Policies » Section J: Students » JICD: Student Conduct, Discipline And Due Process

Policy Date: 01/18/2022

HSD File: JICD
HOOKSETT SCHOOL DISTRICT
STUDENT CONDUCT, DISCIPLINE AND DUE PROCESS

It is essential for schools to maintain a safe and orderly environment which supports student learning and
achievement. All students are expected to conduct themselves with respect for others and in accordance with
School Board policies, school rules, and applicable state and federal laws. Disciplinary action may be taken
against students who violate policies, rules, or laws, and/or whose conduct directly interferes with the
operations, discipline, or general welfare of the school.

Disciplinary consequences will range from a verbal warning for minor misconduct up to and including expulsion
for the most serious offenses. The Hooksett School District will follow the procedures set forth by state and
federal law, specifically RSA 193:13 and Ed 317, in the discipline of students. The Hooksett School Board does
not review appeals of student disciplinary decisions unless a right to appeal is explicitly conferred by policy or by
law.

Behavior that also violates the law may be referred to law enforcement authorities.

Temporary Removal from Classroom
Students may be temporarily removed from the classroom at the discretion of the classroom teacher. A student
may be temporarily removed if the student refuses to follow the teacher’s directions, fails to follow school
policies or rules, disrupts the classroom environment, or otherwise engages in conduct that violates the Student
Code of Conduct. During such removals, students will be sent to the building principal’s office or designated
area.

Teacher Detention
Students may be assigned a detention at the discretion of the classroom teacher. A student may receive a
detention if the student refuses to follow the teacher’s directions, fails to follow school policies or rules, disrupts
the classroom environment, or otherwise engages in conduct which violates the Student Code of Conduct.
During such detentions, students will be required to remain at school during non-school hours; elementary
students may serve a detention during their recess period(s). Parents will be notified at least twenty-four (24)
hours prior to the detention. The length of the detention is left to the discretion of the classroom teacher and
will generally not to exceed one (1) hour.

Administrative Detention
Students may be assigned a detention at the discretion of the building Principal or designee. A student may
receive a detention if the student refuses to follow the administrator’s directions, fails to follow school policies or
rules, disrupts the school environment, or otherwise engages in conduct which violates the Student Code of
Conduct. During such detentions, students will be required to remain at school during non-school hours. Parents
will be notified at least twenty-four (24) hours prior to the detention. The length of the detention is left to the
discretion of the administration and will generally not to exceed one (1) hour.

In-School Suspension
Students may be assigned in-school suspension at the discretion of the building Principal or designee. During
such in-school suspensions, the student will attend school but will be removed from one or more classes and
placed in a restricted and supervised room within the building. The student will be expected to remain of good
behavior and work quietly on school work while serving the in-school suspension. Parents will be notified 24
hours prior to the in-school suspension.

Short-Term Out-of-School Suspension
The building Principal or representative designated in writing by the Superintendent is authorized to suspend a
student for a specific period of time, not to exceed ten (10) consecutive school days. A suspension may be
imposed for:
 Behavior that is detrimental to the health, safety, or welfare of pupils or school personnel; or
 Repeated and willful disregard of the reasonable rules of the school that is not remediated through
imposition of the districts graduated sanctions.

During such suspensions, unless otherwise stipulated in writing, a suspended student is not permitted to attend
school classes or activities, school sponsored events, or be on school property for the duration of the
suspension.

A student who is subject to a short-term suspension (ten school days or fewer) is entitled to the following due
process:
1. The student will meet with the building principal or assistant principal to discuss the charges and the
evidence against the student. The principal or assistant principal will inform the student of the
possibility of a short-term suspension.
2. The student will be given an opportunity to present his or her side of the story at this meeting.
3. The student and at least one of the student’s parents/guardians will receive a written statement
explaining any disciplinary action taken against the student.

Depending on the severity of the student’s conduct, the building Principal or designee may also refer or
recommend the student to the Superintendent or to the School Board for further disciplinary consequences.

Long-Term Out-of-School Suspension
The School Board, or the Superintendent, as the School Board’s designee, may extend a student’s suspension
for up to an additional ten (10) consecutive school days. A long-term out- of-school suspension may be
imposed for:
 An act of theft, destruction, or violence as defined in RSA 193-D;
 Bullying pursuant to school district policy, JICK when the student has not responded to targeted
interventions and poses an ongoing threat to the safety or welfare of another student; or
 Possession of a firearm, BB gun, or paintball gun.

During such suspensions, unless otherwise stipulated in writing, a suspended student is not permitted to attend
school classes or activities, school sponsored events, or be on school property for the duration of the
suspension.

A student who is subject to a long-term suspension is entitled to the following due process:
1. Upon recommendation of a long-term suspension and prior to any hearing, there shall be a written
communication to the student and at least one of the student’s parents or guardians, delivered in
person or by mail to the student’s last known address, which states the charges and an explanation of
the evidence against the student.
2. A hearing that meets the requirements of Ed 317.04(f)(3)(g).
a. The school officials shall present evidence in support of the charges and the student (or the
student’s parent/guardian) shall have an opportunity to present any defense or reply.
b. During the hearing, the student, parent/guardian shall have the right to examine any witnesses
presented by school officials.
c. The hearing shall be either public or private and the choice shall be that of the student or the
parent/guardian. Provided, nevertheless, that if the nature of the evidence will violate the
privacy of other students or if the Superintendent or School Board determines that substantial
harm to the pupil could result from an ill-conceived decision to hold the hearing in public, then
the Board reserves the right and obligation to insist upon a private hearing.
d. The student may, together with a parent/guardian, waive the right to a hearing and admit to
the charges.
3. The student is entitled to a written decision which includes the legal and factual basis for the conclusion
that the student should be suspended.
4. The written decision shall include notice to the student that the decision may be appealed. For a long
term suspension issued by Superintendent, the decision must be appealed in writing to the Hooksett
School Board within ten days after the issuance of the decision. The School Board will hold a hearing on
the appeal but has the discretion to hear evidence or to rely upon the hearing conducted by the
Superintendent.
5. For a long term suspension issued by the School Board, the decision must be appealed to the New
Hampshire State Board of Education within 20 days after receipt of the decision.
6. The long-term suspension shall remain in effect while an appeal is pending unless the School Board
stays the suspension.

Depending on the severity of the student’s conduct, the Superintendent may also refer or recommend the
student to the School Board for further disciplinary consequences.

Expulsion
The School Board may expel a student, which permanently denies a student’s attendance at school. An
expulsion may be imposed for an act that poses an ongoing threat to the safety of students or school personnel
and that constitutes:
 A repeated act that would permit a long term suspension;
 Any act of physical or sexual assault that would be a felony if committed by an adult;
 Any act of violence that constitutes a “violent crime” pursuant to RSA 651:5, XIII; or
 Criminal threatening that constitutes a class B felony pursuant to RSA 631:4, II(a).

During an expulsion, unless otherwise stipulated in writing, a student is not permitted to attend school classes
or activities, school sponsored events, or occasion school property.

A student who is subject to expulsion is entitled to the following due process:
1. Upon recommendation of an expulsion and prior to any hearing, there shall be a written notice to the
student and at least one of the student’s parents or guardians, delivered in person or by mail to the
student’s last known address, which states the date, time, and place for a hearing before the School
Board. The notice shall be delivered to the student and at least one of the student’s parents/guardians
at least five calendar days prior to the hearing.
2. The School Board shall conduct the hearing in accordance with New Hampshire Administrative Rule Ed
317.04(f) (3) (g).
a. The school officials shall present evidence in support of the charges and the student (or the
student’s parent/guardian) shall have an opportunity to present any defense or reply.
b. During the hearing, the student, or the parent/guardian shall have the right to examine any
witnesses presented by school officials.
c. The hearing shall be either public or private and the choice shall be that of the student or the
parent/guardian. Provided, nevertheless, that if the nature of the evidence will violate the
privacy of other students or if the Board determines that substantial harm to the pupil could
result from an ill-conceived decision to hold the hearing in public, then the Board reserves the
right and obligation to insist upon a private hearing.
d. The student may, together with a parent/guardian, waive the right to a hearing and admit to
the charges.
3. Before expelling a pupil under this section the local school board or chartered public school board of
trustees shall consider each of the following factors:
a. The student’s age;
b. The student’s disciplinary history;
c. Whether the student has a disability;
d. The seriousness of the violation or behavior committed by the student;
e. Whether the school district has implemented positive behavioral interventions;
f. Whether a lesser intervention would properly address the violation or behavior committed by
the student.
4. The School Board shall issue a written decision stating whether the student is expelled and, if so, the
length of the expulsion. If the decision is to expel, the decision must include the legal and factual basis
for the decision including the specific statutory reference prohibiting the act for which the student is
expelled.
5. The expulsion shall run until the School Board reviews it and restores the student’s permission to
attend school. The written decision shall state any action that the student may take to be restored by
the School Board. The decision shall also state that the student has the right to appeal the decision to
the New Hampshire State Board of Education at any time while the expulsion remains in effect.
Any expulsion shall be subject to review by the School Board, if requested, prior to the start of each school
year. A student seeking restoration of permission to attend school shall file a written request with the
Superintendent prior to the start of each school year which details the basis for the request.
Possession of a Firearm

Pursuant to RSA 193:13, IV, any student who brings or possesses a firearm (as defined in 18
U.S.C. § 921) in a safe school zone, as defined in RSA 193-D:1 without written authorization from the
Superintendent or designee shall be expelled from school by the Hooksett School Board for a period of not less
than 12 months.

Pursuant to RSA 193:13, VI, a student who is expelled from school in another state under the provisions of the
Gun Free School Zones Act of 1994 shall not be eligible to enroll in the Hooksett School District during such
expulsion. If the out of state expulsion is for an indefinite period of time, the student may petition the School

Board for enrollment upon establishing residency.
As provided in RSA 193:13, VII, both of the above expulsions may be modified by the Superintendent upon
review of the specific case in accordance with other applicable law. The expelled student must submit a written
application to the Superintendent requesting modification of the expulsion, and the student will be required to
submit sufficient evidence in the form of letters, work history, or other documents that it is in the school’s best
interest and the student’s best interest to allow a modification.

Superintendent Authority
The School Board authorizes the Superintendent to reinstate a suspended or expelled pupil on a case by case
basis.
Educational Assignments
The student’s school will make all educational assignments available to the suspended student during the
student’s suspension.
The school district will provide alternative educational services to a student whenever the student is suspended
in excess of twenty (20) cumulative days within any school year. Such alternative educational services will be
determined by the school Principal or Assistant Principal and shall be designed to enable the student to advance
from grade to grade.

No student shall be penalized academically solely by virtue of missing class due to suspension.
The School Board, in its discretion, may authorize educational services to be provided to an expelled student in
an alternative setting on a case by case basis.

Behavior Intervention Plans
The student’s school will develop an intervention plan for any student who has been suspended more than ten
(10) cumulative school days in any school year. The intervention plan will be designed to proactively address
the student’s problematic behaviors.

Students with Disabilities
Discipline of students with identified or suspected disabilities will be in accordance with the Individuals with
Disabilities Education Act of 2004, New Hampshire State Law on Special Education (RSA 186-C), New
Hampshire Standards for the Education of Children with Disabilities (Ed 1100), and Section 504 of the
Rehabilitation Act of 1973.

Code of Conduct (Handbook)
The School Board authorizes the Superintendent to establish a Code of Conduct (Handbook) which will contain
a system of supports and consequences designed to correct student misconduct and promote behavior within
acceptable norms. The Code of Conduct will include a graduated set of age appropriate responses to
misconduct and will set forth standards for short term suspensions up to five (5) school days, short term
suspensions up to ten (10) school days, long term suspensions up to 20 school days, and expulsion. Such
standards will make reference to the nature and degree of disruption caused to the school environment, the
threat to the health and safety of pupils and school personnel, and the isolated or repeated nature of incidents
forming the basis of disciplinary action.

Notice
This policy and school rules which inform the student body of the content of RSA 193:13 shall be included in
the student handbook and made available on the District’s website to students, parents, and guardians. The
Principal or designated building administrator shall also inform the student body concerning this policy and
school rules which address the content of RSA 193:13 through appropriate means, which may include posting
and/or announcements.

The principal of each school shall make certain that the pupil has received notice of the requirements of RSA
193:13 and RSA 193-D:1 through announced, posted, or printed school rules at the beginning of each school
year. The statutory text shall be printed in the school handbook to be distributed to each student at the
beginning of the school year; and shall be announced, posted, and printed at other appropriate locations.
Nothing herein shall prevent a school principal from printing, posting and/or announcing other rules applicable
to the school.

Adopted: May 1, 2001
Adopted: November 5, 2002
Revised: November 2, 2010
Revised: January 16, 2018
Revised: January 18, 2022

Legal References:
18 U.S.C. § 921, Definition of Firearm RSA 189:15, Regulations
RSA 193:13, Suspension & Expulsion of Pupils
RSA 651:5, XIII, Annulment of Criminal Records – Violent Crimes RSA 631:4, II(a), Criminal Threatening
RSA Chapter 193-D, Safe School Zones
RSA Chapter 193-F, Pupil Safety and Violence Prevention
NH Code of Administrative Rules, Section Ed 306.04(a), Policy Development NH Code of Administrative Rules,
Section Ed 306.04(f), Student Discipline
NH Code of Administrative Rules, Section Ed 317, Standards and Procedures for Suspension and Expulsion of
Pupils Including Procedures Assuring Due Process