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Discipline Code

Philosophy

The Worcester Public Schools embraces zero tolerance for language or acts of hate and intolerance. A key aspect of a student's education is the acquisition of social and behavioral skills, since effective learning can only occur when students obey basic rules of conduct. This means that:

Students have a responsibility to conduct themselves in a manner that is in the best interest of the school and its students. Parents have a responsibility to develop positive attitudes toward study and behavior. Teachers have a responsibility to continue behavior development through teaching and discipline in the classroom. The Administration and the Board of Education have a responsibility to support and maintain the enforcement of discipline within the school buildings.

All students are expected to meet the requirements for behavior as set forth in the Policies and Programs Handbook for the Worcester Public Schools.

School-Imposed Discipline

Suspension is a denial to a student of the right to attend school and to take part in any school function for a specified period of time by his/her school administrators, the Superintendent or his designee.

Expulsion is an action by the School Committee or the school principal to exclude a student from school and school functions permanently. While the School Committee has specifically provided for a penalty of expulsion in certain cases, a student may also be expelled for conduct such as assault, vandalism, hazing, or any other conduct disruptive to the education of students in the Worcester Public Schools or which threatens the safety of students, staff, or visitors.

Long-Term Suspension is a suspension of up to one year during which time the student is assigned to an off-site location.

Determination of the length of suspension is based upon the severity of the incident, its effect on the school community, or its effect on individual students or staff. The effect on the school community includes such concerns as safety of individuals, protection of property, disruption of school activities and disruption of a positive educational environment. Where appropriate, the number and nature of previous offenses will be considered in determining an appropriate penalty. Parents/Guardians may be requested to attend a conference at the school with school administrators regarding the suspension.

Any student who received a long-term suspension from the Worcester Public Schools shall not be eligible for readmission for one calendar year from the date of the long-term suspension. Established policies and procedures require all students who have received a long-term suspension of one year from the WPS to perform (10) days or sixty (60) hours of supervised community service prior to the student's readmission to the WPS.

Rule 1. - Damage or Destruction of School Property

A student shall not steal or cause damage to school property, nor make such attempts. The Administration intends to file criminal complaints against, and seek restitution from, any student who violates this rule.

Rule 2. - Damage or Destruction of Private Property

A student shall not steal or cause damage to private property nor make such attempts during school situations on or off school grounds or at any school-related situations including, but not limited to, travel to and from the situation.

Disruptive Conduct The expulsion policy applies to, but is not limited to, the following rules of the Policies and Programs Handbook for the Worcester Public Schools.

Rule 3. - Physical Assault on a School Employee

A student shall not cause or attempt to cause physical injury to a school employee on or off the school grounds or during school situations or school-related situations including, but not limited to, travel to and from the situation.

Any student who assaults any school employee or any student who assaults a principal, teacher, teacher’s aide, or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion or a long-term suspension from the school by the school principal.

Any subject charged with a violation of this rule shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at the hearing before the principal.

Rule 4. - Physical Assault on a Student or Other Person Not Employed by the School

A student shall not cause or attempt physical injury to another student or any other person on or off school grounds at any school-related situation including, but not limited to, travel to and from the situation.

Rule 5 - Verbal Assault on a School Employee

A student shall not assault verbally any school employee on or off school grounds at any school related situation including, but not limited to, travel to and from the situation. Verbal assault means defiance, insolence, rudeness, obscenity or abusive language. Abusive language shall include but not be limited to derogatory statements concerning race, sexual orientation, color, gender, age, religion, national origin or disability.

Rule 5A. - Threatening a School Employee

A student shall not threaten on school grounds or at a school-sponsored event any teacher, administrator or other school employee with physical harm so as to place such teacher, administrator or other school employee in reasonable apprehension that force will be used to inflict such physical harm. The principal of the school shall investigate any allegation that a student has threatened a teacher, administrator or other school employee with physical harm and shall make an initial determination whether or not the matter should be recommended to the School Committee. The School Committee may expel or may impose a long term suspension on any student found to have threatened a teacher, administrator or other school employee with such physical harm after affording such student all due process rights specified in "Legal Policies - Due Process" - herein. In determining the response of the Worcester Public Schools, any fact-finder, or reviewing authority will have discussions with the student and the school employee(s) involved in the incident. This shall include the employee that is the subject of the alleged threat, others who may have witnessed it, as well as guidance counselors and administrators of the school. In determining whether an apprehension of anticipated physical force is reasonable, any fact-finder or reviewing authority will look to the actions and words of the student in light of the attendant circumstances.

Rule 6. - Verbal Assault on, or Threat to, a Student or Non-employee of School

A student shall not assault verbally any person on or off school grounds at any school-related situation including, but not limited to, travel to and from the situation. Verbal assault means defiance, insolence, rudness, obscenity, bullying or abusive language. Abusive language shall include but not be limited to derogatory statements concerning race, sexual orientation, color, gender age, religion, national orgin or disabliity.

Rule 6A. - Written Assault or Threat on a Student or Non-employee

A student shall not threaten, intimidate or bully in writing, any person on or off school grounds at any school-related situation including, but not limited to, travel to and from the situation. Written threats mean any messages including e-mail, text messaging or any other cyber-related forms of communication; e.g. chatrooms, myspace.

Rule 7. - Policy on Possession or Use of Weapons

If any device which may be considered a weapon under this policy, is distributed by a teacher, for use in the classroom, then no student receiving such a device shall be charged with an offense under Rule 7 provided the device remains in the classroom and provided the device is only used for the classroom purpose.

A student shall not possess, use, or attempt to use, any weapon on school premises or at a school-related situation, including but not limited to travel to and from the situation.

In order to protect the students of the Worcester Public Schools, any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife may be subject to expulsion or a long-term suspension from the school by the principal regardless of the size of the knife.

For purposes of this policy, a dangerous "weapon" includes but is not limited to a gun, knife, slung shot, blowgun, blackjack, metallic knuckles including a ring intended to be worn on more than one finger ("fused rings") or knuckles or any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends. Any other device or object used or attempted to be used to inflict bodily harm on a person may be considered a weapon.

This policy will be implemented according to the due process provisions of the Worcester Public Schools Discipline Code applicable to Regular and Special Education students.

Rule 8. - Policy on Possession or Use of Drugs or Alcohol

a. Any student who distributes or possesses, with intent to distribute any controlled substance as defined in Massachusetts General Laws Chapter 94C, including, but not limited to, marijuana, cocaine, or heroin, on school premises or at a school-sponsored activity, may be expelled or have a long-term suspension imposed from the Worcester Public Schools by the school principal.

b. Any student who uses or possesses any controlled substance as defined in Massachusetts General Laws Chapter 94C, including, but not limited to, marijuana, cocaine or heroin, or is under the influence of such a substance on school premises or at a school-sponsored activity may be subject to expulsion or a long-term suspension from the school by the school principal.

c. Possession or use of alcohol on the premises of the Worcester Public Schools is forbidden. Any student who uses or possesses alcohol on school premises, or at a school-sponsored activity, or is under the influence of alcohol on school premises, or at a school-sponsored situation, may be expelled or have a long-term suspension imposed from the Worcester Public Schools by the School Committee.

d. This policy will be implemented subject to the due process provision of the Worcester Public Schools Discipline Code applicable to Regular and Special Education students. Any student charged with a violation of Rule 8 shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with an opportunity to present evidence and witnesses at the hearing before the principal.

e. Possession or use of drugs or controlled substances which are medically prescribed is not a violation of this Policy (However, all prescribed medications will be administered to students by authorized personnel and will be kept in a secure location.).

Rule 9. - Excessive Tardiness

A student shall not be repeatedly tardy from schoo or to class without a legitimate cause (See Attendance/Truancy Policy)

Rule 10. - Repeated Schoo Violations

A student shall not repeatedly fail to comply with directions and reasonable request of any authorized school personnel during any period of time he/she is under such authority.

Rule 11. - Search and Seizure

School Officials may legally search a student and confiscate property provided:

a. There are reasonable grounds to suspect a search will turn up evidence tending to show that the student has violated or is violating the law or the school's rules.

b. The search as conducted is reasonably related in the scope to the circumstances that justified the search in the first place.

Rule 12. - Hazing (Ch. 536 - Acts of 1986)

A student shall not organize or participate in hazing. A student with knowledge of any hazing activity must report the incident to the school administrator.

Rule 13. - Sounding False Alarms

A student shall not, without reasonable cause, by outcry, bells, or otherwise cause a false alarm of fire (Such action reported under G.L. Ch. 269, Section 13).

Rule 14. - Smoking and Tobacco Products

Smoking, possession, use, or distribution of tobacco or tobacco products within school buildings, school facilities, school grounds, on school buses or at a school sponsored activity by any person are prohibited. Any student who violates this rule may be suspended.

Rule 15. - Cellular Telephones, Beepers, and Laser Pointing Devices

A student shall not possess a beeper, pager or other mobile telecommunications or two-way radio communications device of any type on school premises or at a school-sponsored situation, provided, however, that a student may possess a cellular telephone on school premises or at a school sponsored situation but may not use such cellular telephone during the hours school is in session or during a school sponsored situation. Any such device found in a locker may be considered to be in the possession of the student assigned to the locker for purposes of disciplinary action.

A student shall not possess a laser pointing device of any type on school premises or at a school sponsored situation, unless such device is distributed by a teacher or its use is authorized by a teacher in connection with school work. Use of a laser pointing device against the face, eyes, or head of another person on school premises or at a school sponsored situation may be considered use of a weapon for disciplinary purposes including the possibility of expulsion or long-term suspension.

Rule 16. - Demerits

Students can be suspended when they have earned a specific number of demerits.

Rule 17. - Policy on Gangs and Obscene Clothing

a. No student on school property or at any school sponsored function shall wear any article of clothing (including hats, bandanas, scarves, and sweatbands), jewelry emblem, badge, symbol or sign which has wording, or designs that are reasonably deemed by the School Administration to be obscene, lewd or vulgar.

b. No student on school property or at any school sponsored function shall wear any article of clothing (including hats,), jewelry emblem, badge, symbol or sign, which displays, evidences or advertises alcoholic beverages, tobacco products, illegal drugs, or other controlled substances illegal under Massachusetts law.

c. No student on school property or at any school sponsored function shall wear any article of clothing (including hats), jewelry emblem, badge, symbol or sign which the School Administration reasonably deems to be evidence of membership or affiliation in any gang. As affiliated together, either formally or informally, whose purposes include the commission of illegal acts or who in concert commit illegal acts.

Rule 18. - Students Charged With or Convicted of a Felony

In accordance with Massachusetts General Law Chapter 71 (S 37H-1/2) principals have the authority to suspend students charged with a felony and expel or impose a long-term suspension for students convicted or adjudicated of committing a felony if the principal has determined that the student’s continued presence would have a substantial detrimental effect on the general welfare of the school.

Any student charged with a violation of Rules 3, 7, 8 and 18 shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at the hearing before the principal (See Due Process Rights).

Rule 19. - Disruption of School

In addition to complying with Rules 1 through 18 stated above, a student shall not use violence, force, threat, fear, passive resistance or any other conduct in order to cause the disruption or obstruction of any lawful mission, process, or function in school.

Rule 20. - Bomb Threats

(a) No student shall communicate or cause to be communicated any information in any form whatsoever that a bomb or any type of explosive device is located in or on any building or property under the control of the Worcester Public Schools or is at any school sponsored situation, including but not limited to transportation provided by the Worcester Public Schools, either directly or by contracted services. Any student found in violation of the provisions of this rule may be suspended or expelled by the Worcester School Committee after all appropriate due process proceedings as specified in Legal Policies - Due Process section of the Policies and Programs Handbook for the Worcester Public Schools.

(b) Before the readmission to the Worcester Public Schools of any student suspended or expelled for violation of this rule, such student shall perform ten (10) days of supervised community service, which has been approved by the school administration, for each day which school has been disrupted by such threat. Such community service shall be performed at a time when the Worcester Public Schools is not scheduled to be in session (e.g., summer vacation, February or April vacation, etc.).