DISCIPLINE – AUTHORITY

• Who has the overall discipline authority in schools?
  • In an Alaskan public school, the superintendent or principal may suspend a pupil under the provisions of AS 14.30.045, and the pupil may be reinstated by the superintendent, principal, or by the school board. Expulsion or denial of admission of a pupil, however, shall be only upon the action of the governing school board in a district school. 4 AAC 06.060.
  • Otherwise, each school district must develop its own policies about student rights and responsibilities, including policies relating to routine or serious discipline and who has the authority within schools. Alaska Admin. Code tit. 4 § 07.010(a).

• Student Discipline Policies

  Each school district is responsible for developing its own policies and procedures about discipline in a written School Disciplinary and Safety Program. Alaska Stat. § 14.33.120(a); Alaska Admin. Code tit. 4, § 07.010.

  The purpose of the School Disciplinary and Safety Program is to implement and maintain community-based standards of school behavior that are developed by students, parents, teachers, school administrators and the community.  This program must include written standards for student behavior and safety that reflect community standards and that include, at a minimum:

  • basic requirements for respect and honesty;
  • standards relating to when a teacher is authorized to remove a student from the classroom;
  • procedures for notifying teachers of dangerous students;
  • standards relating to when a teacher, teacher’s assistant, or other person responsible for students is authorized to use reasonable and appropriate force to maintain classroom safety and discipline;
  • policies necessary to comply with the state and federal law, including the individuals with Disabilities Education Act;
  • standards to address needs of students for whom mental health or substance abuse may be a contributing factor to noncompliance with the school disciplinary and safety program;
  • policies for implementing a student conflict resolution strategy, including the nonviolent resolution or mediation of conflicts and procedures for reporting and resolving conflicts; and procedures for periodic review and revision of the school disciplinary and safety program.
  • policies and procedures that remain constant with standards for use of restraint and seclusion students.  AS 14.33.110 – 140.

DISCIPLINARY ACTIONS

• What type of discipline is permitted?

  Under the School Disciplinary and Safety Program, each school district must implement and maintain community-based standards of school behavior and discipline policies.  Specific policies are developed at the community level.  AS 14.33.110 – 140.

  However, Alaska law puts restrictions on the school district’s ability to use physical punishment or student restraint or seclusion as a form of discipline.

  • Corporal punishment is prohibited.  Alaska Admin. Code tit. 4, § 07.010(c).
  • Physical restraint or seclusion of a student is only allowed if:
    • The student’s behavior poses an immediate danger of physical injury to the student or another person;
    • Other methods would be unsuccessful at preventing the immediate physical injury to the student or another person;
    • The person using physical restraint or seclusion continues to monitor the student in face-to-face contact, or, if face-to-face contact is unsafe, by direct continuous visual contact;
    • The person using physical restraint or seclusion has received training in crisis intervention, de-escalation, and restraint techniques (unless a trained person is not available and the situation is an emergency); and
    • The restraint or seclusion is ended as soon as there is no longer a threat of physical injury to the student or others.

  Alaska Stat. § 14.33.125(a)-(b).

  • Additionally, chemical restraints, mechanical restraints, and restraints that restrict the student’s breathing are not allowed, and each use of physical restraint or seclusion must be documented, reported, and reviewed. Alaska Stat. § 14.33.125(c)-(f).

DETENTION

• What is detention and when is it permitted?

  There are no state laws or regulations discussing detention.  Detention policies would be covered in a school district’s student discipline policies.

SUSPENSION

• What is the difference between suspension and expulsion?
  • Suspension is generally the temporary prohibition of a student from attending school or school activities on the school grounds or from participating in school-related or supervised activities on or off the school grounds.
  • Expulsion is generally the longer-term (for example, for the school year) or permanent denial of admission to school of a student, and includes a prohibition on attending school activities on school grounds, and on participating in school-related or school-supervised activities on or off school grounds

• Under what circumstances can a student be suspended?
  • A student may be suspended only for the following:
    • continued willful disobedience or open and persistent defiance of reasonable school authority;
    • behavior that is inimical to the welfare, safety, or morals of other pupils or a person employed or volunteering at the school;
    • a physical or mental condition that in the opinion of a competent medical authority will render the child unable to reasonably benefit from the programs available;
    • a physical or mental condition that in the opinion of a competent medical authority will cause the attendance of the child to be inimical to the welfare of other pupils;
    • conviction of a felony that the governing body of the district determines will cause the attendance of the child to be inimical to the welfare or education of other pupils.  AS 14.30.045.
  • A school district must suspend a student for a minimum of 30 days, and may expel a student for the school year or permanently, if the student possesses a deadly weapon on school grounds, on a school bus or at a school event.  If the weapon is a firearm, the student must be expelled for a minimum of one year.
    • The administrative officer of a school district has the authority to reduce or modify the suspension or expulsion described above, on a case-by-case basis.

  Alaska Stat. § 14.03.160(a)-(b).

• What are the types of suspension and the processes for each?

  Alaska statutes and regulations do not specify types of suspensions.  Individual school districts may provide for in-school and out-of-school suspensions.  In general, in-school suspension removes the student from the school social scene while still requiring him/her to maintain the same basic school day schedule and to keep up with required academic assignments.  Definitions of the various disciplinary actions, and the authority and grounds for imposing discipline are specified in individual school board policy.

• What is the procedure for appealing a suspension?

  Alaska statutes and regulations do not codify the procedure for appealing a suspension. Individual school board policy would specify the applicable procedures.

EXPULSION

• Under what circumstances can a student be expelled?
  • A student may be suspended or “denied admission” only for the following:
    • continued willful disobedience or open and constant defiance of reasonable school authority;
    • behavior that is harmful to the wellbeing, safety, or morals of other pupils, employees, or volunteers at the school.
    • a physical or mental condition that prevents a child from reasonably benefiting from available programs or is harmful to the wellbeing of other students;
    • conviction of a felony that means that the child’s attendance would be harmful to the wellbeing or education of other students.
      Alaska Stat. § 14.30.045
  • If the student possesses a firearm on school grounds, on a school bus or at a school event, the student must be expelled for a minimum of one year.
    • The administrative officer of a school district has the authority to reduce or modify the expulsion described above, on a case-by-case basis.
  •  Only the governing school board of the school district may take action to expel or deny admission to a student. Alaska Admin. Code tit. 4, § 06.060.

• What notice is the student and parent entitled to if the principal recommends expulsion?
  There are no state laws or regulations specifically discussing what notice is required to the student and parent if the principal recommends expulsion; however, students, parents, and legal counsel do have a right to be heard if expulsion is recommended, as discussed below.  This issue would most likely be covered in a school district’s local policies.

• What is the procedure for an expulsion?
  • A student may be expelled from the District schools only if the governing school board takes action.  Alaska Admin. Code tit. 4, § 06.060.
  • Specific details about the process of expulsion are covered in individual school districts’ policies.

• What is the expulsion hearing process?

  As stated under AR 5144.1 above, the expulsion hearing process procedures are specified in the various school board policies of Alaska.  This issue would most likely be covered in a school district’s local policies.

• What is the procedure for appealing an expulsion?

  There are no state laws or regulations discussing the procedure for appealing an expulsion.  This issue is covered by the various school districts’ local policies.

• What is the process to petition for readmission to school?

  A child who has been suspended from or denied admittance to a school for any other cause provided by AS 14.30.045 shall be permitted to attend school when it reasonably appears that the cause has been remedied.  AS 14.30.047.

• May a student who has been expelled from school move to another county and enroll in a school in the new county?

  There are no state laws or regulations discussing whether a student who has been expelled from school move to another county and enroll in a school in the new county.  This issue would most likely be covered in a school district’s local policies.

ZERO TOLERANCE POLICIES

• What does “zero tolerance” mean?
  • “Zero tolerance” refers to the practice of automatic expulsion of students for violations of school safety rules.  These policies were originally intended to apply only to serious criminal behavior involving firearms or illegal drugs, but have since been extended to cover many more types of behavior and circumstances.

  • Alaska does not have a true “zero tolerance” policy, but following the Gun-Free Schools Act of 1994 (18 U.S.C. 921) it enacted  “Suspension or Expulsion of Students for Possessing Weapons” (AS 14.03.160).  This statute states that a school district shall expel for at least one year a student who knowingly possesses a firearm on school premises, but that the administrative officer of the school may reduce or modify the expulsion on a case-by-case basis.  AS 14.03.160.

CORPORAL PUNISHMENT

• Is Corporal punishment at schools permitted?
  • No.  The use of corporal punishment is prohibited in Alaska’s schools. 4 AAC 07.010. Corporal punishment is defined as the application of physical force to the body of a student for disciplinary purposes.

  • Alaska requires school districts to adopt standards relating to when a teacher, teacher’s assistant, or other person responsible for students is authorized to use reasonable and appropriate force to maintain classroom safety and discipline. That statute provides for the use by a supervising teacher of reasonable and appropriate nondeadly force if authorized by school regulations adopted by the Regional School Board.  AK 11.81.430, 4 AAC 07.900, AS 11.81.430.

BULLYING

• Is there a state policy on bullying?

  Definition of bullying: In AS 14.33.200 – 14.33.250,
  (2) “harassment, intimidation, or bullying” means an intentional written, oral, or physical act, when the act is undertaken with the intent of threatening, intimidating, harassing, or frightening the student, and
  (A) physically harms the student or damages the student’s property;
  (B) has the effect of substantially interfering with the student’s education;
  (C) is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
  (D) has the effect of substantially disrupting the orderly operation of the school;
  (3) “school official” means an employee of a school, including a teacher, administrator, or noncertificated support staff or paraprofessional.

HAZING

• Is there a state policy on hazing?
  • There are no state laws or regulations discussing hazing.  This issue is covered in the individual school district’s local policies.

  • Anchorage, for example, covers hazing in its school policies (sections 456 and 457 at http://www.asdk12.org/school_board/policy/400policy.asp) when it discusses extracurricular activities and clubs.  It also requires students to agree to a “Hazing Pledge” when they sign their High School Athletic/Activity Participation Form.  This pledge reads “I promise to not be involved in any hazing/harassment incident, no matter how minor it may seem, and to do everything in my power to help my team/school achieve the goal of a hazing/harassment-free year.  I understand that I may be suspended or expelled from my team and/or school for any incident in which I have participated or been an idle witness. I understand that by signing this agreement, I agree to abide by these policies for as long as I participate in activities/athletics in the Anchorage School District.” http://www.asdk12.org/forms/uploads/HSactivity_Part.pdf

DRESS CODES

• Are there dress code requirements for schools?

  Dress codes vary from school to school.

• Can school uniforms be required?
  Yes, uniforms can be required.

ENGLISH LANGUAGE LEARNERS (ELL)

• Who is considered an ELL?
  • In Alaska, ELL students are referred to as Limited English Proficient (“LEP”) students in both the state regulations as well as by the Alaska Department of Education and Early Development.  Alaska Administrative Code 4 AAC 34.090 (a)(2) defines LEP students in the following manner:
    • “Limited English Proficient Pupil” or “LEP pupil” means an individual: (A) who is between 3 and 21 years old;  (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) who falls into one or more of the following categories of individuals: (i) an individual not born in the United States or whose native language is a language other than English; (ii) an American Indian, Alaska Native, or native resident of the outlying areas, who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; and  (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the (i) ability to obtain a proficiency level of proficient or advanced on the state assessments in reading and writing or in reading and language arts; (ii) ability to successfully achieve in classrooms where the language of instruction is English; or (iii) opportunity to participate fully in society.

• How are ELLs identified? What is the assessment test used for ELL?
  • Districts must develop a screening process to find potential LEP students, diagnose them to determine their level of English language proficiency, and formally identify those students as LEP who are not proficient in one or more of the four domains of listening, speaking, reading, and writing in English.

  • Students who may be limited English proficient are tested for English language proficiency when they first enter school using the WIDA-ACCESS Placement Test.  The results of the test help determine what kind of English language support is needed for the students to progress in school.
    • Incoming kindergartners and older students new to the district who are potentially LEP must be screened and identified as soon as possible after enrolling, and within 30 days of the beginning of the school year if enrolled at the beginning of the year.

  • In addition to an initial assessment for identification and program placement, all identified LEP students must be assessed annually for English language proficiency in four domains: listening, speaking, reading, and writing. Beginning in 2011-2012, Alaska’s assessment of English language proficiency is the ACCESS for ELLs®, which stands for Assessing Comprehension and Communication in English State-to-State for English Language Learners.

• What instructional programs are available for ELLs?
  Each school district that enrolls limited English proficient (LEP) students is responsible for taking appropriate steps to develop the students’ English-language skills and to provide them meaningful participation in the school district’s academic program consistent with applicable state and federal standards. In addition, each school district with a school that is attended by at least eight LEP students shall file a plan of service.  Alaska Administrative Code 4 AAC 34.055

• Parent Involvement
  • Parents must be notified within 30 days of the start of the school year that their student has been identified as LEP. If a student enrolled after the start of the school year, the notification must be within two weeks after placement in an LEP program.  The notification must include:
    • the reasons for identification;
    • the level of English proficiency, how it was assessed, and the status of the child’s academic achievement;
    • the methods of instruction to be used in the English language acquisition program;
    • how the program will meet the educational strengths and needs of the child;
    • how the program will help their child learn English and meet academic achievement standards for grade promotion and graduation;
    • the exit requirements for the program, the expected rate of transition from the program into classrooms not tailored for limited English proficient children, and the expected rate of graduation from secondary school;
    • in the case of a child with a disability, how the program meets the objectives of the IEP of the child; and
    • information about their parental rights to withdraw their child from the program, to decline to have their child enrolled in the program or to choose another program or method if available, and information to assist parents in selecting among various programs if more than one is available.

• Native Language Education
  • Districts must create a local Native language curriculum advisory board for each school in which most of the students are Alaska Natives. For schools with any Alaska Native students (but less than a majority), districts may create a local Native language curriculum advisory board.  If the local Native language curriculum advisory board suggests the creation of a Native language education curriculum for a school, the school board may create one.
    • The program, if created, must include Native languages traditionally spoken in the community in which the school is located.
    • The program, if created, must be implemented as part of regular classroom studies.

  Alaska Stat. § 14.30.420.