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    RCSD audit on student behavior from 2014.

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    Student Behavior and Suspension Follow-up

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    RCSD audit on student behavior from 2014.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    18 views42 pages

    Student Behavior and Suspension Follow-Up

    Uploaded by

    Rochester Democrat and Chronicle
    RCSD audit on student behavior from 2014.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 42
    OFFICE OF AUDITOR GENERAL Student Behavior and Suspension Audit Report September 2014 Executive Summary ‘Summary of Recommendations ‘Observations, Recommendations and Action Plans Policies & Procedures Timeliness Evidence Inervention Parent Contact ‘Altemative Programs and In-School Suspension ‘Approvals Long-Term Hearing Office Students with Disabilities “Manifestation Determination ‘Academie Instruction “Transition Process Student Behavior and Suspension Audit ‘Table of Contents ‘Student Behavior and Suspension Audit Executive Summary ‘To evaluate operating protocols and procedures for Student Behavior Management and Suspensions BACKGROUND “The District's Cade of Conduct Policy 5300 provides high level student disciplinary penlies. Superintendent Regulations of Intervention and Discipline $300-R provide guidance regarding possible disciplinary responses for infractions. Education Laws or ‘Student Discipline provide standard guidelines that must be adhered to when providing discipline fr students that volte the District Code of Conduct. A new Deputy Superintendent was hired in 2014-15, wh is now responsible for overseeing Stodent Discipline. Long-Term Suspension Hearings are performed by one Hearing Officer. Suspension decisions are approved a designee ofthe ‘Superintendent. In the 2012-13 school year, there were 6425 suspensions reported and in 2013-14, 13,217 suspensions were reported. ‘According to management, the increase in suspensions over the pior year is due to Principals recording more suspensions in the Student Management sytem, score We evaluated the Suspension process including the effectiveness of operating protocols and procedures, consistency of performance, and accuracy of reporting atoss the Distt. Stadent infractions and disciplinary responses were evaluated to ensure progressive, fai and ‘Consistent penalties are imposed. We ascessed the Districts de process procedures to ensure compliance with Education Law. Incident Feporting was analyzed to ensure compliance with Violent and Disruptive Inident Repating (VADIR). CONCLUSION Significant opportunities exist impeove student behavior and the general schoo climate amongst both adults and students. We noted lack of; understanding, clear administative protocols, intervention, emedition, dv process and formalized expectations. Tmproved ‘compliance withthe Eduction law regarding dent diacpline mist oceur. Evidence of parent communication and required ‘otficaions could not always be substantiated, Evidence handling and chain of custody procedure are ot formalized. Suspension penalties at schools are neither consistent imposed nor monitored for reasonableness. Procedures for ensuring that ll students received Instruction and class assignments while suspended are Incking. The amount of ime some students were out oftheir academic rogram ‘was coneeming. Lastly, procedures ae not in place lo ensue the accuracy and completeness of Suspeasion data in the Student ‘Management System for VADIR reporting, ‘Student Behavior and Suspension Audit ‘Summary of Recommendations ‘Recommendations ‘Develop and implement Disiri-wide comprehensive writen policies, protocols and procedures fr short and long-term ‘suspensions. Prescriptives document the procedural expectations with guiding documentation to faciltate consistent performance across schools. Communicate to schools and enforce compliance with the protocols and procedures. Procedures should include: “A. School-based actions thot must occur prior to suspension. 1B. Required documentation to substantiate along or shoreterm suspension decision. {G. Hw incidents shouldbe reported in SMS and student records. D. Education Laws relating to suspensions. E. Standards for parent noifletion and documentation. EF. Expectaions regarding nsruction and providing student work during a suspension. G. Approval and documentation requirements to authorize a suspension. H. Transition process after an offsite suspension has been served “Research, document and communicate all required legal aspects, as noted in Education Laws regarding student discipline. ‘Ensure documentation clearly specifics student rights regarding informal hearings, questioning witnesses, obtaining evidence, participation In hearings and including advocates. ‘Establish stndard deadlines throughout the entre short or long-term suspension proces for hey components i the process, including but not liited to, nodfcation tothe parent regarding the incident, scheduling the hearing, notification of the hearing date tothe parent and school, and notification ofthe decision. Ensure adherence tthe established deanes by establishing reporting and monitoring. ‘Develop and implement protocols and criteria for handling and maintaining evidence and performing student searches. ‘Student Behavior and Suspension Audit ‘Summary of Recommendations Reet Recommendations -Exiablish and implement protocols that require formal school-based interventions to change negative student behavior. Protocols should include: ‘A. Providing sample intervention strategies for common concerns B. Providing counseling and behavior Intervention workshops to all students . Establishing methods to ensure interventions are being performed to change negative student behavior. D. Maintaining documentation in student records to support interventions performed. E. Documenting the outcomes forthe intervention ule. E. Staff training to change the mindset for student discipline. “Provide focused counseling and Behavior intervention workshops all tudents residing in discipline programs. ‘Develop and implementa preventative Behavioral asset model forall District students to Improve student behavior “Establish and implement procedures o ensure parent contact conssiently occurs during the short and long-term "suspension procers At a minim, include procedures for: "A. Documenting and retaining school contact with parents using a contect log. 1B. Providing and retaining writen notice o parents of proposed suspensions. G. Informing parents oftheir right o exidence and an informal conference within 24 hours 2f an Incldent occurring. “Establish and implement monitoring procedures to ensure that all students receiving behavior related discipline that ‘results in more than 5 days of alternative instruction receive due process procedures anda long-term suspension hearing 70 “Establish update standard short and long-term suspension forms to facilitate compliance with supporting documentation ‘standards. These forms should inlude: required descriptive information ofthe incident, student history, attendance and tenidence, preparer and approval signatures. Add a disclaimer tothe form to state that the Impartial Hearing Officer's recommendation may differ from the Principal's recommendation. a Esiablish review standards for School Chief approval of out-of school suspensions. Ensure School Chief approvals retained forall out-of-school suspension referrals and expedited transfers to PM School or LyncX. ‘Student Behavior and Suspension Audit ‘Summary of Recommendations Recommendations ‘Document protocols and procedures for the Hearing Office to ensure consistent performance during saff absences. Include a minimum, standard leer timeframes, recordkeeping standards and reporting use ofthe recording device, ‘and how fo store hearing information. Validate responsibiliy for review and approval for hearing material. Review hearing documentation prior to proceeding ith the Long-Term Hearing process and return/ejet incomplete suspension packets. “Establish and Implement a contingency plan to ensure tha all Superiniondent Suspension hearings take place within § ‘days and notification ofthe suspension decision consistently occurs timely. ‘Establish District reporting to document, summarize and communicate all suspension hearings and related results. Include a bref description ofthe incidents, schoo, student demographic and related suspension decisions 16 “Monitor and rend suspension incidents, penalties and durations across the various schools for common infractions to ‘ensure the penalties are consistent, Create reporting to document common themes across the Distr. 17 | Develop and implement a District wide attendance reporting procedure for both elementary and secondary level students to ensure all students” attendance for discipline is accurately recorded in SMS. Procedures should include: In-school Suspension, Outof school suspension, PM School and LyneX Academy. 18 | Ewablish a monitoring procedure to ensure students with disabilities that receive suspensions are appropriately receiving ‘modified instruction and related services in compliance with ther IEP. s 2 Establish, Communicate, and Implement « District-wide process for the manifestation determination and patern ‘determination processes or suspensions. Ensure documentation standard are extblished fo suppor the reviews. Develop, ‘communicate and implement a process for performing the functional behavioral assessment and a behavioral intervention lan to make modifications tothe student's IEP, as appropriate, when a behavior patern has Been recognized. Student Behavior and Suspension Audit ‘Summary of Recommendations Rec ‘Recommendations 0 ‘Establish a Disirit-vide monitoring process to ensure manifestation determinations are completed inten day increments. Ualize PowerSchool reporting to monitor suspensions for students with disabilities. Develop a communication process Denween the Administrators and the CASES to heighten awareness of suspensions for students with disabilities. Uplate the manifestation determination questionnaire to tnclude instructions, signatures and dates. 2 “Ensure the inely retrieval of academic assignments for students given tn-school and out-of-school suspension. Confirm | ‘completion ofthe assignments to ensure the students are receiving the required alternative education in the in-school suspension oom. 2 ‘Ensure instruction in the in-school suspension roms (ISS) for elementary and secondary buildings comply wth as ‘surrounding equivalent instruction and supervision. Ensure that resources inthe various content areas are identified and available to support students in ISS. 2 ‘Develop a formalized process for communicating 0 the in-school suspension teachers when a student hasbeen assigned land Include the details ofthe suspension and duration. 2 ‘Develop Disrct process for transitioning saudents from suspension, back other traditional school environment Incorporate the incident that caused the suspension into the transition proces to ensure the behavior doesnot recur. 6 ‘Develop and implement «process ensure the accuracy and completeness of Incldent and behavior data in SMS. Record all incidents in the system of record. Ensure the data entered into SMS allgns withthe student fles. Establish aprotocal to specify the level of deal necessary tobe reported in SMS for student Behavior. 7 ‘Develop «standard timeframe in which incidents must be reported in SMS. Ensure compliance with the established timeframe ‘Develop accurate VADIR reports in SMS, Antomate the annual VADIR reporting process and minimize or eliminate the ‘manual process of preparing the State reporting. Student Behavior and Suspension Audit Summary of Recommendations ‘Rech | Recommendations 129 | Develop the ability to perform a complete data extract ofthe incident details from SMS and compare the data extract othe ‘automated reporting to assess completeness and accuracy ofthe VADIR reporting to the State. 130. | Ensure the accuracy of Incident and behavior data in SMS. Ensure the data entered into SMS alls with the student files. Establish a protocol to specify the level of detail necessary to be reported in SMS for student behavior. 31 | Develop accurate exception and monitoring reports for incident daa. Establish an automated monitoring process uilaing ‘exception and monitoring reports in SMS to ensure the data integrity of VADIR reporting (othe Stale. Student Behavior and Suspension Audit Observations, Recommendations and Action Plans (OBSERVATION: Policies and Procedures Distriet-Wide Policies and Procedures ‘Comprehensive written protocols and procedures donot exis for the shor or longterm suspension process, The Board Code of ‘Conduct Policy $300 provides high level student disciplinary penalties and procedures. Superintendent Regulations of Intervention and Disepline 5300-R provide guidance regarding possible dscplnary responses for infractions. Suficient clear guidance is not, provided to schools to ensure equitable disciplinary response fr violations ofthe Districts Code of Conduct, nor do they provide hools with the necessary tool o ensure compliance with State Education Law, Clearly defined suspension processes sould be documented, communicated and disseminated to all schools. Compliance with the process shouldbe enforced to ensure all necessary ‘components ae present. Basi quirements should be decribed including, but nat limited t, handling af evidence, parent contact, (Chief approvals notification of suspension, evidence handling, documentation, overall monitoring of student behavioe. Distiet-wide procedures would provide schools with the direction needed to ensure fir and just treatment of siden, A documented longterm uspension process would asst in providing consistency inthe handling of long-erm suspensions, Without formalized procedure, the risk of noncompliance with Sate Education Law exists ‘Student Behavior and Suspension Audit Observations, Recommendations and Action Plans RECOMMENDATIONS and MANAGEMENT RESPONSES Develop and implement Disric-wlde comprehensive writen polices, protocols and procedures or short and long-term suspensions. Preseriptvely document the procedural expectations with guiding documentation to facltateconsstem performance ‘cross schools. Communleateo schools and enforce compllance with the protocols and procedures. Procedures shoul include: ‘A. School-based aclons that must occur prior to suspension 1B. Required documentation o substantiate a longo” short term suspension decision. G. How incidents shouldbe reported in SMS and student records D. Eaucation Laws relating to suspensions. E. Standards for paren notification end documentation. F. Expectations regarding Instruction and providing student work during a suspension. G Approval and documentation requirements to authorice a suspension. Hi. Transition process after an oft suspension has been served. ‘Management Responses: We ngre that greater clarity it required aos the District to ensure that al schools haves consistent ‘understanding of the process and related processes to ensure that students eceve proper due process. We will document detailed protocols and procedures for both short and long-erm suspensions and disseminate to school these procedures on the District website + Dr. Christiana Oruwa, Deputy Superintendent of Teaching and Leaming: Lorna Washington, Special Assistant; Michele Alber, Data Driven Adminstrator; Beverly Burell-Moore, Amy Schiav, Ray Giamartino and Keith Bobuszczak, Chiefs of Schools Due Date: December 2014 Student Behavior and Suspension Audit Observations, Recommendations and Action Plans (OBSERVATION:#2 ‘Legal Requirements Legal aspects of suspensions ae either not understood or not complied with for suspension protocols and elated decisions. Procedural requirements have been legally mandated to ensue that appropriate due process occurs for students and families for liscipinary infraction Concer have been noted surounding parents legal rights including: documentation to substantiate notice, timely writen notice, informal conference rights, ability to question complaining witnesses, providing evidence, an allowing 2 ‘representative or family advocate during the hearing process. Thorough and clear researc should be performed, documented, and ‘communicated to facilitate consistent, District-wide guidance for discipline. Parent rights should also be clearly sated onthe public website RECOMMENDATIONS and MANAGEMENT RESPONSES: ‘Research, document and communicate al required legal axpcts, ax noted in Education Laws regarding student discipline. Ensure documentation clearly specifies student rights regarding informal hearings, questioning witnesses, obtaining evidence, participation in hearings and including advocates. Management Responses: We will work with the Office of General Counsel to ensue that clear document is created to summarize thatthe specific legal requirements for Student Discipline and Suspension are made available fr schools. We will review this document with Administrators and include in our documentation thats maintained on the shared website. Dr, Christians Otuwa, Deputy Superintendent of Teaching and Learning: Loma Washington, Special Assistant; Michele Albert, Dat Driven Adminstator; Beverly Burrell-Moore, Amy Schiavi, Ray Giamartino and Keith Babuseczak, Chiefs of Schools; Cara Briggs, Associate Counsel ‘ue Date: December 2014 ‘Student Behavior and Suspension Audit Observations, Recommendations and Action Plans ‘OBSERVATION: 13 ‘Timeliness During high volume, Long-Term Suspension Heatings are not consistently conducted ina timely manner. Addionally, decision notifetion leters are not being disseminated tothe appropriate parties timely. During our testing, we noted that decisions regarding the student's long-term suspension were not being communicate for up to five weeks, This i an excessive amount of time berween the incident and the penalty. Standard deadlines should be established forthe entre long-term suspension proces, ieliing but not limited to notfcation tothe parent regarding the incident, scheduling the hearing, otifiaton of the hearing dat othe parent and school, and noifiation ofthe devsion, These deadlines shouldbe adhered to forall longsterm suspensions, The lack of timeliness of ‘scheduling hearings and notification of decisions denies the student of timely due process [RECOMMENDATIONS and MANAGEMENT RESPONSES “Exiablish standard deadlines throughout the entre shor or long-term suspension process for key components inthe process, including but not limited to, notification fo the parent regarding the Incident, scheduling ie hearin, noifiation ofthe hearing date tthe parent and school, and notification ofthe decision. Ensure adherence tthe established deadlines by establishing ‘reporting and monitoring. ‘Management Responses: We will establish a timeline reference documento clarify the deadlines required to meet the intemal and [egal requirements for suspensions. Ths information wil be included in out protocols and procedures and communicated accordingly Dr. Christiana Onuwa, Deputy Superintendent of Teaching and Learing; Loma Washington, Special Assistant; Michele Alber, Data Driven Adminstrator; Beverly Burell-Moore, Amy Schiav, Ray Giamartino and Keith Babuszezak, Chiefs of Schools; Edwin Loper-Soto, General Counsel Due Date: December 2014 10 Student Behavior and Suspension Audit Observations, Recommendations and Action Plans ‘OBSERVATION: #4 ‘Evidence — Evidence obtained during » student incident isnot adequately documented or maintained t support the proposed discipline. Chain of ‘custody isnot documented or tracked to provide reasonable assurance thatthe evidence isin original form, directly from the accused, ‘Generally, pictures ate taken of evidence, soch as weapons, drugs or an injury. ‘The actual artifact snot made availabe, even when the pictures provided are questionable. Pictures are generally povided with te Long-Term Hearing packet, but they ae often in black and whit fom a copier. Also the sizeof the object cannot always be determined since rules or oer tems to assist in determining size are nt consistently uilized. In aditon, adequate protocols are not established or adhered o when searching students. Criteria regarding evidence handling shouldbe established to ensue sufficient cain of eustody. Protocols should be developed for student searches and required documentation established to identy the partipants. Improper handling of evidence or an improper search could esl in insufficient support for the proposed student diseptine [RECOMMENDATIONS aad MANAGEMENT RESPONSES ‘Develop, document and implement protocols and crterta for handling and maintaining evidence and performing student searches. ‘Management Responses: We will formalize the required protocol for confissating materials, conducting searches, handling and ‘maintaining evidence at schools. It shouldbe noted that Security Personnel ae not the only school-based personnel tat could be involved with confisating materials. We will document and communicate these protocols and include this protocol in the August trsining for School Securiy personnel, We wil also communiate these procedures administrators to fctate consistent processes and compliance. We wil also post these procedures on the District website to fecilitate communication and distribution. Lastly, we ‘wll work with Legal to ensue compliance with applicable laws and regulations ibility: Dr. Cristiana Otsw, Deputy Superintendent of Teaching and Leaming; Loma Washington, Special Assistant Michele Albeti, Data Driven Administrator, Beverly Burell-Moore, Amy Schiav, Ray Giamartno and Keith Babuseczak, Chefs of Schools; Lori Baldwin, Director Safety and Security; Adele Bovard, Deputy Superintendent Administration ue ate: December 2014 Student Behavior and Suspension Audit Observations, Recommendations and Action Plans (OBSERVATION: Tatervention ‘Student interventions prior wo building recommending a suspension are inconsistent and sometimes non-existent. Schools are ‘expected to document onthe Long-Term Suspension Referral Form the intervention utilized forthe student prior to recommending suspension, The documentation o describe or substantiate the intervention performed and the outcome fom the intervention were ‘often not present. Building evel interventions should consistenly be performed to addres student behavior and minimize academic

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