American Preparatory Academy Code of Conduct

All staff, students, and parents annually sign a compact indicating that they have received and will follow APA policy.

Core Principles

1. All students and staff members benefit from a learning environment that is free from disruption and harassment, and one that is physically safe and emotionally nurturing. Students at American Prep will not be allowed to disrupt the learning process.

2. All students are capable of appropriate conduct in the school setting.

3. It is the responsibility of the teachers and administrators to explicitly teach the behaviors that are expected and the behaviors that are unacceptable to each student in each setting at the school.

4. It is the responsibility of the student to learn self-discipline and to adhere to the Code of Conduct.

5. It is the responsibility of the parent to fully participate in the process of teaching the student appropriate conduct and supporting disciplinary measures.

Goals

1. All students will have access to a learning environment free from disruption and harassment.

2. Students will be physically safe at American Prep.

3. Students will be emotionally nurtured at American Prep.

4. Students will learn appropriate conduct by practicing self-discipline and will be able to generalize their understanding of appropriate conduct to situations other than those specifically and explicitly taught.

5. Discipline training will be utilized at American Prep. Discipline refers to the process of teaching positive behaviors and allowing students opportunities to practice those positive behaviors until they become proficient at controlling unproductive behavior.

6. Consequences imposed as a result of unproductive behavior will be meaningful and effective, with the goal always being that the student is motivated to improve his/her behavior.

Dress

Students and staff will dress according to the school Dress Code guidelines, exhibiting respect for themselves and others.

Language and Communication

Students and staff will speak at all times with respect and kindness. Language that is positive and promotes the mission of American Prep will be taught, modeled, and fostered. Students and staff will notice positive behavior in others, and will commend others for their efforts. Language that builds, supports, and encourages will be frequently and consistently used. Communication will be positive. When corrections need to be made by staff members, this will be done privately whenever possible, and always in a respectful, kind manner. Positive language and encouragement will follow any necessary corrections. Gratitude will be expressed frequently and consistently by students and staff, both in word and in written form.

If parents are made aware of inappropriate communication or language of a staff member, either first-hand or by report of their student, we ask that they contact a member of the school administration immediately. Staff members are not to speak to students regarding topics such as human sexuality (with the exception of specified classes and utilizing approved curriculum). Staff members are not to discuss topics that may be considered crude or offensive to students or others. Staff members may not violate generally accepted community standards of decency. Staff members should take care to refrain from using slang that may be offensive to students’ religious beliefs.

Staff should never direct students to keep information secret from their parents regarding what happens in a classroom, at the school or regarding something the teacher has said. Doing so is justification for immediate removal. If parents are made aware that this has happened, we ask that you notify administration immediately.

Our American Ideals – Freedom of Speech

American Preparatory Academy’s aim is to engage in efforts that prepare our students to actively participate in preserving our nation’s form of government.  We believe this is best achieved by our school community coming together in unity around our national ideals– freedom, equality, democracy, rule of law and patriotism - and thus preparing our students to “change the world for the better”.

These shared ideals provide a solid foundation on which to discuss and persuade and debate issues.  We believe public education must provide a foundation for successful dialogue.

We believe that every individual has the right, the freedom and the responsibility to share ideas and to develop informed opinions, and that this process naturally results in diverse opinions among our students, staff and families.  We believe this diversity of opinion is a positive, even vital, aspect of American life.  As a classical education school, we teach students the process of respectful dialogue. Our interactions must meet the school’s standards for decency and respect, and administrators are responsible for promoting respectful communications as the standard at the school.

We believe that it is often through disagreements that we learn the most and advance our understanding of one another and of important issues.   We believe that a healthy environment of diverse opinions and ideas, expressed appropriately, strengthens our students, staff, families and community.

We believe it is in conflict with our school’s shared ideals of democracy, equality and freedom to disrespect the thoughts, ideas or opinions of others or take steps to minimize their expression. We believe that ideas and opinions should be appropriately articulated, discussed and debated.

We acknowledge that disagreements will be part of any vibrant democratic community, and we believe when principles of freedom and respect are applied, disagreements will ultimately strengthen us.  In reality, it is in large part the appropriate communication regarding our differences that opens the doors to understanding each other and that understanding binds us together as a community.

These principles of freedom and respect apply to all within our community equally.  No individual or group has special privileges or unique constraints when it comes to appropriate freedom of expression.

We recognize that opinions and ideas will be shared among students and staff informally as a matter of course in their classes and social interactions.  We believe this is a healthy and important aspect of a high-quality educational experience.

We believe that debate, argumentation, and persuasion when conducted upon the foundation of freedom, equality, and respect, will benefit our students and our nation.

We are confident that properly facilitated discussions will result in successful communication of ideas and an ability to for students to learn how to agree to disagree, which is a vital skill for a successful and effective community member in our free nation.

Behavior

Students and staff will demonstrate correct behavior with regard to their physical selves. Hands and feet will be kept to oneself, and respect will be shown by walking in an orderly manner in the hallways and in other school areas. Interaction will be friendly and helpful, without horseplay or other physical demonstrations that are inappropriate. Gang prevention and intervention activities are incorporated into American Prep's Behavior Code and Character Education programs (see Virtuous Character Development policy).

Comportment – Students and staff will demonstrate correct behavior with regard to their physical selves.  Hands and feet will be kept to oneself, and respect will be shown by walking in an orderly manner in the hallways and in other school areas. Interaction will be friendly and helpful, without horseplay or other physical demonstrations that are inappropriate. 

Abusive Conduct – The verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. Staff who have experienced abusive conduct from a student may follow procedures outlined in the Staff Manual to file a grievance.

Bullying -American Prep defines bullying as disrespect shown toward classmates, displayed as physical or verbal aggression, domination or disrespect.  Bullying of any type is not permitted at American Prep.  No form of aggressive physical interaction among students is acceptable.  Verbal threats, even when couched in “jokes”, are not tolerated and will be disciplined.  Sarcasm and teasing may be considered bullying.  Eye rolling, shoulder shrugging, and audible sighs may be considered bullying behavior.  School staff will assess interactions and determine if behavior is considered “bullying” based upon what a reasonable adult would consider offensive behavior which has made or has the potential to make the school environment uncomfortable or hostile for the student.

Hazing - Hazing is a form of bullying that is done for the purpose of initiation or admission into, any school or school sponsored team organization, program, or event, or against a person who is associated with such.  Victim consent or acquiescence does not remove culpability or diminish consequences for any form of bullying, and any instances will be addressed according to the Code of Conduct.

Electronic Bullying - American Prep defines electronic bullying as acts which are initiated by students, often outside of school hours using the internet, instant messaging, email or cell phone texting, which target other students, teachers or staff members and in which student, teachers or staff are spoken of or to in a negative or threatening manner.  When these acts result in students or staff feeling uncomfortable about attending school, a hostile school environment has been created.  We believe it is our responsibility to ensure that all students and staff feel comfortable and welcome at American Prep, and therefore American Prep considers these acts as bullying and we may initiate discipline procedures and parent notification if they occur. 

Students should not take pictures or recordings of classes, school activities, classmates, or school property without express written permission of the school administration and those whose pictures they take.  Posting online or distributing in any other way pictures or movies of school classes, school events or classmates without permission is a violation of the code of conduct that warrants suspension and/or expulsion.

Gang Prevention and Intervention - American Prep is a welcoming and safe campus.  We do not tolerate gang affiliations, symbols, graffiti, recruiting, initiations, or other gang-related activities at our campus.  School faculty and personnel are trained to recognize early warning signs for youth in trouble.  Faculty and personnel report suspected gang activity to school administrators who will investigate all reports. The parent/guardian will be notified in a timely manner. Other actions may include suspension, expulsion, activity restriction, restorative compensation, and law enforcement notification.

Sexual Conduct - Any form of sexual conduct is prohibited at American Prep including all sexual behavior even when consensual. These standards are enforced at all times on the school campus and extend to off-campus events or activities when sponsored by or connected to American Prep. Students who report sexual abuse or unwanted sexual contact shall not be penalized for reporting the behavior and American Prep will not tolerate retaliation from those involved in the abuse.

Safe Environment for All - We believe it is our responsibility to ensure that all students and staff feel comfortable and welcome at American Prep, and therefore, American Prep will promptly investigate reports of negative behaviors impacting school safety. These reports will be considered by the Administrative Director or Elementary Director, and for those found to have exhibited destructive negative behaviors, may result in: an office referral/infraction record, development of a behavior modification plan, suspension, reassignment, expulsion, dismissal, or other appropriate measure (See School Discipline Plan). Law enforcement will be informed of all acts that constitute suspected criminal activity.  The Office of Civil Rights will be notified of all acts that may be violations of civil rights.

Parent Notification - When a report of negative, non-building, or bullying behavior leads to the creation of an office behavioral form, parents of involved students will be required to sign and return the form to the school.  Parents will also receive a phone call from the school.  Parent Intervention or other involvement may be required in resolving the behavior (see Parent Intervention Guidelines).  When a student reports physical harm or feels threatened at school, directors will contact the individual's parents in a timely manner.  Discipline measures may be revealed to the extent permitted by federal and state law, including the FERPA Act, as amended.

When a student reports physical harm or feels threatened at school, directors will contact the individual's parents in timely manner. Discipline measures involving other students may only be revealed to the extent permitted by federal and state law, including the FERPA Act, as amended.  When a student threatens to commit suicide, parents will be promptly notified.  The school director will produce and maintain records verifying that the parent/guardian was notified of the incident or threat.

Reporting - Any student, parent, or staff member may report an incident of negative, non-building, or bullying behavior to a teacher or to the appropriate school director. Anonymous reports will be investigated, but disciplinary action will not occur in the absence of additional evidence. False reports are prohibited. School officials will respond appropriately. 

Retaliation - Any student, parent, or staff member who reports an incident of harassment shall not be penalized for reporting the behavior. American Prep will not tolerate retaliation from those involved in the abuse, and any such incidents will be reported to the appropriate school director.

Restorative Practices - The building and sustaining of relationships among students, school personnel, families, and community members to build and strengthen social connections within communities and hold individuals accountable to restore relationships when harm has occurred.

Discipline Records – Discipline records will not be disclosed to a person who is not authorized to receive the record. The district Records Management Officer assures that discipline records are maintained, retained, and destroyed according to GRAMA laws, the district’s student data privacy policy, and the Records Retention Schedule of the state of Utah. Aggregated, non-identifying student behavior data is analyzed annually for school improvement and is provided bi-annually as required by the federal Office of Civil Rights.

Parent Intervention - Parent will attend school with the student and follow the Parent Intervention Guidelines.

Suspension - Suspension means the student is not allowed to attend class or any school activities for a specified period of time. Suspension shall be from one to ten days maximum.

Expulsion – Student is removed from enrollment of American Preparatory Academy.

Willful Non-compliance: Students who refuse to participate in the programs of American Prep, or who fail to complete the consequences imposed by administration.

Truancy: Failure to attend school. Utah is a compulsory education state. Students are required by law to attend school each day. If students chronically fail to attend school, defined by American Prep as missing more than three days per year with no communication from the parent regarding the absence, American Prep will report this information to a truancy officer.

Academic Integrity

One of the foundational beliefs at American Preparatory Academy is that students can achieve excellence both in academics and in character. Success in college and in a chosen career is contingent on individuals producing their own work and ideas. Plagiarism and/or copying are not tolerated at American Prep.

Cheating: Obtaining or attempting to obtain, or aiding another to obtain credit for work, or any improvement in evaluation of performance, by any dishonest or deceptive means.

Plagiarism: The act of using the ideas or work of another person or persons as if they were one's own without giving proper credit to the source. Plagiarism includes: copying work from any online source and submitting for credit, copying from another student’s homework, quiz, or test; discussing answers or questions on a quiz or test (unless such discussion is specifically authorized by the teacher); obtaining or making copies of a test without authorization from the teacher; using notes on a quiz or test when not specifically authorized by the teacher; or other similar activity; failing to put a quotation in quotation marks and using proper citation, etc. It is expected that students will acknowledge sources in work submitted for grading. If it is clear a student has cheated or copied someone else’s work and turned it in as his/her own, the student is subject to the following consequences:

1. work that has been compromised by academic dishonesty such as cheating, plagiarism, or reporting dishonest scores will receive no credit and the student may not have the opportunity to redo the assignment for points;

2. on the first offense, a student who has participated in any form of academic dishonesty as outlined above shall be suspended for one day; and

3. on the second offense of academic dishonesty, the student shall receive a multiple-day suspension and he/she may be required to attend an expulsion hearing before a discipline council.

Infractions

The following behaviors are considered infractions of the Code of Conduct. This is not an exhaustive list and the school administration may deem other actions or behaviors violations of the Code of Conduct:

1. Any behavior or action which materially and substantially disrupts school work and discipline

2. Disruption of the learning environment, including speaking in class without permission

3. Lack of control of hands or feet – pushing, hitting, kicking, tripping, etc. without malice - horseplay

4. Lack of control of hands or feet – with malice or perceived malice

5. Use of profane or offensive language

6. Disrespect, defiance, or insolence toward staff

7. Disrespect shown toward classmates (including bullying and electronic bullying)

8. Abusing, misusing, or destruction of property

9. Physical or verbal harassment

10.  Possession of a banned item (see Banned Items list)

11.  Cheating/Plagiarism

12.  Stealing

13.  Leaving school premises without permission

14.  Skipping class

15.  Arriving tardy to class

16.  Littering

17.  Chewing gum

18.  Appearing out of uniform

19.  Truancy (not attending school without parent permission)

20.  Sexual harassment

21.  Possession of any of the following (see Banned Items list for additional banned items)

a) Perfumed/deodorant sprays

b) Caffeine Pills/Energy Drinks/Sleep pills

c) Any non-prescription medication that is not approved through school policy/procedures (see III. Health and Safety)

d) Permanent Markers (except by teacher permission)

Banned Items

Weapons and dangerous substances are not allowed on the premises of American Prep. Possession of any of the following items may be grounds for immediate expulsion:

• Drug paraphernalia
• Controlled substances
  • Narcotics
  • Tobacco, cigarettes, e-cigarettes/vapes, and other electronic smoking devices
  • Alcohol
  • Prescription medications
• Weapons, including real weapons or look-alike weapons
  • Toy guns (Nerf, Rubber band Shooters, Airsoft, etc.)
  • Any explosive, noxious, or flammable material (including aerosol cans, such as deodorant sprays)
  • Matches or lighters
  • Bullets
  • Knives or other cutting tools (other than school scissors)
• Sexually explicit material – written, pictorial, or electronic including nude depictions of either gender in a sexual content.

Technology Usage Policy

All students and staff members who wish to use computers at American Prep must sign the technology usage agreement before they are eligible to utilize American Prep computers.

Valuables, Electronic Devices, and Games

It is not recommended that students or staff bring valuables onto the school campus. American Prep cannot be responsible for damage to or loss of cell phones or other valuable items. Electronic games and devices are not allowed at American Prep and will be confiscated by faculty if found on campus. Cell phones are distracting to our academic efforts at American Prep and can be impactful to our safe school culture. Students may not use their cell phones once they enter the school building and until they leave the building at the end of the day. In addition, students may not have their phones in their possession during the day and must leave their phones in their locker if they chose to bring them to school.  This policy extends to smartwatches when being used for texting or calling.

If a student is found using a cell phone in the building or has possession of a cell phone while in class, faculty will confiscate the phone and turn it in to the office. The following is the procedure to confiscate a cell phone from a student (even if the phone allegedly belongs to a friend):

1. The first time a phone is confiscated, the student may retrieve it from the office at the end of the day;

2. The second time a phone is confiscated, a parent or guardian must retrieve it from an administrator;

3. The third time a phone is confiscated, the school will hold it until the end of the year.

We recognize that cell phones are important and effective communication tools for parents and students.  Therefore, cell phones may be used after school to communicate with parents or transportation providers.  This communication must take place OUTSIDE on the pickup curb where there is adequate adult supervision, or if inside, in the presence of school staff.  This is so that we can ensure cell phones are not used to access the internet after school, in an unsupervised setting, where inappropriate content may be accessed and shared with other students. Students should not group together to watch videos or play games on electronic devices while waiting in carpool.  Students who are using their cell phone outside of these places after school (the carpool curb or in the presence of a staff member) will be given reminders.  Students who persist in using their phones after school outside the guideline may have their phone confiscated and a parent conference may be initiated. This policy extends to smartwatches, tablets, or any other internet accessing device when being used for activities like texting, calling, social media, internet browsing, etc.

K-6 Discipline Plan

Teachers in K-6 classrooms are responsible for teaching appropriate conduct and addressing unproductive behavior.  Teachers will follow American Prep’s CHAMPs program of positive motivation and explicit teaching to accomplish this.  Card charts will be utilized in grades K-6 to help students learn to manage their behavior.  Daily reports of the student’s behavior color will be sent home on the Learning Plan.

In the event a student’s behavior violates the Code of Conduct, the Teacher or the School Administrator may implement the Discipline Plan, and any of the following may occur:

·   Phone call home

·   Conference with parent and student

·   Parent Intervention (parent attends school with student)

·   Suspension (student does not attend school for a specified period of time)

·   Expulsion

Students who physically harm other students will not be allowed to remain in the classroom.

American Prep does not have a form of “in-school” suspension.  If a student is not able or allowed to attend class due to his/her inability to properly participate or as a result of a discipline referral, a Parent Intervention (see VI. Code of Conduct: Parent Intervention Guidelines) or a Suspension will occur.  

Secondary Discipline Plan

Generally Utilized Infraction Procedures

1. Student may receive a verbal warning from staff member who witnesses the infraction.

2. Staff member who witnesses the infraction will determine if an infraction referral is warranted.

3. If the infraction warrants a referral, the student will report to the Secondary Administration office to receive the referral form.

4. The staff member who witnessed the infraction will fill out the referral form and give it to Secondary Administration.

Referral Process

1. Administrative conference with student, contact parents - Parental support is vital to the success of the Code of Conduct as consequences out of school are often more effective in producing motivation than consequences imposed in school. It is the parent's role as the school's partner to have a home consequence prepared that will discourage the behavior from recurring.

2. Teaching and Instruction - The school provides to each family annually the Parent-Student Handbook, which contains the Code of Conduct.  Parents and students are asked to review the Handbook and sign the “Receipt of Handbook” demonstrating they have fulfilled this requirement.  The first step in the discipline process is conferencing with the student and reviewing the Code of Conduct to ensure the student knows and understands the violation of the Code of Conduct.

3. Application of Consequences

•   Student will make amends to those offended or impacted.  Amends may include verbal apologies, written apologies, restitution of property, and other amends as determined appropriate by the teacher or school administration.

•   First Offense:  Parent Intervention (parent attends school with student)

•   Second Offense:  Short-term suspension (1 day)

•   Third Offense:  Short-term suspension (3 days)

•   Fourth Offense:  Long-term suspension (10 days) and review of potential expulsion proceedings

Students who physically harm other students will not be allowed to remain in the classroom. American Prep does not have a form of “in-school” suspension. If a student is not able or allowed to attend class due to his/her inability to properly participate or as a result of a discipline referral, a Parent Intervention (Code of Conduct: Parent Intervention Guidelines) or a Suspension will occur.

 Parent Intervention Guidelines

Goals

Allow the parent the opportunity to view their student in their learning activities at school so they can provide the needed supports and structures at home to assist the student in finding success at school.

Engage the student’s parent to assist the student in learning:

1. How to stay focused on doing their best on all of their work.

2. How to be respectful to the teacher and focus on learning.

3. How to conduct themselves in an appropriate manner in each learning environment at school.

Review with the parent and student what is expected of the student at school each day:

1. Students at APA are expected to do their best on all work.  (“…ensure that every student achieves academic success...” See Mission Statement.)

2. Students are expected to respect the teacher and focus on learning. (“…provide an orderly, safe, and nurturing learning environment…” See Mission Statement.)

3. Students are expected to govern themselves and control themselves in all situations at school. (“…develops good character…” See Mission Statement.)

Parent’s Duties

1. Stay with the student at all times – sitting close to student desk during class time.

2. Re-direct the student back to learning whenever necessary.

3. Teach the student how to show respect to the teacher (i.e.:  eyes on the teacher, feet flat on the floor, mouth closed, hands on the desk, etc.)

4. Help the student to see the value in self-control and self-governance.  

5. Take any/all opportunities to teach correct behaviors during learning time, transitions, lunch, recess, etc.

6. Instill in their student the desire for success at school.

7. Parents should focus on their child’s behavior and not interfere with the teaching and learning environment.

At the end of the intervention, the teacher, student, and parent will meet to discuss the positive effects of the intervention and help the student set goals for a successful school year. If more coaching is needed, parents will be invited back to coach for an extended period of time.

Suspension and Expulsion Policy

Definitions

1. “Director” means the Director of American Preparatory Academy or his/her designee.
2. “Governing Board” means the Governing Board of American Preparatory Academy, which is the governing body that has authority under the law to suspend or expel students attending APA and to delegate this authority to a designee of the Governing Board’s choice.
3. “Disciplinary Committee” means a committee of five parents, chosen from among the parent volunteers listed as eligible by campus Administrators and annually reviewed by the Governing Board at American Preparatory Academy. 
4. “Expel,” “expulsion,” “expelled”, or another form of the foregoing means termination of educational services and removal from American Preparatory Academy. 
5. “Long-term suspension” means a suspension lasting longer than 10 days, but not removal from American Preparatory Academy.
6. “Parent” means the custodial parent(s) or guardian of a student attending American Preparatory Academy.
7. “School day” means a day in which school is scheduled to convene in regular session.
8. “Short-term suspension” means a suspension of 10 days or fewer.
9. “Student” means a student of American Preparatory Academy who is not disabled as that term is defined under Federal law.
10. “Disruptive Student Behavior” means any behaviors as defined in 53G-8-210 that are grounds for suspension or expulsion from school as well as behavior that does not warrant removal.
11. “Qualifying minor” means a school-age minor who is at least 9 years old or turns 9 years old at any time during the school year. 

When student behavior violates the Code of Conduct, the school administration may determine that a suspension or expulsion is warranted and necessary to successfully implement the mission of the school.  

Short-term Suspension

Delegation of Authority—The Governing Board delegates the authority to the Director to issue short-term suspensions.

Notice and Hearing—

1. the specific rule(s) in the student code of conduct that the student has allegedly violated; and
2. the specific conduct in which the student has engaged that violates the student code of conduct.

The Director shall make reasonable efforts to immediately notify the student’s parent regarding the allegations against the student and the time of the hearing.  However, if the Director is unable to contact the student’s parent, or if the student’s parent is unable to meet with the Director either in person or by telephone at the appointed time of the hearing, the hearing between the Director and the student shall proceed.  The Director, in his/her sole discretion, may convene the aforementioned hearing immediately after the alleged violation of the student code of conduct.

1. take time to prepare a defense
2. call witnesses to testify in their favor;
3. know the identity of or cross-examine witnesses who have complained against the student;
4. have counsel present; or
5. remain silent, such that a student’s refusal to speak may be interpreted as an admission of having engaged in the prohibited conduct.

1.  the student may not enter in or on the property of American Preparatory Academy, unless the Director grants prior approval;
2. the student’s absence from class will be considered unexcused; and
3. the student will be allowed to make up any work or tests missed during the short-term suspension, but such work may not be identical to that received by students attending class. (see Utah Code Ann. § 53G-8-208(1))

Long-term Suspension and Expulsion

Delegation of Authority

The Governing Board delegates authority to the Disciplinary Committee to have original jurisdiction over cases for long-term suspension and expulsion.  If the Disciplinary Committee finds against the student, such decision may be appealed to the Governing Board.  A student must exhaust his/her administrative remedies by appealing the Disciplinary Committee’s decision to the Governing Board before appealing to a court of competent jurisdiction the decision to expel or place the student on long-term suspension.

Notice

1. A clear statement of the school’s intent to consider disciplinary measures that may result in the long-term suspension or expulsion of the student; 
2. A clear statement of intent to hold a disciplinary hearing wherein further disciplinary action, up to and including expulsion, will be considered. The specific rule(s) in the student code of conduct that the student has allegedly violated;
3. the specific conduct in which the student has engaged that allegedly violates the student code of conduct;
4. the date, time, and place of the hearing, which shall take place no less than 5 school days from the date parents receive the written notice, unless the parents and the Director shall agree otherwise in writing;
5. a copy of the hearing procedures to be followed; and
6. a clear statement of the rights of the student and parent, which are:

1. the right to counsel, which the student must obtain at his/her own expense;
2. the right to present witnesses who voluntarily agree to testify in behalf of the accused student;
3. the right to have the hearing recorded;
4. the right to a fair hearing before an impartial panel of the Disciplinary Committee.

Emergency Suspensions and Expulsions

1. if the student commits any serious violation affecting another student or staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:

1. the possession, control, or actual or threatened use of a real weapon, explosive, or noxious, or flammable material;
2. the actual or threatened use of a look-alike weapon with intent to intimidate another person or to disrupt normal school activities; or
3. the sale, control, or distribution of a drug or controlled substance as defined in Utah Code Annotated § 58-37-2, an imitation controlled substance defined in Utah Code Annotated § 58-37b-2, or drug paraphernalia as defined in Utah Code Annotated § 58-37a-3; or
4. the destruction of school property, vandalism, graffiti, or etching as defined by Utah Code Annotated §76-6-107

2. if the student commits an act involving the use of force or the threatened use of force which if committed by an adult would be a felony or a class A misdemeanor.

1. within 10 school days after the expulsion, the student shall appear before the Disciplinary Committee accompanied by a parent or legal guardian to discuss what conditions must be met by the student and the parent in order for the student to return to school.  The provisions discussed above in subsection (a) of the Notice section do not apply to the cases described in this subsection;
   1. if the student should be placed on probation in a regular or alternative school setting consistent with Utah Code Annotated § 53G-8-208, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school in which the student is placed; and
   2. if it would be in the best interest of both APA and the student to modify the expulsion term to less than one-year, conditioned on approval by the Governing Board and giving highest priority to providing a safe school environment for all students.

Disruptive Behavior

Definitions

1. “Disruptive Student Behavior” means any behaviors as defined in 53G-8-210 that are grounds for suspension or expulsion from school as well as behavior that does not warrant removal
2. “Habitual Disruptive Behavior” means disruptive student behavior that has occurred six or more times, absent suspensions or expulsions, throughout the school year. Suspensions or Expulsions due to disruptive behavior may reduce the number of incidents required to qualify as habitual.
3. “Qualifying minor” means a student in 7th grade through 12th grade.

Notice of Disruptive Student Behavior

1. A notice of disruptive student behavior may be issued for a qualifying minor who:

1. engages in disruptive student behavior, that does not result in suspension or expulsion, three times during the school year; or
2. engages in disruptive student behavior, that results in suspension or expulsion, once during the school year;

2. A notice of Disruptive Student Behavior requires that the qualifying minor and a parent of the qualifying minor:

1. meet with school Administrators to discuss the qualifying minor's disruptive student behavior; and
2. cooperate with the local school board or charter school governing board in correcting the qualifying minor's disruptive student behavior; and
3. must be mailed by certified mail to, or served on, a parent of the qualifying minor.

3.  The student and/or parent may contest a Notice of Disruptive Student Behavior in the following manner:    
   1.  If the notice is written by an assistant administrator or another designee, the appeal is made to the principal;    
   2. If the notice is written by the principal, the appeal is made to the district coordinator assigned to that school.  
4. A school representative will provide to the student’s parent a list of resources available to assist the parent in resolving the student’s disruptive behavior problem.

Habitual Disruptive Student Behavior 

1. The Habitual Disruptive Student Behavior may only be issued to a student who has received a Notice of Disruptive Student Behavior and:    

a. engages in disruptive behavior (that does not result in suspension or expulsion) at least 6 times during the school year;    

b. engages in disruptive behavior that does not result in suspension or expulsion at least 3 times during the school year and engages in disruptive behavior that results in suspension or expulsion, at least once during the school year; or    

c. engages in disruptive behavior that results in suspension or expulsion, at least twice during the school year.

Hearing Procedures

1. During the hearing, the Director either in person or through his/her duly appointed representative shall bear the burden of proving, by a preponderance of the evidence, that the accused student perpetrated the violation of the code of student conduct for which long-term suspension or expulsion is sought.  Accordingly, the Director shall begin the proceedings by making a prima facia showing that the student violated the code of student conduct.

2. After the Director has rested, the Disciplinary Committee shall provide the accused student the opportunity to rebut the evidence provided by the Director.  At all times during the hearing, the Director carries the burden of persuasion.

3. The Disciplinary Committee’s decision may not be based entirely on hearsay, although hearsay evidence is admissible.  The Utah Rules of Evidence will not control the presentation of evidence at the hearing.  The presiding officer of the Disciplinary Committee has discretion to determine whether evidence is admissible.

4. After hearing all of the evidence, the Disciplinary Committee shall make a determination of whether to expel the student or place him/her on long-term suspension based solely on the evidence provided at the hearing and only for those charges alleged in the notice.

5. The Disciplinary Committee shall issue written findings of fact and conclusions of law that establish the basis for the decision.  If the Disciplinary Committee finds in favor of the student, the Director may not appeal the decision to the Governing Board.  If the Disciplinary Committee issues a decision to expel or place the student on long-term suspension, the student may appeal the decision to the Governing Board as discussed below.

Appeal to the Governing Board

1. If a student seeks to appeal the decision of the Disciplinary Committee to the Governing Board, the student must file his/her notice of appeal with the Governing Board within 10 school days after receiving the Disciplinary Committee’s decision.   
2. The notice of appeal shall contain a concise statement of reasons why the Disciplinary Committee’s decision was incorrect.  However, the student may not request a stay of the Disciplinary Committee’s decision.

3. If the student disputes the Disciplinary Committee’s findings of fact, the Governing Board shall exercise de novo review by issuing a formal notice to the student as stated in subsection (a) of the Notice section and by convening a hearing within 5 school days of the student receiving the aforementioned notice, unless the parties agree otherwise in writing.  The hearing shall follow the same procedures discussed above in the Hearing Procedure section.

4. If the student does not dispute the Disciplinary Committee’s findings of fact, but instead disputes only the Disciplinary Committee’s conclusions of law or the duration of the punishment, the Governing Board may provide the Director with the opportunity to respond in writing to the student’s statement of reasons, which response shall be served upon the student.  The Governing Board may review the submissions of the parties and the entire record before the Disciplinary Committee and issue a decision without a hearing.  Notwithstanding the foregoing, the Governing Board may, in its sole discretion, convene a hearing to address any matters the Governing Board deems necessary.  Prior to convening such a hearing, the Governing Board shall issue the student a notice as discussed in the Notice section and shall convene the hearing no later than 5 school days after the student received the notice, unless the parties agree otherwise in writing.

5. The Governing Board shall issue a written decision affirming or reversing the Disciplinary Committee’s decision.  If affirmed, the decision is the final decision of APA and may be appealed to a court of competent jurisdiction.

Effect of Long-term Suspension of Expulsion

1. If the student is suspended or expelled, the student may not enter into or upon the property of American Preparatory Academy without prior permission from the Director.  

2. If expelled or placed on long-term suspension, the student’s parent is solely responsible for undertaking an alternative education plan which will ensure that the student’s education continues during the period of suspension or expulsion.  The Director, or his/her designee, shall work with the parent of the suspended or expelled student to counsel the parent as to adequate alternative education options for the suspended or expelled student.  However, APA-will not provide the student placed on long-term suspension with the opportunity to make up work that the student missed during the duration of the suspension, and such absences resulting from suspension will be considered unexcused. 

3. The Governing Board shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the suspended or expelled student’s transcript.

4. The Governing Board or its designee shall contact the parent of the suspended or expelled student at least once a month to determine the student’s progress.

5. The Governing Board shall be responsible for making all reports required by the Utah State Office of Education regarding students who are suspended or expelled.

Policy References:
House Resolution 1; 2018: Urging Restorative Justice in Utah’s Education System
House Bill 239 Juvenile Justice Oversight Committee, School Offense Referral Guide, June 2018
House Bill 239; 2017: Juvenile Justice Amendments; House Bill 132; 2018: Juvenile Justice Modifications
Rule R277-609; 2018: Standards for LEA Discipline Plans and Emergency Safety Interventions
Utah Code 53G-6-403 (3) (b)) School Enrollment: Rules for Acceptance and Rejection of Applications, 2018
Utah Code 53G-8 Discipline and Safety, 2018
Utah Code 53G-8-209: Extracurricular Activities – Prohibited Conduct – Reporting of Violations…
Utah Code 53G-8-505-510: Substance Abuse Reporting and Weapons Notification
Utah Code 53G-9-604; Parental Notification of Certain Incidents and Threats Required, 2018
Utah Code 53E-3-509 Gang prevention and Intervention Policies, 2018
Utah Code 76-9-901 Prohibition of Gang Activity
Utah Code 76-10-105; 2017 Buying or Possessing a Cigar, Cigarette, Electronic Cigarette or Tobacco by a Minor
Utah Code 76-10-505.5; 2013 Possession of a Dangerous Weapon, Firearm, or Short-Barreled Shotgun