Behavior Education Plan (BEP)

The integration of these practices into school-wide systems and structures takes time, effort, and teaming. Some teams responsible for this collective integration include Teacher Teams, Multi-Tiered Systems of Support (MTSS) Teams, Student Services Teams, School-Based Leadership Teams (SBLTs), PBIS or Culture and Climate Teams, and Family and Community Engagement Teams.

On this website we will explain each of these four foundational practices in more detail, and this proactive approach to behavior education is further explained throughout the plan. By using an approach that focuses on universal systems rooted in culturally responsive teaching practices, we can continue to integrate behavior education into everyday school practices. This will provide for safe and productive learning environments that foster belonging and community.

Culturally Responsive Teaching focuses on creating the classroom conditions necessary for teaching advanced cognitive skills to every child. In her book Culturally Responsive Teaching and the Brain, Zaretta Hammond explains that culturally responsive teaching requires a “learning partnership” between students and teachers

As culturally responsive teachers, educators are expected to engage in “inside” work that examines their own racial identities. This self-assessment also includes:

• Examining implicit biases

• Recognizing needs for Social Emotional Learning

• Analyzing the impact of actions

This work also requires that we embrace the holistic set of skills and abilities articulated in our Graduate Vision. We want our students to master academic content, build creativity, confidence, cultural competence, gain a strong sense of self and interpersonal skills, and have a growth mindset to help them continually build the skills and abilities to be successful.

The following strategies support Culturally Responsive Teaching

1. Set high and clear expectations for all students
2. Acknowledge all students
3. Develop self efficacy
4. Connect to students’ lives
5. Apply academic press
6. Address racial and cultural identity

The Behavior Education Plan is founded on principles of Restorative Justice in Education. At the center of this model is mindset, including the belief that all people are inherently worthy and want to be in strong relationships. Schools are supported with a variety of resources under the Restorative Justice umbrella, including the use of restorative practices.

As a District we work toward the transformation of school cultures so that all members of the learning community, including students, teachers, staff, administrators, families, and community members, feel they belong.

Restorative Practices focus on

• Building and maintaining healthy relationships to create a caring culture where every member thrives

• Engaging in repairing harm and transforming conflict

• Establishing communities of re-entry and support after harm in order to welcome, integrate, and support students after an extended absence or for individualized support to build a more equitable learning environment

In order to do this work, staff and students will learn to teach and reinforce foundational beliefs and core practices. These include building and maintaining just and equitable school communities and cultures, developing strong relationships, and using a “circle process” as both a proactive and responsive strategy to prevent, identify, and repair harm through healthy dialog.

We also believe in empowering, encouraging, and supporting student, family, and staff well- being. We plan to achieve this by offering a variety of opportunities to explore and experience mindfulness-based practices. Mindfulness practices can help us regulate and respond to our challenging and complex realities and are directly linked to Restorative Justice.

Students are most successful when we attend to both their academic and social emotional learning needs. Student needs differ, so social emotional learning must address a variety of topics. The Social Emotional Learning standards (SELs) guide the topics and are at the center of school-wide and classroom implementation.

Similar to academic standards, the SELs define what students should know and should be able to do and are incorporated into students’ experiences every day. Students learn about building a positive self-identity, managing emotions, and perseverance to name a few expected outcomes. Programs and curricula such as Welcoming Schools, Zones of Regulation and Second Step, and Developmental Designs (once known as Responsive Classroom) anchor this work at the elementary level in MMSD.

Even when schools have fully implemented the foundational practices, including interventions and supports, we know students will make mistakes. The Behavior Education Plan is intended to help turn mistakes into authentic learning experiences and to pair appropriate consequences with additional support. The Behavior Response Grid, further down this page, provides staff and administrators with guidance in making decisions about how to respond to student behavior. The Behavior Education Plan identifies 5 levels of possible responses to student behavior. Each behavior is assigned to one or more of these Response Levels. Staff and administrators may use only the Response Levels identified for each behavior. Further, an intervention must be put in place before progressing to the next Response Level for a repeat of the same behavior.

For example, if a student is being disruptive and the teacher successfully supports the student in the classroom to change their behavior, the behavior is responded to at level 1. If a student is being disruptive and the behavior requires additional support from a Support Staff, the behavior is responded to at level 2. For behaviors that are assigned Response Levels 2 and 3, the behavior must first be responded to at level 2 prior to that behavior being responded to at level 3.

Progressive responses are confined to the current school year. This means at the beginning of each new school year, the lowest assigned Response Level for a first occurrence of the behavior within the school year should be used for every student. See the Implementation Guidance for more information on support staff structures and mobile response systems.

In-School Suspension (ISS)

In-School Suspension (ISS) is a disciplinary response in which a student is removed from the classroom environment and assigned to work in a different location within the school building for up to one day. A temporary removal made as part of a system of support (for example, “TAB Out”, Take A Break, regulation room, or time needed to regulate per student’s Behavior Support Plan) is NOT an ISS.

What are the key components of ISS?

• School work: alternate academic programming/instruction in another supervised environment within the school setting

• Students with Disabilities must have:
  1) access to school work,
  2) receipt of special education services, and
  3) an environment with at least one student without a disability (then ISS is not considered a removal)

• Repair/reflection: the student reflects on the incident that occurred and collaboratively develops a plan with adults to repair harm, restore relationships, and/or support social and emotional growth of oneself and the school community

• Behavior support: if the student needs behavior support, that is also provided

Out of School Suspension (OSS)

During an Out of School Suspension (OSS) the student is not allowed to attend regular classes or other extracurricular activities associated with the school. Prior to any OSS, students must have the opportunity to share their version of the incident. If a student is suspended, parents/guardians must be notified promptly of the suspension, by phone if possible. They will also be given written notice of the suspension, which is Board Policy. The OSS process includes a right to appeal the suspension, referenced in the "Concerns and Appeals" accordion below.

Readmit Conference

Following any Out of School Suspension, a Readmit Conference with the school will be scheduled; parents and students will be invited to participate, and school staff will facilitate the conference. The purpose of the Readmit Conference is to provide an opportunity for the student to reconnect with the school community in a positive way and to address any unresolved issues related to the suspension so the student can successfully move forward having learned from the experience.

Expulsion

Response Level 5 conduct will result in a student being recommended for expulsion from school unless prohibited by the IDEA and/or state law. The District’s legal authority for expelling a student and the steps to be followed are explained in Board Policy 4045 (Expulsion). All recommendations for expulsion will be reviewed by the Coordinator of Progressive Discipline (or their designee) who, in consultation with the Chief of Schools – Operations (or their designee) and Executive Director of Student Services (or their designee), will determine whether or not to approve moving forward with the expulsion process.

In circumstances where a student’s conduct falls into Response Level 3 or 4 AND causes a serious physical injury (defined in Glossary of Terms) to another person, the Principal or program administrator may seek permission from the Coordinator of Progression Discipline to initiate a recommendation for expulsion.

Surrender for Safety

Surrender for safety acknowledges that students make mistakes and may unintentionally bring inappropriate items to school. Students are expected to learn from these mistakes. If a student voluntarily surrenders possession of a weapon or other inappropriate item to a school or alternative program staff member before being asked about the item or being discovered to be in possession and before anyone has been threatened with and/or harmed by the weapon or other inappropriate item in their possession, they will not be subject to the disciplinary consequences set forth above.

Athletic Code

Because participation in MMSD athletic programs is a privilege and not a right, the Athletic Code provides additional expectations, consequences, and interventions in place for our student athletes.

Mandatory Reporting of Threats of School Violence

While we believe in limiting the role of police in addressing school behavior issues, Wisconsin Act 143 mandates the reporting of serious threats of school violence. All school staff are considered mandatory reporters and must immediately contact law enforcement if they believe there is a serious threat of school violence. Training is mandatory to ensure staff understand their obligation to report any threat of school violence and anything that poses a serious and imminent risk to the health or safety of a school community. For more information on Wisconsin Act 143, please visit https://www.doj.state.wi.us/office-school-safety/act-143

While fidelity to the progressive discipline approach is critical, schools are also encouraged to explore alternative ways to solve problems and address behavior challenges without further decreasing students’ time outside the learning environment. Schools must develop an Alternatives to Suspension plan detailing the process and approach used in response to specific behaviors to offer students the opportunity to replace suspension.

Alternatives to Suspension are offered for the following behaviors

• Taunting, baiting, and encouraging fights

• Repeated disruption of instruction

Before these behaviors progress to OSS, the student should first be offered Alternatives to Suspension

School-based teams are encouraged to establish Alternatives to Suspension for the following behaviors

• Swearing at staff

• Drug violations

• Excessive physical aggression

• Making, transmitting, or distributing, including posting to the internet, any recording of physical contact, whether or not the participants considered it “play fighting.”

• Incidental contact, including the use of an object, with a staff member of the MMSD or any adult who is legitimately exercising authority at the school or during any school activity.

• Any other behaviors

Schools must submit an Alternatives to Suspension plan to the Coordinator of Progressive Discipline for approval and communicate the plan with students, staff, and families.

Protections for Students with a Disability

Nothing in the Behavior Education Plan replaces or substitutes any student rights as guaranteed by the Individuals with Disabilities Act (IDEA) or Wisconsin State law. Students with a disability will always be entitled to the rights and protections afforded to them by state and federal law and shall not be removed from the learning environments unless doing so is in accordance with the law. A detailed summary of the rights and protections guaranteed for students with a disability can be found in the Behavior Education Plan Special Education Guidance Document.

Collaboration is key

Typically, staff, students, and families should have collaborative discussions when disciplinary responses are used for behaviors. Any time there is a behavior that requires a response under the Behavior Education Plan, the school, student, and parent/guardian should work together to address the behavior and plan for the future. The behavior should result in an authentic learning experience.

Due Process

In general, “due process” includes a clear explanation of the behavior that occurred, an explanation of why
it violates the Behavior Education Plan, and a chance for the student to be heard. Depending on the level of response used for a behavior (addressed in class, addressed by support staff, an In-School Suspension (ISS), an Out of School Suspension (OSS), or an expulsion), the level of “due process” required will change. Here are some additional clarifications:

• Prior to any Out of School Suspension (OSS), students must have the opportunity to share their version of the incident. If a student is suspended, parents/guardians must be notified promptly of the suspension, by phone if possible. They will also be given written notice of the suspension, which is Board Policy.

• Students have the right to have a parent/guardian present when school staff interview them about potential Level 4 or 5 incidents. The purpose of the interview is for the student to share their version of events.

• Level 5 behaviors require a mandatory recommendation for expulsion require a much more detailed process. That process is explained in Board Policy 4045.

Scope of the Plan and Jurisdiction

The Behavior Education Plan applies to all schools, educational programs, and placements within MMSD. It does not apply to programs offered by MSCR. Consequences may be imposed for behaviors that occur while the student is at school during school hours and immediately before and after school; participating in any school- sponsored or supervised activity, including athletic events and field trips; under the direct supervision of a District employee or volunteer; or while using District-provided transportation (e.g. yellow buses). Consequences may apply to behavior that occur outside the school day and off school property only if that conduct endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employee or school board member of the District. This may include behaviors that involve social media that endanger the health and safety of those in the school.

Our genuine hope is that teachers, principals, and District staff can all work collaboratively with students and families to resolve any concerns. The process for addressing concerns is as follows:

• Families should first contact the teacher for any classroom concerns, or the principal for any unresolved classroom concerns and/or for school-wide concerns

• For any concerns not resolved at the school level or for any appeals, families should contact the Associate Superintendents’ Office for assistance

MMSD is committed to responding to parent and family concerns in the most efficient, effective, and respectful way.

For more information, see the MMSD guidlines for responding to concerns and complaints at madison.k12.wi.us/contact-us/request-for-assistance

In an effort to simplify understanding, this category is broken into possession, purchase, and distribution. The progression of incidents from warnings to expulsion with paired interventions and consequences is shown below.

The Madison Metropolitan School District will provide a safe, supportive and welcoming learning environment, free from sexual harassment and non-consensual sexual misconduct, for all of its students and staff. The District’s Non-discrimination policies #4620 and #8012A prohibits any form of sexual harassment and sex discrimination in our schools and administrative buildings.

Sexual harassment is defined in Title IX as any unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, AND objectively offensive that it effectively denies a person equal access to the District’s education program or activity. Title IX also defines sexual harassment as quid pro quo harassment, conditioning any educational opportunity or benefit on the granting of sexual favors, and any form of sexual assault, dating violence, domestic violence, or stalking.

Safety and belonging are important components of a positive school culture. The dress code policy is focused on promoting both. Students may dress in any style they desire and may present themselves in a way that is consistent with their identity, as long as their chosen attire does not cause a disruption or compromise safety in the school environment. The following examples are intended to represent these limitations:

Items not to be worn include:

• Clothing or accessories that cover your face *

• Clothing or accessories that may be used as a weapon

• See-through clothing

• Clothing or accessories with statements or images that are vulgar, obscene, or promote illegal drugs, alcohol, sex, violence, or gang activities

• Clothing or accessories that expose undergarments or the buttocks

• Clothing or accessories with words, pictures, or caricatures based on stereotypes of a specific gender, race, ethnicity, nationality, religion, sexual orientation, or disability

• Clothing or accessories with Native American team names, logos, or mascots that depict stereotypes

* Face coverings issued and used to prevent the spread of COVID-19 and/or other viral infections are permitted and encouraged.

Additionally:

• Clothing or accessories with sincerely held religious affiliations or purposes are allowed

• Shoes or footwear must be worn at all times

• Students at schools with board-approved school uniforms must abide by that policy

Advocate – An individual who promotes or supports the best interest of a particular student and has knowledge about their cultural identity, familial history, and current circumstances.

Bullying – The intentional action by an individual or group of individuals to inflict physical, emotional, or mental harm or suffering to another individual or group of individuals when there is an imbalance of real or perceived power. Such action creates an objectively hostile or offensive environment for the target and causes or is likely to cause negative and harmful conditions for the target. See Board Policy 4510 (Anti- Bullying).

Cheating – Using, submitting, obtaining or attempting to obtain data, questions, or answers dishonestly, by deceit or by means other than those authorized by the teacher. Cheating includes submitting the work of others as your own and plagiarism.

Disruption – Intentionally interfering with instruction in a manner that inhibits other students from accessing instruction.

Distribution – Selling (for money or other consideration), or giving away drugs or alcohol. In instances of giving away (where no money or other consideration is exchanged), only the student who brought the drugs or alcohol to school or a school-sponsored event shall be cited for distribution.

Drugs – All illegal drugs, controlled substances, narcotics, and prescription medications. The definition does not include prescription medications that are possessed 1) while under the care of a licensed healthcare provider who prescribed the drug to the student AND 2) in conformance with District policies regarding the administration of medication at school.

Electronic Smoking Device – The term “electronic smoking device” means any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term electronic smoking device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, JUUL, or under any other product name or descriptor.

Fighting – Repeated physical contact between two or more students that is harmful, injurious, or disruptive. Self- defense is an action taken to restrain or block an attack by another person or to shield oneself from being hit by another person. Responsive action, such as hitting a person back, is not self-defense and may be considered as fighting.

Non-consensual – Sexual activity imposed by one person onto another person without their consent. Consent is an affirmative nonverbal act or verbal statement expressing consent to sexual activity by a person that is informed, freely given, and mutually understood. It is the responsibility of person(s) involved in sexual activity to ensure that he/she/ they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent must be ongoing throughout the sexual activity and can be revoked at any time. Lack of protest or resistance does not mean consent, nor does silence mean consent. Consent to one act by itself does not constitute consent to another act. The existence of a dating relationship between the persons involved, or the fact of past sexual relations, should never by itself be assumed to be an indicator of consent. Whether one has taken advantage of a position of influence over another may be a factor in determining consent.

Consensual sexual activity is also prohibited at school and is subject to school-based interventions and/or administrative discipline.

Non-educationally Required Device – Any device that has the potential to detract from and/or disrupt student learning, whether electronic or otherwise, including, but not limited to, cellular phones, personal digital assistants (PDAs), personal music/video/gaming devices (e.g., Nintendo DS, iPods, MP3 players), electronic tablets, cameras and/or any other image/voice capturing device. See Board Policy 4403 (Possession of a Personal Electronic Device).

Possession – Having an item on one’s person or in one’s locker, car/vehicle (if parked on District property), backpack, purse, or other container.

Property Damage – The destruction, defacement or damaging of property, or equipment belonging to
the school, District, or another person. The value of the property that is damaged will be measured by the repair or replacement cost.

Protected Class Status (Harassment) – Any status expressly defined in and protected by federal, state or local law, regulation, or ordinance including gender, race, national origin, ancestry, creed, religion, pregnancy, marital status, parental status, sexual orientation, gender identity, gender expression, or physical, mental, emotional, or learning disability.

Purchase – Providing money or some other consideration in exchange for drugs or the promise to provide money or some other consideration at a later date in exchange for drugs.

Serious Physical Injury – Serious physical injury is a bodily harm that results in one or more of the following:

• substantial risk of death;

• permanent deformity or defect;

• coma;

• permanent or extended condition that causes extreme pain;

• permanent or protracted loss or impairment of the function of any body part; or

• results in admission to a hospital.

• serious physical injury includes, but is not limited to, fractured or broken bones (including the nose), and concussions. Serious physical injury does not include black eyes, welts, abrasions, or bruises.

Serious Threat – Engaging in conduct that places a person in a reasonable apprehension of bodily harm including, but not limited to, non-verbal aggression/ intimidation, verbal statements, or written statements.

Toy Weapon – Toys that mimic real weapons, including firearms and other guns, but are intended to serve as an item for entertaining children and are not dangerous.

Trespassing – Entering school grounds or a school building or space within a building without permission to do
so or remaining on school grounds or in a school building or space within a building after being told to leave by District staff.

Weapon – A device, instrument, material, or substance that is used for, or is readily capable of, causing death or serious bodily injury. Examples of weapons include, but
are not limited to, firearms, bows and arrows, BB guns, paintball guns, pellet guns, brass knuckles, stun guns, tasers, knives (all knife types regardless of length of blade), cutting instruments (all objects whose primary intended purpose is to be used to cut something; e.g., box cutters, scissors, carpet cutters, razor blades, straight razors). Cutting instruments are not considered a weapon IF use of the instrument has been authorized by a staff member and/or provided to students by a staff member for a legitimate educational purpose (e.g., scissors for a classroom project) so long as the student uses the object only for the authorized purpose.

Special Education Guidance

• Our goal in MMSD is to ensure all students with disabilities receive their free appropriate public education (FAPE) in the least restrictive environment (LRE).

• Guidance on the application of the Behavior Education Plan for students with disabilities, including detailed guidance for:

  • The process for reviewing and revising Individual Education Programs (IEPs)

  • Using a Functional Behavior Assessment (FBA) to develop a Behavior Intervention or Support Plan (BIP/BSP) to provide effective support

  • Alternatives to the Behavior Education Plan for students with disabilities

  • The Exemption from Expulsion process for students with disabilities

  • The Manifestation Determination process

Implementation Guidance

• Frameworks for school-based decision making

• Templates for universal systems, intervention strategies, and Alternatives to Suspension plans

• Family and community engagement practices

• Documentation expectations and data analysis

• Flowcharts and graphics to share with staff, students, and families

• Teaming structures, including efficient use of Student Services resources

• References for mental health and physical and emotional well-being

• Resources, including lessons and units, to teach and build community

• Best practices for implementation highlighted by MMSD school examples