Muscogee County School District Columbus, Georgia
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1 COLUMBUS, GA Muscogee County School District Columbus, Georgia P.O. Box 2427 Columbus, Georgia John A. Phillips, Jr., Ph.D. Interim Superintendent of Education Superintendent s Message Dear Students: Welcome to a new school year! We are presenting this booklet to you and your parents with the hope that it will be read and discussed thoroughly. Every student needs to know the rules and regulations regarding his/her behavior in school. Reading this booklet will enable you to know what the rules are and what is considered undesirable behavior. Our ultimate hope is that your conduct during the school year will be so good that the rules will not have to be applied. Nothing would please us more than to say that all students in our schools conduct themselves properly. If your conduct is questioned, then you can check the booklet to find out what the rules say. We wish for each of you a most successful and rewarding school year. Sincerely, John A. Phillips, Jr., Ph.D. Interim Superintendent of Education Phone (706) / FAX (706) Phillips.John.A@muscogee.k12.ga.us Web address: i
2 Preface This booklet presents policies and procedures regarding discipline in the schools of the Muscogee County School District. It can serve as a ready reference for principals, teachers, students, and parents when questions arise regarding behavior problems. Additionally, members of the Muscogee County Board of Education and the central administration are desirous of all school patrons having knowledge of what is considered as misconduct. Students are expected to share and discuss the contents of this booklet with their parents. The policy of Muscogee County School District is to provide educational programs for students as needed on the basis of individual interests, values, abilities and potential. The Muscogee County Board of Education does not discriminate in the educational policies under which it operates and will honor all appropriate laws relating to discrimination. NOTE: Each Muscogee County school has developed a discipline plan. This plan contains specific responsibilities and interventions for student behavior. Parents may request to review the individual school plan by calling the school for an appointment. ii
3 Muscogee County School District Muscogee County School Calendar District Traditional Calendar DATE Thursday, August 1 Thursday Tuesday, August 1-6 Friday, August 2 Wednesday, August 7 Monday, September 2 Friday, September 6 Tuesday, September 10 Tuesday, October 8 Wednesday, October 9 Thursday, October 10 Monday, October 14 Tuesday, October 15 Monday, November 11 Tuesday, November 12 Wednesday, November 13 Monday Friday, November Tuesday, December 10 Friday, December 20 Monday, December 23 - Friday, January 3 Monday, January 6 Tuesday, January 7 Wednesday, January 8 Tuesday, January 14 Monday, January 20 Friday, February 7 Tuesday, February 11 Friday, February 14 Monday, February 17 Tuesday, March 11 Thursday, March 13 Friday, March 14 Monday, March 17 Monday Friday, March 31 Friday, April 4 Wednesday, April 23 Tuesday, May 13 Thursday, May 22 Friday, May 23 Friday, May 23 & Saturday May 24 Friday, May 23 Monday, May 26 Tuesday-Thursday, May Wednesday, May 28 EVENT Teachers Report Pre-Planning Students Report to Verify Assignments School Begins; 1 st Semester Begins Labor Day: No School for Students/Teachers Progress Reports Elementary Early Release Day Elementary Early Release Day 1st Nine Weeks Ends 2nd Nine Weeks Begins In-Service Day: No School for Students Report Cards Veterans' Day: No School for Students/Teachers Elementary Early Release Day Progress Reports Thanksgiving Break: No School for Students/Teachers Elementary Early Release Day 1 st Semester Ends; 2 nd Nine Weeks Ends Christmas Break: No School for Students/Teachers In-Service Day: No School for Students Classes Resume; 2 nd Semester Begins; 3rd Nine Weeks Begins Report Cards Elementary Early Release Day Martin Luther King Jr. Holiday: No School for Students/Teachers Progress Reports Elementary Early Release Day Winter Break: No School for Students/Teachers President s Day: No School for Students/Teachers Elementary Early Release Day 3 rd Nine Weeks Ends In-Service Day: No School for Students Report Cards; 4th Nine Weeks Begins Spring Break: No School for Students/Teachers Progress Reports NO Elementary Early Release Day Early College Graduation 2 nd Semester Ends; 4th Nine Weeks Ends: Last Day of School for Students High School Graduations Report Cards for Elementary Memorial Day: Non-work day for Teachers; Inclement Weather Makeup Day, if needed Post-Planning Report Cards for Secondary iii
4 Revisions to Behavior and Discipline Handbook Additions: Page Georgia DOE Rule (Student Enrollment and Withdrawal)...2 Bus Conduct (Electronic Devices w/headphones)... 8 Withdrawal as Discipline Electronic Communication Device Bullying (anonymously reporting) Hazing ( ) Definition of weapon Headgear Rule 19 Trespassing on School Property Prohibited Review to the Board Student Attendance Policy Attendance Procedures Attendance Protocol of Students 16 yrs. of age and older Teenage and Adult Drive Responsibility Act (TAADRA) Homebound Instruction Alternative Center Target Population Chief Academic Officer Title I Director Parent Right To Know Deletions: Georgia DOE Rule Change in using electronic devices...8 Corporal Punishment Electronic Communication Device Bully Hotline Number Weapon definition Rule 19 Trespassing on School Property Unexcused absences Withdrawal Procedures for students over 16 yrs. of age Academic Success Center Chief Teaching and Learning Officer Alternative Target Population No Child Left Behind TAADRA (changed location) Frequently Used Phone Numbers iv
5 Contents Visitors to School... 2 Medication... 2 Student Accident Insurance... 2 Student Support Team... 3 Section Section 504 Procedural Safeguards... 4 Release of Student Record Information (Policy JR)... 7 The Local School Code of Conduct... 7 Bus Conduct... 7 Seclusion and Restraint... 9 Demonstrations and Strikes Detentions...11 Interrogations and Searches...11 Electronic Communication Devices...12 Suspension and Expulsion...13 Offenses Punishable by MCSD...13 Chronic Disciplinary Problems Students...24 Off-Campus Misconduct...25 Rules for Removal of Dangerous Students...25 Administrative Procedures for Suspension and Expulsion...26 Student Discipline Tribunal...27 Reporting Requirements...29 Discipline of Students with Disabilities...30 Reinstatement of Students...32 Student Attendance Policy...32 Teenage and Adult Driver Responsibility Act (TAADRA)...36 Homebound Instruction...37 Early Release Policy...37 Alternative Education...38 Notification of Rights for Elementary and Secondary Schools Notice for Directory Information Media Release...41 Persistently Dangerous Schools Student Checkout Guidelines for Personnel Who Work with Athletic Activities McKinney-Vento Homeless Assistance Act Repeal Clause...42 Frequently Used Phone Numbers Behavior Contract...44 Senate Bill House Bill Family Education Rights and Privacy Act...45 Special Education Child Fund...45 Parent and Student Notification...46 Parent and Student Notification Bad Checks...47 Acceptance Use Policy...48 Parents Right To Know...51 v
6 Board Policy Descriptor Code: JCDA Student Behavior Code It is the policy of the Muscogee County Board of Education that each school within this school district shall develop and implement age-appropriate student codes of conduct designed to improve the student learning environment and which will comply with state law and State Board of Education Rule Each code of conduct shall include the following: Standards for student behavior designed to create the expectation that students will behave themselves in such a way so as to facilitate a learning environment for themselves and other students. The standards should be designed also to encourage students to respect each other and school district employees, to motivate students to obey student behavior policies adopted by this board and to obey student behavior rules established at each school within this school district; Student Support processes designed to consider, as appropriate in light of the severity of the behavioral problem, support services available at each school, the school system and other public entities or community organizations which may assist students to address behavioral problems; Progressive discipline processes designed to create the expectation that the degree of discipline imposed by each school will be in proportion to the severity of the behavior of a particular student, the previous discipline history of the student and other relevant factors, while ensuring that each student receives the due process mandated by federal and state law; Parental involvement processes are designed to enable parents, guardians, teachers and school administrators to work together to improve and enhance student behavior and academic performance. The process should enable parents, guardians and school employees to communicate freely their concerns about student behaviors which detract from the learning environment. Each school should involve parents in developing and updating student codes of conduct. Each code shall require disciplinary action for each infraction of the code. All student codes of conduct shall be submitted to the board for approval. The student code of conduct shall be distributed to each student and the student s parents or guardians during the first week of school and upon enrollment of each new student. The parents shall be requested to sign an acknowledgment of the receipt of the code conduct and return promptly the acknowledgment to the school. The student code of conduct shall be available in the school office and each classroom. The Muscogee County School District-Behavior Code and Discipline Policy distributed to its students and parents/guardians are hereinafter set forth in its entirety. 1
7 Student Enrollment and Withdrawal Students are eligible for enrollment in the appropriate general education program, if they have reached the age of five (5) by September 1 and have not reached the age of twenty (20) by September 1 or received a high school diploma or equivalent. Student with Individualized Education Programs may be eligible for enrollment until they reach the age of twenty-two (22). Student who qualify as homeless under the definitions in the McKinney- Vento Homeless Assistance Act, require an immediate school enrollment and full participation in all school activities with or without normal registration documents. If a dispute arises over school selection or placement of a homeless regular education student, the principal must admit the homeless child to the school in which enrollment is sought by the parent or guardian pending a resolution of the dispute. For more information, please see board policies and Georgia Department of Education Rule Visitors to School Visitors to the school must register at the school office as they enter the building. Visitors must also adhere to the guidelines set forth by the school. Medication Parents must complete a medication administration permission form annually or at the time the prescription is issued in order for the student to take prescription or over-the-counter medication while at school. All medication should be brought to school in its original container and delivered to the designated staff member. For more information, please see MCSD Board -Policy JGCD. Student Accident Insurance The Muscogee County School Board offers student accident insurance to all students in the Muscogee County School District. This insurance is available to you at a nominal fee. If you are interested, please contact your principal and he/she can let you know who the contact person is for obtaining this coverage. If you do not wish to take out Student Accident Insurance, your child s health insurance is your responsibility. The Muscogee County School District does not carry health coverage on students. 2
8 Student Support Team Student Support Team (SST) is a school-based, solution-focused team designed to support the learning or behavioral needs of regular education students. SST committees convene on a regular basis and can be initiated by parent, teacher, or other school related professional. SST chairs at each school are the contact persons for scheduling a student for the SST process. Section 504 Section 504 plans are available to students with a physical or mental impairment which impacts a major life activity (learning, self-help skills, walking, etc.). A 504 Plan outlines reasonable accommodations, regular or special education, related aids and services to ensure the student s civil rights are being met. More information about Section 504 policies and procedures are available on-line at Enrichment/ Pages/ Exceptional.aspx or can be obtained from the District s Section 504 Coordinator at the following address: Ms. Karyn Leggett, Muscogee County Public Education Center, 2960 Macon Road, Columbus, Georgia 31906, (706) or via Leggett.Karyn.L@ muscogee. k12.ga.us Notice Rights of Students and Parents Under Section 504 Section 504 of the Rehabilitation Act of 1973, commonly referred to as Section 504, is a nondiscrimination statute enacted by the United States Congress. The purpose of Section 504 is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students. For more information regarding Section 504, or if you have questions or need additional assistance, please contact your local system s Section 504 Coordinator at the following address: Program for Exceptional Students Muscogee County Public Education Center 2960 Macon Road Columbus, GA (706) Section504@muscogee.k12.ga.us The implementing regulations for Section 504 as set out in 34 CFR Part 104 provide parents and/or students with the following rights: Your child has the right to an appropriate education designed to meet his or her individual educational needs as adequately as the needs of nondisabled students. (34 CFR ) Your child has the right to free educational services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third parties who provide services not operated by or provided by the recipient are not relieved from an otherwise valid obligation to provide 3
9 or pay for services provided to a disabled student. (34 CFR ) Your child has a right to participate in an educational setting (academic and nonacademic) with non-disabled students to the maximum extent appropriate to his or her needs. (34 CFR ) Your child has a right to facilities, services, and activities that are comparable to those provided for non-disabled students. (34 CFR ) Your child has a right to an evaluation prior to a Section 504 determination of eligibility. (34 CFR ) You have the right to not consent to the school system s request to evaluate your child. (34 CFR ) You have the right to ensure that evaluation procedures, which may include testing, conform to the requirements of (34 CFR ) You have the right to ensure that the school system will consider information from a variety of sources as appropriate, which may include aptitude and achievement tests, grades, teacher recommendations and observations, physical conditions, social or cultural background, medical records, and parental recommendations. (34 CFR ) You have the right to ensure that placement decisions are made by a group of persons, including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. (34 CFR ) If your child is eligible under Section 504, your child has a right to periodic reevaluations, including prior to any subsequent significant change of placement. (34 CFR ) You have the right to notice prior to any actions by the school system regarding the identification, evaluation, or placement of your child. (34 CFR ) You have the right to examine your child s educational records. ( 34 CFR ) You have the right to an impartial hearing with respect to the school system s actions regarding your child s identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. (34CFR ) You have the right to receive a copy of this notice and a copy of the school system s impartial hearing procedure upon request. (34 CFR ) If you disagree with the decision of the impartial hearing officer (school board members and other district employees are not considered impartial hearing officers), you have a right to a review of that decision according to the school system s impartial hearing procedure. (34CFR ) You have the right to, at any time, file a complaint with the United States Department of Education s Office for Civil Rights. Section 504 Procedural Safeguards Overview: Any student or parent or guardian ( grievant ) may request an impartial hearing due to the school system s actions or inactions regarding your child s identification, evaluation, or educational placement under Section 4
10 504. Requests for an impartial hearing must be in writing to the school system s Section 504 Coordinator; however, a grievant s failure to request a hearing in writing does not alleviate the school system s obligation to provide an impartial hearing if the grievant orally requests an impartial hearing through the school system s Section 504 Coordinator. The school system s Section 504 Coordinator will assist the grievant in completing the written Request for Hearing. Hearing Request: The Request for the Hearing must include the following: a) The name of the student. b) The address of the residence of the student. c) The name of the school the student is attending. d) The decision that is the subject of the hearing e) The requested reasons for review. f) The proposed remedy sought by the grievant. g) The name and contact information of the grievant. Within 10 business days from receiving the grievant s Request for Hearing, the Section 504 Coordinator will acknowledge the Request for Hearing in writing and schedule a time and place for a hearing. If the written Request for Hearing does not contain the necessary information noted above, the Section 504 Coordinator will inform the grievant of the specific information needed to complete the request. All timelines and processes will be stayed until the Request for Hearing contains the necessary information noted above. Mediation: The school system may offer mediation to resolve the issues detailed by the grievant in his or her Request for Hearing. Mediation is voluntary and both the grievant and school system must agree to participate. The grievant may terminate the mediation at any time. If the mediation is terminated without an agreement, the school system will follow the procedures for conducting an impartial hearing without an additional Request for Hearing. Hearing Procedures: a) The Section 504 Coordinator will obtain an impartial review official who will conduct a hearing within 45 calendar days from the receipt of the grievant s Request for Hearing unless agreed to otherwise by the grievant or a continuance is granted by the impartial review official. b) Upon a showing of good cause by the grievant or school system, the impartial review official, at his or her discretion, may grant a continuance and set a new hearing date. The request for a continuance must be in writing and copied to the other party. 5
11 c) The grievant will have an opportunity to examine the child s educational records prior to the hearing. d) The grievant will have the opportunity to be represented by legal counsel at his or her own expense at the hearing and participate, speak, examine witnesses, and present information at the hearing. If the grievant is to be represented by legal counsel at the hearing, he or she must inform the Section 504 Coordinator of that fact in writing at least 10 calendar days prior to the hearing. Failure to notify the Section 504 Coordinator in writing of representation by legal counsel shall constitute good cause for continuance of the hearing. e) The grievant will have the burden of proving any claims he or she may assert. When warranted by circumstances or law, the impartial hearing officer may require the recipient to defend its position/ decision regarding the claims (i.e. A recipient shall place a disabled student in the regular educational environment operated by the recipient unless it is demonstrated by the recipient that the education of the person in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. 34 C.F.R. l04.34). One or more representatives of the school system, who may be an attorney, will attend the hearing to present the evidence and witnesses, respond to the grievant testimony and answer questions posed by the review official. f) The impartial review official shall not have the power to subpoena witnesses, and the strict rules of evidence shall not apply to hearings. The impartial review official shall have the authority to issue pre-hearing instructions, which may include requiring the parties to exchange documents and names of witnesses to be present. g) The impartial review official shall determine the weight to be given any evidence based on its reliability and probative value. h) The hearing shall be closed to the public. i) The issues of the hearing will be limited to those raised in the written or oral request for the hearing. j) Witnesses will be questioned directly by the party who calls them. Cross-examination of witnesses will be allowed. The impartial review official, at his or her discretion, may allow further examination of witnesses or ask questions of the witnesses. k) Testimony shall be recorded by court reporting or audio recording at the expense of the recipient. All documentation related to the hearing shall be retained by the recipient. l) Unless otherwise required by law, the impartial review official shall uphold the action of the school system unless the grievant can prove that a preponderance of the evidence supports his or her claim. m) Failure of the grievant to appear at a scheduled hearing unless prior notification of absence was provided and approved by the impartial review official or just cause is shown shall constitute a waiver of the right to a personal appearance before the impartial review official. 6
12 Decision: The impartial review official shall issue a written determination within 20 calendar days of the date the hearing concluded. The determination of the impartial review official shall not include any monetary damages or the award of any attorney s fees. Review: If not satisfied with the decision of the impartial review official, any party may pursue any right of review, appeal, cause of action or claim available to them under the law or existing state or federal rules or regulations. Release of Student Record Information (See Also Policy JR) Parents must notify the Office of Student Services, in writing, if they do not want their students demographic data shared with the military recruiter. Other information regarding student records is contained at Board Policy JR and on page 32 of this handbook. The Local School Code of Conduct Principals are required to develop a school code of conduct and are expected to consult with teachers, students, and parents during the process of development. Principals and teachers are urged to advise and inform all students of the school s code of conduct. Teachers are encouraged to submit recommendations as to the type and severity of punishment; however, decisions are to be made by the principal. This code shall be submitted to the Superintendent annually for his/ her review and approval. Bus Conduct (Policy JCDAD) Under the laws of our State, the Muscogee County School District has the authority to make reasonable regulations governing bus conduct. The walking distance to schools shall be one and one-half miles. The walking distance to a bus stop shall not exceed one-half mile. To provide for a safe and comfortable trip to and from school, students are required to observe the following rules: All Muscogee County rules and policies apply to student behavior at the bus stop, school activities, and en route to and from school. 1. The driver is in full charge of bus and students and will initially work with parents to resolve minor incidents. 2. If problems arise, parents are not to confront the bus driver at the bus stop. Make an appointment with the Transportation Department at (706) to discuss the matter. 3. The driver has the right to assign students to certain seats to promote order on the bus. ALL STUDENTS WILL REMAIN SEATED WHILE BUS IS IN MOTION. 4. Parents are responsible for getting their children to and from the bus stop. Buses run on schedule and CANNOT WAIT for passengers. 5. Misbehavior at the bus stop could result in refusal of transportation by the principal. 7
13 6. Keep your bus pass with you at all times in case the driver needs to check your eligibility. 7. Drivers will only let students off at their designated stop. 8. Students are expected to sit three to a seat. A standing load of 20% over the seated capacity is permitted, per state mandate. 9. Do not use profane or vulgar language while waiting for the bus. 10. Stand off the roadway while awaiting the bus. 11. Keep arms and head inside windows. 12. Be quiet and orderly on the bus; talk in low tones; ABSOLUTE SILENCE is required at railroad crossings. 13. Tobacco, drugs, and alcohol are prohibited. 14. No eating or drinking allowed on the bus. 15. Objectionable or dangerous objects are not permitted on the bus. 16. Fighting or physical play is prohibited. Fighting at the bus stop or on the bus could result in refusal of transportation by the principal. 17. No knives or other weapons allowed on the bus. 18. When crossing the street is necessary, students will immediately cross in front of the bus in full view of the driver. 19. Students may transport band instrument(s) on the bus, if space is available. 20. Riding the bus is a privilege. Do not abuse it. 21. Some buses will be monitored by surveillance cameras. 22. Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones, pagers, audible radios, tape or compact disc players without headphones; or any other electronic device that might interfere with the school bus communication equipment or the school bus driver s operation of the school bus. 23. Students shall be prohibited from using mirrors, lasers, cameras, or any other lights or reflective devices that might interfere with the school bus driver s operation of the school bus. Punishment for violation of any of the above rules may result in your student being removed from the bus utilizing the following progressive plan. Any student found guilty of student endangerment may result in automatic removal from the bus. Riding the bus is a privilege not a right. Do not abuse your privilege. 8
14 First Offense Parent conference for the development of a Student Bus Behavior contract and one day suspension from the bus. Second Offense Parent conference for the development of a Student Bus Behavior contract and a three (3) school days suspension from the bus based on discretion of the Principal. Third Offense Parent conference to modify the contract and expulsion from the bus for offenses that lead to a tribunal hearing; otherwise, a five (5) school days suspension from the bus. Fourth Offense Parent conference to modify contract and expulsion from the bus for seven (7) school days. Fifth Offense - Expulsion from the bus for ten (10) school days. Sixth Offense Principal has the discretion to expel the student from the bus for the remainder of the semester. Students shall be prohibited from acts of physical violence as defined by Code Section , bullying as defined by subsection (1) of Code Section , physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior. If a student is found to have engaged in physical acts of violence as defined by Code Section , the student shall be subject to the penalties set forth in that Code Section. A meeting of the parent or guardian of the student and appropriate school district officials must be held to form a School Bus Behavior contract. The contract shall provide for age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Provisions may include, but are not limited to, assigned seating, ongoing parental involvement, and suspension from the bus. These provisions regarding use of a bus behavior contract are not to be construed to limit the instances when other code of conduct violation may require use of a Student Bus Behavior contract. Students who fail to respond to the direction of the bus driver shall be reported to the school principal who may deny the student bus transportation. Any bus driver who feels that the principal s failure to deny bus transportation to a student will imperil other students in the driver s charge may appeal through his supervisor and ultimately to the school board, by notice given to the superintendent or designee, such notice shall be given reasonably after the principal s failure to act. Seclusion and Restraint Seclusion and Restraint (please see also Board Policy JGF (2) and Georgia State Board of Education Rule ) MCSD prohibits the use of seclusion, which is defined as a procedure that isolates and confines a student in a separate area until he/she is no longer an 9
15 immediate danger to him/herself or others. Seclusion does not include situations in which a staff member trained in the use of de-escalation techniques or restraint is physically present in the same unlocked room as the student, time-out (a behavioral intervention in which the student is temporarily removed from the learning activity but in which the student is not confined), in-school suspension, detention, or a student-requested break in a different location in the room or in a separate room. The use of physical restraint is prohibited except in those situations in which the student is an immediate danger to himself or others, and the student is not responsive to less intensive behavioral interventions. Physical restraint will be terminated when the student is no longer an immediate danger or if the student is observed to be in severe distress. Notwithstanding the foregoing, physical restraint is prohibited: (1) as a form of discipline or punishment; (2) when a student cannot be safely restrained, or (3) when the use of intervention would be contraindicated due to the student s psychiatric, medical, or physical conditions as described in the student s educational records. This policy should not be construed to eliminate or restrict the ability of any school district employee to use his or her discretion in the use of physical restraint to protect students or others from imminent harm or bodily injury. Nothing in this policy shall be construed to prohibit an employee of the school district from taking appropriate action to diffuse a student fight or altercation. Nothing in this policy shall be construed to interfere with the duties of law enforcement or emergency medical personnel. Restraint Procedures and District Requirements (1) Faculty and staff who are in positions in which they will be called upon to use physical restraints will be trained in the use of physical restraint and the MCSD policies and procedures regarding physical restraint. (2) The Department for Exceptional Students shall maintain documentation regarding the physical restraint training offered. Such documentation shall include lists of participants in each training, and will be made available to the Georgia Department of Education or any member of the public upon request. The Department for Exceptional Students will periodically review documentation regarding uses of physical restraint and physical restraint training. (3) The use of physical restraint shall be observed and monitored by school district personnel whenever possible. If physical restraint is used, its use will be documented by staff or faculty participating in or observing the restraint, and such documentation will be placed in the student s cumulative file, and forwarded to the Director of Programs for Exceptional Students. (4) If physical restraint is used, parents will receive written notification regarding the use of restraint and the reasons therefore within 24 hours of the use of restraint. 10
16 Demonstrations and Strikes School officials have the power to control demonstrations, strikes and similar activities on a school campus. Detention School principals have the authority to send a student home early or require him/her to stay in after school. Teachers have the authority to detain a student after school; however, they should advise the principal. When indicated, parents are to be notified. Withdrawal as Discipline Georgia law does not recognize withdrawal from school as an appropriate disciplinary consequence. Withdrawal from school will not be offered or suggested by school administrators as a consequence for inappropriate behavior or as an alternative to a disciplinary action. In the case of students whose immediate detention would pose transportation problems, twenty-four hours notice will be given before detention takes place. Interrogations and Searches (Policy JCAB) School officials have the authority to conduct reasonable interrogations and/ or searches of students in order to investigate and punish student misconduct. A search of a student, student vehicles and possessions shall be conducted whether by dog sniffing or otherwise, where based on reasonable cause, which is defined as knowledge, information or an awareness that leads to suspicion that the particular student (as distinguished from some unknown student) possesses drugs, alcohol, stolen property, weapons, or other dangerous substances, instrumentalities or contraband or other articles or instruments in violation of the Student Behavior Code and Discipline Policy. Reasonable Cause, as defined above, by way of example shall exist where a particular student is (a) observed by school officials or employees to be in possession of drugs or other inappropriate goods or substances, (b) seems to be acting strangely or in such unusual manner as to suggest the likelihood of such possession, or (c) where reliable sources report to school officials any of the matters referenced to in (a) or (b). These examples are not meant to be all inclusive of what constitutes reasonable cause. Searches of School Property All lockers, desks, and any other school property available for student use belong to the school district and are therefore subject to search at any time. Searches of Student Property Bringing a vehicle to school or to a school event is a privilege. Where a student chooses to bring a vehicle to school or to a school event, the student has waived any expectation of privacy as related to the vehicle, and in bringing a vehicle to school or to a school event, the student and his or her parents/guardians acknowledge and agree that the vehicle is subject to search at any time. 11
17 Student vehicles located on or near campus, as well as, student possessions such as pocketbooks, book bags, and other containers which could hold or transport drugs, alcohol, stolen property, weapons, or other dangerous substances, instrumentalities or contraband or all other articles or instruments in violation of the Student Behavior Code and Discipline Policy or in violation of any law may be subjected to searches by dog sniffing or otherwise. Where a student chooses to bring any such container/item to school or to a school event, he or she acknowledges and agrees that the container /item is subject to search at any time. Students should not share lockers, clothing items, book bags, purses, etc. since items found during searches could subject both parties to disciplinary proceedings. Electronic Communication Devices (Policy JCDAF) It shall be the policy of the Muscogee County School District - Board of Education that possession of an electronic communication device by a student in school shall be permitted as specifically prescribed by this policy. The rules below apply whether a personal electronic communication device is owned by a student or parent/guardian. Personal use of electronic communication devices by students during classroom instructional time is not permitted. During classroom instructional time, students are permitted to use personal electronic communication devices only as requested/required by an instructor, and only for academic purposes. Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones, pagers, audible radios, tape or compact disc players without headphones. Elementary students are not permitted to have any electronic devices on the bus or school grounds. Middle and high school students may have an electronic communication device phone, but it is not to be visible on the person, or powered on during school hours. School administrators shall handle violations of this policy in accordance with rules specified in the electronic communication device procedure. First Offense- Electronic communication device will be turned in to the principal or designee. The parent/guardian may pick up the device after 3 school days. Parent/guardian may pick up device at the close of the school day for 30 minutes (3:25-3:55 HS and 4:05-4:35 MS) or give an adult written permission to do so (schools may verify by asking for identification of the adult picking up the device). Second Offense- Student assigned administrative detention. Parent/guardian may pick up device after five (5) school days at the end of the school day (see 1st Offense). 12
18 Third Offense- Student assigned In-School Suspension for 2 days. Parent/ guardian may pick up the device after ten (10) school days. A mandatory parent conference will be held. Fourth Offense- Student will be suspended out of school for 2 days for each offense due to defiance. Parent/guardian may pick up device at the end of the school day (see 1st Offense). If the parent/guardian is adamant that he or she cannot allow the device to be held for the number of days listed in the proposed procedures, the parent/ guardian chooses for his or her son/daughter/ward to accept a 2 day out-of school suspension in lieu of the device being held. The principal or designee of each school is authorized to provide for exceptions to this policy such as in the case of medical emergencies. The Muscogee County School District will provide parents or guardians and their children access to a telephone line for communication in the Guidance/Main Office. It is the sense of the Board of Education that every effort is made to support and facilitate such parent/child communication. Suspension and Expulsion Suspension or expulsion, which deprives a student the privilege of attending the regular school program, is authorized for student behavior that is in violation of the school s Code of Conduct or Board Policy. The Board supports leaving the authority and responsibility to administer suspension up to ten (10) school days to the principal. For periods longer than ten (10) school days and for permanent expulsion, the principal must submit a written recommendation to the Superintendent of Education who will provide for a hearing which will ensure procedural and substantive due process. Offenses Punishable by Muscogee County School District The following rules apply from the time the student leaves home to go to school until she/he returns home, on school grounds, off school grounds while at or en route to any school activity, function, or event, en route to and from school and en route to and from school functions, activities or events, on a school bus or other transportation furnished by the School District. Violation of any rule will result in an age-appropriate consequence which should be progressive in nature to include parental involvement. Rule 1 Disruption and Interference with School No student shall: (A) Occupy any school building, gymnasium, school grounds, properties or part thereof with intent to deprive others of its use, or where the effect is to deprive others of its use; 13
19 (B) (C) (D) (E) (F) (G) (H) (I) (J) Block the entrance or exit of any school building or property or corridor or room thereof as to deprive others of access thereto; Prevent or attempt to prevent the convening or continued functioning of any school, class, activity or lawful meeting or assembly on the school campus; Prevent students from attending a class or school activity; Except under the direct instruction of the principal, block normal pedestrian or vehicular traffic on a school campus or adjacent grounds; Continuously and intentionally make noise or act in any other manner so as to interfere with the teacher s ability to conduct his/her class; In any other manner, by the use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or any other conduct, intentionally cause the disruption of any lawful mission, process or function of the school, or engage in any such conduct for the purpose of causing the disruption or obstruction of any such lawful mission, process or function; Refuse to identify himself/herself upon request of any teacher, principal, superintendent, school bus driver, or other authorized school personnel; Use profanity or obscene language; nor Urge, encourage or counsel other students to violate any of the preceding paragraphs of this rule. Rule 2 Damage or Destruction or Theft of School Property A student shall not cause or attempt to cause damage to school property or to steal or attempt to steal school property. Loss of school and library books must be reimbursed. Parents of students who shall be guilty of defacing or injuring any of the school property shall make restitution for all damage, and in default of such arrangement, students may be suspended from school and not allowed to reenter without permission from the principal. Rule 3 Damage or Destruction or Theft of Private Property A student shall not cause or attempt to cause damage or destruction to private property, commit forgery or steal or attempt to steal private property either on the school grounds or during a school activity, function or event off school grounds. Rule 4 Bullying Bullying behavior is prohibited. Bullying behavior is defined as: An act which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is: 14
20 (A) (B) (C) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or Any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that: (1) Causes another person substantial physical harm within the meaning of Code Section or visible bodily harm as such term is defined in Code Section Visible bodily harm is defined by as bodily harm capable of being perceived by a person other than the victim; (2) Has the effect of substantially interfering with a student s education; (3) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (4) Has the effect of substantially disrupting the orderly operation of the school. Upon a finding by a school administrator that a student has either committed a bullying offense or has been a victim of bullying, the student s parent or guardian will be notified. Any person who reports in good faith an incident of bullying, harassment, or intimidation to an appropriate school official, and who makes this report in compliance with the procedures in the school district s policy shall be immune from civil liability for any damages caused by such reporting or any failure to remedy the reported incident. Each reported incident of bullying behavior will be documented and investigated by the school principal / designee, and in some cases school security, and a disposition determined which may include suspension from school or a referral to the student discipline tribunal. Note that some student misconduct prohibited by this policy may also trigger responsibilities under the District s policies preventing discrimination on the basis of race, color, national origin, sex, or disability. Individuals receiving complaints of bullying or harassment should consider both sets of District policies that prohibit both bullying and peer harassment based on race, color, national origin, sex, or disability. When the student discipline tribunal panel finds a student in grades six through twelve guilty of bullying behavior for the third time in a school year, that student shall be assigned to an alternative school. Retaliation against a reporter following a report of bullying is prohibited. Incidents of bullying may be reported to any school district employee, and can 15
21 be reported anonymously by calling To report to the State of Georgia, call or Say-Stop. Or visit the website: and/or bullying-information Rule 5 Verbal Assault, Physical Assault, Disrespectful Conduct of Students In accordance with O.C.G.A , the following conduct of students displayed during school hours or at school related functions is prohibited and shall be punished in a manner that the Muscogee County School District deems appropriate to the age of the student: (A) (B) (C) (D) (E) (F) (G) (H) (I) Verbal assault of teachers, administrators, and other school personnel; Physical assault or battery of teachers, administrators, and other school personnel; Disrespectful conduct toward teachers, administrators, and other school personnel; Verbal assault of other students; Physical assault or battery of other students; Hazing: to subject a student to an activity which endangers or is likely to endanger the physical health of a student, regardless of a student s willingness to participate in such activity. Disrespectful conduct toward other students; Verbal assault of, physical assault or battery of, and disrespectful conduct toward persons attending school-related functions; and, Making of Terroristic Threats: Terroristic threats include (but are not limited to) threats to commit violence, threats to release dangerous instrumentalities or hazardous substances, and threats to cause harm that are likely to cause terror or evacuations (i.e. bomb threats, threats to bring weapons to school, threats to injure others by violent means, etc.). Any student alleged to have committed an act of physical violence against a teacher, bus driver, or other school official shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. O.C.G.A A student found by a disciplinary hearing officer, panel, or tribunal to have intentionally made physical contact which causes physical harm to (unless such physical contacts or harms were in self defense) a teacher, school bus driver, school official, or school employee, that student shall be expelled from the public school system for the remainder of the student s eligibility to attend 16
22 public school. The local school board, at its discretion, may permit the student to attend an alternative education program for the period of the student s expulsion. O.C.G.A Any student who is found by the disciplinary tribunal to have committed an act of intentional (non self-defense) physical violence which causes physical harm to a teacher, school bus driver, or school official shall be referred to juvenile court with a request for a petition alleging delinquent behavior. O.C.G.A If the student who commits an act of physical violence is in kindergarten through eighth grade, the school board at its discretion and on recommendation of the disciplinary hearing tribunal committee, may permit such a student to re-enroll in the regular public school program for grades nine through twelve. O.C.G.A Rule 6 Weapons and Dangerous Instruments (MCSD Code JCDAE) A student shall not possess, use, handle, transmit, or control any object which is or may reasonably be considered as a weapon. Weapon, while not meant to be all inclusive, examples of objects which may be considered as weapons are any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more ridged parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, any stun gun or taser as defined in subsection (a) of Code Section A student who wishes to bring an object which could be reasonably considered to be a weapon on school grounds as a part of or in conjunction with a class assignment or other school project shall first receive permission from the office of the principal. At the discretion of the principal, a student who is accused of violating this policy will be taken before the Muscogee County School District Discipline Tribunal. In addition, local police will be summoned to the campus. Where a student is determined by the student discipline tribunal to have brought a weapon to school, that student shall be expelled from school for a period of not less than one calendar year; however, the local board of education may modify such expulsions on a case-by-case basis. The Muscogee County Discipline Tribunal or the board of education is authorized to place a student determined to have brought a weapon to school in an alternative educational setting. O.C.G.A
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