5131.8(a)
Students
Off School Grounds Misconduct
Students are subject to discipline,
up to and including suspension and expulsion for misconduct, which is seriously
disruptive of the educational process and is a violation of a publicized Board
policy, even if such misconduct occurs off‑school property and during non‑school
time.
In compliance with judicial
decisions, the Board considers conduct which is "severely disruptive of
the educational process" to mean conduct that "markedly interrupts or
severely impedes the day‑to-day operations of a school" in addition
to such conduct also being violative of publicized school policy. Such conduct
includes, but is not limited to, phoning in a bomb threat, or making a threat,
off school grounds, to kill or hurt a teacher or student.
In addition, in making the
determination as to whether conduct is "seriously disruptive of the
educational process," the administration may consider, but such
consideration shall not be limited to (l) whether the incident occurred within
close proximity of a school; (2) whether other students from the school were
involved or whether there was any gang involvement; (3) whether the conduct
involved violence, threats of violence or the unlawful use of a weapon, as
defined in Section 29‑38 and whether any injuries occurred; and (4)
whether the conduct involved the use of alcohol. The Board of Education or
impartial hearing board, in matters of expulsion for out of school misconduct,
in making a determination as to whether conduct is "seriously disruptive
of the educational process," may consider, but consideration is not
limited to the same items listed previously.
Such discipline may result whether:
l) the incident was initiated in the school or on school grounds, or 2) even if
the incident occurred or was initiated off‑school grounds and non‑school
time; if after the occurrence there was a reasonable likelihood that return of
the student would contribute to a disruptive effect on the school education or
its process, markedly interrupting or severely impeding the day‑to day
operation of a school, by threatening:
1.
The school's orderly
operations;
2.
The safety of the
school property;
3.
The welfare of the
persons who work or study there.
Examples of the type of such off‑school
misconduct that may result in such discipline include but are not limited to:
1.
Use, possession,
sale, or distribution of dangerous weapons; (as defined C.G.S. 53a‑3, 53-206, and 29-35)
2.
Use, possession,
sale, or distribution of illegal drugs; or
3.
Violent conduct,
4.
Making of a bomb
threat,
5.
Threatening to harm
or kill another student or member of the staff.
where any such activity has the
reasonable likelihood of threatening the health, safety or welfare of school
property, individuals thereon, and/or the educational process.
5131.8(b)
Students
Off School Grounds Misconduct (continued)
For example, if it is determined
that a student's use, possession, or sale of drugs in the community has a
strong likelihood of endangering the safety of students or employees because of
the possibility of such sales in the school; or if violent conduct in the
community presents a reasonable likelihood of repeating itself in the school
environment; or if any similar type of misconduct in the community has a
reasonable likelihood of being continued or repeated in school or of bringing
retaliation or revenge into the school for such off‑school misconduct,
the Board may impose discipline up to and including suspension and/or
expulsion. The rationale to be applied in considering disciplinary action is
whether the off‑school grounds conduct will markedly interrupt or
severely impede the day‑to‑day operation of a school.
A student who possessed and used a
firearm, deadly weapon, dangerous instrument or martial arts weapon in the
commission of a crime off-campus shall be expelled for one calendar year unless
said expulsion is modified on a case-by-case basis.
Legal
Reference: Connecticut General
Statutes
4‑ 176e through 4‑ 185
Uniform Administrative Procedure Act.
10‑233a through 10‑233f
re in‑school suspension, suspension, expulsion. (as amended by PA 98‑139)
29‑35 Carrying of pistol or
revolver without permit prohibited.
29‑38 Weapons in vehicles.
53a‑3 Firearms and deadly
weapons.
53‑206 Carrying and sale of
dangerous weapons.
53a‑217b Possession of
firearms and deadly weapons on school grounds.
PA 94‑221 An Act Concerning
School Safety.
18 U.S.C. 921 Definitions.
PL 103‑382 Elementary and
Secondary Education Act. (Sec. 14601 ‑ Gun Free Requirements: Gun Free
School Act of 1994)
PA 95‑304 An Act Concerning
School Safety.
PA 96‑244 An Act Concerning
Revisions to the Education Statutes.
Kyle P. Packer PPA Jane Packer v. Thomaston Board of Education. (SC 15862
Policy
adopted: March 9, 2004 EAST HADDAM PUBLIC
SCHOOLS
Moodus,
Connecticut