Los Angeles Academy of Arts and Enterprise Student & Family Handbook 2015-2016


C. Positive Behavior intervention support (PBIS) Program



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C. Positive Behavior intervention support (PBIS) Program

LAAAE has a proactive Positive Behavior Support System (PBIS), which reinforces students to follow the school’s expectations. Specifically, Los Angeles Academy of Arts and Enterprise implements a schoolwide positive behavior and intervention and support (PBIS) program called TEAM(LAAAE). School level practices also include: teaching school rules and social emotional skills; reinforcing appropriate student behavior; using effective classroom management and positive behavior support strategies by providing early intervention for misconduct and appropriate use of consequences. Serving as examples, faculty and staff model community norms, including treating others with respect, appreciating differences, finding peaceful solutions, showing empathy and compassion, and defending the rights of others.


Expected student behaviors are rewarded with points which students can redeem for prizes. Students earn points by simply following the school’s 4 P’s model by being: Prompt, Prepared, Productive, and Polite. Teachers and out of the classroom personnel have access to reward points to students who demonstrate these expectations. In turn, students can redeem their points to purchase a variety of prizes. At the end of each semester (fall and spring) LAAAE will have a grand prize for a middle and high school student. The students that have earned the highest amount of points throughout each semester will be automatically entered into a drawing for the grand prize. 
The program aims to reduce tardies, increase attendance, and improve school climate and culture through a multi-tiered system of academic, social, and behavioral supports to address students’ attendance, behavioral, and academic needs. Through positive reinforcement, PBIS is intended to mitigate punitive approaches that infringe on instructional time. Staff shall enforce disciplinary rules and procedures fairly and consistently among all students. Staff are trained and annually review de-escalation strategies for students in crises. These strategies focus on developing relationships with students, identifying and avoiding, when possible, triggers for undesirable behavior, and stabilize students who have been triggered safely.

D. CELL PHONE AND ELECTRONIC DEVICE POLICY

Students are to be responsible for their own possessions. The school takes no responsibility for electronic devices brought to campus. A cell phone or an electronic device may be confiscated, if used on campus during unauthorized times (during instructional time, hallways included and after-school program), unless given permission by a school personnel.


The Cell Phone and Electronic Device Policy is as follows:


      • First Offense: Provide warning to put the cell phone or electronic device away. (School member can exercise the second offense at their own discretion after the first offense has been administered repeatedly).

      • Second Offense: The cell phone or electronic device will be confiscated and will be stored by the teacher or staff member until the end of the same instructional period. (School member can exercise the third offense at their own discretion after the second offense has been administered repeatedly).

      • Third Offense: The cell phone or electronic device will be confiscated and will be stored by the teacher or staff member until the end of the same school day (School member can exercise the fourth offense at their own discretion after the third offense has been administered repeatedly).

      • Fourth Offense: The cell phone or electronic device will be confiscated and will be stored by the teacher or staff member and a parent conference will be required for the return of the phone.


Note: Headphones are under the Cell Phone/Electronic Device policy.

E. sCHOOLWIDE bEHAVIOR eXPECTATIONS

The chart below outlines schoolwide expected behaviors. Failure to comply with these expectations may result in disciplinary consequences. Students are expected to follow the 4Ps and be: Productive, Prompt, Prepared, and Polite. The Chart below provides expected behaviors.



LOS ANGELES ACADEMY OF ARTS AND ENTERPRISE

Schoolwide Expectations




Classroom

MPR/Patio

Restroom

Hallways

Park

Productive

  • Work to the best of your ability.

  • Follow instructions.

  • No cell phones/electronics.

  • Stay in your own seat.

  • No horse playing.

  • Walk, don't run.

  • Help keep it clean.

  • Hallway pass required.

  • No horse playing.

  • Walk, don't run.

  • No cell phones/electronics during class time.




  • No horse playing.

  • Follow instructions.

  • Stay with the teacher.

Polite

  • Use appropriate language.

  • No horse playing.

  • Ask for permission at all times.

  • Use appropriate language.

  • Respect all individuals.

  • No littering.

  • Pick up after yourself.

  • No cutting in the line.

  • Ask for permission.

  • Do not disrupt other classes.

  • Respect and do not damage school property.

  • Use appropriate language.

  • Do not disrupt other classes.

  • Follow instructions.

  • Use appropriate language.

  • Respect all people.

Prompt

  • Be in seat when the bell rings.

  • Begin work immediately.

  • Be on time to the lunch line.

  • Return immediately back to class.

  • Need to be in class the first and last 15 minutes.

  • Be on time to all classes.

  • Need to be in class the first and last 15 minutes.

  • Be on time.

Prepared


  • Have all materials ready.

  • Know you lunch ID #.

  • Have a hallway pass.

  • Have a hallway pass.

  • Wear your school PE uniform.


F. Classroom discipline policy and procedure

All faculty and staff at Los Angeles Academy of Arts and Enterprise (LAAAE) has a responsibility to assist in maintaining good discipline, not only in the classroom, but also throughout the school. This policy and supporting procedures were developed to support staff in the maintenance of classroom discipline and to provide a standard, fair and transparent system for dealing with any disciplinary situation that may arise in the classroom or on campus.


Within the school, the Principal has overall responsibility for student discipline. The Assistant Principal is responsible for the implementation of the disciplinary process.

PROTOCOL FOR STUDENT(S) WHO DEMONSTRATE IMPROPER BEHAVIOR.





  1. Provide a warning.

  2. Move the student’s seat and/or separate all students involved.

  3. Have a brief private conversation with the student. Please ensure that you are able to supervise the classroom during this time.

  4. Implement your “Buddy System”. Buddy teachers are required to be within a close proximity of your class. When exercising the buddy system, send the student over to your buddy teacher with the reflection sheet for no longer than ten minutes. The Los Angeles County of Education (LACOE) has recommended establishing a ten-minute only rule, since a longer period of time can be considered as denying a student his/her educational rights.

    1. If your buddy teacher is not available, please contact the Student Service Facilitator, and if available, please send a note with the student and reflection sheet.

    2. If the Student Service Facilitator is unavailable have the student escorted with a reliable student to the Main Office to see Mr. Berkenkamp with his/her reflection sheet.

  5. Document the incident on PowerSchool and contact parents.

  6. Assign an appropriate teacher directed consequence and document on PowerSchool. Note that punitive consequences are no longer permitted. The consequence needs to relate to the action and restorative justice practices are the new disciplinary alternative.

If a student is a repeat offender, the teacher can use his/her discretion to move through the steps numerated above to the appropriate consequence. After the teacher protocol has been fully exercised and documented, if student behavior continues, teacher should refer student to Student Services Team by filling out a Disciplinary Referral Form, which will then be reviewed for next steps and possible additional consequences.


LAAAE’s Leadership team is here to support you and would like to help empower you in your classroom. Asking for advice and guidance is always best practice. To empower yourself you need to problem-solve your classroom behaviors to demonstrate your authority. If assistance is needed, please refer to the order mentioned in the “Administration Protocols for Extreme and/or Emergency Situations”.

ADMINISTRATION PROTOCOLS FOR EXTREME, EMERGENCY SITUATIONS.



Administration Protocols for Extreme and/or Emergency Situations:

If a student(s) is involved in any action of violence, possession of any paraphernalia, and possible intoxication, the teacher and/or staff member should immediately call or text in the following order:


1.) Mr. Cordova, Campus Monitor

2.) Ms. Bernaldez, Student Service Facilitator



3.) Mr. Berkenkamp, Director of Athletics and School Culture

G. Hallway Pass guidelines





  • Students should not leave the classroom during the first fifteen minutes and the last fifteen minutes of the class period.

  • Official hallway passes must be visible at all times when a student leaves a classroom or office during the instructional time. Students using a pass are required to fill out a hallway pass log located in each classroom indicating their time out and time in.

  • Generally, only one student at a time per class may use the hallway pass.

  • No cell phone usage during this time. See Cell Phone and Electronic Device Policy.

  • If a faculty or staff member requires more than one student to use the pass at a given time, the faculty or staff member may write a note permitting more than one student to use the pass at the same time.



H. DISCIPLINARY CONSEQUENCES AND STUDENT SUPPORT SERVICES

Once the student has been referred to office staff, determination of disciplinary actions will be made by the administration after careful review of specific incidents. Parent(s) will be notified with a phone call and in writing, in severer cases, when a student has received a referral to Behavior Modification Intervention (BMI).


Disciplinary consequences will be appropriate and are issued at the discretion of the administration. The leadership team, office staff, and other faculty are able to assist in classroom management and diffusing challenging situations. Students who do not adhere to their responsibilities, and who violate the school rules may expect consequences for their behavior. Once a student has been referred to the office, consequences may include but are not limited to:


  • Loss of privileges;

  • Warning, both verbal and written;

  • Separation from other students in class;

  • Restorative justice practices;

  • Notification to parents/guardians;

  • In-school and after-school detention;

  • In-school suspension;

  • Out-of-school suspension; and

  • Expulsion.

The decision regarding the consequence will be based on circumstances unique to each individual incident of inappropriate behavior. Factors such as, the cause and severity of the offense, the student’s attitude, length of time since the last incident, and the student’s past behavior records may influence the disciplinary action to be taken. A good record of behavior may result in the administration of minimal disciplinary actions, while the student who is more frequently involved in problematic behavior may expect more severe consequences. A single incident of severe inappropriate behavior may require the application of a more severe consequence. All parents/guardian will be notified of the consequences assigned. All students will have the right to due process.



I. Grounds for suspension and expulsion

Students who present an immediate threat to the health and safety of others may be suspended or expelled. A student may be suspended or expelled for any of the acts enumerated in this section.



Reasons for Suspension and Expulsion (Education Code 48900 and 48915)

Los Angeles Academy of Arts and Enterprise does not consider suspensions or expulsions as effective means of improving student behavior and compliance with school rules and policies. While either or both may become necessary in extraordinary circumstances, disciplinary issues shall first be attempted to be dealt with through other strategies. A student may be suspended or expelled for acts which occur, but not limited to: while on school grounds; while going to or leaving from school; and during, or traveling to or from, a school-sponsored activity.


Below are excerpts from the Administrator Recommendation of Expulsion Matrix as posted on the California Department of Education’s website http://www.cde.ca.gov/ls/ss/se/expulsionrecomm.asp.
Must Recommend Expulsion:

In accordance with Education Code Section 48915(c), the principal shall suspend and recommend expulsion of a pupil determined to have committed any of the following acts:

a. Possessing firearm when a district employee verified firearm possession and when student did not have prior written permission from a certificated employee which is concurred with by the principal or designee.

b. Selling or otherwise furnishing a firearm.

c. Brandishing a knife at another person.

d. Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq.

e. Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900.

f. Possession of an explosive.


Shall Recommend Expulsion Unless Particular Circumstances Render Inappropriate:

In accordance with Education Code Section 48915(a), the principal shall recommend expulsion for the following violations [except for 48915 subsections (c) and (e)] unless the principal finds that expulsion is inappropriate due to a particular circumstance.

a. Causing serious physical injury to another person, except in self-defense.

b. Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil.

c. Possession and/or use of any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for possession of not more than one avoirdupois ounce of marijuana other than concentrated cannabis.

d. Robbery or extortion.

e. Assault or battery, or threat of, on a school employee.
The recommendation for expulsion shall be based on one or both of the following:

1. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.

2. Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others [see Section 48915 (b)].
May Recommend Expulsion:

In accordance with Education Code Section 48900, n addition to the foregoing mandatory suspension/expulsion infractions, students may be immediately suspended and recommended for expulsion upon a determination that the student has committed one of the acts listed below:

a. Inflicted physical injury†

b. Possessed dangerous objects

c. Possessed drugs or alcohol

d. Sold look alike substance representing drugs or alcohol

e. Committed robbery/extortion

f. Caused damage to property‡

g. Committed theft

h. Used tobacco

i. Committed obscenity/profanity/vulgarity

j. Possessed or sold drug paraphernalia

k. Received stolen property

l. Possessed imitation firearm

m. Committed sexual harassment

n. Harassed, threatened or intimidated a student witness

o. Sold prescription drug Soma

p. Committed hazing

q Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

r. Participating in the act of hate Violence and Terroristic Threats


The recommendation for expulsion shall be based on one or both of the following:

1. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.

2. Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others [see Section 48915 (b)].
† Section 48900 (t) states a pupil who aids or abets in infliction of physical injury to another, as defined in Penal Code 31, may suffer suspension, but not expulsion. However, if a student is adjudged by a court to have caused, attempted to cause, or threatened personal injury, the student shall be subject to discipline pursuant to 48900(a).

‡ Section 48900 (u)"school property" includes, but is not limited to, electronic files and databases.


In-School Suspensions

In alignment with California Education Code Section 48911.1, the principal or designee may assign a student to a supervised in-school suspension for any offense that qualifies for suspension for the length of the suspension.


Process for Suspension and/or Expulsion - Informal Conference

Suspension shall be preceded by an informal conference conducted by the principal or designee, with the student and his/her parents. The conference may be omitted if the principal determines that an emergency situation exists. An “emergency situation” involves a clear and present danger to the lives, safety or health of students or school personnel. If the student is suspended without a conference, the parent/guardian shall be notified of the suspension by the principal or designee by telephone. Should this not render success, the principal or designee will follow up in writing. A conference will be conducted as soon as possible thereafter. The principal may notify law enforcement if it is reasonably suspected that the student committed offenses identified in Penal Codes 245, 626, and Education Code 48900. If the student is subsequently arrested, the principal or designee will take immediate steps to notify the parent of the place to which the student is reportedly being taken.


Notice to Parents/Guardians

At the time of a student’s suspension, the principal or designee shall make a reasonable effort to contact the parent/guardian by telephone or in person. A written notice will follow initial contact. This notice will state the specific offense(s) committed by the student. In addition, the notice will also state the date and time the student may return to school.


Length of Suspension

The length of a suspension, when not including a recommendation for expulsion, shall not exceed five (5) consecutive days per suspension or twenty (20) days total per year, unless the student has an IEP, in which case will not exceed (10) without a manifestation determination. Students are expected to continue completing their respective assignments throughout a suspension period. Los Angeles Academy of Arts and Enterprise will continue to provide the student with an education, including textbooks or other instructional materials, classwork, and homework, as well as support from appropriate staff and opportunities to complete missed assignments or other in-class activities. Upon a recommendation by the principal for expulsion, the pupil and the pupil’s guardian or representative will be invited to a conference to determine if the suspension for the pupil should be extended pending an expulsion hearing. The principal will make this determination upon either of the following findings:



  • Whether the pupil’s presence will be disruptive to the educational process; or

  • Whether the pupil poses a threat or danger to others.

Upon this determination, the pupil’s suspension will be extended, pursuant to Education Code 48911 (g) pending the results of an expulsion hearing.



Expulsion Hearing


Upon recommendation of expulsion by the principal, the student and student’s guardian(s) and/or representative(s) will be invited to a conference to determine if the suspension for the pupil should be extended pending an expulsion hearing. The determination will be made by the principal upon either of the following determinations:
(1) the pupil’s presence will be disruptive to the education process or

(2) the pupil poses a threat or danger to others.


Upon either determination, the student’s suspension will be extended pending the results of an expulsion hearing. Students recommended for expulsion are entitled to a hearing to determine whether the pupil should be expelled. A written hearing waiver will be solicited from parents electing to waive the hearing. Unless postponed for good cause, the hearing shall be held within 30 school days after the recommendation for expulsion. The school will be responsible for providing the student with appropriate educational opportunities, while the student is on suspension and awaiting an expulsion hearing.
The expulsion hearing (which is usually held in closed session, unless otherwise requested, 72 hours in advance) will be presided over by an expulsion administrative panel appointed by Los Angeles Academy of Arts and Enterprise’s governing board. The expulsion administrative panel will consist of at least three members who are certificated. No teacher of the pupil or Los Angeles Academy of Arts and Enterprise governing board member will serve on the expulsion administrative panel. A facts and findings document that includes dates, times, incidences, people present, and an objective anecdotal record of the events will be prepared by the expulsion administrative panel to summarize the evidence presented at the hearing and to substantiate the expulsion decision. The administrative panel may recommend to reinstate the student, to reinstate the student with a behavioral contract, or to expel. A special meeting of Los Angeles Academy of Arts and Enterprise’s governing board will be convened within one week of the expulsion hearing. At that meeting, the final expulsion hearing decision and outcome will be reported, by a representative of the expulsion administrative panel, to Los Angeles Academy of Arts and Enterprise’s governing board, who will uphold or not uphold the recommendation.
Written notice of the hearing shall be forwarded by the principal or principal’s designee, to the pupil and the pupil’s parent/guardian at least ten (10) calendar days before the date of the hearing. Upon mailing the notice, it shall be deemed served upon the pupil. The notice shall include the following:
a. The date and place of the expulsion hearing;

b. A statement of the specific facts, charges, and offenses upon which the proposed expulsion is based;

c. A copy of the disciplinary rules which relate to the alleged violation;

d. Notification of the pupil’s or parent/guardian’s obligation provide information about the pupil’s status at the school to any other school district or school to which the pupil seeks enrollment;

e. The opportunity for the pupil or the pupil’s parent/guardian to appear in person or to employ and be represented by counsel or an advocate;

f. The right to inspect and obtain copies of all documents to be used at the hearing;

g. The opportunity to confront and question all witnesses who testify at the hearing; and

h. The opportunity to question all evidence presented and to present oral and documentary evidence on the pupil’s behalf including witnesses.


Recording of Hearing

A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.


Presentation of Evidence

While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof, only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A decision by the expulsion administrative panel to expel must be supported by substantial evidence that the pupil committed the expellable offense(s).


Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay, and sworn declarations may be admitted as testimony from witnesses, when the principal determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.
If, due to a written request by the pupil who is being considered for an expulsion, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery, as defined in Education Code Section 48900, a complaining witness shall have the right to have his/her testimony heard in a session closed to the public.
Special Procedures for Expulsion Hearings Involving Sexual Assault or Battery Offenses

  1. The complaining witness in any sexual assault or battery case must be provided with a copy of the applicable disciplinary rules and advised of his/her right to (a) receive five days’ notice of his/her scheduled testimony, (b) have up to two (2) adult support persons of his/her choosing present in the hearing at the time he/she testifies, which may include a parent, guardian, or legal counsel, and (c) elect to have the hearing closed while testifying.

  2. Los Angeles Academy of Arts and Enterprise must also provide the victim a room separate from the hearing room for the complaining witness' use prior to and during breaks in testimony.

  3. At the discretion of the person or panel conducting the hearing, the complaining witness shall be allowed periods of relief from examination and cross-examination during which he or she may leave the hearing room.

  4. The person conducting the expulsion hearing may also arrange the seating within the hearing room to facilitate a less intimidating environment for the complaining witness.

  5. The person conducting the expulsion hearing may also limit time for taking the testimony of the complaining witness to the hours he/she is normally in school, if there is no good cause to take the testimony during other hours.

  6. Prior to a complaining witness testifying, the support persons must be admonished that the hearing is confidential. Nothing in the law precludes the person presiding over the hearing from removing a support person whom the presiding person finds is disrupting the hearing. The person conducting the hearing may permit any one of the support persons for the complaining witness to accompany him or her to the witness stand.

  7. If one or both of the support persons is also a witness, Los Angeles Academy of Arts and Enterprise must present evidence that the witness' presence is both desired by the witness and will be helpful to Los Angeles Academy of Arts and Enterprise. The person presiding over the hearing shall permit the witness to stay unless it is established that there is a substantial risk that the testimony of the complaining witness would be influenced by the support person, in which case the presiding official shall admonish the support person or persons not to prompt, sway, or influence the witness in any way. Nothing shall preclude the presiding officer from exercising his or her discretion to remove a person from the hearing whom he or she believes is prompting, swaying, or influencing the witness.

  8. The testimony of the support person shall be presented before the testimony of the complaining witness and the complaining witness shall be excluded from the hearing room during that testimony.

  9. Evidence of specific instances of a complaining witness' prior sexual conduct is presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before such a determination regarding extraordinary circumstance can be made, the witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose.


Notification of Expulsion

The principal, following Los Angeles Academy of Arts and Enterprise governing board’s decision to expel shall send written notice of expulsion, including the expulsion administrative panel's findings of fact, to the pupil or parent/guardian. This notice shall include the following:

(1) Notice of the specific offense(s) committed by the pupil.

(2) Notice that the pupil has a right to appeal and the date and process by which an appeal may be filed.

(3) Notice of the pupil’s or parent/guardian’s obligation to inform any new district in which the pupil seeks to enroll of the pupil’s status.

(4) Effective date of expulsion.

(5) Notice of alternative education placement.

(6) Date the student to be reviewed for readmission.



Appeal Of Suspension Or Expulsion


If a suspension was assigned by a principal’s designee, a parent may request an appeal by submitting a written appeal request, addressed to the principal, within 72 hours of the imposed suspension. If the suspension was assigned or upheld by the principal, a parent may request an appeal, addressed to Los Angeles Academy of Arts and Enterprise’s governing board chair, within 72 hours of the principal’s notification. Lastly, a parent may request an appeals hearing at a regularly scheduled Los Angeles Academy of Arts and Enterprise governing board meeting. Los Angeles Academy of Arts and Enterprise’s governing board will issue a decision the same day. A written notice with the decision will be provided to the parent. A suspension appeal decision by Los Angeles Academy of Arts and Enterprise’s governing board is final.
Parent/s or legal guardian/s may appeal an expulsion within thirty (30) days from the notice of expulsion by submitting a written request for appeal, or providing that request in person or via telephone to the principal. If the request is made in person or via telephone, the principal will create a memorandum that documents the request and forward it to Los Angeles Academy of Arts and Enterprise’s governing board for review and consideration.
Written notice of the appeal shall be forwarded to the pupil and the pupil’s parent/guardian at least ten (10) calendar days before the date of the appeals hearing. Upon mailing the notice, it shall be deemed served upon the pupil. The notice shall include the following:

a. The date and place of the expulsion appeal hearing;

b. A statement of the specific facts, charges, and offense(s) upon which the proposed expulsion is based;

c. A copy of the disciplinary rules which relate to the alleged violation;

d. Notification of the pupil’s or parent/guardian’s obligation provide information about the pupil’s status at the school to any other school district or school to which the pupil seeks enrollment;

e. The opportunity for the pupil or the pupil’s parent/guardian to appear in person or to employ and be represented by counsel or an advocate;

f. The right to inspect and obtain copies of all documents to be used at the hearing;

g. The opportunity to confront and question all witnesses who testify at the hearing; and

h. The opportunity to question all evidence presented and to present oral and documentary evidence on the pupil’s behalf including witnesses.
The student will be considered suspended until a meeting is convened to hear the appeal (within 10 working days) at which time the parent(s) must attend to present their appeal. A fair and impartial panel of representatives assigned by Los Angeles Academy of Arts and Enterprise’s governing board will hear the appeal. Such hearing will be presided over by an expulsion appeals administrative panel which will consist of at least three members who are certificated. No teacher of the pupil or Los Angeles Academy of Arts and Enterprise governing board member will serve on the administrative appeals panel. This panel will not include any of the members of the expulsion administrative panel. The expulsion appeals administrative panel will deliberate in closed session after hearing presentations from both the principal and the student and his/her parent/s or legal guardian/s. The expulsion appeals administrative panel will issue its decision the same day as the hearing. The expulsion appeals administrative panel may recommend to reinstate the student, to reinstate the student with a behavioral contract, or to expel. The decision of the expulsion appeals administrative panel will be final.
A facts and findings document that includes dates, times, incidences, people present, and an objective anecdotal record of the events will be prepared by the expulsion appeals administrative panel to summarize the evidence presented at the hearing and to substantiate the appeal decision. A special meeting of Los Angeles Academy of Arts and Enterprise’s governing board will be convened within one week of the expulsion appeal hearing. At that meeting, the final decision and outcome will be reported, by a representative of the expulsion appeals administrative panel, to Los Angeles Academy of Arts and Enterprise’s governing board, who will uphold or not uphold the recommendation.
Recording of Hearing

A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.


Presentation of Evidence

While technical rules of evidence do not apply to expulsion appeals hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A decision by the expulsion appeals administrative panel to expel must be supported by substantial evidence that the pupil committed the expellable offense(s).


Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay, and sworn declarations may be admitted as testimony from witnesses, when the principal determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.
If, due to a written request by the pupil who is being considered for an expulsion, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery, as defined in Education Code Section 48900, a complaining witness shall have the right to have his/her testimony heard in a session closed to the public, as previously detailed in this element.
In the event of a decision to expel a student from Los Angeles Academy of Arts and Enterprise, Los Angeles Academy of Arts and Enterprise will work cooperatively with the district of residence, county, and/or private schools to assist with the appropriate educational placement of the student who has been expelled. Any incident of violent and/or serious student behavior shall be communicated to the district/school to which the student matriculates.
If a student is expelled or leaves Los Angeles Academy of Arts and Enterprise without graduating or completing the school year for any reason, Los Angeles Academy of Arts and Enterprise shall notify the superintendent of the school district of the student’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the student, including a transcript of grades or report card, and health information.
If the student is not reinstated, the student can enroll at their home school. Students who are not reinstated, must be sent written notification of such, including specific reasons why reinstatement was denied; and must be given a new eligibility review date.
For new enrollees, Los Angeles Academy of Arts and Enterprise will request a copy of the rehabilitation plan and work with the expelling school/district to ensure the student is provided with the supports and interventions needed for successful reinstatement.
Outcome data will be maintained including:

  • Suspensions

  • Expulsions and Expulsion Placements

  • Reinstatements

  • Out of the District Expellees



Students who demonstrate successful rehabilitation are able to be reinstated. Los Angeles Academy of Arts and Enterprise will expunge the expulsion order once the student has successfully completed the prescribed rehabilitation plan.

GUIDELINES GOVERNING SPECIAL EDUCATION STUDENTS.

In the case of a student who has an IEP, or a student who has a 504 Plan, the charter will ensure that it follows the correct disciplinary procedures to comply with the mandates of state and federal laws, including the IDEA and Section 504 of the Rehabilitation Plan of 1973. 


As set forth in the MOU regarding special education between the District and Los Angeles Academy of Arts and Enterprise an IEP team, including a district representative, will meet to conduct a manifestation determination and to discuss alternative placement utilizing the District’s Policies and Procedures Manual. Prior to recommending expulsion for a student with a 504 Plan, the charter administrator will convene a Manifestation Determination meeting to ask the following two questions:  A) Was the misconduct caused by, or directly and substantially related to the student’s disability?  B) Was the misconduct a direct result of the Charter’s failure to implement the 504 Plan? Outcome data will be maintained including: Suspensions, expulsions and expulsion placements, reinstatements, and other school placements.

IV. General Policies & NOTICES





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