STUDENT DUE PROCESS

ANNUAL PROFESSIONAL
LEARNING

Student Due Process, Alternative Education

Desired Outcomes
Participants will:

• Review updates from the Security Department

• Review Discipline Data Comparison

• Study the content and the reasons for the final policy changes

• Learn how to write a compliant suspension notice

• Review the procedures for returned suspension notices

• Review ACE Program, ALC and ISS

• Discuss the process to recommend long-term suspension and

assignment to an alternative learning program
 Security Department
• The role of SROs in student disciplinary
matters
• **Security Department is Your Primary
Support for Search and Seizure**
 SDP and Alternative Education Staff
Paul Koh – Assistant Superintendent Student Support Services
Dr. Paul Walker – Senior Director SDP and Alternative Education

Student Due Process Staff Alternative Education Staff

• Jamal Woods – • Ken Jorgensen – Director

Sr. Administrator
• Merri Dunn –
Compliance Specialist
• Lisha Stewart –
Compliance Specialist
• Ali Lewis – Data Analyst
• Kishia James – Counselor
• TBD – Transition
Counselor
• Juanita Dail – Data
Manager
Suspension Data
Philosophy of Student Discipline
• The Wake County Public School System is committed to
using its policies to ensure the fair and non-
discriminatory treatment of all students when making
disciplinary referrals and imposing disciplinary sanctions.
• The Board of Education urges schools to use non-
exclusionary measures when feasible and to reserve
exclusionary discipline for more serious misconduct.
• Except when a 365-day suspension recommendation is
required by federal law, the Code of Student Conduct,
authorizes, but does not require, the use of out-of-school
suspensions.
• The code is expected to promote positive behavior.
 Referral of Students for Discipline
Reasons
• Definition: Any “referral” of a discipline incident to an
authority outside of the classroom, typically a school
administrator, requesting discipline.
• This includes referrals that result in no discipline action,
non-exclusionary disciplinary action, or disciplinary
action that is not required to be reported to the state.
• “Referral” specifically does not include requests for non-
disciplinary supports or interventions.
• The discipline system (SIRS) is equipped to input
discipline referrals, as well as, incidents not resulting in a
referral to a school administrator.
Referral Information Required in SIRS
• With each referral, the information collected will include:
• The student being referred;
• Date of referral;
• Staff member making the referral;
• Staff member determining the sanction, if any;
• Rule violation(s);
• Description of the conduct that resulted in the referral (not merely identification of
the Rule violation);
• Sanction(s) imposed, if any;
• Length of sanction (if any) in number of days;
• Whether the student was “referred to law enforcement” as a result of the incident;
• Whether the student was arrested as a result of the incident;
• Whether the student was assigned to an Alternative Learning Center (ALC) or In-
School Suspension (ISS).
 Entering Discipline Into ECATS
• Student Incident Referral System (SIRS)
has a slightly new look

• Usability is not different from SIRS of the

past

• Do not train on the LIVE ECATS site; if

you want to train new teachers or new
admin, contact SDP and we will provide
you with access to a training site
 2019-2020 Policies and Procedures
“Red Book”
1. All “Red Books” can be used
2. Spiral bound book is “Administrator
Copy”
3. Quick Reference Guide bookmark

Call: 919-533-7761 or EXT 37761

Email: studentdueprocess@wcpss.net
Suspension Types – Short Version
• SHORT TERM SUSPENSION – Suspension from school ten
(10) days or less
• LONG TERM SUSPENSION – Suspension from school
eleven (11) or more days; principal makes recommended
length and is decided by the Superintendent / designee
• DISCIPLINARY REASSIGNMENT – A full time educational
program that meets academic requirements, provides
students with opportunity to continue to learn the standard
course of study; students are not considered Long Term
Suspended
• 365-DAY SUSPENSION – Imposed when a student has a
firearm or destructive device; term is for 365 calendar days;
recommended by the principal, decided by the superintendent
• EXPULSION – Indefinite removal from school enrollment
Level I - NEW
• Level I rule violations can generally be
addressed with non-disciplinary
interventions or non-exclusionary
discipline consequences.
• Except in the very limited circumstances
described in Rule II-20, Level I rule
violations may not result in out-of-school
suspension.
Level I - NEW
NEW!! NEW!! NEW!!
• L II-20 Repeated / Willful Violations of
Level I Rules
❖2 Day OSS when:
1 – Documented three prior violations of the
same Level I rule
2 – Non-disciplinary MTSS interventions
attempted and documented
3 – School administrator has warned student
and parents of possible OSS before the final
incident
Level II Review
• Level II rule violations…may warrant in-
school interventions or a short-term
suspension of up to five (5) school days,
as appropriate. Principals may
impose…six (6) to ten (10) days or
recommend a long-term suspension…
based on aggravating factors… (Pg.6)
Level III Review
• Level III rule violations…may support long-
term suspension. …may impose a short-term
suspension of ten (10) days or less…based
on mitigating factors. (Pg. 6)

• SIRS Action (1-10 days): “Level III Short-

Term based on Mitigating Factors”

• SIRS Action (11+days):

“ST/Recommendation for LT”
Level IV Review
• Level IV rule violation compromises the
safety and welfare of students and staff and
requires a suspension under N.C. General
Statute.

**A violation of the Firearm/Destructive

Device rule is the only rule violation where you
must suspend a student.**
 Rules of Conduct (ROC) Changes
• Old L I-1 Noncompliance

• New L I-1 Compliance with Directives

❖Student shall comply with all lawful and
reasonable directives of school
employees
*Must be during a specific incident, not insubordinate to
directions given at the beginning of the year or at another
time.

*Do not add to every suspension

 ROC Changes
• Old L I-2 Disrespect

• New L I-2 Mutual Respect

❖Mutual respect is expected between
students and staff
 ROC Changes
• Old L I-4 Inappropriate Language

• New L I-4 Appropriate Language

❖If such language is directed at a school
employee, volunteer, visitor or other
student, treat as if Rule L I-2
 ROC Changes
• Old L I-5 Inappropriate Dress

• New L I-5 Student Dress Code

❖Separate Policy 4316
 ROC Changes
• Old L I-8 Tobacco

• New L I-8 Tobacco, Vaporizers and

Nicotine Products
❖References the Board’s “Tobacco and
Nicotine Product” policy; prohibits the
use of vaporizers and the liquid used in
vaporizers even if they do not contain
nicotine
 ROC Changes
NEW!! NEW!! NEW!!
• L I-10 Integrity
❖Students are expected to be honest
❖Lying, intentionally misleading, or
actively concealing the truth are
prohibited
 ROC Changes
NEW!! NEW!! NEW!!
• L I-11 Honor Code
❖Students are expected to adhere to the
academic Honor Code policy; stand-
alone policy 4310; serious violations
result in treating it like Rule LII-1
Falsification or Deceit
 ROC Changes
• Old L II-1 – Integrity

• New L II-1 Falsification or Deceit

❖Intentional acts…that threaten the health,
safety and welfare of others or cause a
substantial detrimental impact on school
operations or other individuals
 ROC Changes
• Old L II-3 Violation of Computer Access

• New L II-3 Hacking and Unauthorized

Computer Access
❖Change to the title of the rule; language
of the rule provides greater clarity to the
meaning
 ROC Changes
• Old L II-4 Disruptive Behavior
• New L II-4 Substantially Disruptive or
Dangerous Behavior – Students will not make
oral or written statements or intentionally engage
in conduct that, (1) despite efforts by staff to
intervene or redirect the behavior, substantially
disrupts the educational environment or (2)
threatens the health, safety, or welfare of staff or
students. Words or conduct that would otherwise
be a level I violation…may also constitute a
violation of this Level II rule if they…
 Substantially Disruptive or
Dangerous Behavior cont’d
…(1) persist directly following attempts by staff to
intervene or redirect the behavior and substantially
disrupt teaching, learning, or the orderly conduct of
school activities; or (2) inherently threaten the health,
safety, or welfare of staff or students. Examples may
include, but are not limited to, continuing to shout or use
profanity after the intervention or redirection; loudly or
persistently interrupting classroom instruction after
intervention or redirection; continuing to engage in
disruptive rough-housing or horseplay after intervention
or redirection or in a manner that is reasonably likely to
cause injury; or throwing objects after intervention or
redirection or in a manner that is reasonably likely to
cause injury.
 ROC Changes
• Old L II-6 False Fire Alarm

• New L II-6 False Fire Alarm or Reported

Emergency
❖Change in title of rule, language of the
rule remains the same
 ROC Changes
• Old L II-10 Extortion

• New L II-10 Extortion

❖ Rule title remains the same, adds “…or
compel another person to take action or
refrain from action against that person’s
will be means of force, intimidation or
threat.”
 ROC Update
• L II-12 Harassment/Bullying … any pattern
or single incident that places a student in
reasonable fear or creates a hostile
environment interfering with educational
opportunities. (Pg. 35-40)
• Supporting Resources

• SIRS – Must identify offender AND victim

and select bullying types for both
 ROC Changes
• Old L II-16 Failure to Report Firearm

• New L II-16 Report Firearm or Destructive

Device
❖Title change and “ ‘firearm’ and
‘destructive device’ as defined by Rule IV-
1” is added to the language of the rule
 ROC Changes
• Old L II-17 Hazing

• New L II-17 Hazing

❖Minor grammatical and syntax changes
❖Used when activity is not gang-related
 ROC Changes
• Old L II-18 Search and Seizure

• New L II-18 Search and Seizure

❖Student electronic device allowed to be
searched – cell phone, tablet, laptop, etc.
 ROC Changes
• Old L III-8 Bomb Threat: Aiding and
Abetting

• New L III-8 Threats of Mass Violence

❖Brand new language for this rule

• Note: L III-9 Acts of Terror was removed

and encumbered in L III-8
 Providing Due Process
• Investigate
• Confront
• Student response
• Decision to suspend
• Notify parent and student
• Suspension and Appeal Paperwork must be timely
• If suspension notice is not created, it is not provided
to parent = BIG PROBLEM
• Students should not be suspended until investigation
is complete
• Utilize ALC/ISS until a decision is reached
Principal’s Determination to Suspend
• Policy & state law place that decision with
the Principal or designee.

• If you choose to suspend, do not tell a

parent that you are “following policy” as
the reason for suspension. Policy supports
suspension.

• The only mandatory suspension is:

L IV-1 Firearm/Destructive Device
 Writing a Suspension – “Describe
the Nature of the Alleged Offense”
Remember, other people will see this legal document,
so…

• Use proper writing conventions: complete sentences,

standard grammar, correct punctuation, use spell
check, write in 3rd person

• The student’s specific role and conduct should be

explicitly stated and individualized

• Keep emotions out of it—maintain investigating

administrator objectivity
 Writing a Suspension - Names
• Use only 1st names

• Use 1st initial of last name if another student with same

first name is involved

• For safety concerns, limit use of other student names

(i.e. a witness/witnesses reported, the other student,
etc.)

• If first name is different from what is listed on the

suspension notice, at first, use given name in
parentheses i.e. Jack (Jonathan)
 Writing a Suspension - Rules
For All Suspensions
– Include rule violations that are most critical

– If a single rule violation supports the suspension, there are no more

needed…especially adding numerous Level 1 rules

– If ALL rule violations are not supported in the narrative, it

will result in a returned suspension from SDP

If Recommending a Long-Term Suspension

– SDP may suggest an additional rule violation to an LTS when
needed
Example: anchor for LTS add L II-15 to L III-4 or L III-5 Assault Charge
Reasons for Returned
Notice of Suspensions
 Reasons for Returned
Notice of Suspension
• “Describe the Nature of the Alleged Offense”
was copied and pasted from the teacher’s
incident narrative
• Not written in 3rd person, from the
administrator, after investigation and providing
due process
• Narrative doesn’t make sense
• “Describe the Nature of the Alleged Offense”
does not clearly explain ALL charged rule
violations
• Wrong rule violation
 Reasons for Returned
Notice of Suspension
• Incident date does not match date in
description
• Beginning date is incorrect
➢ if sent home or picked up during the day, that day is beginning
date of suspension
• Names – too many, incorrect, used nicknames only,
no offender name listed “Student”
• Stating what will happen if there are future rule
violations
• Mentioning student’s disability or medical status
• Mentioning another student’s consequences
 Importance of Correcting a
Returned Suspension
• A returned suspension is Out of
Compliance
❖Various stake holders will be reading YOUR
suspension documents
❖SDP will not return for suggestions…only
items that MUST be corrected
• Corrections must be made ASAP and the
family informed with an updated version
If Suspension is Returned for
Corrections
To View Message and Requested
Correction
 Actual Message
• das
 Expungement of Out-of-School
Suspensions

• Policy 4345: An expungement may only occur

with a suspension of over 10 days (an official long-
term suspension) or an official expulsion.
• School Administrators cannot promise and/or
authorize an expunction of a suspension record.
• With SDP guidance and based on specific criteria,
only the superintendent or Board of Education can
expunge a record of suspension.
 Appeal of a Standard Short-Term
Suspension

• Policy 4300 (Part B, #6): A student is not entitled to appeal the

principal’s decision to impose a short-term suspension to the
superintendent or Board of Education. A student or parent who
objects to the short-term suspension may access the Board’s
general complaint policy (1742/5060).

• Policy 1742/5060 Responding to Complaints: If the parent wants

to file an official complaint regarding your decision to suspend,
please direct them to the complaint policy and the school must
clarify the names and contact information of the designees.
Release of Student Discipline Records

• Policy 4700: School system officials shall promptly release student

records when a student transfers to another school.

• Policy 4345: Confidential student records concerning conduct that

posed a significant safety risk to the student or others in the school
community only may be disclosed to teachers and school officials
(and other schools) who have legitimate educational interests in the
behavior of the student.

• SDP will send all official discipline records requests.

 Serious Threats FERPA Exception
• Policy 4700: Share student names/perpetrator to appropriate
persons in connection with an emergency, if the release of the
information is necessary to protect the health or safety of the student
or other persons. This is the exception to FERPA

• Disclosure of the information to parents is necessary to respond to

the threat

• Do not share disciplinary consequences

• Always call SDP about these cases since each situation has varying
circumstances (friends over house example)
Bus Drivers and Transportation Officials
• Transportation staff may report student conduct incidents to school
administrators but do not have the authority to make disciplinary
referrals.

• School administrators are solely responsible for initiating referrals

and determining disciplinary actions for student conduct incidents
reported by transportation staff.
1. Discipline Status Enrollment Form
• Students transferring into or requesting re-enrollment in the Wake
County Public Schools System must complete this form. This form
should not be given to students who are immediately returning from
suspension.

• To deny, the school administrator must sign the form, due to specific
knowledge and/or evidence that suggests that:
– The student is currently under suspension
– An expulsion has been imposed
– Conviction of a felony

• Admission may be denied, or conditions imposed until the term of

suspension has expired
2. Discipline Status Enrollment Form
• If denying, the school administrator will explain to the
guardian the reasons for this preliminarily denial of admission.

• SDP will research whether the reasons to deny are compliant.

• The Alternative Education (AE) office will contact the parent

and provide them an opportunity to share mitigating factors

• AE will bring the case to DRC and that committee will make
the final decision.

• AE will inform all stakeholders of the decision

 NCLB/ESSA Transfers
• Based on the school administrator’s written description of an
incident, the Security Department will determine if the case
will be coded to offer a transfer

• SDP will provide language to the principal and documentation

to initiate the offer to transfer

• Student Assignment determines which school is offered of

the transfer

• The parent informs SDP/school of whether they will accept

the transfer
Administrative Transfers for Students

• This is a function of the Office of Student Assignment

• It is considered an involuntary transfer

• SA will provide you with a form to complete and your

area superintendent will be involved
Violation of L III-1
(Narcotics, Alcoholic Beverages,
Controlled Substances, Chemicals,
& Drug Paraphernalia)
School administrators
do not have to
recommend an out of
school suspension
when student(s) violate
L III-1 Rule
Alternative Counseling and
Education Program
(Secondary Schools)
Student Due Process Handbook (pp. 20-22)
ACE 1 Program ACE 2 Program
Parent Communication is Critical to
Get Student Back in School
• ACE Enrollment by • No ACE Enrollment by
• Day 5 / Day 10 = • 10th Day / ACE Decline =
• Return to School • Enroll in ALP

Report to
ALP
Receiving and Sending ACE Forms
• Send Participation Agreement forms to AE Fax #
as soon as received

• Possibly, designate one (1) Point of Contact to

receive ACE forms

• This may help you as a school administrator who

is extremely busy as well as families…
Old Location to New Location
ECATS_ACE Forms
✓ACE Packet

✓ACE Hardship *Documents will be on the

Welcome Page of ECATS under
Request the Documents Section…

*All administrators will receive

an email from Kishia James
✓Outside after the launch of ECATS.
Vendor
Application
 ACE Procedures for Non-Compliance
• Non-Compliance determined by AE, not the provider/school…

• AE reviews the Recommendation of Non-Compliance Form

• AE will contact family to investigate the Non-Compliance

✓If student is Non-Compliant with ACE…

✓AE enters information in ECATS

✓AE will send to both Principals (Base School & ALP) and Assistant
Principal along with both Data Managers about the assignment

✓School will communicate with family regarding the assignment to

ALP for smooth transition to the ALP
 Who To Contact
Student Due Process (SDP)
• Questions about
– policy violations,
– due process and
investigation,
– writing the suspension for
ACE 1 or ACE 2, previous
L III-1
• Once the suspension is
finalized by SDP, all questions
go to AE.
Alternative Education (AE)
• Kishia James at
919-694-0595 or
kjames2@wcpss.net
• Send Participation Agreement Form to
correct fax number 919-694-8928 or
email to K. James
• Questions from Parents about ACE
• Compliance or Non-Compliance of ACE
Program
• ACE Hardship Request Form or
Outside Vendor Application
FRIENDLY REMINDERS!
• Old ACE Packets need to be
DISCARDED…

NEW FAX NUMBER is

919-694-8928!!!

• If parent declines ACE in your

office, please send the form
immediately to AE

• Participation Agreement Form

must be received by school
prior to student returning AND
completed form should be
sent to AE ASAP
 ACE
Questions
 Alternative in Lieu of LTS
Pg. 27
• Students who are recommended for LTS shall
be assigned to an alternative…
• 99% of the time a student is assigned to an
alternative such as Connections, SCORE or
SPED ALP. Students in these programs are
not long-term suspended.
• The student’s record will reflect a short-term
suspension
• Be mindful of any language that asserts that
students have been long-term suspended
 Recommendation For LTS and Assignment to ALP Process

ALP Data Official:

Principal: ALP Official: Ensures student is
(1) Investigates (1) Reviews "ALP" unenrolled and assigned
ECATS Updated to the ALP prior to day
Incident 11
Student Assigned List
(2) RLTS in ECATS Despite possible
(2) Contacts Parent
appeal, student should
(3) Provides appeal about Enrollment still be enrolled by day
opportunity. Procedures 11

SDP: AE: ALP Official:

(1) Inputs DRC decision into ECATS Chooses "Enroll" in the
Collabrate with system
school--narrative (2) Sends letter to parent (3) If DRC
must support rule decision is different than principal's All students will eventually
recommendation: Email principal be listed as "Enrolled" and
violations for
the decision "Participating" in ECATS
compliance

DRC meets weekly to discuss

(1) SDP confirms suspensions and decides:
suspension notice
1. Impose LTS (Determines length) AE notifies SDP if a LTS is to be
(2) Populates to issued due to student not enrolled
ECATS - DRC for a 2. Interrupt LTS and Assign ALP
(Determines Length) in a timely manner
decision
3. Maintain STS
 Review of ALC, ISS, and ALP –
Dates of Reporting Requirements:
• July 1, 2019 – Status report on its progress with
conducting the review

• December 1, 2019 – Documentation of completed review

and any revisions to procedures that may need
implemented

• April 1, 2020 – Provide training to all school-based

administrators on revised procedures for assigning
students to ALCs and ALPs as a disciplinary
consequence
 Review of ALC, ISS, and ALP –
Components of Review
• Survey of principals – May 9, 2019 Principal’s Meeting
• UNC-C longitudinal data on students assigned to ALC and ALPs
• Hiring a new position of Transition Counselor to support the initiative
• On-site observations at all MS and HS ALCs and ALPs
• Ensure action steps in the Comprehensive Plan for Equitable
Discipline Practices are implemented and monitored
• Utilize the Data, Research, and Accountability’s 2015-2016 review of
ALCs
 Review of ALC, ISS, and ALP
Continued:
• Assignment procedures of students to ALCs and ALPs
as a disciplinary consequence including:
– Appropriate circumstances for an assignment
– Potential length of assignment
– Parental consent requirements
– Educational and behavioral services and supports
provided
– Exit criteria
– Distinction between ALC and ISS
What to expect from AE Team in Fall
Semester
• Email to principals getting contact information of
ALC and ISS teacher and room #’s

• Observation of ALC and ISS program

• Survey of ALC teachers

• Interview of principal and/or ALC teacher

 ALC and ISS ECATS/SIRS Entry
• Administrators MUST enter all ALC and ISS assignments
for disciplinary reasons into ECATS/SIRS including
Elementary School

• Must include the length of assignment and ROC violation

• Do not enter ALC placements for academic reasons

• Do not utilize Oasis for disciplinary assignments…Must

be in ECATS/SIRS
 THANKS YOU FOR ALL YOU DO!

THANK YOU FOR COMING!!

Email: studentdueprocess@wcpss.net
Phone: 919-533-7761 or ext. 37761