Student Handbook » Behavior / Discipline Information

Behavior / Discipline Information

The legislature has given administrators and teachers the authority to “take disciplinary actions instead of or in addition to suspension and expulsion that is necessary to ensure a safe, orderly, and effective educational environment.” (IC 20-33-8-25). 
 
Marion Community Schools disciplinary procedures provide for the following levels of disciplinary consequences:
 
  • Level 1: Conference    
  • Level 2: Intervention Options    
  • Level 3: In-School Alternative
  • Level 4: Out-of-School Suspension    
  • Level 5: Alternative Consequences/Programs
  • Level 6: Expulsion
 
Please see the MCS Rules, Consequences, and Supports for more information on discipline.
 
Further considerations and allowances can be made for students with documented special needs. Please refer to the Board Policies for more information, or contact the MCS Special Services Department at 765-662-2546 x 8060.
PBIS (Positive Behavioral Interventions and Supports) is a prevention-oriented framework for school staff to maximize the chances for academic and social success for all students.
 
This language comes directly from the 1997 reauthorization of the Individuals with Disabilities Education Act (IDEA). PBIS is used interchangeably with SWPBS, which is short for “School-wide Positive Behavior Supports.” PBIS is based on principles of applied behavior analysis and the prevention approach and values of positive behavior support.
 
PBIS is a framework or approach for assisting school personnel in adopting and organizing evidence-based behavioral interventions into an integrated continuum that enhances academic and social behavior outcomes for all students. 
 
PBIS IS NOT a packaged curriculum, scripted intervention, or manualized strategy. 
 
This framework is based on research and is a prevention-oriented way for school personnel to 
  1. organize evidence-based practices
  2. improve their implementation of those practices, and
  3. maximize academic and social behavior outcomes for students.
PBIS supports the success of ALL students.
In all discipline matters, the building administrators have the authority to consider the circumstances involved in a particular situation and may increase or decrease any stated penalty. Administrators may determine disciplinary action for inappropriate behavior not specifically stated in this handbook. Students deciding to violate school rules on numerous occasions should expect harsher penalties over students violating school rules for the first time. School staff will involve security officers or law enforcement if necessary. For more information, see the MCS Rules, Consequences, and Supports
An expulsion hearing examiner may recommend to the superintendent that a recommendation for expulsion be temporarily suspended providing that the student attends the Marion Community Schools alternative education programs for a determined amount of time. For more information, see Board Policy 2451.
Marion Community Schools is committed to maintaining a safe and suitable learning environment. Though each Marion Community Schools employee has specific assigned duties and responsibilities, every MCS employee is authorized to correct a student if the need arises. If any student is corrected by any MCS employee, whether that be faculty, administration, clerical, cafeteria, custodial, or transportation staff, the student is expected to accept such corrections.  
 
Substitute teachers are also school employees, and all rules are enforceable by them.
Students are not permitted to use cell phones or other mobile devices during school hours in such a way that may distract from teaching and learning. Please consult the Board Policies for current rules on educational usage of mobile devices, or contact your school office for more information.
The Board of School Trustees of the Marion Community School Corporation prohibits gang activity and similar destructive or illegal group behavior on school property, on school buses, and/or at school-sponsored functions and prohibits reprisal or retaliation against individuals who report gang activity and similar destructive or illegal group behavior or who are victims, witnesses, bystanders, or other people with reliable information about an act of gang activity and similar destructive or illegal group behavior.
 
 
Heelies, scooters, skateboards, hoverboards, toys, and electronic gadgets such as Gameboys and MP3 players are not allowed on school property. Students who bring these items to school will have them taken away by school personnel. Parents may claim the item by contacting the school office.
A school administrator or designee may search a student if there is reasonable cause for the search. This search may include, but is not limited to, automobiles, pockets, purses, bags, shoes and lockers. For more information, see Board Policy 5550
According to Indiana Code 20-33-8-17: “A student may be expelled if it is determined that the student’s legal settlement is not in the attendance area of the school where the student is enrolled.” 
 
However, Marion Community Schools does accept non-resident transfer requests. Click here for more information.

Due Process Procedures

The Board of School Trustees of the Marion Community Schools in accordance with Indiana Code 20-27-9-1 through 20-27-9-23 provides a procedure for handling student suspensions, expulsions, and exclusions from school. School is defined as either a full day of activities or a partial day of activities. A detailed look at the procedure follows. Students and parents of the Marion Community Schools who have questions concerning these procedures should contact their building principal.
 
Marion Community Schools does not discriminate, deny benefits to nor exclude anyone from participation on the basis of sex, race, national origin, religion, handicap, age or color of skin. 
 
See the full text of Board Policies 5500 and 5600, addressing Student Conduct and Student Discipline. (IC 20-33-8-9)
When self-discipline fails, regulations for management of school behavior must be enforced by those directly responsible for the operation of the schools. School staff members will make every effort, individually, collectively, and co-operatively with appropriate available community resources, to help each student gain acceptable self-discipline standards. The Board of School Trustees of Marion Community Schools has this legal responsibility. The Board of School Trustees has appointed administrative personnel to carry out its policies concerning student behavior. (Board Policy 5600)
 
  1. Time Out Room (TOR) / In-School Suspension (ISS)
    TOR and ISS are disciplinary alternatives used when students fail to comply with classroom rules and/or violate specific Marion Community Schools policies. TOR and ISS do not count against attendance. Students who do not follow the rules of TOR/ISS may be suspended from school. While in ISS, students may not participate in extracurricular activities. ISS may be assigned by period or full day, depending on the grade level of the student, the seriousness of the infraction and administrator discretion. 

  2. After-School Detainment
    Students may be detained after school but not for more than one (1) hour per day. Failure to remain for detention may result in suspension.

  3. Suspension by Teacher
    A teacher may exclude a student from participation in any educational function under his or her charge and supervision for a period not to exceed one (1) school day if the student is in elementary school, or up to five (5) class periods if a student is in middle, junior high or high school when a student interferes with the educational function of which the teacher is then in charge. (IC 20-33-8-9(c) and IC 20-33-8-25(b)(7))

  4. Suspension by Principal
    A principal may deny a student the right to attend school or to take part in any school function for a period of up to ten (10) school days in the following instances:
    1. When the alleged misconduct is determined to be any of the “Grounds for Expulsion” listed in the next section.
    2. No short term suspension shall be made without affording the student an opportunity for an informal hearing, except where the nature of the misconduct requires immediate removal. In such situations, the notice and informal hearing shall follow as soon as reasonably possible after the suspension.
When a principal (or designee) determines that a student should be suspended, the following procedures will be followed:
  1. A meeting will be held prior to the suspension of any student. At this meeting the student will be entitled to:
    1. a written or oral statement of the charges;
    2. if the student denies the charges, a summary of the evidence against the student will be presented; and,
    3. the student will be provided an opportunity to explain his or her conduct.

  2. The meeting shall precede suspension of the student except where the nature of the misconduct requires immediate removal. In such situations, the meeting will follow the suspension as soon as reasonably possible following the date of the suspension.

  3. Following the suspension, the parent or guardian of a suspended student will be notified in writing. The notification will include the dates of the suspension, describe the student's misconduct, and the action taken by the principal. 
 
A student may be excluded from school attendance for a period of time greater than ten (10) days if they are expelled.
  1. An expulsion is:
    1. A denial of the right of a student to take part in any school function for any period greater than ten (10) school days; or
    2. Such a denial for ten (10) days or less, if the days involved constitute the balance of a then current school year unless a student is permitted to complete required examinations in order to receive credit for courses taken in their current semester or year.
    3. Any other disciplinary action which automatically prevents the student from completing within the normal time his overall course of study in any school in the school corporation. Expulsion requires a student procedural due process hearing. (See Section III)

  2. The following types of student conduct constitute grounds for expulsion or suspension:
    1. Using violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or other comparable conduct constituting an interference with school purposes, or urging other students to engage in such conduct. The following enumeration is illustrative of the type of conduct prohibited by this subdivision;
      1. Occupying any school building, school grounds, or part thereof with   
           intent to deprive others of its use.
      2. Blocking the entrance of exits of any school building or corridor or room therein with intent to deprive others of lawful access to or from, or use of the building, corridor, or room.
      3. Setting fire to or substantially damaging any school building or property.
      4. Firing, displaying, or threatening use of firearms, destructive devices, or other weapons on the school premises for any unlawful purpose.
      5. Prevention of or attempting to prevent by physical act the convening or continued functioning of any school or educational function, or of any lawful meeting or assembly on school property.
      6. Continuously and intentionally making noise or acting in any manner so as to interfere seriously with the ability of any teacher or any other school personnel to conduct the educational function under his supervision.

        This subdivision shall not, however, be construed to make any particular student conduct a ground for expulsion where such conduct is constitutionally protected as an exercise of free speech or assembly or other right under the Constitution of Indiana or the United States.

    2. Causing or attempting to cause substantial damage to school property, stealing, or attempting to steal school property of substantial value, or repeatedly damaging or stealing school property of any value.
    3. Intentionally causing or attempting to cause substantial damage to valuable property, stealing, or attempting to steal valuable private property, or repeatedly damaging or stealing private property.
    4. Intentionally causing or attempting to cause physical injury or intentionally behaving in such a way as could reasonably cause physical injury to any person.
    5. Threatening or intimidating any student for the purpose of, or with intent of, obtaining money or anything of value from the student.
    6. Knowingly possessing, handling, or transmitting a knife or any other object that can reasonably be considered a weapon.
    7. Knowingly possessing, using, transmitting, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind.  
      Use of a drug authorized by a medical prescription from a physician is     not a violation of this subdivision. 
    8. Engaging in the unlawful selling of a controlled substance or engaging in a criminal law violation that constitutes a danger to other students or constitutes an interference with school purposes or an educational function.
    9. Failing in a substantial number of instances to comply with directions of teachers or other school personnel during any period of time when the student is properly under their supervision, where the failure constitutes an interference with school purposes or an educational function.
    10. Engaging in any activity forbidden by the laws of Indiana that constitutes an interference with school purposes or an educational function.
    11. Violating or repeatedly violating any rules that are reasonably necessary in carrying out school purposes or educational functions and are validly adopted under sections 2 and 3 of this chapter.

  3. Grounds for Expulsion apply when student is:
    1. On school grounds immediately before, during and immediately after school hours and at any other time when the school is being used by a school group;
    2. Off school grounds at a school activity, function, or event; or
    3. Traveling to or from school or school activity, function, or event.

  4. In addition to the grounds for expulsion or suspension under subsection 3, a student may be expelled or suspended for engaging in unlawful activity on or off school grounds if the unlawful activity may reasonably be considered to be an interference with school purposes or educational functions.  
The full text of Board Policies 5500 and 5600, addressing Student Conduct and Student Discipline, is available online at www.marion.k12.in.us. (Indiana Code 20-33-8-1 through 20-33-8-24)
When a principal (or designee) recommends to the superintendent (or designee) that a student be expelled from school, the following procedures will be followed:
  1. The superintendent (or designee) may conduct an expulsion meeting, or may appoint one of the following persons to conduct the expulsion meeting:
    1. legal counsel
    2. a member of the administrative staff who did not expel the student during the current school year and was not involved in the events giving rise to the expulsion.

  2. An expulsion will not take place until the student and the student's parent are given notice of their right to appear at an expulsion meeting conducted by the superintendent or the person designated above. Failure to request and to appear at this meeting will be deemed a waiver of rights administratively to contest the expulsion or to appeal it to the school board.

  3. The notice of the right to an expulsion meeting will be in writing, delivered by certified mail or by personal delivery, and contain the reasons for the expulsion and the procedure for requesting the meeting.

  4. At the expulsion meeting, the principal (or designee), will present evidence to support the charges against the student. The student or parent will have the opportunity to answer the charges against the student, and to present evidence to support the student's position. An attorney may not represent the student at the expulsion meeting, but the attorney may be available for consultation outside the meeting room during the course of the expulsion meeting.

  5. If an expulsion meeting is held, the person conducting the expulsion meeting will make a written summary of the evidence heard at the meeting, take any action found to be appropriate, and give notice of the action taken to the student and the student's parent.
The student or parent has no right to appeal an expulsion decision to the school board as the school board has voted not to hear student expulsion appeals. (Board Policy 5600.01) (Indiana Code 20-33-8-18 and 20-33-8-19)

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