence Prevention

NH Code of Administrative Rules, Section Ed 306.04(a), Policy Development NH Code of Administrative Rules, Section Ed 306.04(f), Student Discipline NH Code of Administrative Rules, Section Ed 317, Standards and Procedures for Suspension and Expulsion of Pupils Including Procedures Assuring Due Process

New Hampshire School Board Association (NHSBA) Code JI, JICD

HISTORY

Revision History: June 28, 2021; June 27, 2022

First Reading by Policy Committee: June 8, 2022 Second Reading & Adopted by BOSC: June 27, 2022