To:

Members, Board of Education

From:

Terry B. Grier, Ed.D.

Date:

September 8, 2006

RE:

First Reading - Policy JD, Student Discipline

The attached Policy JD, Student Discipline includes revisions brought to the board for first reading.

The Policy Governance Committee has reviewed information received at the North Carolina School Boards Association Fall Law Conference in October 2005 and additional information received at the July 2006 Policy Conference regarding this legislation. Additions to the existing Policy JD are recommended to comply with this legislation effective July 2006.

Background of the New Law

In July of 2005, the General Assembly enacted “An Act to Clarify the Permissible Use of Seclusion and Restraint in Public Schools and to Provide for Training in Management of Student Behavior (the Deborah Greenblatt Act)”, a 2005 NC Sess. Law 2005-205. This law was initially drafted and proposed by an ad hoc group made up of representatives of school groups and child advocacy groups. The bill was drafted in response to concerns expressed by North Carolina legislators and others about reports of the improper us of seclusion and restraint in the schools and the need for clarity on the parameters of the permissible use of force.

The policy statements in the new law include the following reasons for its adoption:

• To promote the safety and prevent harm to students, staff, and visitors in the public schools;
• To treat all public school students with dignity and respect in the delivery of discipline, use of physical restraint or seclusion, and use of reasonable force as permitted by law;
• To provide school staff with clear guidelines about what constitutes use of reasonable force permissible in North Carolina public schools;
• To improve student achievement, attendance, promotion and graduation rates by employing positive behavior interventions to address student behavior in a positive and safe manner; and
• To promote retention of valuable teachers and other school personnel by providing appropriate training in prescribed procedures, which address student behavior in a positive and safe manner.

RECOMMENDATION: The administration recommends the board accept Policy JD, Student Discipline, for first reading and direct the administration to receive input per the Board’s adoption policy (BD). During the review period, administration and staff will continue review of Administrative Procedure JD-P, Student Code of Conduct to determine any revisions/additions that may be required.

Attachment - Policy JD