Section V

ABSENCES (ADS)

Absent:

A student is absent when not in school or a class with or without the prior knowledge and consent of parents, guardians, or school personnel. A student not in class but on a school-approved activity will have the absence recorded as “excused” (see Excused Absence below.)

Excused Absences:

A student is absent when not in school or a class with or without the prior knowledge and consent of parents, guardians, or school personnel. A student not in school or class as a result of participation in a school-sponsored/sanctioned event, practice, competition, contest, meeting etc, or as listed in Section IV. Students are permitted a total of fifteen (15) excused absences by NMAA per semester.

Verified Absences:

A student is absent from school with prior knowledge and consent of a parent and written verification to the school. A student is absent from school with personal illness, Dr, appointments, death in the family, religious commitment, diagnostic commitment, extenuating circumstances, as agreed by the administrator prior to the absence, Approved school activities. Student must verify absences by written method within 24 hours of returning to school. Students may have equal to the same number of days absent to make-up work with full credit. At the principal’s or designee’s discretion, a doctor’s note may be required to verify absences.

Truancy:

A student who is absent from class or school without prior knowledge and written or verbal consent of the parent or guardian shall be considered “truant” (without a written note or prior consent). All students shall be expected to attend school during the Academic School Year, in accordance with the Compulsory School Attendance Law (22-12-1 to 22-12-7 NMSA 1978). Under the district’s Truancy Plan, progressive disciplinary action will be taken against any student who is truant (refer to student attendance policy 7.1). Under a cooperative agreement, referrals can be made to the Valencia County District Attorney’s Office, if students/families who fail to comply with the Compulsory School Attendance Law.

Excessive Absences:

(Refer to Student Attendance policy under policy 7.1) under the District’s Truancy Plan, progressive action will be taken if the unexcused absences continue and reach ten (10) days.

Truancy Department will submit cases for an Administrative Hearing, a Juvenile Probation Preliminary Inquiry, and a visit with the site Administrator to introduce intervention options. At this time the parents will be given five (5) additional unexcused days before Criminal Charges will be filed. Parent(s)/Guardian(s) who fail to appear at the Administrative Hearing will have their case filed for Criminal prosecution with the Valencia County District Attorney’s Office. The student will be classified as a Habitual Truant.

AGGRESSIVE CONFRONTATIONS (Physical) (AGP)

Behavior of students that might result in injury. Examples shall include, but are not be limited to, the acts of intentionally pushing, shoving, bumping, running into, tripping, or grabbing another student.

AGGRESSIVE CONFRONTATIONS (Verbal) (AGV)

The act of verbally confronting another person in a disruptive manner. The use of hate words including any verbal abuse or bullying of others, including but not limited to slurs, name-calling or derogatory statements to another person because of that person’s race, color, religion, national origin, disability, physical/ personal appearance, or sexual orientation.

ALCOHOL (POSSESSION OF) (ALC)

The use and/or possession of an intoxicating (alcoholic) beverage. This also includes possession of paraphernalia that has been used to ingest alcoholic beverages. (A citation, police report or discipline referral may be used to show evidence)

Definition of Possession:
A. On a student’s person or personal belongings such as backpack, gym pack, etc. while at school, school activity, or while being transported to and from an activity in a school bus or school vehicle.
B. In a student’s assigned or unassigned locker.
C. In a student’s car or friend’s car while on school property.
D. Knowingly concealed on school property by a student.

ALCOHOL SALE OR DISTRIBUTION (SAA)

Selling or distributing a substance capable of producing a change in behavior or altering a state of mind or feeling, including "look-alike" or items sold as a controlled substance.

ARSON (AR)

Maliciously, willfully, and/or neglectfully starting, by any means, a fire or causing an explosion on school property or at any school-related activity.

ASSAULT (AS1)

Any act, threat or menacing conduct which causes another to believe that he/she is in danger of receiving injury or harm.

ASSAULT WITH A FIREARM (ASF)

(Los Lunas School Board Policy 7.17)

ASSAULT WITH A KNIFE/CUTTING OBJECT (ASK)

An unlawful attempt to physically threaten or harm another individual.

ASSAULT ON A SCHOOL OFFICIAL (ASO)

Profanity or menacing conduct which causes another to believe there is danger of receiving injury.

ASSAULT WITH ANOTHER WEAPON (ASW)

Intending or performing assault with a weapon, instrument, or any means of force likely to produce bodily injury.

BATTERY (Level 1) BA1

The unlawful beating or using of force upon a person. Example: Fighting

BATTERY WITH A FIREARM (BAF)

(Board Policy 7.17)

BATTERY WITH A KNIFE/CUTTING OBJECT (BAK)

BATTERY ON A SCHOOL OFFICIAL (BSO)

Engaging in battery which is defined as intentionally, knowingly, or recklessly causing bodily injury to any school official while discharging school duties.

BATTERY WITH ANOTHER WEAPON (BAW)

Use of any weapon other than firearm or knife/cutting object to perform battery.

BOMB THREAT (BOM)

Falsely and maliciously stating to another either verbally or in writing that a bomb or other explosive has been placed in such a position that person or properties are likely to be injured or destroyed.

BULLYING/INTIMIDATION/INSTIGATION (BUL)

Any act or speech that subjects persons to indignity, humiliation, intimidation, physical abuse, social or other isolation, shame or disgrace.

Key factors in bullying include:
  • Power and control (Who has the most power? There’s always an imbalance of power in bullying cases.)
  • The act is repeated over time.
  • There has to be intent to harm or injure.
  • Trading insults back and forth is not bullying.

BUS DISRUPTION (BUS)

Deliberately or inadvertently interfering with the safe operation of a school bus which is stopped or moving; behaving in a manner adversely affecting an individual or any property on or near the bus itself, at bus stops, or at pick-up areas and athletic/activity trips (see Student/Parent Transportation Handbook).

CELLULAR PHONE/ELECTRONIC DEVICE/SEXTING (CEL)

It is the primary goal of The Los Lunas Schools to maintain a level of safety that is current and up to date with current trends and technology, and as such the following policies have been updated:

Using cellular telephone or other electronic device during schools hours to call or receive calls, send or receive text messages, take photographs, or use in any other manner that is in violation of this discipline handbook.

INAPPROPRIATE CAMERA OR CELL PHONE CAMERA PHOTOGRAPH USE

Being in possession of, or transmitting any obscene, distasteful or unnecessary materials by cell phone or any other electronic device during school hours is in violation of this discipline handbook. Being in possession of or transmitting of any image depicting a minor child is a felony under the following definitions:

Child pornography is defined as a person who knowingly or intentionally possesses:
  • A picture
  • A drawing
  • A photograph
  • A negative image;
  • Undeveloped film;
  • A Motion picture
  • A videotape;
  • A digitized image; or
  • Any pictorial representation; that depicts or describes sexual conduct by a child who the person knows is less than eighteen years of age or who appears to be less than eighteen years of age, and that lacks serious literary, artistic, political or scientific value.
Child exploitation is defined as a person who knowingly or intentionally:
  • Manages, produces, sponsors presents, exhibits, photographs, films, videotapes, or creates a digitalized image of any performance or incident that includes sexual conduct by a child under eighteen years of age;
  • Disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into the Los Lunas Schools for dissemination or exhibition matter that depicts or describes sexual conduct by a child under the age of eighteen years of age.

CYBERBULLYING, INTIMIDATION/INSTIGATION BY USE OF ELECTRONIC DEVICE OR SOCIAL NETWORKING OUTLET

Any act by use of transmitted communication, either by electronic device, or other transmittal device that subjects persons to indignity, humiliation, intimidation, physical abuse or threat of physical abuse, social or other isolation, shame or disgrace. This also includes direct or indirect communication of social networking sites. Examples of cyber bullying include:
  • Posting slurs, rumors or other disparaging remarks about a student or staff member on any website.
  • Sending email, text, or instant messages that are harassing or threatening in nature directly.
  • Taking and sending an unauthorized and/or unwanted photograph of a student or staff member.
  • Using any unauthorized electronic transmission to threaten, intimidate, or harass by means of direct or indirect contact.

VIDEO CELL PHONE/VIDEO CAMERA VOYEURISM PROHIBITED ACTS

Use of any non-approved video production by means of videotapes, films, photographs, exhibits, or any electronic transmitted images during school hours is prohibited. This includes, but is not limited to, lewd or obscene images and videos, but also includes the transmission of any act that is prohibited by school policies or a state and federal law is in violation of the Los Lunas Schools Behavior Handbook.

UNLAWFUL PHONE/VIDEO CAMERA PHOTOGRAPHING OF PRINTED MATERIALS PROHIBITED ACTS:

Use of any non-approved video production by means of videotapes, films, photographs, exhibits, or any electronic transmitted images of any school materials that are strictly the property of The Los Lunas School District is a violation of this discipline handbook.

USE OF SOCIAL NETWORKING BY STUDENTS AND STAFF PROHIBITED ACTS

Use of social networking by posting records or materials that are confidential in nature is forbidden both by students and staff. Examples include but are not limited to;
  • Students grades;
  • Students/staff discipline;
  • Students/staff medical records;
  • Any case management records;
  • Any FERPA (Family Education Rights and Privacy Act) protected materials;
  • Any material regarding administrative actions that are deemed confidential or personnel issues;
  • Teacher’s evaluations;
  • Derogatory statements against students and staff that violate The Los Lunas School District code of conduct policies;
  • Any statement that is a direct threat toward The Los Lunas School District, its students, staff, and visitors.
  • Direct statements regarding specific facts of an incident that occurred on campus without first being approved by the District Superintendent or designee.

CHEATING (CHT)

Using or attempting to use a dishonest, unethical or unapproved method to gain unfair advantage in demonstrating competency in performing a skill, achieving a goal, or to misrepresent the attainment of knowledge.

DEFIANCE OF SCHOOL PERSONNEL/AUTHORITY (DEF)

Refusing to comply with any reasonable demand or request by any school official or sponsor at places and times where school personnel have jurisdiction. This includes falsely identifying oneself, the use of profane or abusive language (oral or written) which is crude, insulting, or irreverent.

DISCRIMINATION (DIS)

Los Lunas School District prohibits discrimination against any student on the basis of race, religion, color, gender, age, national origin or ancestry, marital status, parental status, sexual orientation, or disability. The district will conduct its programs, services, and activities consistent with applicable federal, state, local laws and promotes equal opportunities.

DISRUPTION OF THE EDUCATIONAL PROCESS (DEP)

Any conduct or item not separately classified in this section that disrupts the educational process, constitutes a health or safety hazard, is in violation of state or municipal law, or is in violation of specific school rules. Unacceptable conduct is defined as whether or not it disrupts, or has the potential to disrupt, the educational process. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution by: (a) Threatening to cause physical injury to any employee or student of the school. Threatening to cause damage to any school property. Intentionally or knowingly entering or entering or remaining on school property purpose of interfering with the lawful use of school property in any manner as to deny or interfere with the lawful use of the property by others, Intentionally refusing to obey directives given by any staff member or administrator. Knowingly and deliberately failing to comply with any legal office or regulation designed by or rules provided by a teacher, principal, faculty or other public school official at anytime whether the rule is designed for the classroom, the campus in general, or any other location or facility involving a school-related activity. Being inappropriately dressed, i.e. being dressed in a manner that is potentially disruptive to the educational process; harassment, inappropriate use of cell phones or other electronic devices, use or possession of e-cigarettes; cellular phones or other communication devices for other than documented medical reason, or without specific prior approval of the school administration; gambling; or forgery.

DRESS CODE VIOLATION (DCV)

(see Section II)

DRUGS/COUNTERFEIT DRUGS/ANY DRUG (POSSESSION OF) (DRG)/USE

A. Counterfeit Drugs:
1. Any substance designed to look like an illegal or abuse-prone drug.
2. Any substance represented as an illegal or abuse-prone drug.

B. Definition of Possession:
1. Substance(s) found on a student’s person or personal belongings such as backpack, gym pack, etc, while at school, school activity or while being transported to and from school or from an activity in a school bus or school vehicle.
2. Substance found in a student assigned or unassigned locker.
3. Substance found in a student’s car or friend’s car while on school property.
4. Student knowingly conceals substance on school property.
5. Prescription medications that have not been turned into the school health office and taken under the supervision of school personnel.

DRUG PARAPHERNALIA (DRP)

Any object used to store, process, inhale or ingest drugs.

DRUGS/SALE OR DISTRIBUTION (SAD)

Selling or distributing a substance capable of producing a change in behavior or altering a state of mind or feeling. This includes all controlled substances or any look alike substances.

Drunkenness/Disorientation-Alcohol (DDA)

The physical, mental, or emotional impairment of personal faculties caused by alcohol.

DRUNKENNESS/DISORIENTATION-DRUGS (ddd)

The physical, mental, or emotional impairment of personal faculties caused by the use of marijuana, hallucinogenic drugs, other abuse prone drugs, counterfeit drugs, controlled substances or any substance with an intoxicating effect.

Definition of a substance with intoxicating/addictive effect:

A. A substance such as, but not limited to, permanent markers, hair spray, vanilla, liquid paper, gasoline, or caffeine pills used to produce an intoxicating effect.
B. Drugs prescribed by the student’s physician that are being taken according to the discretion of the prescription are exempt under this policy.

NOTE: Such prescribed medications are to be kept in the health office and taken under the supervision of school personnel.

EXPLOSIVES (EXP)

The use, possession, or sale of explosive devices that are capable of injury to self or others.

EXTORTION (EXT)

Using intimidation or the threat of violence to obtain money, information, or anything else of value from another person.

FIREWORKS/AMMUNITION (FWX)

The use, possession or sale of any incinery device which may cause injury to self or others, including but not limited to ammunition of any kind.

FORGERY (FOR)

The act of falsifying a person’s name, or altering of any school document and/or fraudulent use of school documents. Examples include notes from parents/legal guardians, teachers, and school personnel.

GANG RELATED ACTIVITY

Gang related activity can be intimidating to students, faculty, and the staff and is disruptive to the educational process. Although this list is not all inclusive, examples of inappropriate and unacceptable behaviors include such things as gang graffiti on school property, intimidation of others, gang fight and/or initiation rituals, and/or wearing gang attire or "colors,” or gang symbols, “sagging” and communicating gang symbols. Gang related activity can be engaged by those in a gang, related to a gang or just those that are intrigued by gangs. Since gang behavior, symbols, and colors are variable and subject to rapid change, school administrators and staff must exercise judgment and their individual discretion based upon current circumstances in their neighborhood schools when evaluating gang-related activity.

GANG RELATED ACTIVITY (LEVEL 1) (GN1)

Gang related markings on body or personal possessions, associated dress and gang related attire including sagging. Gang behavior may include, but is not limited to, throwing gang signs, whistling, and hanging around in groups.

GANG RELATED ACTIVITY (LEVEL 2) (GN2)

Gang fights, harassment, initiation, rituals, and graffiti.

GRAFFITI (GRA)

Gang, drug, weapon symbols or vulgar pictures or other markings on school property including notebooks, clothing, lockers or other items can result in disciplinary action. If school property such as desks or books are defaced, students should notify their teachers immediately.

HARASSMENT (HAR)

Unwelcomed pattern of conduct on the basis of race, age, color, national origin, sex, sexual orientation, gender identity, ability or religion that is sufficiently severe, persistent or pervasive to create a hostile environment for the individual. Harassment may include insults, name-calling, off color jokes, threats, comments, innuendoes, notes, display of pictures or symbols, gestures, or other conduct which rises to the level of a emotional distress.

HAZING/INITIATION (HZG)

(Los Lunas School Board Policy 7.12)

To harass by requiring the performance of unnecessary, disagreeable, degrading or humiliating tasks. To require students to engage in activities which could potentially result in harm or bodily injury to an individual. To play abusive humiliating tricks as a criteria for membership.

LANGUAGE, PROFANE AND/OR ABUSIVE (ORAL/WRITTEN) (LNG)

Language and/or writing which is crude, offensive, insulting, or irreverent. Examples include swearing/cursing (cussing).

NON EDUCATIONAL ITEM (NEI)

Any item that disrupts the educational process.

OBSCENE MATERIALS/ITEMS/BEHAVIOR (OBS)

Displaying and/or the possession of indecent and/or offensive materials or items. This includes making gestures that are indecent or offensive in nature. Also included are pictures, drawings and images on clothing.

OTHER SCHOOL RULES (OSR)

Acts of misconduct not specified herein shall also be subject to discretionary action by appropriate school personnel.

PHYSICAL MANAGEMENT

Physical management is defined as any means of attempting to control, touch or otherwise manage a student through the restriction of movement as a last resort when there is a threat of harm to self or others.

PROMOTING (PRO)

Gathering in the vicinity or hindering in the efforts of officials to intervene in any situation that encourages or advocates an unsafe activity.

PUBLIC DISPLAY OF AFFECTION (PDA)

Inappropriate physical contact as outlined more specifically by individual school site procedures.

ROBBERY/BURGLARY

Taking the property of another through means of fear, force, and/or forced entry of school property, building or rooms.

SEXUAL ASSAULT (SA)

An unlawful attempt or threat to do harm of a sexual nature. Threatening physical harm to another or causing a present fear of imminent danger to the person by use of threats, gestures, verbal assaults, instigation of a sexual nature.

SEXUAL BATTERY (LEVEL 1) (SB1)

Inappropriate or unwanted touching of a sexual manner.

SEXUAL BATTERY (LEVEL 2) (SB2)

The unlawful beating or using of force of a sexual nature upon a person.

SEXUAL HARASSMENT (SHR)

Behavior (including gestures) or words (oral or written) that are directed at a student or school personnel because of his/her sex that are uninvited, unwanted, or unwelcome which would cause the person of that sex to feel uncomfortable or offended or when the conduct by its nature is clearly unwelcome or inappropriate.

Examples include, but are not limited to:
A. Comments about body parts or rating a person’s body
B. Spreading of sexual rumors, stories or jokes
C. Using sexual orientation as an insult
D. Staring or pointing at a person’s body parts
E. Making obscene gestures
F. Displaying of sexual materials
G. Verbal sexual advances including subtle pressure for sexual activity
H. Repeated or persistent unwelcome requests for dates, meeting, or other social interactions

NOTE: If sexual touching occurs, the Sexual Battery Policy can be enforced.

STALKING (STK)

Stalking occurs when a pattern of harassing conduct, is threatening, is purposefully directed at a specific person, and would cause a reasonable person to fear bodily injury for themselves or others.

Stalking is commonly understood to include:
A. Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or e-mail.
B. Repeatedly leaving or sending the victim unwanted items, presents, or flowers.
C. Following or lying in wait for the victim at places such as home, school, work, or recreation place.
D. Making direct or indirect threats to harm the victim or the victim’s children, relatives, friends, or pets.
E. Damaging or threatening to damage the victim’s property.
F. Harassing the victim through the Internet.
G. Posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth.
H. Obtaining personal information about the victim by accessing public records, using Internet search services, hiring private investigators, going through the victim’s garbage, following the victim, contacting the victim’s friends, family, coworkers, or neighbors, etc.

TARDINESS (TDY)

Arriving after the designated bell signaling the beginning of school/class.
A. Tardy students will receive consequences according to district guidelines adopted by the individual site.
B. Consequences will be determined by the school administration. Examples include time in an alternative academic or community service setting (i.e. lunch, recess, after school, Saturday school)
C. Secondary students who miss more than 50% of the class period are considered absent. Parents should notify the school as established by the school if the absence is excused.

THEFT LEVEL 1 (TF1)

Taking possession and/or sale of property of another without consent of owner (items less than $250 monetary value).

THEFT LEVEL 2 (TF2)

Taking possession and/or sale of property of another without consent of owner (item of monetary value more than $250).

THREATS OF VIOLENCE AGAINST THE SCHOOL AND/OR FALSE ALARM (TOV)

Threats of violence against the school in any form, written, verbal, text, email, or via social media. False alarm-Interfering with the proper functioning of a fire alarm system or giving a false alarm.

TOBACCO (TOB)

The use of tobacco products, smoking, chewing or dipping. Possession of tobacco products on one’s person or personal belongings such as backpacks, gym pack, etc., while at school, on school property, school bus/vehicle, or at a school activity. Electronic cigarettes referred to as e-cigarettes and all e-cigarette products are prohibited, including all buildings, facilities, school busses, indoor and outdoor spaces surrounding grounds, as well as, parking lots.

TRESPASSING/UNAUTHORIZED PRESENCE (TRS)

Entering or being on school grounds or in a school building without authorization.

TRUANCY/DITCHING/UNEXCUSED ABSENCE (TRU)

Any absence that does not fit into the prescribed district guidelines or is not school related. Leaving campus without appropriate approval according to each school site’s rules.

VANDALISM (VND)

Deliberately or maliciously destroying, damaging, and/or defacing school property or the property of another individual. This includes, but not limited to, the desecration or burning of the American Flag.

WEAPONS (WEA)

The Los Lunas Schools Board of Education recognizes that the presence of weapons in school not only creates unacceptable risks of injury or death, but also creates a climate that undermines the educational purposes of the schools. Accordingly, it is the policy of the Board of Education to forbid the possession, custody, or use of weapons by students or unauthorized personnel in or around school property. This policy is enacted to implement the requirements of the Federal Gun Free Schools Act of 1995, 33 U.S.C. 3351 (a) (1) and it is the intention of the Board that it be interpreted to conform to provisions of the referenced laws.

Definitions:

Weapon – For the purpose of this policy, a “weapon” is any firearm, knife, explosive, or other object, even if manufactured for a nonviolent purpose, that has a potentially violent use, or any “look-a-like” object that resembles an object that has a potentially violent use, if under the surrounding circumstances, the purpose of keeping or carrying the object is for use, or threat of use, as a weapon. Examples include a knife, gun, ice pick, razor, or any substance used with the intent of inflicting bodily harm.

Deadly Weapon-Means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives and all such weapons which dangerous cuts can be given, or with which dangerous thrusts can be inflicted; or any other weapons with which dangerous wounds can be inflicted.

Firearm– For the purposes of this policy, and for purposes of compliance with Federal Gun Free Schools Act, a “firearm” is defined as any weapon, including a starter gun which will or 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, and firearm muffler or firearm silencer, or any destructive device. It is the policy of the Board that no student shall bring a weapon into a school zone, nor carry or keep any weapon in a school zone or while attending or participating any school activity, including during transportation to or from such activity. Disciplinary actions pursuant to this policy shall follow the procedures prescribed by the Public Education Department Regulation No. 81-3, as amended and the policies of the district.

Possession- the act or condition of having in, or taking into one’s control, or holding at one’s disposal with the intent to harm or injure is the act or condition of using a weapon with criminal intent to harm or injure another. The weapon need not be displayed therefore possession using threatening or menacing words would be considered a violation of this section.

Penalties for Violations

A. Any student found to be in violation of this policy shall be subject to discipline, including long-term suspension and expulsion.
B. In compliance with the Federal Gun Free Schools Act, any student found to be in violation of this policy due to possession of a firearm, as defined in this policy, shall at a minimum, be expelled from school for a period of not less than one year (365 days), provided, that the Superintendent or the Board of Education may modify such penalty in appropriate cases in their discretion.

Exceptions – “Look-a-likes” that are used in approved school activities such as ROTC, Dance Teams, etc., and which are approved by the site principal and under the control of the activity’s sponsor.

WEAPONS / FIREARMS, POSSESSION OF (WEA)

(Los Lunas School Board Policy 7.17)

WEAPONS – FIREARM OTHER (WFO)

WEAPONS – HANDGUN (WHG)

WEAPONS – KNIFE/CUTTING OBJECT (WPK)

WEAPONS – RIFLE/SHOTGUN (WRS)

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