ARTICLE 6

STUDENT DISCIPLINE / SAFETY

 

A. Professional Educator Authority And Protection

The following sources for determining professional educator authority and protection shall be

provided for an Association representative in each building:

1. Oregon Statutes on Discipline, Attendance and Exclusion of Students, Chapter 339 Oregon

Revised Statutes.

2. current Disciplinary Procedures in the Portland Public Schools.

3. all administrative directives which are for the general knowledge of professional educators

including building handbooks/rules;

4. “Policies and Regulations”

It is recognized that there may be normal delays between the time of adoptions and delivery of such

materials to the building.

B. Student Discipline

1. The principal, supervisor or professional staff designee with input from the staff shall include the

following minimum procedures in developing a written student discipline plan. Such procedures

shall exist in each building or program. The process must be in conformance with District

policies and regulations.

 

a. Use by the professional educator of individual independent in-class expectations, rules, and

plans for student management, in conformance with the building’s discipline plan.

b. That a professional educator may remove a student from class who is disrupting the

educational program in a manner requiring immediate action by the professional educator,

or who has exhibited a pattern of disruptive behavior, and send the student to a location

designated by the principal.

c. That the principal, supervisor or his/her designee shall, at the professional educator’s

request, confer with the professional educator without disrupting the professional educator’s

classes. Such conference generally shall take place prior to returning the student to class

unless the principal, supervisor or his/her professional designee is not available, in which

case the conference shall take place when the principal, supervisor or professional

designee becomes available.

d. That a procedure shall exist for handling students removed from class when the principal,

supervisor or professional designee is out of the building and, therefore, not available for a

conference required by the professional educator. Such procedure shall provide that only

professional personnel shall have a decision making role in the handling of such students.

 

e. That if unacceptable student behavior continues, at either’s request, the principal, or

supervisor, and the professional educator shall develop and implement a mutually

acceptable behavior correction plan involving, as appropriate, the principal, supervisor,

professional educator, student and parent(s) and other resource staff. The plan could

include, but would not be limited to, behavior contracts, special education referral,

involvement of appropriate community agencies, use of time-out rooms or other activities.

The plan shall include the specific areas of concern to be addressed, a timeline for 19

completion, and the responsibilities of the student, professional educator, administrator and

others.

f. If the plan does not result in a change in the disruptive behavior, the administrator in

conference with the professional educator will take additional steps as may be appropriate

which are consistent with and guided by the Students’ Rights and Responsibilities

Handbook.

g. An allegation that a student has committed assault or battery upon a professional educator

shall result in the removal of the student from the responsibility of the professional educator

pending administrative investigation of the incident. The administrator shall exercise

appropriate progressive discipline as set forth above. If the investigation shows battery did

occur and the professional educator so recommends, the student shall not be returned to

the affected professional educator’s responsibility.

h. In accordance with the Students’ Rights and Responsibilities Handbook, any student who

has been involved in a violation of state or federal law regarding weapons at school shall

be immediately suspended pending administrative investigation. If the investigation

confirms that the student was in violation of state or federal law regarding weapons at

school, the student shall be reported to the appropriate law enforcement agency. The

student shall be expelled from school for a period of not less than one calendar year. The

Superintendent may modify the disciplinary consequences on a case-by-case basis.

i. Student behavioral records shall be accessible to the receiving professional educator.

School officials shall set up procedures so that information about students with records of

violence including weapon violations shall be available, in accordance with the law, to

members who “need to know” as a result of an assignment to teach or supervise the student.

j. Any student found to have committed assault or battery upon a professional educator shall

be immediately subject to appropriate discipline in accordance with the Students’ Rights

and Responsibilities Handbook. However, there shall be a minimum of five (5) days

suspension for a threat (assault) and mandatory expulsion for the remainder of the year for

battery. The Superintendent may modify the disciplinary consequences on a case-by-case

basis.

k. Any student making a serious or menacing threat of harm to the person, property or family

members of a professional educator shall be immediately subject to appropriate discipline

in accordance with the Students’ Rights and Responsibilities Handbook.

2. The building discipline procedure shall be reviewed by the staff by June 1st. The staff’s

suggested changes shall be carefully reviewed by the principal. If the changes are rejected it

shall be only for substantial reasons including staffing, and funding. Printed copies of these

specific building procedures shall be distributed to parents and building staff members by the

end of the second student week of each year and shall be filed in the appropriate Central Office.

3. In the exercise of authority by a professional educator to control and maintain order and

discipline, the professional educator may use reasonable and professional judgment concerning

matters not provided for by specific policies adopted by the Board and/or federal and state laws

or regulations.

C. Personal Injury Benefits and Property Loss

1. Any case of assault/battery upon a professional educator while acting within the scope of his/her

duties shall be promptly reported in writing to the immediate supervisor who shall forward a copy

to the appropriate Central Office Administrator and the Superintendent for investigation and

resolution. 20

2. The District shall reimburse professional educator for loss of or damage to personal property

excluding the professional educator’s automobile under the following circumstances:

a. when the loss is a result of any assault/battery on the professional educator’s person

suffered during the course of employment.

b. property stolen or damaged by the use of forcible entry on a locked container. Every school

shall provide a secure and lockable location for professional educator’s to use for such

storage.

c. loss of the professional educator’s work related equipment when the use of that equipment

has been approved in writing by the principal/supervisor providing that the equipment was

stored in a locked container when otherwise not in use.

3. Reimbursement shall be at replacement cost (not exceeding actual cost) less any insurance or

worker’s compensation reimbursement. Reimbursement shall not be made for losses of less

than Five dollars ($5.00) or that portion in excess of one thousand dollars ($1,000) and shall not

be made when carelessness or negligence on the part of the professional educator was evident.

4. Professional educators shall cooperate and support the District in its investigation and resolution

of any reported loss. The District shall provide assistance in attempting to investigate and/or

reclaim other stolen or damaged personal property including automobiles.

D. The District shall provide a legal defense and indemnification to professional educators arising out

of tort claims for any alleged act or omission occurring in the performance of the professional

educator’s duty in accordance with, but subject to, the limitations provided in ORS 30.285 and

30.287. Professional educators shall cooperate with the Board and counsel in connection therewith

as provided in ORS 30.287(2).

E. Safety

1. A professional educator shall have the right to refuse to expose himself/herself to immediate

danger created by an unsafe working condition when such danger threatens substantial bodily

injury or would be a significant health hazard to the professional educator. The professional

educator shall give notice of the condition to his/her supervisor and shall be subject to

assignment to another location or duty while the condition is being investigated and/or

corrected. The District recognizes the responsibility to make every reasonable effort to

enhance the security of buildings and grounds as may be required through the use of necessary

lighting and other safety precautions. The District shall comply with all state and federal OSHA

requirements to post notice when non-routine cleaners, paints, sealants, and other chemicals

are to be used at the worksite and shall take all reasonable steps, in good faith, to post such

notices even where not required by state or federal OSHA.

2. The District shall furnish employment and places of employment which are safe and healthful

for professional educators, and shall furnish and use such devices and safeguards, and shall

adopt and use such practices, means, methods, operations and processes as are reasonably

necessary to render such employment and places of employment safe and healthful and shall

do every other thing reasonably necessary to protect the life, safety and health of such

professional educators.

3. The District shall assure that there are emergency protocols at all worksites (including nondistrict

worksites where professional educators work. These protocols shall include procedures

for supporting professional educators who are assaulted and/or battered. 21

4. Reports from county/state/city law enforcement/courts concerning student information that may

inform professional educators about potential safety issues shall be shared on a need to know

basis. The District shall maintain a system to distribute these alerts on an ongoing basis.