2009-10 SFPS Code of Conduct

SANTA FE PUBLIC SCHOOLS
Board of Education
Angelica Ruiz President

Richard Polese Vice President
Mary Ellen Gonzales Secretary
Barbara Gudwin Member
Frank Montao Member
Bobbie Gutierrez
Superintendent of Schools
MISSION STATEMENT
The Santa Fe Public Schools exist to ensure that every student graduates prepared to be a productive
citizen of our local and global community.
VISION STATEMENT
The vision for the Santa Fe Public Schools is to provide every student with a high quality education in a
system devoted to equity, diversity and social justice. Every student will have multiple learning opportunities
to meet challenging standards in a safe, caring and respectful environment. Every student is expected to
graduate prepared to take advantage of lifelong learning opportunities.
ACKNOWLEDGEMENTS
The Code of Conduct Revision Committee and the SFPS district administrative staff and teachers are
commended for their continual commitment to making Santa Fe Public Schools a safe place for students,
parents, staff and the community at large. Among those who served on the Code of Conduct (C.O.C.) Revision
Committee and who made valuable suggestions and recommendations to the 2009-10 Code of Conduct were:
Mary Beth Brady Office of Student Wellness

Dan Burke Office of Student Wellness
Cynthia Clarke Assistant Principal @ SFHS
Maria Dilda Permanent Substitute @ DeVargas Middle School
Rosemarie Sparky Griego Administrator Intern @ Career Academy
Coleen Korce Student Engagement Officer @ Pinon Elementary
Erica Landry Director of Community Services
Gloria Lopez Director of Alternative Education
Sue Lujan Principal @ Capshaw Middle School
Cyndi Sanchez Director of Curriculum and Instruction
Karen Sneiders Principal @ Alvord Elementary
Karl Zuercher Director of Transportation @ SFPS
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SFPS SANTA FE PUBLIC SCHOOLS
Dear Students, Parents, Teachers, Employees, Administrators, School Board Members and Volunteers:
The Santa Fe Public Schools has an obligation to provide a safe, secure and peaceful learning environment for
the school community including students, staff, (all school employees and school board members), parents and
volunteers as defined throughout the Code of Conduct. Therefore, the Board of Education hereby adopts a
district-wide Code of Conduct that supports a proper academic and social setting so that all who participate
can enjoy a productive and positive educational experience. The Code of Conduct is subject to annual review.
All provisions outlined in the Code of Conduct apply to the entire school community. It is everyone's
responsibility to respect the educational process. Disruptions of the educational process will not be
tolerated. The Santa Fe Public Schools Board Policy 345 prohibits corporal punishment. Staff will refrain
from physical contact with students for student discipline or behavior modification unless student behavior
poses a threat to self or others.
Enforcement of the Code is intended to ensure fair treatment of students regardless of which school they
attend, and regardless of their gender, race, religion, color, age, national origin, linguistic and language
differences, sexual orientation, socio-economic status, physical or mental disability. Properly understood
with regard to age and disability, fair enforcement of the Code requires age-appropriate and developmentally
appropriate application. It is the responsibility of adults to communicate the general expectations of the
Code in terms appropriate to the childs age, development and linguistic ability.
Infractions of this Code of Conduct will be carefully assessed and the rights and responsibilities of the
student and the school community will be upheld as outlined in Santa Fe Public Schools Board Policy 336. In
order to promote the safety and positive self-image of the school community and to ensure positive learning,
the following rules of conduct have been adopted.
Santa Fe Public Schools requires that each student, parent, volunteer and employee sign the form
acknowledging receipt and understanding of the Code of Conduct. Your signature affirms that you will uphold
the guiding principles of the Code and that you agree that you and you child(ren) will follow the behavioral
expectations outlined in the Code. Please read this document and make sure that your child(ren) understand
it.
Thank you for your commitment to a positive, safe and secure learning environment.
Sincerely,
Ms. Bobbie Gutierrez

Superintendent of Schools
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GENERAL RIGHTS, RESPONSIBILITIES AND COMMITMENTS
STUDENTS HAVE A RIGHT TO:

1. Request assistance from the school site administrator and /or any other adult in authority;
2. Have access to their own child(ren)s records, and review their own records if 18 years of age or older;
3. Have access to conflict management resources;
4. Receive a copy of the Santa Fe Public Schools Code of Conduct Handbook; and,
5. Protection against discrimination regardless of gender, race, religion, color, age, national origin, linguistic
and language differences, sexual orientation, socio-economic status, physical or mental disability.
STUDENTS HAVE A RESPONSIBILITY AND COMMITMENT TO:

1. Read and understand the Santa Fe Public Schools Code of Conduct Handbook;
2. Sign and return the Code of Conduct Acknowledgment that also addresses drug, alcohol and tobacco
abuse, transportation guidelines, and Internet, Intranet, Email, Digital Network Usage Policy, and
electronic proxy devices. (Acknowledgment form found on page 65 of the Code);
3. Not violate the Code of Conduct;
4. Attend school regularly, arrive on time, bring appropriate materials, and be prepared to participate in
class and do homework;
5. Strive for academic growth;
6. Respect the rights, feelings and property of fellow students, parents, school staff, visitors, guests and
school neighbors;
7. Conduct themselves properly on school grounds, school buses, at bus stops, at any school-related activity,
and in the classroom so as not to interfere with the right of another student to learn;
8. Seek peaceful solutions to conflict and encourage peers to do the same;
9. Seek assistance from an adult should a conflict situation begin to get out of control;
10. Not bring to school or to any school event a gun, knife, or any other weapon, including any objects or
items used in a threatening manner that can be perceived as a weapon.
11. Alert an adult if a gun, knife or other weapon is seen on campus or at a school event;
12. Follow discipline guidelines adopted by the school and district;
13. Present written excuse when tardy or absent;
14. Identify self accurately upon request from school personnel and provide proper ID when requested at
the secondary level;
15. Report known school-related criminal activity to site administrator. Student option also includes
contacting local law enforcement agency;
16. Not use, give or sell any substance, be it narcotics, drugs (prescription/non-prescription) alcohol, mood-
altering substance or tobacco while at school or school-sponsored events;
17. Dress in a manner appropriate for school as defined in the Dress and Appearance Directives and the
Standard Dress requirements at elementary and middle schools (pages 41 & 42 of the Code);
18. Abide by the transportation guidelines set forth by the State of New Mexico while riding in a school bus
or other school-owned vehicle;
19. Abide by the technology guidelines for using computers, software and Internet access;
20. Abide by the SFPS policy for use of electronic and communication devices;
21. Report to an adult or staff for investigation, acts they suspect may be bullying; and,
22. Comply with rules and regulations prohibiting discrimination on the basis of race, color, religion, sex
(including pregnancy, childbirth or related medical conditions), sexual orientation, national origin or
ancestry, age, physical or mental disability, medical HIV-positive status, veteran status, marital status,
or any other basis protected by federal, state, or local law.
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COMPACT
PARENTS/GUARDIANS HAVE A RIGHT TO:

1. Receive regular official reports of the their child(ren)'s academic progress, attendance and conduct;
2. Inspect, copy and challenge according to the appropriate guidelines any and all information contained in
the their child(ren)'s record;
3. Receive an explanation on their child(ren)s progress;
4. Receive a prompt (within two school days) report of their child(ren)'s tardiness and absence in
accordance with the districts attendance and truancy procedures;
5. Receive information concerning programs offered in the school;
6. Participate in local school organizations, volunteer activities, and school governance advisory committees;
7. Be informed of the districts appeal process; (See page 23 for Due Process Hearing; page 29 for Special
Education process; and page 40 for Parent/Guardian complaint procedures).
8. Have access to conflict resolution education when scheduled;
and language differences, sexual orientation, socio-economic status, physical or mental disability; and,
10. Know that the staff who are serving their child(ren) are highly qualified; and,
11. Receive a prompt and timely response to requests and concerns.
PARENTS/GUARDIANS HAVE A RESPONSIBILITY AND COMMITMENT TO:

1. Read and discuss along with their child(ren) the Code of Conduct and other similar materials from the
school such as the school discipline plan, and ask for clarification and/or interpretation if needed;
2. Review and discuss with their child(ren) the Santa Fe Public Schools Code of Conduct handbook and other
similar materials from the school such as the school discipline plan;
3. Provide picture identification upon request from school staff;
4. Provide the school with written documentation if your child must leave school during the school day.
5. Instill in the their child(ren) respect for school authority, the law, and the rights of others;
6. Monitor their child(ren)s behavior as requested;
7. Provide appropriate supervision for their child(ren) before and after school;
8. Notify the school in a timely manner concerning their child(ren)'s absence (see page 34 -Reporting
Student Absence);
9. Plan a time and place for homework assignments, with necessary supervision;
10. Attend all requested parent conferences;
11. Ensure prompt and regular attendance at school as per NMSA 22-17-7A;
12. Present issues, requests and concerns to staff in a calm, reasonable and timely manner;
13. Teach children how to settle arguments without resorting to violence and encourage them to use peaceful
means when resolving issues ;
14. Work with the school on disciplinary matters for the best interest of their child(ren);
15. Work to support their child(ren)s interests through the local school board, PT0/A and other school
organizations, committees, and volunteer activities;
16. Report known school-related criminal activity to site administrator. Parent option also includes contacting
local law enforcement agency;
17. Encourage their child(ren) to report to an adult, guns, knives and other weapons, including any objects or
items that can be perceived as a weapon, that they have seen or have knowledge;
18. Not bring to school or to any school event a gun, knife, or any other weapon, including any objects or
items used in a threatening manner that can be perceived as a weapon.
19. Teach their child(ren) about the dangers and consequences of guns and weapons use;
20. Keep any guns, knives and all weapons owned under lock and key and away from their child(ren);
21. Enforce the district's policies to eliminate guns and weapons and to work with the school in developing
programs to prevent violence;
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22. Have their child(ren) dress in a manner appropriate for school and abide by the Dress and Appearance
Directives or standard dress (pages 41 & 42 of the Code);
23. Enforce and comply with the districts policy and regulation on tobacco, alcohol and other drug abuse
while on campus;
24. Enforce the transportation guidelines set forth by the State of New Mexico if their child(ren) ride(s) in
a school bus or other school-owned vehicle;
25. Enforce the technology guidelines for students set forth by the district for using computers, software
and Internet access;
26. Follow the Code of Conduct;
27. Follow the procedures outlined for all appeal processes;
28. Report to an administrator, counselor or adult on staff for investigation, acts they suspect may be
bullying; and,
29. Seek clarification on any document received by the district.

ADMINISTRATORS HAVE A RIGHT TO:
1. Work in a safe and positive atmosphere for learning and teaching;
2. Expect compliance with rules by staff and students;
3. Be free from intimidation, threats, or acts of violence while discharging duties;
4. Be trained in conflict management skills and receive staff development regarding school safety
strategies;
5. Dismiss individuals believed to pose a verbal, physical or psychological threat that disrupts, impairs
and/or interferes with the educational process.; and,
ADMINISTRATORS HAVE RESPONSIBILITY AND COMMITMENT TO:

1. Use professional ethics and confidentiality in relationships with staff, students, parents and the
community;
2. Promote and develop a safe, positive and orderly atmosphere for learning and teaching;
3. Provide orientation for new teachers and continued assistance to all school personnel;
4. Seek conflict resolution training for school personnel if needed or requested;
5. Review, monitor and evaluate the program of instruction and articulate the program to parents and the
community-at-large on an ongoing basis;
6. Educate staff and parent community regarding strict, fair and consistent enforcement of the Santa Fe
Public Schools Code of Conduct handbook, and any other district and school site policies;
7. Ensure that all school staff enforces the Code of Conduct in a strict, fair and consistent manner;
8. Work with staff and students to develop and periodically review a school discipline plan, consistent with
district-wide policies and support the staff members in fair and consistent enforcement of these
regulations;
9. Communicate the school's policies on weapons to participants in the school community and focus on the
responsibilities we all have;
10. Ensure that students have an anonymous way to report to an adult any guns or other weapons they see on
campus;
11. Report all guns, knives, weapons and other weapons, to law enforcement officials, according to
established procedures;
12. Not bring to school or to any school event a gun, knife, or any other weapon.
13. Use the school's student leadership groups and school meetings to obtain ideas to develop a safe school
environment;
14. Enforce the district's policy and regulation on tobacco, alcohol and other drug abuse;
15. Enforce the transportation guidelines set forth by the State of New Mexico for students who ride in a
school bus or other school-owned vehicle;
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16. Enforce the technology guidelines for students set forth by the district for using computers, software
and Internet access.
17. Abide by the SFPS policy for use of electronic and communication devices.
18. Ensure that teaching staff provides up-to-date lesson plans;
19. Confer with school personnel, parents, students and appropriate community agencies to formulate
procedures and programs that will ensure socially acceptable conduct;
20. Promote alternative conflict resolution methods for all students and staff;
21. Notify the Office of the Superintendent or his/her designee and appropriate emergency services
(police, fire department, etc.) as necessary;
22. Prepare school safety plans for natural disasters and emergency situations;
23. Inform parents and students of complaint procedures (due process, manifestation, grievance);
24. Support parent/guardian participation in school organizations, committees, and volunteer activities;
25. Present issues and concerns to school officials in a calm, reasonable manner;
26. Investigate all alleged acts of misconduct, including bullying;
27. Request picture identification from all school visitors;
28. Enforce rules and regulations prohibiting discrimination on the basis of race, color, religion, sex (including
pregnancy, childbirth or related medical conditions), sexual orientation, national origin or ancestry, age,
physical or mental disability, medical HIV-positive status, veteran status, marital status, or any other
basis protected by federal, state, or local law;
29. Notify parents when their child(ren) is/are taught, thirty (30) days or longer, by a non-highly qualified
staff member; and,
30. Respond to parent requests in a prompt and timely manner.
GENERAL RIGHTS, RESPONSIBILITIES and COMMITMENTS
TEACHERS, COUNSELORS AND OTHER STAFF HAVE A RIGHT TO:

1. Work in a safe positive atmosphere for learning and teaching;
2. Recommend to have a student, who exhibits physical or verbal violence or threatening behavior, including
written or graphic threats, as described in the Santa Fe Public Schools Code of Conduct handbook,
removed from the classroom;
3. Be fully informed concerning the Santa Fe Public Schools Code of Conduct handbook and its
procedures;
4. Expect student compliance with all district and school regulations;
5. Have administrative support when enforcing student discipline;
6. Receive education in conflict resolution skills and school safety strategies as scheduled annually; and
7. Be free from intimidation, bullying, threats, or acts of violence while discharging duties; and,
9. Have the right to be trained in all the expectations of de-escalation skills and restorative justice.
TEACHERS, COUNSELORS AND OTHER STAFF HAVE A RESPONSIBILITY AND

COMMITMENT TO:
1. Use professional ethics and confidentiality in relationships with students, parents, community and other
school employees;
2. Promote and develop a safe, positive and orderly atmosphere for learning and teaching;
3. Demonstrate by attitude and actions genuine concern and respect for each student;
4. Read, know, follow and uniformly enforce the Code of Conduct and school rules in a strict, fair and
consistent fashion;
5. Review the Code of Conduct manual with students at the beginning of each school semester;
6. Devote school hours exclusively to official duties;
7. Inform parents about the academic progress, attendance and conduct of their child in a timely manner;
8. Maintain accurate student records;
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9. Supervise students in the school building and grounds and during extra-curricular activities in accordance
with school rules, district policies and regulations and school procedures;
10. Plan, provide and conduct a program of instruction that captures the interest and meets the needs of
each student. Provide accurate and up-to-date lesson plans;
11. Exercise good classroom management that supports civic responsibility;
12. Use conflict resolution and de-escalation skills;
13. Be punctual and at the work station as scheduled;
14. Assist the principal in maintaining school order and discipline by assisting with the supervision of
students and enforcing school rules;
15. Be present at any disciplinary conference concerning serious classroom disruption;
16. Adhere to the evaluation standards of the Santa Fe Public Schools;
17. Support parent and/or guardian participation in school organizations, committees, and volunteer
activities;
18. Report all alleged acts of misconduct, including bullying, to administrator immediately;
19. Report serious or repeated violations that require the administrators intervention;
20. Follow and enforce the districts policy and regulation regarding narcotics, drugs (prescription/non-
prescription), alcohol, mood-altering substances and tobacco;
basis protected by federal, state, or local law; and,
22. Respond to parent requests in a prompt and timely manner.
GENERAL RIGHTS, RESPONSIBILITIES and COMMITMENTS
VOLUNTEERS HAVE A RIGHT TO:

1. Work in a safe, positive atmosphere for learning and teaching;
2. Be fully informed regarding the Santa Fe Public Schools Code of Conduct handbook;
3. Expect student compliance with district and school regulations;
4. Have access to education in conflict resolution skills and safety strategies as scheduled; and,
VOLUNTEERS HAVE A RESPONSIBILITY AND COMMITMENT TO:

1. Use professional ethics and confidentiality in relationships with students, parents and school community;
2. Demonstrate by attitude and actions genuine concern and respect for each student;
3. Read and uniformly support the Code of Conduct and school rules in a consistent manner;
4. Use conflict resolution skills when appropriate;
5. Be punctual and have good attendance when scheduled to volunteer;
6. Report Code of Conduct violations to the supervising teacher or the site administrator;
7. Follow and help enforce the district's policy and regulation regarding narcotics, drugs (prescription/non-
prescription), alcohol, mood-altering substances and tobacco;
8. Adhere to the same behavioral expectations as students and staff (such as tobacco, alcohol, drugs, guns,
knives, etc.) as described in the Code of Conduct while on school campus or at a school event.
9. Follow and enforce the Code of Conduct;
10. Report to an adult on staff for investigation, acts they suspect may be bullying; and,
basis protected by federal, state, or local law.
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THE SIX PILLARS OF CHARACTER
(Definitions for Young People)
TRUSTWORTHINESS FAIRNESS
Be honest. Play by the rules.
Dont deceive, cheat or steal. Take turns and share.
Be reliable do what you say youll Be open-minded. listen to others.
do. Dont take advantage of others.
Have the courage to do the right Dont blame others carelessly.
thing.
Build a good reputation.
Be loyal stand by your family,
friends, and country.
RESPECT CARING
Treat others with respect: follow the Be kind.
Golden Rule. Be compassionate and show you
Be tolerant of differences. care.
Use good manners, not bad Express gratitude.
language. Forgive others.
Be considerate of the feelings of Help people in need.
others.
Dont threaten, hit or hurt others.
RESPONSIILITY CITIZENSHIP
Do what you are supposed to do. Do your share to make your school
Persevere: keep on trying! and community better.
Always do your best. Cooperate.
Use self-control: be self- Stay informed: vote.
disciplined. Be a good neighbor.
Think before you act consider Obey laws and rules.
the consequences. Respect authority.
Be accountable for your choices. Protect the environment.
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APPLICATION OF DISTRICT & SCHOOL RULES
District and school rules apply to students whenever they are:

1. present in any school or on property of the school district;
2. at any school-sponsored activity, regardless of its location; or
3. traveling directly to and from school.
CONSISTENCY BETWEEN DISTRICT RULES AND SCHOOL RULES

Each school may adopt additional policies and regulations that are consistent with school district standards
of behavior. Copies of these policies will be kept in the central administrative offices and reviewed
periodically for consistency with the district policies. Such local rights and responsibilities handbooks will be
distributed to students, parents and staff annually. Teachers may also develop and post rules governing
their individual classrooms that are consistent with school district and local school standards of behavior.
OFF-CAMPUS STUDENT MISCONDUCT

The Code of Conduct and all penalties may apply to those students whose conduct off-school grounds
endanger the health or safety of the student population within the school district or adversely affect the
educative process. The penalties imposed shall be the decision of the Superintendent or his/her designee.
Students may be subject to the full range of disciplinary penalties for off-campus misconduct, including, but
not limited to: suspensions, expulsions, detentions, as well as removal from participation in extracurricular
activities, such as interscholastic sports teams, club sports, student government positions, class trips, class
proms, and graduation ceremonies.
STUDENT ZERO TOLERANCE OFFENSES

Students who violate the Code of Conduct shall be subject to disciplinary action. Appropriate district staff
shall enforce this Code of Conduct in a fair, strict and consistent manner, and shall refer suspected criminal
offenses to the appropriate law enforcement agency consistent with SFPS policy.
The following categories of misconduct and any other criminal offenses committed by a student are
considered zero tolerance:
1. Possession/use of weapons or facsimile weapons;
2. Possession/use of illegal drugs, alcohol and tobacco (Levels 4 & 5);
3. Violence, assault, battery, including written, verbal, graphic or physical threats of;
4. Gang-related activity;
5. Harassment, stalking;
6. Bullying (Levels 4 & 5);
7. Hate Crimes; and,
8. Threats to school personnel.
Consistent with both the Districts commitment to further the education process and the Districts
commitment to impose punishment, by the site administrator, proportionate to the offense, alleged zero
tolerance offenses shall be thoroughly investigated and reported to law enforcement. A formal hearing must
be conducted for every zero tolerance offense considered Level 5.
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BEHAVIORAL EXPECTATIONS FOR STUDENTS
I. ATTENDANCE AND PUNCTUALITY

Students are expected to attend school and classes regularly and on time. Parents are legally responsible to
have their children in school as per NMSA 1978, 22-17-7A.
II. APPROPRIATE LEARNING ENVIRONMENT

Students are expected to behave in a manner that permits teachers to teach and students to learn
without interference or disruption.
III. CONTROLLED SUBSTANCES (DRUGS/ALCOHOL/TOBACCO)
Students are expected to bring to school only those materials necessary for instructional programs, athletic
and other extra-curricular activities. Students will not possess controlled substances, mood-altering
substances or medication prescribed for another person while at school or at school events.
Possession or use of tobacco products or alcohol products by any age student on or about school premises or
at any school activity, including club meetings without regard to their location, is prohibited.
IV. PROTECTION OF PROPERTY
Students are expected to recognize the property rights of other students, staff members and the public by:
1) using property (equipment) only for its intended purposes without damage to the property; 2) using
property belonging to others only with permission of the owner or person in charge of the property; and, 3)
reporting to school officials situations which may result in damage to, loss of, or misuse of property.
V. PROTECTION OF PHYSICAL SAFETY AND MENTAL WELL-BEING
Students are expected to behave with respect for the educational climate and to promote respect for the
physical safety and emotional well-being of other students and staff. Students are expected to resolve
conflicts by discussion, problem-solving techniques, and to seek assistance from staff members as needed.
DESCRIPTION OF KINDS AND LEVELS OF DISCIPLINARY ACTION

Self-discipline is the ultimate goal for each student. Those few students who do misbehave and interfere
with their own and others learning and teaching must be prepared for consequences for those actions. The
disciplinary consequences for misbehavior are classified in five levels of action, ranging from least severe
(Action Level 1) to most severe (Action Level 5). The punishment imposed must be in proportion to the
offense committed. Disciplinary Action Levels will ensure district-wide consistency in addressing
misbehavior. District discipline rules and regulations shall be followed and enforced in the same spirit and
manner throughout the school system. At the school administrators discretion, he/she may use lower level
actions in addition to the required level of action.
Balanced and restorative justice strategies may be used where appropriate and approved by the school
administration.
The disciplinary interventions and consequences for a specific misbehavior usually include a range of actions.
The administrator or teacher should select the action that will offer the greatest chance for producing a
positive change in the students behavior, based on an understanding of the student and sound guidance
principles. When the punishment imposed includes exclusion from extra-curricular activities, the school
administrator may give the student the opportunity to earn the right to regain the privilege.
Occurrences are classified as Minor M offense or Serious and/or Repeated S/R offense(s).
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DISCIPLINARY ACTION LEVELS
Interventions and Consequences
ACTION LEVEL 1
GENERAL REQUIREMENTS: Action Level 1 includes one or more of the actions listed below taken by the
administrator or other designated persons. The meeting, letter, student incident report and/or telephone
call must include a discussion and/or description of the students achievement or unacceptable conduct.
Every effort should be made to ensure that the student would be able to continue his or her schoolwork.
Action: Definition:
Official warning to A written notice from the teacher or administrator to the student specifying
student the action to be taken if the same or similar misconduct is repeated within a
stated period of time. A copy of the notice should be sent to the parent or
guardian.
Conference between A meeting with a student during which student achievement, the unacceptable
teacher and student conduct and possible ways to deal with the problem are discussed.
student(s) Some strategies to consider are: collaboratively developed contract, conflict
resolution skill building activities, frequent information about students behavior
communicated to parent(s) or guardian, referral to academic or social support
groups, class meetings, etc.
Communication Notification of the parent/guardian at a meeting, or by a telephone call or
between teacher and letter that a behavior problem exists and what action has been taken.
parent or guardian
Conference with A meeting with staff, parent or guardian and usually the student, during which
staff, parent or student achievement and unacceptable conduct are discussed, better ways of
guardian and student behaving are reviewed and a plan for future behavior is outlined. A phone
conversation may be adequate if a meeting is not feasible.
Special Assignment Assignment to an activity or project that builds awareness, knowledge and skills
to meet similar situations more positively. For example, designing and
presenting role-play, community service, connecting consequences, required
school services, and research on topics relevant to misbehavior.
Referral to auxiliary Action taken by staff on behalf of student in consultation with parent or
and/or support guardian which may include mediation, conflict resolution, community service,
services counseling, referral to Student Success Team, Teen Court, classroom
interventions, restorative justice practices, evaluations or assessments, support
group, etc.
Contract with student A written statement developed collaboratively with the student, listing steps to
be taken by the student to improve behavior and describing the support to be
provided (if needed) by school staff and the parent/guardian, stating when the
contract will be reviewed and consequences if it is not honored.
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ACTION LEVEL 2
GENERAL REQUIREMENTS: Action Level 2 includes one or more of the actions listed below taken by the
administrator or other designated persons. A meeting or other communication with the parent or guardian
and the student must take place in addition to the Level 2 Action. The meeting, letter, student incident
report and/or telephone call must include a discussion and/or description of the students achievement and
unacceptable conduct. Every effort should be made to ensure that the student would be able to continue his
or her schoolwork. When a student is in-school suspended, parents and/or guardians may be required to
attend a meeting.
Action: Definition:
All Level 1 Actions Actions in Level 1 may be used in addition to the following:
Detention An action taken by a teacher or administrator requiring a student to
remain inside, stay before or after school or otherwise restrict his/her
liberty at times when other students are free for recess or to leave
school. Detention may be imposed in connection with in-school
suspension, but is distinct from in-school suspension in that it does not
entail removing the student from any of his/her regular classes.
Exclusion from Denying the student the opportunity to participate in extracurricular
extracurricular activities* activities for a specified period of time.
In-school suspension After a conference with the student, the administrator may bar a
student from attending scheduled classes and instead require him/her
to attend a special program. (Refer to page 27 for ISS guidelines)
Out-0f-districtl suspension After a conference with the student and parent, the administrator may
Half (.5) to one (1) day bar a student from attending scheduled classes.
suspension)
Restitution for damages In cases where student behavior causes damage, destruction or loss of
property, the parents and student will be expected to pay the cost of
repair or replacement. The school administrator and/or the central
office staff are responsible for determining the terms of repayment or
replacement.
* Only a site administrator may assign students to in-school suspension or suspend students from school.
* Unless preempted by 504 or special education regulations.
* Refer to In-School Suspension guidelines, page 27 of the Code of Conduct Handbook.
* When the punishment imposed includes exclusion from extra-curricular activities, the school administrator
shall give the student the opportunity to earn the right to reverse this decision.
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ACTION LEVEL 3
General requirements: action level 3 includes one or more of the actions listed below taken by the
administrator or other designated persons. A meeting or other communication with the parent or guardian
and the student must take place in addition to the level 3 action. The meeting, letter, student incident
report or telephone call must include a discussion and/or description of the students achievement and
unacceptable conduct. The student will not remain out of school for more than five (5) days. A conference
with the student and parent must be conducted prior to any suspension from school. When a student is
suspended, parents and/or guardians may be required to attend a meeting after the suspension period. Only a
site administrator may assign students to in-school suspension or suspend students from school.
Action: Definition:
All Level 1 2 Actions in Levels 1 & 2 may be used in addition to the following:
Actions
Alcohol or drug A student will be required to undergo an alcohol and drug assessment evaluation, and
assessment and then follow recommendations based on the evaluation information. The student and
follow-up parent shall be advised specifically of the severe consequences for additional instances
recommendations of possession, sale or transfer of drugs or alcohol.
(zero-tolerance)
Law enforcement When a student has committed or is involved in an illegal act, the administrator should
referral contact the law enforcement agency.
Restitution for In cases where student behavior causes damage, destruction or loss of property, the
damages parents and student will be expected to pay the reasonable cost of repair or
replacement. The school administrator and/or the central office staff are responsible
for determining the terms of repayment or replacement.
In-school After a conference with the student and parent, the administrator may bar a student
suspension (1-5 from attending scheduled classes and instead require him/her to attend a program of
days) in-school suspension. (Refer to page 27 for ISS guidelines)
Immediate removal Means the removal of a student from school for one school day or less under
emergency conditions and without a prior informal hearing. Students whose presence
poses a continuing danger to persons or property or an ongoing threat of interfering
with the educational process may be immediately removed from school. An informal
hearing shall take place within one (1) school day and the student shall be reinstated
unless a suspension is imposed after the required informal hearing.
Out-of-district two An action taken by an administrator after an informal hearing which temporarily denies
(2) days to five (5) a student the right to attend all classes and school activities for a period of more than
days suspension one (1) school day, but not more than five (5) school days. In addition, within five (5)
school days, a conference with the student and parent/guardian must be held to agree
mutually on ways the misconduct can be avoided in the future. Restorative justice re-
entry procedures may be offered. A later date may be selected if mutually agreed to
by the school administrator, parent and student.
Probation Action taken by the administrator following reinstatement from suspension. This
action may include a behavior contract and may require the student to forego
participation in specified activities, plays, athletics, school-sponsored student
organizations, assemblies, class meetings, and other activities for a limited, defined
period of time. Other consequences may be imposed if deemed appropriate by the
school administrator and parent/guardian.
13
ACTION LEVEL 4
GENERAL REQUIREMENTS: Action Level 4 includes one or more of the actions listed below taken by the administrator
or other designated persons. A meeting or other communication with the parent or guardian and the student must take
place in addition to the Level 4 action. The meeting, letter, student incident report or telephone call must include a
discussion of the students achievement and/or unacceptable conduct. The student will not remain out of school for more
than ten (10) days. When a student is suspended, parents and/or guardians may be required to attend a meeting.
Action: Definition:
All Level 1 3 actions Actions in Levels 1 - 3 may be used in addition to the following:
Suspension/assignment Following a formal hearing, the Superintendent of Schools or his/her designee
to a specialized program may long-term suspend or assign the student to a specialized program of
or alternative placement education, support and/or other service designed to help the student. (i.e.,
repeated possession of drugs/alcohol use and/or intent to sell or transfer
drugs/alcohol. serious/repeated violations of Code).
Law enforcement When a student has committed or is involved in an illegal act, the administrator
referral should confer with the law enforcement agency and the Office of the
Superintendent.
Six (6) days to ten (10) An action taken by an administrator after an informal hearing which temporarily
days suspension* denies a student the right to attend all classes and school activities for a
minimum of six (6) school days, but not more than ten (10) school days.
In addition, within five (5) school days, a conference with the student and
parent/guardian must be held to agree mutually on ways the misconduct can be
avoided in the future Restorative justice re-entry procedures may be offered.
A later date may be selected if mutually agreed to by the school administrator,
parent and student.
* Only a site administrator may assign students to in-school suspension or suspend students from school.
ACTION LEVEL 5
General Requirements: A formal due process hearing must occur at Action Level 5.
Action: Definition:
Long-term An action taken after a formal due process hearing before a hearing authority
suspension and that denies a student the right to attend school for a specified time
alternative exceeding either 10 school days or any lesser period a school board may set as
placement a limit on temporary suspension. Restorative justice re-entry procedures may
be offered. The administrator may recommend alternative placement (when
placement is available).
Expulsion An action taken after a formal due process hearing before a hearing authority
which means the removal of a student from school either permanently or for
an indefinite time exceeding 10 school days. A student who has been validly
expelled is not entitled to receive any educational services from the local
district during the period of the exclusion from school. A local school board
may provide alternative arrangements, including correspondence courses at
the students or parents expense pursuant to State Board of Education
Regulation No. 77-8, if the board deems such arrangements appropriate.
* Unless preempted by 504 or special education regulations.
* Each local school board shall establish, or shall authorize appropriate administrative authorities to establish
appropriate processes for handling long-term suspension.
14
SECTION I. ATTENDANCE AND PUNCTUALITY
REPORTING A STUDENT ABSENCE: All students are required to attend school full-time. Parents must notify their
childs school on the day the child is absent and/or send a written notice on the day the child returns to school.
Notification of an absence will only be accepted within the three days following the childs return to school. (See page 57
for information regarding Compulsory School Attendance Law and SFPS Truancy Procedures. See page 37 for
information regarding Loss
E. Inappropriate of Credit or
Not dressing andgrooming
page 36 for
in Educational
a manner as Travel Request).
outlined in the Dress and M 1-3
Conduct Violates
attire Appearance Policy or school-site standard dress requirement. S/R Action
3-5
this Rule: Refer to SFPS Dress and AppearanceDefinition
Directives (page 41). Occur. Levels
A. Inappropriate
F. Tardiness Failing to
Public be in an
displays ofassigned place
affection or of instruction
mutually at the designated
consensual sexual contact M 1-3
sexual behavior time.
including, but not limited to kissing, intentional touching of the other S/R 3-5
B. Cutting Failing togenitals,
persons attend groin,
assigned
innerclass
thigh,without permission
buttocks, or excuse,
or breasts, or
or clothing S/R 1-2#
class/Leaving leaving the
covering building,
these areas.classroom, or assigned area without prior approval
without
G. Forgery/ of
Providing a falseorsignature
the teacher administrator.
or altering school documents or an imitation M 1-3
permission
Counterfeit made to deceive. S/R 3-5
C.
H. Truancy
Inappropriate Failure
Applyingtoobscene,
report tosexist,
school racist,
withoutgang
parental notification.
related or other images that S/R
M 1-2
2-3
#
D. Off-limits
displays, or Entering the
disrupt a location in a building
educational or any
process, school property
environment restricted from
or interferes with M
S/R 1-3
3-5
images student use during certain times of the day.
teaching and learning (i.e. such as but not limited to attire, books, S/R 3-5
E. Trespassing + Entering
lockers, any walls,
desks, schoolbackpack,
propertyetc.)
or school property facilities without S/R 3-5
I. Prohibited proper authority either during
Possession or use of music headsets, school hourswalkman,
or after CD
school hours. MP3
players, M 1-3
devices + Any school
players, entry
Ipods, during a period
electronic games, ofgaming
suspension or expulsion.
devices, laser pointers or S
S/R 5
3-5
F. Other similar Any other
other actions
similar devicesinvolving attendance
disruptive to the and punctuality
educational or the location
environment. High M 1-3
offenses of students
school on school
students property
and adults which disrupts
are allowed to possessthe such
orderly operations
items, provided S/R 3-5
of the
they class
are notor school
turned on or visible during instructional time or inside the
#
In accordance withschool
the NMbuilding.
Compulsory School Attendance Law.
+ The school administration may report incident to the police.
J. Communication Possession or use of beepers, pagers and cellular phones are M 1-3
++ The school administration must report incident to the police.
devices
M = Minor infractionprohibitedS/R at the elementary
= Serious level.
and/or Repeated Adults are included in this rule
infraction(s) S/R 3-5
when engaged in instructional time or in a supervisory role, unless the
SECTION
situation II. APPROPRIATE
is deemed an emergency. MiddleLEARNING
and highENVIRONMENT
school students and
Conduct Violates adults are allowed to possess cell phones, provided the phones are not Action
This Rule: turned on or visible during instructional
Definitiontime or inside school buildings. S
Occur. 5
Levels
A. Student Student use of
Identification cell phones
badges issued by during
high testing
and middleand emergencies
schools must andbe M/R 1-2
Identification emergency drills is prohibited. Cell phone of video
visibly displayed on the front of that person to which the badge was taping and still
photos using
issued incidents with the
a lanyard or intent to distribute
clip provided by theis school.
prohibited.
Identification
badges are used for safety, compliance, and tracking of students, and
K. Classroom Any behavior
therefore, that disrupts
trading, theloss
sharing, or ability of students
of badges will beto subject
learn and
to M 1-2
Disruptions teachers to teach. Classroom disruptions may include: talking
disciplinary action or fine. Lost, misplaced, or stolen identification or side
conversations,
badges must bearguing
replaced with peers,
within interrupting
twenty-four instruction, putting on
hours.
B. make up in class, being out of seat, etc. Serious
Failing to comply with a proper and authorized direction or and repeated
instruction S/R
M 3-5
1-3
Insubordination disruptive conduct
of a staff member is considered Disorderly Conduct (Section V, S/R 3-5
C. Academic subsection
Taking creditF1).for his/her self for written or oral expression created, M 1-3
dishonesty (suchauthorized, or prepared by another or not giving credit for the source S/R 4-5
as cheating and of the material. Any unauthorized access or modification to
plagiarism) instructional materials, records, grades, documents, courses including
SECTION III. all electronic on-line courses such as, but not limited to cheating and
CONTROLLED SUBSTANCES (DRUGS, ALCOHOL, TOBACCO)
plaglarism. The use of electric proxies is prohibited.
SCHOOL REGULATION ON TOBACCO, ALCOHOL and OTHER DRUG ABUSE: In accordance with SFPS board policy
5320 and State Board of Education Regulation 81-3, the Santa Fe Schools prohibits using, possessing, distributing or
D. Dishonesty
trafficking The act
tobacco, alcohol or illegal
and/or practice
drugsof
on telling a lie, or
school grounds ofschool-sponsored
or at cheating (not academic),
activities. M 1-3
deceiving, etc. The intent to make someone believe what is not true as S/R 4-5
Conduct Violates by giving a false appearance, using fraud, etc. Intentionally omitting Occurance Level
Definition
A. Tobacco Use factspossession,
The or information.
use, distribution or sale of tobacco products on school S/R 3-5
15
E. Tobacco
A. Vandalism*Use + To possession,
The intentionally use,
damage,
distribution
or attempt
or saletoofdamage,
tobaccoany products
real oronpersonal
school S/R 3-5
(Zero-tolerance property, school-sponsored
property. Causing damageevents, to or or
defacing
school transportation
school property is or the S/R 3-5
rule applies at prohibited.
property ofRefer
others. Vandalism
to Section includes
3, page 38. TODsituations
and No-Use in which damage can
contract
levels 4 & 5) completed
be repaired or replaced at minimal cost to the school district.
B. Drug
F. Violation*
Criminal TheThe
++ use,willful
distribution, sale, intent
and/or malicious to sell, purchase,
destruction, damage or possession
defacementof any
of S/R 3-5
(Zero-tolerance
damage* drug or
public paraphernalia
or private property, is real
prohibited.
or personal,Includes
without the being under
consent of the S/R 5
rule applies at influence
owner of person
or the drugs, having
or substances
custody orrepresented
control of it. as drugs, on school
levels
G. 4 & 5)or
Matches transportation,
Possession and/orat use
school-sponsored events or
of matches, lighters or like
on school
productsproperty.
is
lighters +prohibited.
Any mood-altering substances including inhalants and prescribed and M 1-3
H. Arson* non-prescribed medication with
++ Planning or involvement including homeopathic
explosive and herbal
devices, materials or
medications.
information that may result in arson or explosion. Trying to start a S/R 5
++ Use,
fire distribution,
that sale, intent
fails to start. to sell, purchase,
To intentionally damage,possession or under
or attempt to
the influence of narcotics or controlled substances. See
damage, any real or personal property by fire or causing an explosion Medication in
the Schools
with the purpose and ofSFPS Drug/Alcohol/Tobacco
destroying or damaging property. regulation (page 35)
I. Deliberate Disciplinary actions for such activities are
Intentionally using property belonging to the school the same at or
all an
grade levels.
individual
misuse of (AOD, Teen Court,
for a purpose otherandthanNo-Use contract
that for which must
it wasbe completed.)
intended or in a manner M 1-3
C. Alcohol
property ++
likely to damage the property. Refer to page 56 fororinformation
The use, distribution, sale, intent to sell, purchase possession onof S/R
S/R 3-5
3-5
violation* intoxicating alcoholic beverages or substances represented as alcohol
Textbook Damages.
(Zero-tolerance is prohibited. This would include being intoxicated on school property,
rule applies at school-sponsored events and on school-sponsored transportation.
levels 4 & 5) Refer to SFPS Drug/Alcohol/Tobacco regulation (page 35).
SECTION IV. PROTECTION OF PROPERTY

Violation Definition Occurrence Levels
A. + Taking, carrying, leading or riding away of property of another
Larceny/Theft* person without consent is prohibited. This category includes, but is M 2-3
not limited to, pocket picking, purse or backpack snatching if left
unattended or no force used to take it from owner, theft of or from
school property (where there was not forced entry), theft from a
motor vehicle or motor vehicle parts or accessories, theft of bicycles, S/R 4-5
theft from a machine or device which operated or activated by other
use of a coin or token and all other types of larcenies. This includes
theft or attempted theft of a motor vehicle.
++ Items with monetary value of $100.00 or more. (May include cell
phones and other electronic devices.)
B. Gambling Playing any unauthorized game of skill or chance for money or other S/R 3-5
items of value.
C. Soliciting or Soliciting or selling items from student to student for personal gain. M 1-2
selling Exchanging items with a monetary value of $50.00 or more is S/R 3-5
prohibited.
D. Graffiti* + The spray painting, tagging, writing, etching etc. of or on school
property including busses is prohibited. Zero-tolerance @ Levels 4 / 5 S/R 3-5
16
J. Breaking and ++ Entering, without authorization, a school district building, classroom
entering/ or vehicle or other structure (moveable or immovable) with the intent S/R 4-5
Burglary* to commit a crime or misconduct when the building is closed to
students and the public.
M = Minor infraction S/R = Serious and/or Repeated infraction(s)
SECTION V. PROTECTION OF PHYSICAL SAFETY AND MENTAL WELL-BEING

Violation Definition Occurrence Levels
S/R 5
A. Possession of 1. Firearms or Destructive Devices
Weapons (zero- ++ A firearm is any device which will, is designed to, or may readily be
tolerance rule converted to expel a projectile by the action of an explosive; the
applies)* frame or receiver of any such weapon; any firearm muffler or firearm
silencer; any destructive device; or any machine gun. Includes
firearms of any kind (operable or inoperable, loaded or unloaded,
commercial or homemade); including but not limited to hand, zip, pistol,
rifle, shot gun, starter gun, flare gun, or tear gas gun.
++ A destructive device is any bomb, grenade, mine rocket, missile, pipe
bomb, or similar device containing some type of explosive that is designed to
explode and is capable of causing bodily harm or property damage.
2. Knife/Cutting Instrument
++ The possession of a knife or cutting instrument including, but not
limited to dagger, dirk, stiletto, shank, knife, razor, box cutter, or S/R
5
Exact-o knife is prohibited.
3. Other Weapons
+ Possession or intention of use of any instrument or object to inflict S/R
5
harm on another person, or to intimidate any person. Included but not
limited to chains (any not being used for the purpose for which it was
normally intended and capable of harming an individual), pipe (any
length or metal not being used for the purpose it was normally S/R
5
intended), pointed instruments (including pencils,pens), nunchakus,
brass knuckles, Chinese stars, billy clubs, bludgeons, slingshots,
portable devices or weapons directing electrical current (stun guns),
impulse, wave, beam or chemicals, BB pellets, CO2 firing devices, or
dart guns, bows, explosives, or propellants. Any other dangerous or
deadly weapon.
S/R 5
B. Facsimile ++ Includes, but is not limited to, any look-alike metal or plastic gun,
weapon (zero- rifle, Uzi, machine gun, knife, dagger, hand grenade, or sword, which is
tolerance rule carried for the sole purpose of appearing to be in possession of a
applies) real weapon that will intimidate or threaten others.
C. Possession or + Using or possessing any firecrackers, fireworks, poppers, caps or M 1-2
17
use firecracker similar devices. S/R 3-5
D. Knowledge of a + Having knowledge of anothers possession of weapons or zero-

M 1-3
weapon or zero tolerance offense outlined herein, or criminal act without reporting it
S/R 3-5
offense to the proper authority.
E. Horseplay + Involves physical contact in a rough and boisterous manner that may
M 1-3
lead to aggressive behavior and/or injury, including snowball, rock or
S/R 3-5
water balloon throwing, pushing, shoving, kicking, and shooting rubber
bands.
1. Disorderly Conduct (serious class or campus disruption)
M 1-3
F. Simple + Any act which substantially disrupts the orderly conduct of a school
S/R 4-5
Assault/Battery* function, behavior which substantially disrupts the orderly learning
(zero-tolerance environment or poses a threat to the health, safety, and/or welfare of
rule applies only students, staff, or others. Refusing to comply with a direction or
at levels 4 & 5) instruction of a staff member or classroom/school rules. Displaying
impertinence, arrogance, or other discourtesy, verbally or non-
verbally, toward a staff member. Making gestures which convey a
seemingly or explicit, offensive, or obscene message (hand or body
gestures, i.e., throwing the finger). Use of abusive or obscene
language on school property, at activities, or towards another person.
++ Reporting a fire to school or fire officials or setting off a fire
alarm without a reasonable belief that a fire exists or serious
instances of campus disruption.
2. Fighting (mutual altercation)

Fighting, defined here as a mutual participation in a physically violent S/R 3-5
confrontation, excluding sanctioned sports, whether or not the

participants suffer injury. Retaliation is not an adequate defense to
fighting when the retaliating person has had fair opportunity to
refrain from fighting. However, it is not considered fighting if clear
evidence is presented that the participant was involved involuntarily
and was taking action to protect himself/herself from injury.
Definition of Sanctioned Sports can be found on page 62 of the Code
of Conduct manual.
3. Sexual Harassment S/R 3-5

+ Communications that create an intimidating, hostile, or offensive
learning environment through unwelcome or unwanted sexual advances,
requests for sexual favors, and other verbal or non-verbal contacts or
gestures of a sexual nature. Includes but is not limited to behaviors
such as leering, pinching, grabbing, suggestive comments or jokes,
pressure to engage in sexual activity and the following:
Using the computer or any electronic devices, such as, but not
limited to sexting, to leave sexual messages or playing sex
computer games;
Rating an individual;
Wedgies, Spiking (pulling down someones pants), Mooning,
Snapping/unhooking bra;
Making kissing sounds or smacking sounds; licking lips suggestively
Howling, catcalls, whistles;
18
Touching without permission;
Verbal comments (about parts of the body, clothing, etc.);
S/R 3-5
Sexual or dirty jokes;
Massaging the neck and shoulders without permission; and
Touching oneself sexually in front of others.
4. Threat/Intimidation (physical or verbal threat or intimidation or

bullying). To place another person in fear of bodily harm through
verbal threats or other communication without displaying a weapon or
subjecting the person to actual physical attack.
+ Harassment and/or intimidation are a single act that consists of
knowingly behaving in a way that is intended to torment, seriously S/R 4-5
alarm or terrorize another person. Writing or saying anything which
ridicules another (including the use of text messaging or e-mail) on
account of ethnic origin, gender, religion, disability, etc. or has
sexually demeaning implications. Hazing, writing and drawings
depicting violence against another are included in this category.
5. Bullying is when one intentionally, repeatedly and over time uses
S/R 5
power and control with the aim of ridiculing, threatening, intimidating,
coercing, humiliating and/or physically harming an individual. Bullying
entails an imbalance of power. Forms of bullying can include S/R 5
social/relational, verbal (oral, written, text messaging, telephone,

email and non-verbal methods) or physical. A repeated pattern of
harassment or intimidation is considered to be bullying.
+ Preventing or attempting to prevent school personnel from engaging in their
responsibilities through threats, violence or harassment.
++ Reporting to school, police, or fire officials the presence of a bomb with
the intention to pose a threat or disrupt school activity, or inciting others to
destroy or hurt others or property.
G. 1. With Hands, Feet, Fist

Assault/Battery + An actual and intentional threatening, touching or striking of another S/R 3-5
(zero-tolerance person against his or her will or intentionally causing bodily harm to an
rule applies at individual in which the victim reasonably believed he/she was in
Levels 4 & 5)* immediate danger of harm.
S/R 5
++ When on individual physically attacks or beats up on another
individual (excludes an attack with a weapon) or one that causes
serious bodily harm to the victim.
S/R 5
2. With Firearm or Destructive Device
++ An actual and intentional threatening, touching or striking of
another person against his or her will with the use of firearm or
destructive device in which the victim reasonably believed he/she was
in immediate danger of harm. This category also includes the
placement of a destructive device on school property.
A firearm is any device which will, is designed to, or may readily be

converted to expel a projectile by the action of an explosive; the
19
frame or receiver of any such weapon; any firearm muffler or firearm
silencer; any destructive device; or any machine gun. Includes
firearms of any kind (operable or inoperable, loaded or unloaded,
commercial or homemade); including but not limited to hand, zip, pistol,
rifle, shot gun, starter gun, flare gun, or tear gas gun.
A destructive device is any bomb, grenade, mine rocket, missile, pipe

bomb, or similar device containing some type of explosive that is S/R 5
designed to explode and is capable of causing bodily harm or property
damage.
3. With Knife or Cutting Object

S/R 5
++ An actual or intentional threatening, touching or striking of another
person against his or her will with the use of a knife or cutting object
in which the victim reasonably believed he/she was in immediate
danger of harm.
S/R 5
A knife or cutting instrument includes, but not limited to dagger, dirk,
stiletto, shank, knife, razor, box cutter, or Exact-o knife.
4. With Other Dangerous Weapon

++ An actual and intentional threatening, touching or striking of
another person against his or her will with the use of a weapon
(excluding firearm, knife or cutting object) in which the victim
reasonably believed he/she was in immediate danger of harm. Other
dangerous weapon includes, but is not limited to any instrument or
object used to inflict harm on another person, or to intimidate any
person. Included but not limited to chains (any not being used for the
purpose for which it was normally intended and capable of harming of
an individual), pipe (any length or metal not being used for the purpose
it was normally intended), pointed instruments (including pencils, pens),
nunchakus, brass knuckles, Chinese stars, billy clubs, bludgeon,
slingshot, portable device or weapon directing electrical current (stun
gun), impulse, wave, beam or chemicals, BB, pellet, CO2 firing device,
or dart gun, bow, explosives, or propellants. Any other dangerous or
deadly weapon.
H. Sexual + Unwanted or unwelcome sexual contact including, but not limited to, S/R 4-5
battery (includes intentional touching of the other persons genitals, groin, inner thigh,
attempted)* buttocks or breasts, or clothing covering these areas (either human
contact or using an object). S/R 5
++ Offenses such as indecent exposure, criminal sexual contact,
criminal sexual penetration, contributing to the delinquency of a child.
I. Kidnapping ++ The unlawful seizure, transportation and/or detention of a person S/R 5
(abduction)* against his/her will, or of a minor without the consent of his/her

custodial parent(s) or legal guardian.
J. Robbery (using ++ The taking, or attempting to take, anything of value that is owned S/R 5
force)* by another person or organization, under confrontational

circumstances by force or threat of force or violence and/or putting
20
the victim in fear. A key difference between robbery and larceny is
that a threat or battery is involved in a robbery.
K. Extortion + A single act forcing another person to act against his/her will, in S/R 3-5
and/or coercion order to demand money, favors, actions, property, personal

possessions, etc.
L. Reckless use of + Using any motorized or self propelled vehicle on or near school S/R 3-5
vehicle grounds in a reckless manner, or so as to threaten health or safety, or

to disrupt the educational process.
M. Inappropriate +Using a computer on school property to access pornographic, illicit or S/R 3-5
use of computer illegal information and/or to photocopy and/or disseminate such

and computer materials and information, or misuse of computer. Refer to SFPS
software Internet, Intranet, Email, and Digital Network Usage Regulation 530.
N. Instigation + To urge on, spur on, or incite another to disrupt the educational M 1-3
S/R 3-5
environment or commit any other misconduct (verbally, physically,
written, electronic such as cell phone, computer, etc.).
O. Stalking + Stalking consists of knowingly pursuing a pattern of conduct that S/R 3-5
threatens another on more than one occasion by following another,

placing another under surveillance.
P. Gang related Any act, e.g., wearing clothing, displaying paraphernalia, and altering M 1-3
S/R 3-5
activity* ones appearance, the display of gang signs, symbols, monikers or
(zero-tolerance signals, that signifies or exhibits an individuals affiliation with, or
rule applies at representation of, a gang. Recruitment, harassment, intimidation,
levels 4 & 5) posturing, bullying, tagging or marking, assault, battery, theft,
trespassing, or extortion, or criminal activity performed by an
individual affiliated with, or on behalf of a gang. Gang affiliation
and/or intent can be implied from the character of the individuals
acts as well as the circumstances surrounding the misconduct.

INFORMAL & FORMAL HEARING PROCEDURES
I. PURPOSE OF HEARING PROCEDURES:

The purpose for hearing procedures is to afford the student due process. Due process entitles a
student to know what the charges are against him/her and, if charges are denied, an explanation of the
evidence resulting in the charge and a chance to tell his or her side of the story. The punishment imposed
must be in proportion to the offense committed. Due process rights for students are guaranteed under
Board Policy 336 and State Board Regulation 81-3. School officials shall follow procedures for long-term
suspension and expulsion, defined in State Board Regulation 81-3 and Santa Fe Board Policy 336.
II. DEFINITIONS:
Emergency (Immediate Removal): An administrative action that delays the informal hearing. A
student may be removed from school without an informal hearing when the administrator determines
that it is not possible to conduct the informal hearing because the student poses a danger to himself or
others, property, or an ongoing threat of disruption. Whenever a student is so removed a parent or
21
guardian must be notified when the informal suspension hearing will be held. The hearing will normally be
provided as soon as possible but within three (3) school days. Students will only be sent home when
accompanied by a parent/guardian.
Informal Hearing: A procedure followed by an administrator before a student can be suspended for
one to ten days. The student must be given oral and/or written notice of the charges against him/her,
and if the charges are denied, an explanation of the evidence. The student then has a chance to tell
his/her side of the story. The procedure also provides an opportunity for problem solving with the
administrator, teacher (when applicable) parent/guardian and student.
Formal Due Process Hearing: A procedure that must occur after an informal hearing when the
administrator who conducted the informal hearing recommends a suspension of more than ten (10) days
or an expulsion. The student has the right to an adviser, to call the witness(es), to question the
accuser(s) and the witness(es) either directly or indirectly, against him/her, and to have a copy of the
proceedings for possible appeal.
Hearing Authority: Disciplinarian Hearing Authority is a person or group designated to hear evidence
and determine the facts of a case at the required formal due process hearing. Disciplinarian" (aka
Hearing Officer) is a person or group authorized to impose punishment after a hearing authority has
determined the facts. The same person or group may, but need not, perform both functions. Where the
functions are divided, the hearing authoritys determination of the facts is conclusive on the
disciplinarian, but the disciplinarian may reject any punishment recommended by the hearing authority.
Review Authority: "Review Authority" (aka Superintendent) is a person or group authorized to review
a disciplinarians final decision to impose long-term suspension or expulsion. Unless the local school board
provides otherwise, a review authority shall have discretion to modify or overrule the disciplinarian's
decision, including imposing a harsher punishment. A review authority shall be bound by a hearing
authority's factual determinations except as provided below:
1. Disqualification -- No person shall act as hearing authority, disciplinarian or review authority in a
case where he/she was directly involved in or witnessed the incident(s) in question, or if he/she
prejudged disputed facts or is biased for or against any person who will actively participate in
the proceedings.
2. Local Board Participation -- A local board may act as hearing authority, disciplinarian or review
authority for any cases involving proposed long-term suspensions or expulsions. Whenever a
quorum of the local board acts in any such capacity, the Open Meetings Act (Section 10-15-1 et
seq., NMSA 1978) requires a public meeting.
III. INITIATION OF FORMAL HEARING PROCEDURES:

An authorized administrative authority shall initiate procedures for long-term suspension or expulsion of a
student by designating a hearing authority and disciplinarian in accordance with local board polices,
scheduling a formal hearing in consultation with the hearing authority, and preparing and serving a written
notice that meets the requirements that follow:
A. Service of Notice: The written notice shall be addressed to the student through his/her
parent/guardian, and shall be either personally delivered or mailed to the parent.
B. Timing of Hearing: The hearing shall be scheduled no sooner than five (5) nor later than ten (10)
school days from the date of delivery or mailing of the notice, whichever is earlier. The hearing may
22
be scheduled sooner if mutually agreed upon by the parent and hearing authority. The hearing
authority may grant or deny a request to delay the hearing.
C. Contents of Notice: The written notice must contain all of the following information, parts of which
may be covered by appropriate reference to copies of any policies or regulations furnished with the
notice:
1. The school rule(s) or Code of Conduct guideline(s) alleged to have been violated, a concise
statement of the alleged act(s) that the charge(s) is based, and a statement of the proposed
penalty.
2. The date, time and place of the hearing, and a statement that both the student and
parent/guardian are entitled and urged to be present.
3. A clear statement that the hearing will take place as scheduled, unless the hearing authority
grants a delay or the student and parent agree to waive the hearing and comply voluntarily with
the proposed disciplinary action, and a clear and conspicuous warning that failure to appear will
not delay the hearing and may lead to the imposition of the proposed penalty by default.
4. A statement that the student has the right to be represented at the hearing by legal counsel, a
parent, or some other representative designated in a written notice filed at least 72 hours
before the hearing with the contact person named pursuant to 6) below.
5. A complete description of the procedures that will govern the conduct of the hearing pursuant to
SBE 81-3.
6. The name, business address, and telephone number of the contact person through whom the
student, parent or designated representative may request a delay or seek further information.
7. Any other information, materials or instructions deemed appropriate by the administrative
authority that prepares the notice.
IV. PENDING THE HEARING:

A. Delay of Hearing: The hearing authority shall have discretion to grant or deny a request by the
student or the appropriate administrative authority to postpone the hearing. Such discretion may be
limited or guided by local school board policies not otherwise inconsistent with this regulation.
B. Student's Status Pending Hearing: Where a student has been suspended temporarily and a formal
hearing on long-term suspension or expulsion will not occur until after the temporary suspension has
expired, the student shall be returned to school at the end of the temporary suspension unless:
1. the provisions of Subsection C below apply, or
2. the student and parent have knowingly and voluntarily waived the student's right to return to
the school pending the outcome of formal proceedings, or
3. the appropriate administrative authority has conducted an interim hearing pursuant to a written
local school board policy made available to the student which affords further due process
protection sufficient to support the student's continued exclusion pending the outcome of the
formal procedures.
C. Voluntary Withdrawal from School Pending a Hearing: If a student voluntarily withdraws from
school pending a hearing, it remains the intent of the district to hold a formal hearing prior to
allowing the student to re-enter SFPS. A letter shall be placed in the students cumulative record
stating the student withdrew from school pending the disposition and recommendation of the
hearing, and that the student shall not enroll in any SFPS until a formal hearing is conducted.
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D. Waiver of Hearing: Voluntary Compliance or Negotiated Penalty: A student and his/her
parent/guardian may elect to waive the formal hearing and review procedures and voluntarily comply
with the proposed penalty, or may waive the hearing and review and negotiate a mutually acceptable
penalty with the hearing authority. Such a waiver and compliance agreement shall be knowing,
intelligent, and made voluntarily, and shall be evidenced by a written document signed by the student,
the parent/guardian and the hearing authority.
V. PROCEDURES FOR HEARING AND DECISION:

The following rules govern the conduct of the hearing and the ultimate decision:
A. The school shall have the burden of proof of misconduct.
B. The student and his/her parent/guardian shall have the following rights, any of which may be waived
in writing:
1. The right to be represented by legal counsel or other designated representative.
2. The right to present evidence subject to reasonable requirement of substantiation at the
discretion of the hearing authority and exclusion of evidence deemed irrelevant or redundant.
3. The right to confront and cross-examine adverse witnesses, subject to reasonable limitation by
the hearing authority.
4. The right to have a decision based solely on the applicable legal rules, including the governing
rules of student conduct and the evidence presented at the hearing.
5. The hearing authority shall determine whether the alleged act(s) of misconduct has been proved
by a preponderance of the evidence presented at a hearing at which the student and/or a
designated representative appeared.
6. If no one appeared on the student's behalf within a reasonable time after the announced time
for the hearing, the hearing authority shall determine whether the student, through the
parent/guardian, received notice of the hearing. If so, the hearing authority shall review the
school's evidence to determine whether it was sufficient to support the charge(s) of misconduct.
7. The hearing authority, who is also a disciplinarian, shall impose the proposed sanction or other
appropriate measure if he/she finds that the allegations of misconduct have been proved.
8. The hearing authority's decision shall take effect immediately upon notification to the parent,
either at the close of the hearing or upon receipt of the written decision. If notification is by
mail, the parent shall be presumed to have received the notice on the fifth calendar day after
the date of mailing.
9. The hearing authority may announce a decision on the question of whether the allegation(s) of
misconduct has been proved at the close of the hearing. The hearing authority, who is also a
disciplinarian, may also impose a penalty at the close of the hearing.
10. Arrangements to make a tape recording or keep minutes of the proceeding shall be made by the
administrative authority that scheduled the hearing and prepared the written notice.
11. The hearing authority shall prepare and mail or deliver to the student, through the parent, a
written decision including reasons therefore within five (5) school days after the hearing. The
hearing authority shall include in the report a statement of the penalty, if any, to be imposed.
VI. FOLLOWING THE FORMAL HEARING:

A. Effect of the Decision: If the hearing authority decides that no allegation(s) of misconduct has
been proved, or declines to impose a penalty despite a finding that an act of misconduct has been
proved, the matter shall be closed. If the hearing authority imposes any sanction on the student, the
decision shall take effect immediately upon notification of the parent/guardian, even if the student
subsequently appeals to the review authority.
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B. Right of Review. A student aggrieved by the disciplinarians decision after a formal hearing shall
have the right to have the decision reviewed if the penalty imposed was at least as severe as a long-
term suspension or expulsion, an in-school suspension exceeding one school semester or a denial or
restriction of student privileges for one semester or longer. A student request for review must be
submitted to the review authority within ten (10) school days after the student is informed of the
disciplinarians decision.
C. Conduct of Review: The school board shall be bound by the hearing authority's factual
determination unless the student persuades the review authority that a finding of fact was
arbitrary, capricious, or unsupported by substantial evidence or that new evidence which has come to
light since the hearing and which could not with reasonable diligence have been discovered in time for
the hearing would manifestly change the factual determination. Upon any such finding, the review
authority shall have discretion to receive new evidence or conduct a de novo hearing.
D. Form of Review: Unless the local board provides otherwise, a review authority shall have discretion
to conduct a review on the written record of the hearing and decision in the case to limit new
submissions by the aggrieved student. School authorities may present their respective views in
person. Where a conference or hearing is granted, the record-keeping requirements of Subsection
A8 (above) apply.
E. Timing of Review: Except in extraordinary circumstances, a review shall be conducted no later then
15 working days after a student's written request for review is received by the appropriate
administrative authority.
F. Decision: A review authority may announce a decision at the close of any conference or hearing held
on review. In any event, the review authority shall prepare a written decision, including concise
reasons, and mail or deliver it to the disciplinarian, the hearing authority and the student, through
the parent, within ten (10) working days after the review is concluded.
G. Effect of Decision: Unless the local school board provides otherwise, a review authority's decision
shall be the final administrative action to which a student is entitled.
GUIDELINES FOR SUSPENSIONS
The right to attend public school is not absolute. It is conditional on each students acceptance of the
obligation to abide by the lawful rules of the school community until and unless the rules are changed through
established processes. Only a site administrator or his/her designee may suspend a student from school.
The site administrator or his/her designee will inform the parent or guardian of the suspension before a
student can be suspended. In the event that the parent or guardian cannot be contacted, the site
administrator/designee will maintain documentation that an attempt was made to inform the parent and/or
guardian of the suspension.
When a student is suspended or expelled from school, she/he is not to be on any school campus or attend any
school-sponsored activity for the duration of the suspension or expulsion, including after school, week-ends
or holidays. Failure to comply may result in legal or other disciplinary action against the student.
I. IN-SCHOOL SUSPENSION (available at some of the school-sites):

An action taken by an administrator after an informal hearing, which temporarily denies a student the right
to attend scheduled classes and, instead, requires the student to attend either a special program within the
school, or an alternative classroom or designated area within the school. In-school suspension may be imposed
with or without further restrictions of student privileges. A student who is placed in an in-school suspension
which exceeds ten (10) school days must be provided with an instructional program that meets both local
educational requirements and the Educational Standards for New Mexico Schools. Student privileges
25
however may be restricted for longer then ten (10) school days. Students assigned to in-school suspension
are considered present (not absent) in the district.
II. IN-SCHOOL SUSPENSION (ISS) SECONDARY LEVEL*:

In-school suspension, while continuing access to the academic program, should seek to provide opportunities
for the student. ISS should provide opportunities for the student to reflect upon his/her behavior,
determine his/her responsibility regarding this behavior, and develop skills to correct the behavior, enabling
the student to return to the regular school program. (*If available at the school-site)
A. The maximum term for ISS for Middle School is no more than five full consecutive days, for high
school, no more than 2.5 consecutive days.
B. The minimum term for ISS for Middle School is no less than one full day, for High School no less
than 1/2 day.*
C. ISS should not include partial days; any term less than 1/2 day is considered detention.
D. The maximum total days of ISS to be served are as follows:
1. Fifteen full days per year at middle school level.
2. Seven and one-half days per semester at high school level.
3. Special education students should serve no more than ten cumulative days per year.
All referrals to ISS should come from a site administrator who, after reviewing the students records of
past infractions, determines if ISS is appropriate. ISS should be used only after other available resources
(counseling, special education, etc.) and other means of discipline have been exhausted (Refer to Code of
Conduct Disciplinary Action Levels).
A student may be sent to ISS upon immediate removal from the classroom in urgent circumstances, where
he/she should begin the intake process and the behavior contract while awaiting class assignments.
Otherwise, the student should bring a completed class work assignment form and any needed textbooks or
other materials to complete class work.
The student should be accompanied to the ISS facility by an administrator, faculty member, staff member
or office aide. All completed paperwork should accompany the student, including ISS referral form and class
work assignment form. In instances when a student is sent immediately to ISS or serves only a one-day
term, effort should be made to notify parents by telephone during the same day. The student will not have
the option to leave the campus during ISS.
School sites may use their own forms for referral, intake, contract, behavior management plan, etc., but
should follow a consistent process as follows:
A. In cases involving routine infractions (classroom disruption, etc.), the classroom teacher will
document the student's behavior and attempt to resolve the issue before contacting the
administrator.
B. If not successful, the teacher will refer the matter to the administrator.
C. The administrator will review the student's records concerning past infractions and the student's
special needs, and will consider all available resources for dealing with the issue.
D. If the administrator determines that ISS is appropriate he/she will complete referral paperwork.
E. The ISS facilitator must document all infractions and maintain program records including intake
information.
F. The student must execute a formal agreement to comply with ISS rules.
G. The student must complete behavior contract or plan and a letter of apology, if appropriate.
H. The student must work on class assignments from his/her teacher(s). The unfinished work will be
sent with the student as homework.
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I. After completion of the ISS term, the student will be returned to his regular schedule according to
site procedures.
J. Information from the behavior contract will be reviewed by the ISS facilitator and/or the
administrator (if necessary). The ISS facilitator will advise the administrator of any student who has
served ISS for multiple terms, of a student whose behavior in ISS warrants additional disciplinary
measures (including additional ISS service), or any other special circumstances related to the
student's service of ISS.
*High schools may choose to maintain a detention program (along with ISS Program) for "cooling off" and
other temporary, short-term placement.
II. ONE DAY SCHOOL SUSPENSION:

An action taken by an administrator, which temporarily denies a student the right to attend school including
all classes and school activities for a period of no more than one (1) school day. A reinstatement meeting may
be required when the student returns to school. The student may not be on Santa Fe Public School property
during his/her suspension period.
III. TWO TO FIVE DAY SUSPENSION:

An action taken by an administrator after an informal hearing which temporarily denies a student the right
to attend school, including all classes and school activities, for a period of more than one (1) school day but
not more than five (5) school days. A student will be reinstated after the assigned number of days
suspended. Within five (5) school days after reinstatement, a conference with the student and the
parent/guardian must be held to agree mutually on ways the misconduct can be avoided in the future. The
school administrator, parent and student may select an earlier or later date mutually agreed upon to it to
allow for a restorative justice meeting to take place, if agreed as above, before the student returns from
suspension. The student may not be on Santa Fe Public School property during his/her suspension period
except in the instance where a school administrator has scheduled an appointment for a re-entry conference
with suspended student and parent or guardian.
IV. SIX TO TEN DAY SUSPENSION:

An action taken by an administrator after an informal hearing which temporarily denies a student the right
to attend school, including all classes and school activities, for a period of more than five (5) school days but
not more than ten (10) school days. A student will be reinstated after the assigned number of days
suspended. Within five (5) school days after reinstatement, a conference with the student and the
parent/guardian may be held to mutually agree on ways the misconduct can be avoided in the future. An
earlier or later date may be selected if the school administrator, parent and student mutually agree to it to
allow for a restorative justice meeting to take place, if agreed as above, before the student returns from
suspension. The student may not be on Santa Fe Public School property during his/her suspension period
except in the instance where a school administrator has scheduled an appointment for a re-entry conference
with suspended student and parent or guardian.
V. HOMEWORK DURING SUSPENSION:

Students will be given the opportunity to make-up homework and class work missed during a suspension
period within a reasonable given time frame and without penalty. Parents must pick up class work within two
school days after the child is suspended.
The local board shall authorize appropriate administrative authorities to initiate proceedings leading
to long-term suspension or expulsion.
VI. LONG-TERM SUSPENSION:

27
The removal of a student from the district and all school-related activities for more than ten (10) days and
up to the balance of the semester or for the remainder of the school year. A long-term suspension requires
a due process hearing. When appropriate, a student who is long-term suspended may be placed in an
alternative program.
VII. EXPULSION:
The removal of a student from the District and all school-related activities for a period exceeding one
semester. In some cases, expulsion may be a permanent removal from the District. An expulsion requires a
due process hearing. When appropriate, a student who is expelled may be placed in an alternative program.
Expulsion from the district requires Board action.
Where prompt action to suspend a student long-term is deemed appropriate, a temporary suspension is
activated. However, where a decision following the required formal hearing is delayed beyond the end of the
temporary suspension, the student must be returned to school pending the final outcome unless the
provisions of sub-section B3 (page 27) of Students Status Pending Hearing applies.
VIII. ALTERNATIVE EDUCATION:

Alternative placement means referral to a different educational program or school.
PROCEDURES FOR LONG-TERM SUSPENSION OR EXPULSION OF

STUDENTS WITH DISABILITIES
I. INITIAL DETERMINATION(s):
When a student with a disability or a student whom the administrative authority has reason to
suspect may have a disability violates a rule of conduct as set forth in this regulation, which may
result in long-term suspension or expulsion, the following procedures shall apply.
A. The administrative authority shall conduct an informal administrative conference to determine if
disciplinary action is warranted.
B. The purpose of the conference shall be to:
1. conduct interviews;
2. afford the child the opportunity to explain the alleged misconduct;
3. determine whether the child has an Individual Education Plan (IEP) in accordance with IDEA or
plan in accordance with Section 504 of the Rehabilitation Act of 1973 (hereinafter "Section
504") in effect and if so whether the IEP or Section 504 plan contains alternative disciplinary
strategies; and,
4. determine whether a referral for formal evaluation should be made if an IEP or Section 504 plan
is not in effect and a disability is suspected.
The administrative authority shall make a determination as to whether the conduct warrants long-term
suspension or expulsion. Nothing herein shall preclude the administrative authority from imposing a short-
term suspension and/or seeking an injunction from a court of competent jurisdiction or an order from an
IDEA hearing officer to exclude or change the placement of a student when the administrative authority
believes that maintaining the current placement is substantially likely to result in injury to the child or
others.
II. PARENT NOTIFICATION:
28
Upon a determination by the administrative authority that long-term suspension or expulsion will not be
pursued, the administrative authority shall notify the parent(s) of the incident.
Upon a determination by the administrative authority that the student's IEP or Section 504 plan sets forth
alternative discipline strategies for the behavior, the administrative authority shall implement the
alternative strategies and notify the parent(s) accordingly.
Upon a determination by the administrative authority that an IEP or Section 504 plan is not in effect for the
student, and that a referral for formal evaluation should be made, the administrative authority shall refer
the student for a formal evaluation and shall notify the parent(s) in accordance with applicable requirements.
Upon determination by the administrative authority that long-term suspension or expulsion will be pursued
and that an IEP or Section 504 plan is in effect for the student, the administrative authority shall notify
the parent(s) as follows:
A. scheduling of the IEP meeting in accordance with the requirements of the IDEA Part B and 34 CFR
300 or Section 504, and 34 CFR Part 104, as applicable; and,
B. contemplating disciplinary action.
III. MANIFESTATION INQUIRY

The administrative authority shall convene the IEP or Section 504 meeting to determine if the student's
behavior is a manifestation of the disability and whether the student's IEP or Section 504 plan is
appropriate. Federal requirements and the state student rights and responsibilities rules (See 6.31.2.11
(F)(2) New Mexico Administrative Code) require that a manifestation determination for a student with an
Individualized Education Plan (IEP) under the IDEA or a Section 504 plan must be conducted before the
suspension or expulsion hearing.
A. If the conduct in question was caused by, or had a direct and substantial relationship to the childs
disability; 1415(k)(1)(E)(i)(l) or
B. If the conduct in question was the direct result of the local schools failure to implement the IEP.
1415(k)(1)(E)(i)(l)
See 6.11.2.11(C) New Mexico Administrative Code (NMAC) and 34 Code of Federal Regulation (CFR) Sec. 300.523. These questions are
addressed by the IEP team or Section 504 team as educational planning issues. Both questions must be answered no before a student
may be suspended long-term or expelled. See 6.11.2.11 (C)(5) NMAC and 34 CFR Sec. 300.524(a). A yes answer to either question
means the disciplinary process may not proceed and the behavioral issues must be addressed through the IEP or 504 process with a
change in placement or services. See 6.11.2.11(C)(3)-(4) NMAC and 34 Code of Federal Regulation (CFR) Sec. 300.523(c)-(f).
If the determination is made that the behavior is a manifestation of the disability, the IEP/Section 504
Committee shall revise the IEP or Section 504 plan as needed to address the needs of the student. The
student may not be suspended or expelled from school for more than ten (10) days in a school year unless
such action is allowable under 34 CFR 300.519 without establishing a pattern of exclusion or unless the
school district obtains an order from a court of competent jurisdiction to remove the student from school or
to change the student's placement.
If the determination is made that the behavior is not a manifestation of the disability but that the
student's program is inappropriate, the IEP/Section 504 Committee shall revise the IEP/Section 504 plan.
The student may not be suspended or expelled from school for more than ten (10) school days in a school
year unless such action is allowable under 34 CFR 300.519 without establishing a pattern of exclusion or
unless the school district obtains an order from a court of competent jurisdiction to remove the student
from school or to change the student's placement.
29
If the determination is made that the misbehavior is not a manifestation of the disability and the child's
program is appropriate, the administrative authority may proceed to initiate long-term suspension or
expulsion.
IV. SPECIAL RULE:
This rule shall apply when a child with a disability is determined to have:
A. Carried or possessed a weapon to or at school, on school premises, or at school functions.
1414(k)(1)(G)(i);
B. Knowingly possessed or used illegal drugs, or sold or solicited the sale of controlled substances at
school, on school premises, at school functions. 1415(k)(1)(G)(ii);
C. Inflicted serious bodily injury while at school, on school premises or at a school function.
1415(k)(1)(G)(iii);
1. Substantial risk of death,
2. Extreme physical pain,
3. Protracted/obvious disfigurement, and,
4. Protracted loss or impairment of function of bodily member, organ, or mental faculty. 18 U.S.C.
1365(h)(3)
A student who has a disability in accordance with Part B of IDEA and who is determined to have brought a
weapon to school or who has knowingly possessed or used illegal drugs or sold or solicited the sale of a
controlled substance or has inflicted serious bodily injury while at school, on school premises or a school
function may be immediately placed in an interim alternative educational setting for not more than forty-five
(45) school days during the manifestation inquiry. The interim alternative educational setting shall be
determined by the IEP Committee, which includes the students parent(s) in compliance with all applicable
requirements of 34 CFR 300.522. Parental consent to the alternative placement is not required. [08-15-97]
If the parent(s) of a student placed in an alternative educational setting pursuant to this Special Rule
request(s) a due process hearing pursuant to Part B of IDEA, the hearing shall be expedited pursuant to 34
CFR 300.528 and 6.5.2.13(1)(11), and the student shall remain in the alternative educational setting during
the pending of any proceedings, unless the parent(s) and administrative authority agree otherwise, or if the
IDEA hearing officer orders otherwise pursuant to 34 CFR 300.526 and 6.5.2.13(1)(16) NMAC.
If, upon final determination, it is decided that bringing the weapon to school is unrelated to the students
disability, the administrative authority may proceed to initiate long-term suspension or expulsion
proceedings.
FUNCTIONAL BEHAVIORAL ASSESSMENT AND BEHAVIOR INTERVENTION
The administrative authority shall ensure that a functional behavioral assessment is conducted and that a
behavioral intervention plan for each student with a disability under the IDEA is developed or reviewed and
revised by the IEP team in compliance with 34 Code of Federal Regulation 300.520(b)(c) and not later than
ten (10) school days after first removing the student from his or her current educational placement for
more than 10 days in a school year or commencing a removal that constitutes a change of placement under 34
CFR 300.519, including an action described in 6.l.4.11D NMAC.
ALTERNATIVE EDUCATIONAL SERVICES DURING THE PERIOD OF LONG-TERM

SUSPENSION OR EXPULSION
I. Alternative educational services for a student with a disability upon whom a long-term suspension or
expulsion has been imposed for behavior not related to the disability shall be provided as follows:
30
II. During the period of disciplinary exclusion from school, each student who is disabled pursuant to the
IDEA must continue to be offered a program of appropriate educational services that is individually
designed to meet his or her unique learning needs and provides a Free Appropriate Public Education
(FAPE) pursuant to 34 CFR 300.121(d). Such services may be provided in the home, in an alternative
school, or in another setting.
III. School districts may cease educational services to students who are disabled pursuant to Section
504 during periods of disciplinary exclusion from school that exceed ten (10) school days if students
who are not disabled do not continue to receive educational services in similar circumstances.
PROVISION OF INTERIM ALTERNATIVE EDUCATIONAL SERVICES (I.A.E.S.)

I. The parent(s) shall be notified of the IEP/Section 504 meeting.
II. An IEP is developed to reflect the alternative educational services and placement to be provided to
the student during the period of the long-term suspension or expulsion.
III. If the parent(s) request a due process hearing, the hearing shall be expedited during the tendency
of any proceedings, unless the parents and administrative authority agree otherwise or the IDEA
hearing officer orders otherwise pursuant to 34 CFR 300.526 and 6.5.2.13(1)(16) NMAC. the student
shall remain in the alternative educational setting.
Local school boards shall adopt policies stating whether a student will receive grades and/or credit during
the period of long-term suspension or expulsion. Students who attend I.A.E.S. will have the opportunity to
progress in the general education curriculum and receive course credit provided the student meets the
course of study requirements at a satisfactory level.
Excerpted from Federal Register 34 CFR Pats 300 and 303 Final Regulations [03-12-99] and Revised Section
of New Mexico State Board of Education Regulation Governing Long-Term Suspensions or Expulsions of
Students with Disabilities 6 New Mexico Administrative Code 1.4.11.
Complaint Resolution Process

Special Education
Case Manager Contact Teachers

PARENT Teacher
Principal Assistant Director of Special

Education@ 467-2549
SFPS Hearing Officer
467-1902
Director of Special Ed.
@ 467-2503
31
Parents Reaching Out (PRO)
Advocacy (800) 524-5176
Other agencies available upon request
You may put your concerns in writing
to the Associate Superintendent:
Denise Johnson
New Mexico State Department of Education
Santa Fe Public Schools
Special Education Office
610 Alta Vista, Santa Fe, NM 87505
827-6541 or (800) 659-8331
You may put your concerns in writing

You may request mediation, file a complaint, or request to the Superintendent:
a due process hearing by writing: Bobbie Gutierrez
Dr. Veronica Garca, Secretary of Education Santa Fe Public Schools
New Mexico Public Education Department 610 Alta Vista, Santa Fe, NM 87505
Education Bldg., 300 Don Gaspar, Santa Fe, NM 87031
ABSENCES REPORTING STUDENT ABSENCE
Parents must notify the school in a timely manner of their childs absence and/or send a written notice on
the day the child returns to school. Notification of an absence will only be accepted within the three days
following the childs return to school.
ACTIVITIES
Student activities shall be regarded as a vital part of the total educational program and shall be used as a
means of developing wholesome attitudes and good human relations, as well as knowledge and skills. Refer to
SFPS Policy 5310.
32
ALCOHOL AND OTHER SUBSTANCE ABUSE
The Board of Education of the Santa Fe Public School District recognizes tobacco, alcohol and other drug
use/abuse as a societal problem and that dependency on such drugs is a disease that can be successfully
treated. The Board recognizes the responsibility to establish discipline policies and procedures in relation to
student tobacco, alcohol and other drug use. In addition, the Board supports other alternatives for helping
students and their families, staff training, and community education/awareness activities.
In accordance with local Board Policy 222 and State Board of Education Regulation 81-3, the Santa Fe
Schools prohibit students from using, possessing, distributing or trafficking tobacco, alcohol and/or illegal
drugs on school property, at school, or at school-sponsored activities. Students, while on school property or
attending a school-sponsored activity, who use, possess, distribute, or sell tobacco, alcohol, and/or other
drugs shall be subject to intervention, discipline, suspension, expulsion and/or other appropriate alternatives.
(See page 53 of the Code of Conduct for Medication in the Schools.)
I. USING AND POSSESSING TOBACCO, ALCOHOL, AND/OR ILLEGAL SUBSTANCES

A. Alcohol and/or Illegal Substances Procedures:
A staff member witnesses or can substantiate a student using and/or possessing alcohol, illegal drugs,
mood-altering substances, or illicit use of any substance while at school, on school property or at a
school-sponsored activity. Students are exempt if they find a substance and immediately turn in the
substance to a staff member.
1. The staff member will inform the principal or designee of the details immediately.
2. The principal or designee will notify the parent/guardian and the police.
3. The student will be referred to the police who would then incarcerate or release the student to
the parent.
4. Any confiscated alcohol or other illegal substances or paraphernalia must be turned over to the
police.
5. The principal will complete the Tobacco referral form and the No-Use Contract found in the
SFPS Student Wellness Handbook. A referral to Teen Court or other auxiliary services are
recommended.
6. A consent form for mutual exchange of information will be completed as soon as possible. A
summary of the student referral will be sent to the assessment agency as soon as possible.
7. The parent/guardian will be given written materials and information on the available community
resources offering assessment services.
8. The student will be suspended out-of-school for a minimum of three days.
9. Upon reviewing the recommendation of the substance-use assessment, the counselor will contact
the parent to determine whether the recommendation had been followed.
10. After the first offense, all other offenses will result in required treatment, long-term
suspension, or other options as determined by the school officials, which may include expulsion.
B. Tobacco Procedures:
A staff member witnesses or can substantiate a student using tobacco at school, on school property or at
a school-sponsored activity. For elementary and junior high students, possession may be handled in the
same manner.
1. The principal or elementary counselor will be notified of the incident immediately.
2. The parent will be contacted and a student/parent conference will be held, if possible, or at a
minimum by telephone. Written information on smoking, tobacco, and gateway drugs (cigarettes,
alcohol, mood-altering substances, marijuana) will be shared with the parent in person or by mail.
3. A No-Use contract will be completed.
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4. The student and parent will be referred to free smoking and tobacco community classes,
information sessions, or clinic as available in lieu of suspension, or will be suspended up to three
days, which may include in-house suspension if available. The school will provide a list of such
referrals. The student must provide verification of attendance within two weeks.
5. After the first offense, all other offenses will result in required classes/sessions, long-term
suspension, or other options, as determined by the principal or designee.
6. The principal will complete the Alcohol or Other Drug (AOD) Referral form and the No-Use
Contract found in the SFPS Student Wellness Handbook. A referral to Teen Court or other
auxiliary services are recommended.
II. RULE FOR DISTRIBUTING OR TRAFFICKING ALCOHOL AND/OR OTHER DRUGS

A staff member witnesses and/or can substantiate that a student is distributing and/or trafficking alcohol
and/or other illegal drugs, mood altering substances, or legal prescription drugs while at school, on school
property or at a school-sponsored activity. Distribution is giving substances to other students. trafficking is
exchanging money for illegal substances.
A. Procedures:
1. The staff member will inform the principal or designee of the details immediately.
2. The principal or designee will first notify the parent/guardian then contact the police. The
student will be released to the police.
3. Following a rudimentary hearing, the student will be suspended while the procedures for long-
term suspension are activated. If at the hearing conducted in accordance to Board Policy 5320,
the student is found guilty of the offense under this section of the Regulation, the
superintendent shall determine if the student will be given long-term suspension.
4. The student may be reinstated at the conclusion of the suspension after a meeting is held with
the parent/guardian, principal or designee, student, and others as deemed necessary by the
principal. Those named above will develop a written plan of action to include a behavioral contract
signed by the student and parent/guardian.
5. Steps 1-4 do not exclude more serious consequences including a recommendation for expulsion, if
in the principals judgement, the students behavior necessitates such action.
III. COMPLIANCE:
A. Students are required to comply with the recommendation of the assessment. Compliance with
further recommendations made by the initial program will also be required.
B. Failure of the student to comply with these recommendations will result in a principal or designee and
Core Team Leader meeting to determine the enrollment status of the student. Under Board Policy
5320, this may include long-term suspension or recommendation of expulsion from school.
IV. USE OF DOGS FOR DETECTING DRUGS/WEAPONS

The use of dogs for random, unannounced searches may be conducted throughout the year. The searches
shall be conducted in the absence of students, but may be conducted during the school day with students
removed to another area of the school. When a search discloses illegally possessed contraband material
or evidence of some other crime, school personnel shall notify the local Childrens Juvenile Court
attorney or other law enforcement officers immediately. Persons engaging in criminal activity will be
turned over to the appropriate law enforcement agency immediately. With regard to students, every
34
effort will be made to contact parents before an interview by law enforcement officials is conducted.
When unable to contact the parent/guardian, the school official shall make decisions in the childs best
interest, including allowing the child to decide not to participate in the interview by law enforcement
officials. The school official shall strongly encourage the student to exercise his/her right to refuse to
be interviewed by law enforcement. (334AR)
ALTERNATIVE EDUCATIONAL SERVICES DURING THE PERIOD OF

LONG-TERM SUSPENSION OR EXPULSION
(SEE SUSPENSION, PAGE 29)
ATTENDANCE
The philosophy of the Santa Fe Public Schools is that regular school attendance and class participation are
essential if students are to benefit from the instructional program and to develop habits of punctuality,
self-discipline and responsibility. The responsibility of enforcing the Compulsory School Attendance Law
rests with the parents or legal guardians. The responsibility of the school district is to notify parents of
attendance problems.
To initiate enforcement of the provisions of the Compulsory School Attendance Law, the Board of Education
or its authorized representative shall give written notice by certified mail or by personal service to the
parent, legal guardian, or one having custody of the person subject to the provisions of the Compulsory
School Attendance Law. Any person continuing to violate the provision of the Compulsory School Attendance
Law, shall be subject to the Truancy Procedures adopted by the Board of Education and reported to the
Children, Youth and Families Department (1-800-797-3260) and/or the Juvenile Probation Parole Office
(JPPO). See Truancy Procedures on page 57 of the Code of Conduct. (Policy 300-1)
A. EDUCATIONAL TRAVEL REQUEST

Parent requested absences for education travel opportunities may be designated as an excused absence if
approved in advance, by the principal and the assigned schoolwork is completed within two weeks of return to
school or another agreed upon time frames. Critical times during the school year will not be excused: these
include the final weeks of the semester during scheduled final exams (unless student has completed enough
credit to have completed the course early), during the New Mexico Public Education Department required
testing cycles, and the District Fall and Spring Testing cycles. If the student is enrolled in participation
based courses (such as art, computer keyboard, PE, etc.) additional assignments upon return may be required
for credit recovery.
B. LOSS OF CREDIT
All absences (excused or unexcused) accumulating to more than ten (10) days in a semester (18 weeks) may
result in a loss of credit and/or grade level promotion. However, in lieu of loss of credit or grade level
promotion, the student may participate in a credit recovery plan to make up credit or grade level
requirements. The development of the credit recovery plan/promotion plan will be a decision jointly reached
by the students teachers, parents, and the student in a Student Success Team meeting. (Exceptions to this
rule include: absences due to hospitalization or illness if the student participates in bedside or homebound
instruction during the absence, school sponsored events). In cases where there is a dispute after the
Student Success Team meeting, parents and students have the right to appeal the decision as per SFPS
board policy.
C. EXCUSED ABSENCES
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1. Bereavement - Immediate family members are the child, spouse, father, mother, stepfather,
stepmother, aunts, uncles, siblings, step-siblings, half-siblings, grandparents, mother-in-law, father-
in-law, first cousins, foster parents, guardians, and others who reside in the same household with the
student.
2. Long-term illnesses are acute or chronic health-related problems that require a student to be out of
school more than three (3) consecutive days, as verified by health-care professionals note or school
nurse verification or School Based Health Center (Healthy Tomorrow's Van & Teen Health Centers).
3. Short-term illnesses are any medical or mental condition that requires a student to see a health
care professional on a recurring basis with standing appointments and, that such appointments occur
at least once per month. The student must obtain an official note from the health-care professional
(doctor, dentist, mental health counselor, etc.) verifying that the absence is recurring and necessary.
Short-term illnesses also include any medical or mental condition that keeps a student out of school
fewer than three (3) days, as verified by parent notification.
4. Hazardous weather conditions shall mean weather conditions that would endanger the health or
safety of the student when in transit to and from school as approved by the superintendent or
designee.
5. Late bus arrivals. Students will not be considered late or tardy if caused by late bus arrivals at
school.
6. Short Term Suspension, removal from school for one (1) to five (5) days for disciplinary reasons
(suspension cannot be used for discipline for students who are truant).
7. Long Term Suspension, removal from school for six (6) to ten (10) days or longer for disciplinary
reasons following a Formal Due Process Hearing (suspension cannot be used for discipline for
students who are truant).
8. School-sponsored/school sanctioned activities are: events or activities sponsored or held by school

clubs, athletics, extracurricular or curricular classes; and/or visits to college/university campuses on
officially designated visitation days or on alternate visits when the student has applied for admission
to that particular college/university.
BUS RULES
The rules listed below are provided by the State of New Mexico. Each school year the rules are distributed
to students who ride the buses, and parents are asked to sign a form acknowledging that they have reviewed
the rules. The form is kept on file at the school of attendance.
The school administrator and/or the Director of Transportation are responsible for any disciplinary action
for misbehavior on the bus and at the bus stop. A bus is an extension of the school and students riding the
bus must adhere to the rules and expectations outlined in the Code of Conduct. The bus driver is responsible
for maintaining written record of disciplinary actions taken on the bus, and submitting those records to the
site administrator when the infractions are considered serious and/or repeated. The same guidelines for
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disciplinary action specified in the Disciplinary Action Levels section will apply. Riding privileges may be
suspended for up to ten days at a time. Expulsion from riding privileges may also occur. Infractions that
warrant disciplinary action could include, but are not limited to the following:
Improper boarding/departing procedures > Spitting, littering and the use of tobacco
Failure to remain seated > Fighting/pushing/tripping/horse playing
Refusing to obey driver > Throwing items out of bus
Hanging out of the window > Tampering with bus equipment
Gang Related Activity > Use of tobacco or other drugs
Bullying and Harassment
If a student chooses to ignore a rule, the Principal upon receipt of a written Bus Conduct Report form signed
by the driver, will take the following disciplinary action(s): (The specific disciplinary action will depend
largely on the seriousness of the infraction.)
I. 1st offense-A warning to the student with a copy of the conduct report issued to the
parent/guardian. Parents are expected to help prevent a reoccurrence of the offense.
II. 2nd offense-Disciplinary action will be administered at the discretion of the Principal. Possible
options include a report to the parents and suspension of riding privileges.
III. 3rd offense-Automatic suspension of riding privileges will result. The length of suspension will
depend on the seriousness of the infraction. A report will be made to the parents.
IV. Severe disruption-The following inappropriate and dangerous behavior will result in automatic
suspension of transportation privileges as determined by the building principal.
A. physical harm to student(s)
B. physical harm to driver
C. physical damage to the bus
A student may be suspended by the bus driver for one AM or PM trip for serious, safety related infractions,
after he/she has notified the parent/guardian. Any further discipline will be determined by the principal.
Suspension of a student from his/her bus riding privileges does not necessarily mean the student is
suspended from school. Suspension from school does imply automatic suspension of bus riding privileges. In
addition to the suspension of transportation privileges, legal action may be taken and may result in charges
being filed.
NOTE: Any time a student has to make a deviation from his/her regular stop or bus route, he/she may take
another bus if a principal and parent gives written permission, or in the case it is a last minute decision, a
principal and parent can verbally consent provided there is space available on the bus for the student.
CELL PHONE/WIRELESS COMMUNICATION DEVICES

Cell phones may not be used to threaten, intimidate or in any way violate the security, safety and well-being
of others on school campuses and school sponsored activities or in school transportation vehicles. Cell
phones will not be used to take pictures, videos, or record audio sounds of students, faculty, or staff that
are considered sexually offensive, provocative, disrespectful, or otherwise inappropriate. Cell phones used
for such purposes will be confiscated and students will be banned for future use. Confiscated cell phones
will be returned to students and/or their parents following a formal due process hearing.
CHILD ABUSE AND NEGLECT
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I. DUTY TO REPORT SUSPECTED CHILD ABUSE AND NEGLECT: Pursuant to NMSA 1978 Section
32A-4-3, it is the duty of any school nurse, school teacher or administrator who knows or suspects
that a child is or has been abused or neglected upon penalty of fine to report this information
immediately to: (1) a law enforcement agency (city police @ 428-3710 or county sheriff @ 986-2455)
and (2) the county office of the Children, Youth and Families Department (1-800-797-3260). School
employees and officials shall cooperate with investigators of the above named agencies investigating
suspected child abuse and neglect.
II. INVESTIGATIONS OF CHILD ABUSE AND NEGLECT (AMENDED 1998)

A. In accordance with New Mexico Statute 32-A4-3, it is the duty of any school employee who knows or
suspects child abuse and/or neglect to report this information to a law enforcement agency and the
county office of CYFD (see telephone numbers above).
B. Investigators employed by public agencies authorized to investigate child abuse, including those
seeking to remove students from school for purposes of maintaining protective custody as part of a
child abuse investigation, are subject to the Verification, Documentation, and Parental Notification
Procedures.
C. Prior to any contact with a student by an officer and/or social worker, the principal or his/her
designee shall: write down the name, badge number, and agency of the officer(s) and social worker(s)
together with the date and time of appearance. Confirm by telephone the agency that employs the
officer(s) and/or social worker(s), their identity and authorization in seeking contact with the
student, and record the name and position of the person confirming such information and the time of
such confirmation. In instances in which the officer(s) is acting pursuant to a court-ordered
document, the principal shall obtain a copy of such document.
D. The principal or designee shall determine from the investigator whether it is appropriate to notify
the parent or guardian of the requested interview or the removal of the student from the school.
Parents or guardians are not to be notified when abuse is suspected. The proper law authority will be
responsible for notifying the parent or guardian if warranted.
E. In the event the investigator directs that such notice not be given, as in cases where a parent or
close family member is the suspected abuser, the Principal shall record such direction.
F. Where a law enforcement officer has a warrant or citation for the students arrest or an order
signed by a district judge, removal of the student by the officials under such order is mandatory
when presented to the principal. The parent or guardian must be notified.
G. The principal or any other school employee should not attempt to conduct an interview with the
student, beyond the basic information needed to report the incident or complete paperwork.
CLUBS
(See School Sponsored Clubs, page 53)
COMPLAINT PROCEDURE FOR PARENT/GUARDIAN
The Board of Education believes complaints are best handled and resolved as close to their origin as possible.
This section describes informal and formal ways that incidents of perceived unfair treatment or harassment
might be handled. Parents are partners in their childs education and are encouraged to speak to the
person(s) with whom there is a problem prior to filing a complaint, as quickly as possible. The following are
some options suggested for parents in an effort to resolve perceived problems.
INFORMAL COMPLAINT OPTIONS:
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1. Speak directly to the person with whom there is a problem
2. Write a letter to the person with whom there is a problem.
3. Meet with a neutral third party to discuss the situation.
4. Discuss your concerns with the persons supervisor.
FORMAL COMPLAINT PROCEDURES:

STEP ONE: Obtain a Complaint Procedures for Parents form from the Principals office, the district
office at 610 Alta Vista, on-line at www.sfps.info, or by contacting the Students and Parent Services Office
at 467-1902. The parent/guardian must complete the complaint form and submit it directly to the person
with whom there is a problem, with a copy to the persons supervisor. Information about the issue and how
the parent would like it to be resolved must be included in the complaint document. The person with whom
there is a problem will respond in writing to the parent within five (5) school days of receiving the written
complaint and will forward a copy of the response to the principal/supervisor.
STEP TWO: If not satisfied with the response, the parent has five (5) school days from the date of
receipt, to submit an appeal to the persons principal/supervisor. The principal/supervisor will confer with the
person with whom there is a problem and other staff who may be involved, and depending on the findings will
either 1) provide the parent/guardian a written response to the complaint or, 2) schedule a meeting with the
person with whom there is a problem, parent, principal or supervisor, and other staff as considered
appropriate to review the matter and to achieve resolution. A written record of the meetings to include the
actions to achieve resolution will be provided to both parties within five (5) school days.
STEP THREE: If the parent/guardian is not satisfied with the disposition of the complaint or should the
principal/supervisor fail to respond within the five school day prescribed time limit, the parent may appeal, in
writing, the matter to the Associate Superintendent or his/her designee.
STEP FOUR: Should the Associate Superintendent fail to respond within the five school day prescribed
time limit, or if the parent is not satisfied with the disposition of the complaint, the matter may be appealed,
in writing, to the Superintendent. The Superintendent at his/her discretion shall meet with the
parent/guardian and the employees involved in an effort to resolve the matter and shall render a decision in
writing within five school days.
STEP FIVE: If the parent is not satisfied with the disposition of the matter by the Superintendent, a
written appeal may be submitted to the Board of Education. Depending on the nature of the complaint the
Board will review the matter in either closed or open session, may hear testimony, and will act on the matter.
The Superintendent and parent shall be advised in writing of the decision of the Board.
DETENTION
An action taken by a teacher or administrator requiring a student to remain inside, stay before or after
school or otherwise restrict his/her liberty at times when other students are free for recess or to leave
school. Detention may be imposed in connection with in-school suspension, but is distinct from in-school
suspension in that it does not entail removing the student from any of his/her regular classes.
DRESS AND APPEARANCE DIRECTIVES

I. It is recognized that parents and school personnel have a common interest in the education, physical
and moral development of students. Student dress and appearance along with student conduct have a
39
definite influence on class discipline and student achievement. The manner in which students dress
and groom themselves has an important effect on their feelings and their school.
II. Coaches and sponsors of extra-curricular and co-curricular (such as choral or mariachi groups)
activities are granted authority to establish more stringent rules regarding dress and appearance for
students participating in such activities. Such additional rules shall not be inconsistent with
requirements of the activity and shall require approval of the principal.
III. The application of this directive shall recognize the right of the individual student (which is meant to
include individual exceptions for religious or medical reasons) in dress and appearance restricted on
the basis of health, safety, interference with work, or contribution to disorder in the school or
classroom. The student, in the exercise of his/her individual rights, bears a responsibility toward
the students with whom she/he shares a classroom, laboratory, shop or other group facility. the
staff and the school.
IV. Students are expected to be neat, clean, and appropriately dressed for learning. Shoes are meant to
include all outer footwear such as sandals, boots, clogs, etc. and must be worn at all times. Shoes
deemed to be unsafe or unhealthy would not be allowed.
V. STUDENTS ARE PROHIBITED FROM WEARING OR USING THE FOLLOWING ITEMS:

A. Clothing that disrupts the education process or endangers students including, but not limited to,
muscle shirts, tank tops, midriff tops, spaghetti straps, undershirts as outwear, shredded, off-the-
shoulder, low-cut, see-through, or minimal clothing. Bib overalls must have both straps attached.
B. Coats deemed to be disruptive, unsafe and/or unhealthy (Coats are defined, as overcoats or
outerwear).
C. Pants worn below the waist or in a manner that allows the underwear or bare skin to show, or which
are excessively baggy with low-hanging crotches. Pants and belts must be sized appropriate and worn
around the waist in an appropriate manner (no sagging). Pant cuffs will not drag, nor will they be held
up with staples, thumbtacks, or any other product not conducive to hemming a pant leg. Tear away
and side-zippered pants are to be used only in conjunction with athletic uniforms.
D. Any attire shorter than the point where extended fingers end when the student is standing up
straight. No skin should show between the bottom of the shirt/blouse and the top of the pants/skirt
when arms are stretched upward. No spandex shorts or pants.
E. Clothing, tattoos, or accessories which advertise, display, or promote any drug (including tobacco and
alcohol), sexual innuendo, violence, weaponry, profanity, hate, bigotry or gang related paraphernalia
are not allowed.
F. Inappropriate face or body painting.
G. Clothing or accessories that:
1. displays gang affiliation by color, insignia, or symbolism;
2. displays insignias that suggest illicit or abusive behavior (violence towards
others); and,
3. disrupts the orderly operation of the school.
H. Headgear of any kind such as hats, caps, bandanas, hairnets, sunglasses, and other head coverings
(such as sweatshirt hoods) are not to be worn in any SFPS building or facility with the following
exceptions. When said headgear is part of a:
1. work uniform or needed for a specific task(s) as deemed appropriate by the individuals teacher
or supervisor;
2. costume or uniform e.g. marching band, drill team, mariachi, etc.; or.
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3. prescribed religious sect dress code within the students tenet of faith.
I. Sunglasses covering the eyes inside school buildings.
J. Face make-up in elementary schools, except when determined appropriate by the school
administration.
K. Jewelry, body piercing jewelry, or hair styles that disrupt the education process or endanger student
including, but not limited to wallet chains, dog collars or spike collars, rings, bracelets, anklets or
gang related paraphernalia.
STANDARD DRESS
Definition: Standard Dress is a standard set of wearing apparel that looks the same but is more generic
in nature. (i.e., white shirts with collars, navy blue slacks, etc.) Standard dress must be consistent with the
Dress and Appearance Directives listed above. Standard dress is implemented in grades K through 8. High
school students must adhere to the dress and appearance directives set forth above. In all elementary
schools standard dress shall consist of:
Slacks or shorts of black, navy blue or khaki (straight legged or capri style, with no outer pockets on
pants, made from cotton twill, cotton/poly, corduroy cloth). Carpenter and cargo pants are not
allowed;
Denim jeans that are classic American straight-legged and waist size appropriate (no cargo pockets,
no adornments, torn, etc.). Docker style pants in khaki or navy blue colors;
Skirts, skorts and jumpers of black, navy blue or khaki (pleated or straight, yet no cargo style); and
Shirts, blouses, sweatshirts, turtlenecks or sweaters, short or long-sleeved, of any solid color, (polo,
oxford, collared with/without buttons. No logos except school logo on school tee shirts or
sweatshirts. Camisoles cannot be visible.
In all middle schools, standard dress shall be the same as elementary dress. Without Board approval, schools
cannot make changes to the above Standard Dress, or Dress and Appearance Directives.
Considerations and consequences for violation of the dress/appearance or uniform/standard dress policy may
vary according to grade level. Consequences vary but may include using clothing loaned by the school, being
sent home to change, or being suspended from school. If the staff and administration feel the clothing or
accessory to be disruptive, unsafe or unhealthy, students will not be able to appear with the item on campus.
These items will be confiscated and may be returned to a parent by appointment with an administrator.
Request forms for waiver of standard dress may be obtained by contacting the Superintendents Office at
467-2000.
DRUGS, ALCOHOL AND TOBACCO
(See Alcohol and Other Drug Abuse Regulations, Page 34)
FAIR TREATMENT PROCEDURES

The Santa Fe Public Schools Board of Education is committed to treating all students, staff and parents in
the Santa Fe Public School District fairly and impartially. The Board is committed to assuring a school and
working environment which is appropriate for institutions of learning and which assures the safety and
welfare of all. All students, parents and staff of the Santa Fe Public School District have the right to a due
process procedure in the handling of their complaints against the school system.
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DISCRIMINATION AGAINST STUDENTS
No student shall be excluded from participation in, be denied the benefits of, or be subjected to
discrimination in any educational program or activity available in any school on the basis of race, sex, religion,
color, age, national origin, linguistic and language differences, sexual orientation, socio-economic status,
physical or mental disability. Any such discriminatory practice or inhumane conduct shall constitute just
cause for complaint and/or remedy. Encouragement or discouragement of students to participate in
programs or activities shall be based solely on sound educational reasons.
The District will only produce and purchase for and/or use material in the classroom and extra- curricular
activities that portrays positively and accurately the contributions of all people and cultures. The District in
its classrooms and extra-curricular demonstrations, lectures, activities, counseling and/or placement of
students, will not demean, humiliate, intimidate, embarrass or offend students race, sex, religion, color, age,
national origin, linguistic and language differences, sexual orientation, socio-economic status or physical or
mental disability.
FEES (Student)
Regular school instructional programs are provided without cost to the student or family. Fees may be
required for materials used in products created by the student that become the personal property of the
student and for optional field trips and other activities. If such fees create an economic hardship for the
student and family, the fees may be waived and/or special arrangements made. Fines will be charged for
overdue books and damage to or loss of books or school equipment. Admission or participation fees may be
charged for extra-curricular programs and activities. Students may not have enrollment delayed or be
excluded from school because of outstanding fines or fees.
Family Educational Rights and Privacy Act

FERPA
Notification of Rights
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age
(eligible students) certain rights with respect to the students education records, they are:
I. The right to inspect and review the students education records within 45 days of the day the
district receives a request for access. Parents or eligible students should submit to the school
principal [or appropriate school official] a written request that identifies the record(s) they wish to
inspect. The principal will make arrangements for access and notify the parent or eligible student of
the time and place where the records may be inspected.
II. The right to request the amendment of the students education records that the parent or eligible
student believes are inaccurate or misleading. Parents or eligible students may ask Santa Fe Public
School District to amend a record that they believe is inaccurate or misleading. They should write
the school principal, clearly identify the part of the record they want changed, and specify what is
inaccurate or misleading. If the District decides not to amend the record as requested by the
parent or eligible student, the District will notify the parent or eligible student of the decision and
advise them of their right to a hearing regarding the request for amendment. Additional information
regarding the hearing procedures will be provided to the parent or eligible student when notified of
the right to a hearing.
III. The right to consent to disclosures of personally identifiable information contained in the student's
education records, except to the extent that FERPA authorizes disclosure without consent. One
exception, which permits disclosure without consent, is disclosure to school officials with legitimate
educational interests. A school official is a person employed by the District as an administrator,
supervisor, instructor, or support staff member (including health or medical staff and law
42
enforcement unit personnel). a person serving on the School Board. a person or company with whom
the District has contracted to perform a special task (such as an attorney, auditor, medical
consultant or therapist). or a parent or student serving on an official committee (such as disciplinary
or grievance committee) or assisting another school official in performing his or her tasks. A school
official has a legitimate educational interest if the official needs to review an education record in
order to fulfill his or her professional responsibility.
IV. The right to file a complaint with the U.S. Department of Education concerning alleged failures by
the District comply with the requirements of FERPA. The name and address of the Office that
administers FERPA is:
Family Policy Compliance Officer
U.S. DEPARTMENT OF EDUCATION
600 INDEPENDENCE AVENUE, SW
Washington, D.C. 20202-4605
FREEDOM OF EXPRESSION AND ASSEMBLY

The non-disruptive expression of opinions by students in the public schools, or by non-students near the
schools, is protected by the free speech guarantees of the United States and New Mexico Constitutions.
However, a persons rights of expression may be restrained when the time, place or manner of speech or
expressive conduct infringes on the schools compelling interest in maintaining undisrupted school sessions
conducive to learning. Refer to SFPS Board Policy 354 and State Board Education 81-3.
FREEDOM OF THE PRESS

Student publications are important elements of the instructional program and contribute directly to the
accomplishment of the schools goals.
The board recognizes the students constitutionally protected right to freedom of expression. Freedom of
expression in our schools shall be interpreted as including, and not being contrary to the:
development of student responsibility in distinguishing between freedom and license;
consideration by the faculty of the maturity levels of students and of appropriate standards of
journalistic taste; and,
care for the development of skills of written expression among students.
School authorities shall prohibit student publications that are obscene according to current legal standards,
which are libelous, or which inflame or incite students so as to create a clear and present danger of the
commission of unlawful acts or of physical disruption to the orderly operation of the school. Refer to SFPS
Policy 351.
GANG RELATED ACTIVITIES PROCEDURES
Gang related activities are any acts of: wearing clothing, displaying paraphernalia, and altering ones
appearance, the display of gang signs, symbols, monikers, or signals, that signifies or exhibits an individuals
affiliation with, or representation of, a gang. Recruitment, harassment, intimidation, posturing, bullying,
tagging or marking, assault, battery, theft, trespassing, or extortion, or criminal activity performed by an
individual affiliated with, or on behalf of, a gang. Gang affiliation and/or intent can be implied from the
character of the individuals acts as well as the circumstances surrounding the misconduct.
Students who display affiliation with gangs or other criminally motivated organizations will be subject to
discipline in accordance with the terms of the Code.
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First Offense: Parents will be contacted, and asked to come to the school to receive and sign the Gang
Related Activity Student Contract and Letter of Concern for Parents and related literature. If the student
is wearing clothing determined to be gang affiliated, he/she must acquire appropriate clothing before
returning to class. If arrangements cannot be made for appropriate clothing, parents will be asked to pick up
their child from school.
Second Offense: The student will be suspended for a minimum of three days, and Teen Court (or other
appropriate auxiliary service) will be offered.
Third Offense: All other offenses will result in required participation in Teen Court (or other appropriate
auxiliary service), suspended four to ten days, or other options, as determined by the principal or designee.
Fourth Offense: A formal due process hearing will be conducted and the recommendation from the school
administration may be long-term suspension from the District.
GRADES AND RECORDS

All schools within the Santa Fe Public School system shall report grades and student progress to parents on
a timely and regular basis.
The Santa Fe Public Schools shall maintain a cumulative record folder for each student attending its schools.
The cumulative record folder shall contain all permanent written records directly related to a student that
are kept by the school unit. Refer to SFPS Board Policy 325.
HAZING
Hazing will not be permitted in the Santa Fe Public Schools.
INTERNET USE AGREEMENT

Internet access is available to students and staff in the Santa Fe Public Schools. Use of computers in the
SFPS is a privilege, not a right, and involves student and staff acceptance of responsibility involved in
exercising this privilege.
The Internet is an electronic highway connecting thousands of computers all over the world with worldwide
access including availability of material that may not be considered to be of educational value in the context
of the school setting. On a global network, it is impossible to control all materials. An industrious user may
discover controversial information.
Internet access relies upon the proper conduct of the user who must adhere to strict guidelines. Those
guidelines are provided here so users are aware of the responsibilities. Users of the Internet must be
efficient, ethical and uphold legal utilization of the network resources.
I. COMPUTER MISUSE AND INTERNET TERMS AND CONDITIONS:

A. Acceptable Use: The use of school computers must support education and research and be
consistent with the educational objectives of SFPS. Use of other networks or computing
resources must comply with appropriate rules. Transmission of any material in violation of any
U.S or state regulation is prohibited. This includes, but is not limited to copyrighted material,
threatening or obscene material, or material protected by trade secret.
B. Network Etiquette: Users are expected to abide by the generally accepted rules of network
etiquette. These rules include (but are not limited to) the following:
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1. Use appropriate language.
2. Illegal activities are forbidden.
3. Do not reveal any personal information about yourself or other students or colleagues.
4. The e-mail is not guaranteed to be private. People who operate the system do have access
to all mail. Messages relating to or in support of illegal activities will be reported to the
authorities.
5. All communications and information accessible via the network should be assumed to be
private property.
6. Hate mail, harassment, discriminatory remarks and other antisocial behaviors are prohibited on
the network
7. Prior approval by the supervising individual is required for subscriptions that will be monitored
and deleted daily to avoid use of hard disk space.
8. Information obtained on the Internet is not necessarily accurate and may not be of the
quality expected for classroom use.
C. Security: Attempts to gain unauthorized access to system programs or computer equipment may
result in cancellation of user privileges. Downloading of information onto a hard drive is prohibited.
Any user identified as a security risk or having a history of problems with other computer systems
may be denied access to all school computers.
D. Vandalism: Vandalism may result in cancellation of privileges. Vandalism is defined as any malicious
attempt to harm, modify, or destroy computer hardware, software, or data of another user, either
via the Internet or any other computer of network. This includes, but is not limited to the uploading
or creation of computer viruses.
E. Use of computers, Internet, computer software (such as E2020 or Compass Odyssey) and computer
hardware: connection to computers (SFPS or any other computers) in the SFPS schools is intended
for educational research and other specific assignments made by faculty members.
II. CONSEQUENCES:
If a student violates any provisions of the school Acceptable Internet Use Agreement, the student:
A. shall be interviewed about the violation and asked what he or she could do to repair the harm. In
addition, the student may be denied access to all school computer facilities, equipment and software,
as follows:
1st offense Depending on the severity of the offence, may include allowing the student to correct
his/her or his/her action or denial of computer use for a minimum of one day up to a maximum of nine
(9) school weeks;
2nd offense denial of computer use for a minimum of nine (9) school weeks to a maximum of eighteen
(18) school weeks; and,
3rd offense denial of computer use for one full school year or the equivalent.
A formal due process hearing must be conducted before a student is denied access to the school
internet. A student denied computer use for more than three school weeks will be placed immediately
in a traditional classroom where district computers are not required to complete the course. When
class assignments require the use of computer equipment and software, the student whose access has
been denied, must make arrangements outside the school to complete the assignment;
B. removed from the class in which the violation occurred with a grade of WF (Withdraw/Fail) if the
majority of the class assignments are computer-centered; or,
C. subject to consequences outlined in Levels 3 5.
III. USER RESPONSIBILITIES:

The student and school employee will:
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A. adhere to Santa Fe Public Schools Acceptable Use Agreement without deviation or exception;
B. refrain from bringing unauthorized software or disks into the school building;
C. report any equipment damage or problems using equipment or software to the supervising individual.
One must make no attempt to "fix" it; and,
D. adhere to the Internet, Intranet, Email, and Digital Network Usage Policy.
INTERVIEW AND/OR INTERROGATION BY POLICE OFFICER/FIRE MARSHAL

1. An Interview is defined as the questioning of a witness or victim of an offense. Every effort will be
made to contact parents before an interview by law enforcement official is conducted. The parent/guardian
or school official may be present during the interview by law enforcement officials. When unable to contact
the parent/guardian, the school official shall make decisions in the childs best interest, including allowing
the child to decide not to participate in the interview by law enforcement officials. The school official shall
inform the child of his or her right to refuse to be interviewed by law enforcement officials.
2. An Interrogation is defined as the questioning of a person suspected of committing a criminal offense.

The school official must inform the parent/guardian prior to the questioning of the student by law
enforcement officials. The parent/guardian or school official may be present during the questioning by law
enforcement officials. When unable to contact the parent/guardian, the school official shall make decisions
in the childs best interest, including allowing the child to decide not to participate in the interrogation (see
guidelines described in B. 1, 2, & 3). The school official shall inform the child of his or her right to refuse to
be interviewed by law enforcement officials.
3. Parents are not to be contacted by school officials when a child is suspected to be a victim of abuse or
neglect. The proper law enforcement official will be responsible for notifying the parent/guardian if
warranted.
In most instances students are interviewed or interrogated on SFPS property: However,

A. Law enforcement officials may remove a student from school premises for questioning while the child
is properly in attendance without permission of the students parent/guardian,
1) if the student has attained majority;
2) in cases where the student is suspected to be a victim of abuse or neglect (Safe House
interviews are conducted off school property); or,
3) where the law enforcement official has a warrant or citation for the students arrest or an order
signed by district judge, removal of the student by officials under such order is mandatory when
presented to the principal. The parent/guardian must be notified.
B. When a child is a suspect of a crime and the law enforcement official requests the right to question
a minor student on school premises, during school hours or school-sponsored activities, the request
shall be honored only if the:
1) parent and/or guardian has been contacted and has approved;
2) parent and/or guardian is present to counsel the student, and if the parent cannot be present,
the school official shall use his/her discretion in permitting or prohibiting the interrogation given
his/her knowledge of students age, mental and physical condition, and ability to knowingly,
intelligently, voluntarily waive his/her rights; and,
3) student has been advised of the nature of the crime or activity of which he/she is suspected
and advised of his/her legal rights by the officer.
It is not the responsibility of the school principal to advise the student suspect of his basic rights as set
forth in the Childrens Code New Mexico Statutes Annotated 1978 Section 32A-1-16 and 32A-1-14.
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The principal shall not permit a student suspect age 13 or under to be photographed or fingerprinted at
school unless the officer presents a court order authorizing it. New Mexico Statutes Annotated 1978 32A-
2-14 (2).
4. Verification, Documentation, and Parental Notification Procedures:

Prior to any student being produced by a school principal for any contact with officers, the principal or his
designee shall:
A. Write down the name, badge number, and agency of the officer(s), and the date and time of
appearance.
B. Confirm by telephone with the agency that employs the officer(s) their identity and authorization in
seeking contact with the student. and record the names and position of the person confirming the
information, and the time of such confirmation.
1. In instances in which the officer(s) have appeared at the school to interview or make an arrest of
a student for suspected criminal activity, the principal shall also determine and write down the
agencys jurisdiction for conducting an interview or arrest of a student at school when such criminal
activity has not been:
a) committed at the school;
b) committed during school-sponsored activities;
c) committed on school grounds; and,
d) when such criminal activity involves crimes committed at the school for which assistance
has not been requested by the principal.
2. When the officer(s) is acting pursuant to an arrest warrant, a search warrant, or other court-
ordered document, the principal shall obtain a copy of such document.
C. Contact the students parent(s) or guardian, notify them of the contact, and record the time of
notification and the name of the person notified. If upon the initial request for contact by the
officer(s) or agency, the principal is directed by either not to attempt to notify the students
parent(s) or guardian or to obtain the attendance of the students parent(s) or guardian:
1. that direction should be added to the information recorded by the principal pursuant to this
section;
2. the officer should be asked to sign the statement; and,
3. if the officer refuses to sign the statement, the principal should note on the statement that the
officer refused to sign.
None of the above shall be construed to prevent school authorities from seeking law enforcement assistance
under extreme circumstances. Refer to SFPS Policy 336.
JURISDICTION OVER STUDENTS

All officials, employees and authorized agents of the public schools whose responsibilities include supervision
of students shall have comprehensive authority within constitutional bounds to maintain order and discipline
within the school.
In exercising this authority, such officials, employees and authorized agents of the public schools may
exercise such powers of control, supervision, and correction over students as may be reasonably necessary to
enable them to properly perform their duties and accomplish the purposes of education. This authority
applies whenever students are lawfully subject to the schools control regardless of place. During such
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periods, public school authorities shall have the right to supervise and control the conduct of students, and
students shall have the duty to submit to the schools authority.
The foregoing is intended to reflect the common law regarding the rights, duties and liabilities of public
school authorities in supervising, controlling and disciplining students. Nothing herein shall be construed as
enlarging the liability of public school authorities beyond that imposed by statute, common law or State
Board of Education regulation.
LOCKER AND STUDENT SEARCHES

School property assigned to a student and a students person or property while under the authority of the
public schools are subject to search, and items found are subject to seizure, in accordance with the
requirements below.
School officials shall be guided by the following in determining if a search should take place and the scope of
the search:
I. STUDENT AND SCHOOL RIGHTS

Students have the right to be protected from unreasonable searches. School officials have the right and
duty to maintain order and discipline and to provide for an appropriate and safe educational environment.
II. WHO MAY SEARCH

School administrators and/or their designee(s) are authorized to conduct searches when a search is
permissible. An authorized person who is conducting a search must, if at all possible, request the assistance
of some other person(s), who upon consent become(s) an authorized person for the purpose of that search
only.
School bus drivers are authorized persons to conduct searches under the following guidelines. If safety
considerations make a search advisable, the driver may require a student to empty clothing pockets or to
disclose the contents of purses, bookbags, backpacks and items of a similar nature. The students person is
not to be touched. Drivers must request another authorized school employee to search, when safety permits
delay for that purpose.
III. SCOPE AND EXTENT OF SEARCHES OF STUDENTS

The scope and extent of the search must be reasonably related to the reason for the search. For example,
the scope of the search for a stolen pen would be more limited than the search for a weapon. If the scope of
the search is very minimal, e.g., Show me your hands, the school official will not necessarily need to have an
individualized suspicion that the student is violating the law, or the rules or policies of the school.
More intrusive searches, such as pat-downs, may be conducted only on the basis of reasonable suspicion of
the individual student to be searched. The more intrusive the search of a students person, the greater the
necessity that school officials be able to articulate the specific basis of the suspicion, justifying such a
search. The following are offered as examples only:
A. If gum is contraband, those students chewing gum can be required to empty their pockets. School
officials should not, however, search any student without such reasonable belief that the particular
student has violated the rule; and,
B. A student smelling of marijuana can be searched for contraband, but other students should not be
searched without an individualized suspicion that they are violating the law or school rules.
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Prior to a search of a student's person, unless school officials reasonably perceive imminent risk or grave
bodily harm, every effort shall be made to contact the parent and allow that parent to be present for the
search. Searches of a students person beyond such minimal levels as show me your hands, shall be
conducted by a person of the same sex as the student, and shall be conducted in the presence of another
authorized person of the same sex.
School employees are expressly forbidden to conduct strip searches. If there is compelling reason to believe
that grave bodily harm is imminent or possible from a weapon which could be seized only after a strip search
or that illegal substances or evidence of a criminal act is similarly concealed, the following procedures will be
used:
A. The student will be isolated from all other students immediately and will be subject to constant adult
supervision;
B. Police authorities will be alerted to the danger and asked to take appropriate action immediately; and,
C. Every reasonable effort will be made to notify the students parent(s) of the above actions as quickly
as possible.
IV. SCOPE AND EXTENT OF SEARCHES OF STUDENT PROPERTY

School property such as lockers, desks, and similar storage facilities remain under the control of the school,
although students are expected to assume full responsibility for the security of their property. Lockers,
desks and similar storage facilities may be searched by school officials at any time, with or without notice or
consent. Students may not use personal locks on school lockers unless access is made available to school
authorities. Personal locks may be destroyed if school authorities conduct a search of lockers.
The school retains the authority to conduct patrols of vehicles brought onto school premises by students and
to inspect such vehicles from their exteriors. Searches of the interiors of such vehicles may be conducted
when a school official has a reasonable suspicion that it contains an object or substance in violation of law or
of school policy or rules.
Purses, wallets, book bags, backpacks, cell phones, and similar items of students personal property may be
searched.
V. USE OF DOGS FOR DETECTING DRUGS/WEAPONS

The use of dogs for random, unannounced searches may be conducted throughout the year. The searches
shall be conducted in the absence of students, but may be conducted during the school day with students
removed to another area of the school. When a search discloses illegally possessed contraband material or
evidence of some other crime, school personnel shall notify the local Childrens Juvenile Court attorney or
other law enforcement officers immediately. Persons engaging in criminal activity will be turned over to the
appropriate law enforcement agency immediately. With regard to students, every effort will be made to
contact parents before an interview by law enforcement officials is conducted. When unable to contact the
parent/guardian, the school official shall make decisions in the childs best interest, including allowing the
child to decide not to participate in the interview by law enforcement officials. The school official shall
strongly encourage the student to exercise his/her right to refuse to be interviewed by law enforcement.
(334AR)
VI. SEIZURE OF ITEMS

Illegal items, legal items which threaten the safety or security of others, items that are evidence of
prohibited activities or items which are used to disrupt or interfere with the educational process may be
seized by authorized persons. Seized items may be released to appropriate authorities or a students parent
or returned to the student later as the administrative authority deems appropriate.
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When a search discloses illegally possessed contraband material or evidence of some other crime, the
administrative authority shall notify the local Childrens/Juvenile Court attorney, or other law enforcement
officers.
MEDICATION IN THE SCHOOLS

It is recognized that some children are able to attend school because of the effectiveness of medications in
the treatment of certain disabilities and illness. If at all possible, students medications should be
administered at home. If medication must be given during school hours, the following is required:
I. the parent or guardian must provide the school with pharmacy-labeled container with the name of the
drug, the strength and current dosage, schedule for administration, name of student, and the name
of the physician, nurse or physician assistant.
II. only one days supply of medication may be carried by the student to school.
III. the student must be taught, according to level of ability, why and when he/she is to take the
medication.
IV. upon arriving at school, the student must surrender the medication to the proper school authority
who would then place the medication in a central location within a locked cabinet. and
V. the student may be allowed to assume responsibility for administration of their own medication,
however, if supervision of the medication is required, the parent must give the students teacher or
other authorized person written permission to give the medication to the child.
PROHIBITED ITEMS
To protect students from harm and to ensure that the school experience is safe, productive and enjoyable,
these items are prohibited and shall not be at school, on school property or at school sponsored events, and
can or will be confiscated by school administration:
illegal, dangerous or deadly weapons or other instruments capable of inflicting injury to persons or
property
intoxicants and illegal drugs
items used for the transport, sale or use of illegal drugs
stolen property
other items or materials prohibited by district policies or regulations or school rules.
RESTORATIVE JUSTICE
The Santa Fe Public Schools recognizes and embraces the philosophy of Restorative Justice. Restorative
Justice involves stakeholders in a specific offense in collectively identifying and addressing the harm done,
as well as the needs and obligations of the school community in order to heal and correct the situation as
fully as possible. It is a way of thinking and responding to conflict and problems that involves all participants
in figuring out what happened, how it affected individuals as well as the school community, and how to make
things right. All stakeholders, or their proxies, are involved in the problem-solving process.
Restorative Justice practices are being piloted in the Santa Fe Public Schools at several sites, primarily at
the middle and high school levels, as an alternative to traditional school discipline. Principals and
administrators are encouraged to adopt and implement Restorative Justice philosophies and practices as
additional tools to address student misconduct. These practices include Restorative Justice Circles and Peer
Panels at the middle school level. Teachers and administrators may refer students for balanced and
restorative justice strategies, where available, appropriate, and approved by the school administration.
Services are facilitated by trained personnel.
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Examples of conduct for which restorative justice strategies may be appropriate include, but are not limited
to, classroom disruption, graffiti, and fighting. Participation in Restorative Justice practices may serve in
lieu of other consequences, including suspension, and is voluntary except in Peer Panels at the middle school
level.
Examples of Restorative Justice practices include:
I. CONNECTING CONSEQUENCES Connecting Consequences are assigned by students to their

classmates in the Restorative Justice practice of Peer Panels. A student is given a Connecting
Consequence if Peer Panel members believe that the root cause of the students misbehavior is a
lack of engagement in school. Connecting Consequences are intended to give the student a
positive experience in some aspect of the school community. Connecting Consequences may
include tutoring, joining a club or other activity, or working with a certain teacher, or working
with a certain group of students.
II. PEER PANELS Peer Panels, previously called Student Court or Youth Courts, are a Restorative
Justice practice, and as such, they are intended to be an alternative to traditional school
discipline. They are primarily based in the SFPS middle schools. Through the Peer Panel process,
students assign their peers Restorative Justice-based consequences for routine school offenses.
These consequences are intended to repair the harm done to make things right and to address
other problems that may emerge during the Peer Panels process. Consequences generally fall into
two categories: Required School Service or Connecting Consequence.
III. REQUIRED SCHOOL SERVICE (RSS) Required School Service is a consequence assigned by
students to their classmates in the Restorative Justice practice of Peer Panels. Based on the
premise that misbehavior in the classroom takes away from students ability to learn and
teachers ability to teach, RSS consequences are intended to give back to the school what
misbehavior takes away.
IV. RESTORATIVE JUSTICE CIRCLE The Restorative Justice (RJ) practice of circles is offered
through the Restorative Justice/Mediation class, an elective in the high schools. In RJ circles at
the high school levels, peers meet with disputants to work out conflicts. The intent is to include
all stakeholders address the harm done to individuals, as well as the needs and obligations of the
school community in order to heal and correct the situation as fully as possible. Circles may also
be offered in individuals classrooms at the elementary level and as a more intensive intervention
at the middle school level.
V. RESTORATIVE JUSTICE RE-ENTRY PROCEDURE The Restorative Justice Re-Entry
procedure is still being developed as a means to re-integrate a student into the school community
after suspension. The intent is to include all stakeholders, or their proxies, to address the harm
done to individuals, as well as the needs and obligations of the school community in order to heal
and correct the situation as fully as possible.
Special Assignment
Assignment to an activity or project that builds awareness, knowledge and skills to meet similar situations
more positively. For example, designing and presenting role-play, community service, connecting
consequences, required school services, and research on topics relevant to misbehavior.
Referral to Auxiliary and/or Support Services

Action taken by staff on behalf of student in consultation with parent or guardian which may include
mediation, conflict resolution, community service, counseling, referral to Student Success Team, Teen Court,
classroom interventions, restorative justice practices, evaluations or assessments, support group, etc.
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SCHOOL AUTHORITY OVER NON-STUDENTS
In furtherance of the states compelling interest in the orderly operation of the public schools and school
activities, school officials have the following forms of authority over non-students whose actions adversely
affect the school operations or activities. [08-15-97]
I. On School Property. Local school boards may prohibit entry to and provide for the removal from
any public school building or grounds of any person who refuses to identify himself/herself and state
a lawful purpose for entering. Any person who refuses may be removed by school authorities. school
authorities may use reasonable physical force to accomplish the removal. Alternately, a person who
refuses and who then refuses a lawful request to leave school premises may be subject to arrest by
law officers for criminal offenses including, but not limited to criminal trespass, interference with
the educational process or disorderly conduct. A person who does identify him/herself and states a
lawful purpose may nevertheless be subject to removal by school officials for engaging in activities
prohibited by this regulation. The person may also be subject to arrest by law officer if (s)he is
committing any crime. [08-15-97]
II. Off School Property. Public school authorities have indirect and limited authority over the activities
of non-students off school property. To the extent that non-students conduct at or near schools or
school-sponsored activities may constitute a criminal offense, including, but not limited to crimes of
interference with the educational process, disorderly conduct, or criminal trespass (after refusing a
lawful request to leave), school authorities may request law enforcement agencies to arrest the
offenders. [08-15-97]
SCHOOL SPONSORED CLUBS

Students participating in school-sponsored clubs share common interest, perform school and community
services and recognize achievements of others.
Clubs must be:
democratically organized;
approved or chartered by the school administrator;
open to any student; and,
supervised by an adult approved by the school administrator.
Clubs may not:
promote political parties or partisan political causes;
select members by vote;
be sponsored by church or religious groups;
conduct secret ceremonies or be sponsored by groups using secret ceremonies; and,
require that membership be conditional upon performing any action that will be
humiliating, demeaning, or in any way endanger the health and safety of the member.
Students involved in such activities in a school club may be suspended.
SEXUAL HARASSMENT
It is the policy of the Santa Fe Public Schools to establish and maintain for all students and staff a learning
and working environment that provides fair and equitable treatment, including freedom from sexual
harassment. All students have the right to be treated with respect and are expected to conduct themselves
with respect for the dignity of others.
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It is a violation of federal and New Mexico laws and of Santa Fe Public Schools policy for any student of the
Santa Fe Public Schools to sexually harass a student or staff member by speaking or acting in any of the
ways defined below. The school district will investigate all formal and informal, verbal or written complaints
of sexual harassment brought to the attention of an administrator or supervisor. Any student who is found
to have sexually harassed any other student or staff member shall be disciplined as per Action Levels.
I. Definition of Sexual Harassment:

Sexual harassment means unwelcome or unwanted sexual advances, requests for sexual favors, and
other verbal, non-verbal, or physical conduct of a sexual nature when:
A. submission to such conduct by an individual is made explicitly or implicitly a term or condition of a
person's employment or of the advancement of a student in school programs or activities;
B. submission to or rejection of such conduct by an employee or student is used as the basis for
decisions affecting the employee or student; and,
C. the conduct substantially interferes with an individual's employment or learning or creates an
intimidating, hostile or offensive work or learning environment.
II. Examples of Sexual Harassment include but are not limited to:
A. persistent or repeated unwelcome flirting, pressure for dates, sexual comments or touching;
B. sexually suggestive jokes or gestures directed toward another, or sexually oriented or degrading
comments about another;
C. preferential treatment of an employee or student, or a promise of preferential treatment to an
employee or student, in exchange for dates or sexual conduct, or the denial or threat of employment
benefits or student advancement for refusal to consent to sexual advances; and
D. the open display of sexually oriented pictures, posters or other materials offensive to others.
All employees and students are encouraged to express disapproval and displeasure at any conduct that is
sexually harassing, to tell the individual engaging in the conduct that it is unwelcome and to report that
conduct that is unwelcome. Refer to SFPS Board Policy 336 and 337.
STUDENT PARTICIPATION IN SCHOOL AFFAIRS

Students are encouraged to participate in school government, local school matters and the development of
local regulations for student conduct. Some ways students may participate are:
discussing school matters with teachers and administrators
getting involved in student government
helping to develop editorial policy for the school newspaper
assisting in improving school rules and ways of hearing student concerns
discussing and helping plan curriculum
STUDENT SAFETY TO AND FROM SCHOOL

Students have a right to feel safe and secure in and out of school. Likewise, students are expected to
behave responsibly on the way to and from and in school. School staff does not provide supervision for
students walking to and from school. They are present for supervision and protection of students only
during school hours, however, the principal has the right to hold a student accountable for his/her
behavior while riding a school bus or walking to and from school. School administrators have the authority
to investigate behaviors to and from school that create discipline problems or other problems within the
school. Unless the parent/guardian makes special arrangements for safety and supervision, students
should not be at school before school starts or after school is out. Parent/Guardian supervision at bus
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stops is encouraged but not required. Please adhere to the specified start and dismissal times for your
childs school.
STUDENT TRANSFER REQUESTS

Decisions about transfer approval or revocation will be made by the superintendent of schools or the decision
may be delegated to the deputy superintendent or associate superintendent only. No transfers will be
honored after December 1 of each school year unless extenuating circumstances can be presented and such
transfer is approved by the superintendent. Transfer students may be required to move back to the home
school if the transfer student becomes a behavior and/or attendance problem. SFPS Board Policy #304
TARDY AND EARLY RELEASE PROCEDURES

Students are expected to arrive to class on time and remain in class for the duration of the scheduled
instructional period. The following procedures will be implemented:
I. Five tardies or early releases = MINIMALLY: Teacher phone conference with parent. Tardies and
early releases shall be documented.
II. Ten tardies or early releases = Referral to the principal. A letter, signed by the principal, will be
forwarded to the parent/guardian (copies to teacher and counselor).
TEXTBOOKS
The District may withhold the grades, diploma and transcripts of the student responsible for damage or loss
of textbooks until the parent, guardian or student has paid for the damage or loss, but shall not prevent the
student from graduating, participating in a graduation ceremony, or from receiving a diploma. When a parent,
guardian or student is unable to pay for damage or loss, the school district shall work with the parent,
guardian or student to develop an alternative program in lieu of payment. Where a parent or guardian is
determined to be indigent according to guidelines established by the NMPED, the local school district shall
bear the cost.
Regular education students who damage a textbook by marking, tearing pages out, or otherwise damaging or
defacing a textbook shall be charged a fine. In the case of textbooks that have been lost or damaged while
specifically issued to a given student, the following charges shall be made:
1. For damage to a new book that makes the book unfit for use replacement cost;
2. For damage to a book in good condition 80 percent of replacement cost;
3. For major damage to a book in fair condition (usually one more then five years old) 50 percent of
replacement cost;
4. For damage to a book in poor condition 25 percent of replacement cost; and,
5. For lesser damage to a book charge to be determined by the principal or by a person or committed
designated by the principal for such purposes. Payment for lost textbooks is the responsibility of
each student or his or her parent or guardian.
TRANSPORTATION
It is the policy of the District for students to travel to and from events on a school vehicle only.
Coaches/sponsors may not release a participating student to anyone but the students parent/guardian, by
personally signing a release form provided by the coach/sponsor. Upon the release of a student to his/her
parent/guardian, the district is absolved of any and all responsibility for the safety and welfare of that
student.
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Truancy Procedures
Compulsory School Attendance Law Truancy Procedures
Attendance Awareness 1. Truancy procedures are supported by the Family Court,
1. Santa Fe Public Schools approve and distribute Magistrate Court, District Attorney, Juvenile Probation Office,
revised truancy procedures to students, parents, Child Protective Services, Santa Fe Police Department and Santa Fe
guardians and school staff. County Sheriffs Office.
Initial Non-Attendance Letter 2. The parent/guardian will be notified when a student has
2. The Santa Fe Public Schools will notify the accumulated three unexcused absences during the school year.
parent/guardian by certified mail or personal The letter shall list the students name, date of birth, dates of
service when the student has accumulated three the absences, and school.
unexcused absences during the school year.
Subsequent Absence of Students in Need of 3. The parent/guardian will be notified by certified mail or personal
Early Intervention. service when the student has accumulated five unexcused absences
3. The Santa Fe Public Schools will notify the during the school year or five unexcused absences during a twenty
parent/guardian by certified mail or personal day period.
service when the student has accumulated five The parent/guardian and student shall be requested to attend
unexcused absences during the school year or five a meeting at the school to discuss the truancy. A principal
unexcused absences during a twenty day period. and/or school counselor will participate in this meeting.
When the school meets with parent/guardian the school shall
develop a contract that describes the actions the student and
parent/guardian will take to improve attendance.
Continued Absences of Students in Need of 4. The parent/guardian and student shall be requested to attend a
Early Intervention S.S.T. meeting at the school to discuss the truancy. A principal
and/or school counselor will participate in this meeting. The
4. When the student has accumulated eight district Truancy Prevention Specialist may conduct home visits at
unexcused absences during the school year or five this time.
unexcused absences during a twenty day period, a 5. The Santa Fe Public Schools will notify the parent/guardian by
Student Success Team meeting will be held. certified mail or personal service when the student has accumulated
ten or more unexcused absences during the school year.
Habitual behavior of Students in Need of Early Each school will identify and designate school staff person that
Intervention. will be responsible to prepare the referral packet and submit it
to the Truancy Prevention Specialist. He/she will submit the
5. This applies to any student that accumulates packet to the Juvenile Probation Office. The packet will
ten or more unexcused absences during the school contain the following: student name, social security number,
year. date of birth, parent/guardian names, school, define the
unexcused absence, describe the early identification process,
list accurate truancy dates, and describe the interventions to
address the truancy. Packets not containing the listed
information will not be processed.
All habitual truant case will be staffed within 30 calendar days
by the Attendance Review Team (ART), a multi-disciplinary
team with representatives from JPPO, CYFD, the District
Attorney office and school staff. The ART team shall
determine the best course of action for the case.
The ART team will advise each referring school of the
decision(s) made by the team.
The ART team will identify a responsible entity to monitor the
progress of the case.
The team may recommend various action steps to include
referral to District Attorney for the filing of a criminal
complaint.
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GENERAL DEFINITIONS
1. ABSENCES (UNEXCUSED) An unexcused absence of two or more classes up to fifty percent of an

instructional day shall be counted as one-half day absence, and the unexcused absence of more than fifty
percent of an instructional day shall be counted as one full day absence.
2. ACADEMIC DISHONESTY - Taking credit for oneself for written or oral expression created, authored,
or prepared by another. not giving credit for the source of the material.
3. ADEQUATE YEARLY PROGRESS (AYP) Under the No Child Left Behind Act of 2001, states and
school districts are required to achieve Adequate Yearly Progress determinations for districts and
schools, respectively. The ultimate AYP is to have all students proficient in reading and math by the year
2014.
4. ADMINISTRATIVE AUTHORITY The superintendent, a principal or a person authorized by either to

act officially in a matter involving school discipline or the maintenance of order.
5. AGGRAVATED ASSAULT Unlawfully assaulting or striking at another person with a deadly weapon.
6. AGGRAVATED BATTERY Inflicting an injury to another person in which injury constitutes bodily harm
and is done with a deadly weapon.
7. ALTERNATIVE PLACEMENT Alternative educational services for a student with a disability upon
whom a long-term suspension or expulsion has been imposed for behavior not related to the disability.
8. ANYTHING OF VALUE Any conceivable thing of the slightest value, tangible or intangible, movable or
immovable.
9. ARSON Maliciously or willfully starting a fire or causing an explosion with the purpose of damaging or
destroying property.
10. ASSAULT Attempting to commit a battery on another or committing an unlawful act, threat or
menacing conduct towards another person who reasonably believed he/she was in danger of receiving an
immediate battery.
11. ATOD Alcohol, Tobacco or Other Drugs.
12. BATTERY Intentionally touching or applying force to another person in a rude or angry manner.
13. BODILY HARM Painful temporary disfigurement or temporary loss or impairment of the functions of
any member or organ of the body.
14. BULLYING Intentionally, repeatedly and over time uses power and control with the aim of ridiculing,
threatening, intimidating, coercing, humiliating and/or physically harming an individual. Bullying entails an
imbalance of power. Forms of bullying can include social/relational, verbal (oral, written, text messaging,
telephone, email and non-verbal methods).
15. CAMISOLE A females sleeveless underwear or negligee.
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16. CONNECTING CONSEQUENCES Connecting Consequences are assigned by students to their
classmates in the Restorative Justice practice of Peer Panels. A student is given a Connecting
Consequence if Peer Panel members believe that the root cause of the students misbehavior is a lack of
engagement in school. Connecting Consequences are intended to give the student a positive experience in
some aspect of the school community. Connecting Consequences may include tutoring, joining a club or
other activity, or working with a certain teacher, or working with a certain group of students.
17. CONTROLLED SUBSTANCE Any substance enumerated in the Controlled Substances Law.
18. DEADLY WEAPON Any firearm, whether loaded or unloaded. or any weapon which is capable of
producing death or great bodily harm, including, but not limited to explosives, any type of daggers, brass
knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all other such
weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted,
including sword canes, and any kind of sharp-pointed canes. also slingshots, bludgeons. or any other
weapon with which dangerous wounds can be inflicted.
19. DETENTION See page 43 for definition.
20. DEVICES (prohibited) Music headsets, Walkman, CD players, electronic games or gaming devices at
school or on school property.
21. DISTRIBUTION OF CONTROLLED SUBSTANCE Intentionally distributing or possessing with the

intent to distribute a controlled substance.
22. DUE PROCESS The notification to the student and parent concerning an alleged act(s) of misconduct,
the right to appeal, the opportunity to answer charge(s), and explanation as to why the disciplinary action
is necessary.
23. EXPULSION The removal of a student from the District and all school-related activities for a period
exceeding one semester. In some cases, expulsion may be a permanent removal from the District. An
expulsion requires a due process hearing. When appropriate, a student who is expelled may be placed in
an alternative program. Expulsion from the District requires Board action.
24. EXTORTION Communicating or transmitting a threat to another with the intent to obtain anything of
value.
25. FIREARM A firearm is any weapon (including a starter gun) which is designed to, or may readily be
converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon;
any firearm muffler or firearm silencer, any destructive device; or any machine gun.
26. FORGERY Providing a false signature or altering school documents.
27. GAMBLING Playing an unauthorized game of skill or chance for money or other items of value.
28. GANG RELATED ACTIVITY A gang is an organization, association, or group of three or more persons,
whether formal or informal, which has a common name and/or common identifying signs or symbols, whose
members individually and/or collectively engage in harassment, intimidation, bullying or criminal activity.
(Definition taken from New Mexico Gang Task Force)
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29. GRAFFITI Intentionally defacing property belonging to the school district with paint, ink, spray paint,
markers, charcoal, chalk, crayons, etc.
30. HARASSMENT A single act that consists of knowingly behaving in a way that is intended to torment,
seriously alarm or terrorize another person. A repeated pattern of conduct is considered to be bullying.
31. HATE CRIME Any act, or attempted act, to cause physical injury, emotional suffering, or property
damage through intimidation, harassment, racial/ethnic slurs and bigoted epithets, vandalism, force, or
the threat of force, motivated all or in part by hostility to the victims real or perceived race, religion,
color, sexual orientation, ethnicity, ancestry, national origin, political beliefs, marital status, age, social
and family background, linguistic preference, or disability. These actions create an intimidating, hostile,
or offensive educational environment.
32. HAZING To harass by requiring the performance of unnecessary, disagreeable, or degrading tasks. to
require students to engage in activities which may result in harm or bodily injury to an individual. to play
abusive and humiliating tricks or pranks on an individual by way of initiation.
33. HEARING PROCEDURES FORMAL or INFORMAL See pages 22-26 for definitions.
34. HIGHLY QUALIFIED TEACHER A teacher who holds a New Mexico teaching license in the grade level
he/she teaches, and teaches in his/her endorsement area(s) and/or has passed a teacher proficiency
licensure test.
35. INAPPROPRIATE ATTIRE - Dressing or grooming in a manner which disrupts the educational process or
interferes with teaching and learning, such as attire with a sexually explicit message, alcohol
advertisements, narcotics logo, etc. The wearing of all headgear such as caps, hat, bandannas, hairnets,
etc.
36. IN-SCHOOL SUSPENSION Suspension from one or more regular classes while requiring the student
to spend the time in an alternate classroom or other designated area at the school.
37. LAW ENFORCEMENT REFERRAL A report filed with the appropriate law enforcement agency. The law
enforcement officer makes the determination as to whether an arrest is warranted.
38. LEAVING WITHOUT PERMISSION - Leaving the campus during school hours and/or leaving class
without permission from the teacher or principal.
39. LOITERING - Occupying an unauthorized place in the school or on school grounds.
40. LONG TERM SUSPENSION The removal of a student from the district and all school-related
activities for more than ten (10) days and up to the balance of the semester. A long-term suspension
requires a due process hearing. When appropriate, a student who is long-term suspended may be placed
in an alternative program.
41. NMSA 1978 The 1978 compilation of New Mexico Statutes Annotated.
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42. PARENT - The natural parent, a guardian, or other person or entity having custody and control of a
student who is subject to the Compulsory School Attendance Law, or the student himself/herself if
he/she is not subject to compulsory attendance.
43. PEER PANELS Peer Panels, previously called Student Court or Youth Courts, are a Restorative Justice
practice, and as such, they are intended to be an alternative to traditional school discipline. They are
primarily based in the SFPS middle schools. Through the Peer Panel process, students assign their peers
Restorative Justice-based consequences for routine school offenses. These consequences are intended
to repair the harm done to make things right and to address other problems that may emerge during
the Peer Panels process. Consequences generally fall into two categories: Required School Service
(RSS), or Connecting Consequence.
44. PERSON OR ANOTHER Any other human being.
45. POSSESSION - Within the immediate custody or control, including within a students vehicle, locker or
body.
46. POSSESSION OF ALCOHOL - Intentionally possessing a beverage that contains alcohol or being under
the influence of alcohol.
47. POSSESSION OF CONTROLLED SUBSTANCE - Having on one's person or in ones personal belongings
(purse, backpack, etc.) a controlled substance.
48. PROMPT & TIMELY RESPONSE Every attempt will be made to contact the parent within two school
days.
49. RACISM Verbally or physically attacking or harassing another person on the basis of race or culture.
50. REFUSING TO IDENTIFY A students willful refusal to identity oneself upon request from a school
employee or agent such as a volunteer chaperone whose responsibilities include supervising students.
51. REINSTATEMENT MEETING A meeting, following a suspension, where parents and/or guardians,
student and staff are given the opportunity to discuss pro-active steps to promote student success.
52. RESTITUTION - Giving equivalent compensation for any loss, damage or injury as a result of an unlawful
act.
53. REQUIRED SCHOOL SERVICE (RSS) Required School Service is a consequence assigned by students
to their classmates in the Restorative Justice practice of Peer Panels. Based on the premise that
misbehavior in the classroom takes away from students ability to learn and teachers ability to teach,
RSS consequences are intended to give back to the school what misbehavior takes away.
54. RESTORATIVE JUSTICE A way of thinking and responding to conflict and problems that involves all
participants in figuring out what happened, how it affected individuals as well as the school community,
and how to make things right. All stakeholders, or their proxies, are involved in the problem-solving
process.
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55. RESTORATIVE JUSTICE PRACTICES Restorative Justice practices are being piloted in the Santa Fe
Public Schools as an alternative to traditional school discipline. These practices include Restorative
Justice Circles and Peer Panels at the middle school level.
56. RESTORATIVE JUSTICE CIRCLE The Restorative Justice (RJ) practice of circles is offered through
the Restorative Justice/Mediation class, an elective in the high schools. In RJ circles at the high school
levels, peers meet with disputants to work out conflicts. The intent is to include all stakeholders address
the harm done to individuals, as well as the needs and obligations of the school community in order to
heal and correct the situation as fully as possible. Circles may also be offered in individuals classrooms
at the elementary level and as a more intensive intervention at the middle school level.
57. RESTORATIVE JUSTICE RE-ENTRY PROCEDURE The Restorative Justice Re-Entry procedure is
still being developed as a means to re-integrate a student into the school community after suspension.
The intent is to include all stakeholders, or their proxies, to address the harm done to individuals, as well
as the needs and obligations of the school community in order to heal and correct the situation as fully as
possible.
58. ROBBERY - Stealing something of value from a person by the use or threatened use of force or violence.
59. SANCTIONED SPORTS Any activity under the jurisdiction of the New Mexico Activities Association,
or any athletic activity that a teacher/instructor supervised or assigns to students.
60. SCHOOL PROPERTY - The buildings and grounds, including playgrounds, playing fields and parking areas,
and any school bus in which school or school-related activities are being conducted under the supervision
of a local school board. Any other public buildings or grounds, including playing fields and parking areas
that are not public school property, in or on which public school-related and sanctioned activities are
being performed.
61. SECTION 504 The section of the law in the Americans with Disabilities Act of 1974 that addresses
students in a school setting with physical or mental impairments.
62. SELF-DEFENSE - Defending oneself from physical attack when escape or withdrawal is not possible.
revenge cannot be construed as self-defense. Self-defense is not available to a person if he/she
instigated the attack. If escape is not possible, a student who is being physically attacked may only use
an amount of force reasonably necessary to avoid the harm to defend oneself. A student does not have
the right to use force to defend property.
63. SEXTING = (a portmanteau of sex and texting) The act of sending sexually explicit messages or
pornographic images electronically, primarily via cell phones.
64. SEXUAL HARASSMENT - Unwelcome or unwanted sexual advances, requests for sexual favors, and
other verbal, non-verbal or physical contact of a sexual nature.
65. SEXUAL VIOLATIONS - Offenses such as indecent exposure, criminal sexual contact, criminal sexual
penetration or contributing to the delinquency of a child.
66. STANDARD DRESS A standard of wearing apparel that looks the same but is more generic in nature.
For example: white shirts with collars, navy blue slacks, etc.
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67. SUSPENSION The removal of a student from school for a specified period of ten (10) school days or
less in accordance with the requirements of Board Policy 5320 (see pages 29 - 32 for specific definitions
of one, two to five, six to ten, and long-term suspension).
68. SMOKING - Holding a lighted cigarette, cigar, or pipe and/or drawing in and exhaling the smoke of
legally or illegally sold tobacco, marijuana, etc.
69. STUDENT - A person who is enrolled in one or more classes in the school system or a person who was a
student during the previous school year, and is participating in a school-sponsored activity connected
with his/her prior status as a student.
70. THEFT- Taking anything of value that belongs to another person or entity.
71. TIMELY MANNER Every attempt will be made to contact the parent within two school days.
72. UNIFORM DRESS A standard set of specific wearing apparel that is exactly the same such as a
military uniform, basketball uniform, police uniform, school uniform, etc.
73. VANDALISM - Intentionally damaging any real or personal property of another.
74. ZERO-TOLERANCE OFFENSE Misconduct or criminal offense that warrants a formal hearing and may
be refered to the appropriate law enforcement agency (see page 10 for more specific details).
LEGAL BASIS: Sections 22-2-1 and 22-2-2, New Mexico Statutes Annotated, 1978. Section 22-5-4, NMSA 1978, being
N.M. Laws 1981. Section 30-20-13 D, NMSA 1978, being N.M. Laws 1981. Section 22-12-1 et seg., NMSA 1978. Section
30-1-1 et seg., NMSA 1978. Section 60-3-1 et. seg., NMSA 1978. N.M. Laws 1981. Section 22-12-7, NMSA 1978.
Section 22-12-20, NMSA 1978 as enacted by N.M. Laws 1981, SBE Regulation 81-3. Blacks Law Dictionary
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GLOSSARY OF ACRONYMS FOUND IN THE CODE OF CONDUCT
ART Attendance Review Team
ASI Associated Security Industries
CFR Code of Federal Regulations
COC Code of Conduct
CYFD Children, Youth and Families Department
FAPE Free Appropriate Public Education
FERPA Family Educational Rights and Privacy Act
IAES Interim Alternative Educational Services
IEP Individualized Education Plan
ISS In-School Suspension
JPPO - Juvenile Probation and Parole Office
NMAC New Mexico Administrative Code
NMPED New Mexico Public Education Department
NMSA New Mexico Statutes Annotated
PRO Parents Reaching Out
RDA (Office of) Research, Data, Accountability (and Testing)
SBE State Board of Education
SFPS Santa Fe Public Schools
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COMPACT BETWEEN STUDENT/PARENT/PRINCIPAL
We, the undersigned agree to the following commitments:
Student
I agree not to violate the Code of Conduct. STUDENT ID#
I will seek peaceful solutions to conflict and will encourage my peers to do the same.
I will seek assistance from an adult should a conflict situation begin to get out of control.
I agree not to bring a gun or any other weapon to school or to any school event.
I will alert an adult about its existence if I see a gun or other weapon on campus or at a school event.
I will not use, give or sell any substance, be it narcotics, drugs (prescription/non-prescription), alcohol, mood-altering
substance or tobacco while at school or school-sponsored events and activities.
I will abide by the transportation guidelines set forth by the State of New Mexico while riding in a school bus or
other school-owned vehicle.
I will abide by the technology guidelines for using computers, software and Internet access.
PRINT NAME__________________ Student Signature___________________Date _______
Parent/Guardian
I will read along with my child(ren) the Code of Conduct.
I will carry out my responsibility to teach my children how to settle arguments without resorting to violence and will
encourage them to use peaceful means (i.e. conflict resolution).
I will encourage my children to report guns and other weapons that they see or have knowledge of to an appropriate
adult.
I will teach my children about the dangers and consequences of guns and weapons use, and I will keep any guns and all
weapons I own under lock and key and away from my children.
I will support the schools policies to eliminate guns and weapons, and I will work with the school in developing
programs to prevent violence.
I will support the schools policy and regulation regarding narcotics, drugs (prescription/non-prescription), alcohol,
mood-altering substances and tobacco.
I will support the transportation guidelines set forth by the State of New Mexico if my child rides in a school bus or
other school-owned vehicle.
I will support the technology guidelines for students set forth by the district for using computers, software and
Internet access.
I will follow and support the behavior expectations and principles outlined in the Code of Conduct.
PRINT NAME __________________ Parent Signature___________________ Date ________
Principal
I will ensure that all school staff enforce the Code of Conduct in a strict, fair and consistent manner.
I will promote conflict resolution instruction for all students as part of the curriculum.
I will communicate the schools policies on weapons to participants in the school community and focus on the
responsibilities we all have.
I will ensure that students have an anonymous way to report to an adult any guns or other weapons they see on
campus.
I will report all guns, weapons and explosives violations to law enforcement officials, according to established
procedures.
I will use the schools student leadership groups and school meetings to obtain ideas to develop a safe school
environment.
I will enforce the schools policy and regulation regarding narcotics, drugs (prescription/non-prescription), alcohol,
mood-altering substances and tobacco.
I will enforce the transportation guidelines set forth by the State of New Mexico for students who ride in a school
bus or other school-owned vehicle.
I will enforce the technology guidelines for students set forth by the district for using computers, software and
Internet access.
Principal Signature______________________________________ Date______________
Please sign and return this page to your childs school, acknowledging that you received a copy of the Code of Conduct
manual, and that you will review the COC manual with your child. This page must be signed for each child enrolled.
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STAFF
CODE OF CONDUCT ACKNOWLEDGMENT
I, the undersigned, agree to the following commitments:
1. I will use professional ethics in relationships with students, parents, community and other school
employees.
2. I will read, follow and enforce the Student Code of Conduct and school rules in a strict, fair and
consistent manner.
3. I will report serious or repeated violations that require the administrators intervention.
4. I will use conflict resolution skills when appropriate.
5. I will follow and enforce the schools policy and regulation regarding narcotics, drugs
(prescription/non-prescription), alcohol, mood-altering substances and tobacco.
6. I will abide by the districts policy for Internet, Intranet, Email and Digital Network Usage.
Employees Legal Name (Please Print) _________________________ Date ____________
Employees Signature ______________________________________
Supervisors Signature ____________________________________ Date ____________
This acknowledgment form will be placed in your personnel file..
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VOLUNTEER
CODE OF CONDUCT ACKNOWLEDGMENT
I, the undersigned, agree to the following commitments:
1. I will use professional ethics in relationships with students, parents, community and other school
employees.
2. I will read and uniformly follow and support the Student Code of Conduct and school rules in a
strict, fair and consistent manner.
3. I will use conflict resolution skills when appropriate.
4. I will report all Code of Conduct violations to the appropriate site administrator.
5. I will follow and support the schools policy and regulation regarding narcotics, drugs
(prescription/non-prescription), alcohol, mood-altering substances and tobacco.
6. I will abide by the districts policy for Internet, Intranet, Email and Digital Network Usage.
Volunteers Legal Name (Please Print) ______________________
Volunteers Signature ___________________________________ Date ____________
Volunteer Coordinator or Designee_________________________ Date ____________
Please sign and return to the site administrator where you are volunteering
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Code of Conduct .AT A GLANCE
SECTION I. ATTENDANCE AND PUNCTUALITY

See page 15 for detailed descriptions of infractions.
A. Tardiness Minor: Action Levels 1-3

B. Cutting class/leaving without permission Serious/Repeated: Action Level 1-2 # NO OUT-
OF-DISTRICT
C. Truancy, according to current NM law Serious/Repeated: Action Level 1-2 # NO OUT-
OF-DISTRICT
D. Off-limits, including a location in a school building restricted from student use
Minor: Action Levels 1-3; Serious/Repeated:
Action Levels 3-5
E. Trespassing, + Serious/Repeated: Action Levels 3-5
including school entry during out-of-district suspension or expulsion
Serious: Action Level 5
F. Other Similar Offenses Minor: Action Levels 1-3; Serious/Repeated:
Action Levels 3-5
# In accordance with the NM Compulsory Attendance Law
+ School may report incident to the police.
INTERVENTIONS AND CONSEQUENCES

Please note for Action Level 2, 3, 4 and 5, a meeting or other communication with the parent or guardian and the student must take
place in addition to the Level 2, 3, 4 and 5, Action. The meeting, letter, student incident report and/or telephone call must include a
discussion and/or description of the students achievement and unacceptable conduct.
Minor Infraction
Official warning to student (see Action Level 1)
Conference between teacher and student(s) (see Action Level 1)
Communication between teacher and parent or guardian (see Action Level 1)
Conference with staff, parent or guardian and student (see Action Level 1)
Special Assignment (see Action Level 1)
Referral to auxiliary and/or support services such as Restorative Justice Circle or Peer Panel (see Action
Level 1)
Contract with student (see Action Level 1)
Detention (see Action Level 2)
Exclusion from extracurricular activities (see Action Level 2)
In-school suspension (see Action Level 2)
Half day (.5) to one (1) day out-of-district suspension (see Action Level 2) DOES NOT APPLY TO
TRUANCY
Restitution for damages (see Action Level 2)
Law enforcement referral (see Action Level 3) Administrator should contact the law enforcement agency.
In school suspension (1-5 days) (see Action Level 3)
Immediate removal (see Action Level 3)
Two (2) to five (5) days out-of-district suspension (see Action Level 3)
Probation, after suspension (see Action Level 3)
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Serious/Repeated Infraction
All Level 1-2 actions
Suspension/assignment to a specialized program or alternate placement (see Action Level 4)
Law enforcement referral (see Action Level 4) When a student has committed or is involved in an illegal
act, the administrator should confer with the law enforcement agency and the Office of the Superintendent.
Six (6) to ten (10) days out-of-district suspension (see Action Level 4)
Long term suspension and alternative placement (see Action Level 5)
Expulsion (see Action Level 5)
See page 11 for detailed descriptions of intervention and consequences for Action Level 1.
SECTION II. APPROPRIATE LEARNING ENVIRONMENT

See page 15 for detailed descriptions of infractions.
A. Student identification violation Minor = Levels 1-3; Serious/Repeated: Action Levels 3-5
B. Insubordination Minor: = Levels 1-3; Serious/Repeated: Action Levels 3-5
C. Academic Dishonesty Minor: = Levels 1-3; Serious/Repeated: Action Levels 4-5
D. Dishonesty Minor := Levels 1-3; Serious/Repeated: Action Levels 4-5
E. Inappropriate attire Minor := Levels 1-3; Serious/Repeated: Action Levels 3-5
F. Inappropriate sexual behavior Minor: = Levels 1-3; Serious/Repeated: Action Levels 3-5
G. Forgery/counterfeit Minor: = Levels 1-3; Serious/Repeated: Action Levels 3-5
H. Inappropriate displays or images including those that are obscene, sexist, racist, or gang related.
Minor: = Levels 2-3; Serious/Repeated: Action Levels 3-5
I. Devices such as music headsets, walkman, CD players, MP3 players, iPods, electronic games,
gaming devices, laser pointers and other similar devices are prohibited at the elementary and
middle school levels. Possession or use of cell phones is prohibited at the elementary level.
Minor: = Levels 1-3; Serious/Repeated: Action Levels 3-5
J. Misuse of communication devices, such as beepers, pagers and cellular phones. Middle and high
school students are not allowed to have communication devices turned on or visible during
instructional time or inside school buildings.
Minor := Levels 1-3; Serious/Repeated: Action Levels 3-5
Use of cell phones during emergency drills is prohibited. Cell phone or other video
recording and still photos of incidents with intent to distribute is prohibited.
Serious: Action Level 5
K. Classroom disruptions. Minor:= Levels 1-3
Serious and repeated disruptive conduct is considered Disorderly Conduct. See Section V.
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Minor Infraction
Level 1)
Half day (.5) to one (1) day out-of-district suspension (see Action Level 2)
Law enforcement referral \ (see Action Level 4) When a student has committed or is involved in an illegal
Six (6) to ten (10) days suspension (see Action Level 4)
SECTION III. CONTROLLED SUBSTANCES (DRUGS, ALCOHOL, TOBACCO)

See page 16 for detailed descriptions of infractions
SCHOOL REGULATION ON TOBACCO, ALCOHOL, AND OTHER DRUG ABUSE: In accordance with local board
policy 5320 and State Board of Education Regulation 81-3, the Santa Fe Schools prohibits using, possessing,
distributing or trafficking tobacco, alcohol and/or illegal drugs on school grounds or at school-sponsored
activities.
A. Tobacco Use Serious/Repeated: Action Levels 3-5

B. Drug Violation * + ++ Serious/Repeated: Action Levels 3-5
C. Alcohol Violation * ++ Serious/Repeated: Action Levels 3-5
+ Police may be called.

++ Police must be called.
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* Zero-tolerance rule applies at levels 4 & 5

Alcohol or drug assessment and follow up recommendations (see Action Level 3)
Six (6) to ten (10) days out-of-district suspension (see Action Level 4)
SECTION IV. PROTECTION OF PROPERTY

A. Larceny/Theft * + ++ Minor: Action Levels 2-3; Serious/Repeated:

Action Levels 4-5
B. Gambling Serious/Repeated: Action Levels 3-5
C. Soliciting or selling for personal gain Minor: Action Levels 1-2; Serious/Repeated:
Action Levels 3-5
D. Graffiti * + Serious/Repeated: Action Levels 3-5
E. Vandalism * + Serious/Repeated: Action Levels 3-5
F. Criminal Damages * ++ Serious/Repeated: Action Level 5
G. Matches or lighters Minor: Action Levels 1-3
H. Arson * ++ Serious/Repeated: Action Level 5
I. Deliberate Misuse of Property * Minor: Action Levels 1-3; Serious/Repeated:
Action Levels 3-5
J. Breaking and entering/Burglary * ++ Serious/Repeated: Action Levels 4-5
+ Police may be called.
++ Police must be called.
Zero-tolerance rule applies at levels 4 & 5
69
Minor Infraction
Level 1)
SECTION V. PROTECTION OF PHYSICAL SAFETY AND MENTAL WELL-BEING

A. Possession of Weapon * ++ Serious/Repeated: Action Level 5

B. Facsimile Weapon * ++ Serious/Repeated: Action Level 5
C. Possession/Use of Firecrackers + Minor:= Levels 1-2; Serious/Repeated: Action Levels 3-5
70
D. Knowledge of Weapon or Zero Tolerance Offense Minor = Levels 1-3; Serious/Repeated:
Action Levels 3-5
E. Horseplay + Minor:= Levels 1-3; Serious/Repeated: Action Levels 3-5
F. Simple Assault Battery + ++ Minor:= Levels 1-3; * Serious/Repeated: Action Levels 4-5
G. Assault Battery + ++ Minor = Levels 1-3; * Serious/Repeated: Action Levels 4-5
H. Sexual Harassment * + ++ Serious/Repeated: Action Levels 4-5
I. Kidnapping * ++ Serious/Repeated: Action Level 5
J. Robbery (using force) * ++ Serious/Repeated: Action Level 5
K. Extortion and/or coercion + Serious/Repeated: Action Levels 3-5
L. Reckless use of vehicle + Serious/Repeated: Action Levels 3-5
M. Inappropriate Use of Computer + Serious/Repeated: Action Levels 3-5
N. Instigation + Minor: = Levels 1-3; Serious/Repeated: Action Levels 3-
O. Stalking + Serious/Repeated: Action Levels 3-5
P. Gang-related activity * Minor: Action Levels 1-3; * Serious/Repeated: Action
Levels 4-5
+ Police may be called. ++ Police must be called. Zero-tolerance rule applies

Minor Infraction
Level 1)
71
72

2009-10 SFPS Code of Conduct

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2009-10 SFPS Code of Conduct

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SANTA FE PUBLIC SCHOOLS

Angelica Ruiz President

Mary Beth Brady Office of Student Wellness

Ms. Bobbie Gutierrez

STUDENTS HAVE A RIGHT TO:

STUDENTS HAVE A RESPONSIBILITY AND COMMITMENT TO:

PARENTS/GUARDIANS HAVE A RIGHT TO:

PARENTS/GUARDIANS HAVE A RESPONSIBILITY AND COMMITMENT TO:

GENERAL RIGHTS, RESPONSIBILITIES AND COMMITMENTS

ADMINISTRATORS HAVE RESPONSIBILITY AND COMMITMENT TO:

GENERAL RIGHTS, RESPONSIBILITIES and COMMITMENTS

TEACHERS, COUNSELORS AND OTHER STAFF HAVE A RIGHT TO:

TEACHERS, COUNSELORS AND OTHER STAFF HAVE A RESPONSIBILITY AND

GENERAL RIGHTS, RESPONSIBILITIES and COMMITMENTS

VOLUNTEERS HAVE A RIGHT TO:

VOLUNTEERS HAVE A RESPONSIBILITY AND COMMITMENT TO:

District and school rules apply to students whenever they are:

CONSISTENCY BETWEEN DISTRICT RULES AND SCHOOL RULES

OFF-CAMPUS STUDENT MISCONDUCT

STUDENT ZERO TOLERANCE OFFENSES

I. ATTENDANCE AND PUNCTUALITY

II. APPROPRIATE LEARNING ENVIRONMENT

DESCRIPTION OF KINDS AND LEVELS OF DISCIPLINARY ACTION

SECTION IV. PROTECTION OF PROPERTY

SECTION V. PROTECTION OF PHYSICAL SAFETY AND MENTAL WELL-BEING

D. Knowledge of a + Having knowledge of anothers possession of weapons or zero-

2. Fighting (mutual altercation)

confrontation, excluding sanctioned sports, whether or not the

3. Sexual Harassment S/R 3-5

4. Threat/Intimidation (physical or verbal threat or intimidation or

social/relational, verbal (oral, written, text messaging, telephone,

G. 1. With Hands, Feet, Fist

A firearm is any device which will, is designed to, or may readily be

A destructive device is any bomb, grenade, mine rocket, missile, pipe

3. With Knife or Cutting Object

4. With Other Dangerous Weapon

(abduction)* against his/her will, or of a minor without the consent of his/her

force)* by another person or organization, under confrontational

and/or coercion order to demand money, favors, actions, property, personal

vehicle grounds in a reckless manner, or so as to threaten health or safety, or

use of computer illegal information and/or to photocopy and/or disseminate such

threatens another on more than one occasion by following another,

+ The school administration may report incident to the police.

INFORMAL & FORMAL HEARING PROCEDURES

I. PURPOSE OF HEARING PROCEDURES:

III. INITIATION OF FORMAL HEARING PROCEDURES:

IV. PENDING THE HEARING:

V. PROCEDURES FOR HEARING AND DECISION:

VI. FOLLOWING THE FORMAL HEARING:

GUIDELINES FOR SUSPENSIONS

I. IN-SCHOOL SUSPENSION (available at some of the school-sites):

II. IN-SCHOOL SUSPENSION (ISS) SECONDARY LEVEL*:

II. ONE DAY SCHOOL SUSPENSION:

III. TWO TO FIVE DAY SUSPENSION:

IV. SIX TO TEN DAY SUSPENSION:

V. HOMEWORK DURING SUSPENSION:

VI. LONG-TERM SUSPENSION:

VIII. ALTERNATIVE EDUCATION:

PROCEDURES FOR LONG-TERM SUSPENSION OR EXPULSION OF

II. PARENT NOTIFICATION:

III. MANIFESTATION INQUIRY

FUNCTIONAL BEHAVIORAL ASSESSMENT AND BEHAVIOR INTERVENTION

ALTERNATIVE EDUCATIONAL SERVICES DURING THE PERIOD OF LONG-TERM

PROVISION OF INTERIM ALTERNATIVE EDUCATIONAL SERVICES (I.A.E.S.)