Muscogee County School District Columbus, Georgia

Transcription

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) [email protected] 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) [email protected] 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

23 Rule 7 Alcohol, Narcotics, Stimulants, and Other Dangerous Drugs and Controlled Substances While at school, on any school district property, on the way to/from school, or while attending any school event, function, or field trip, students are prohibited from possessing, using, selling, swapping, stealing, transmitting, intending to transmit, distributing, intending to distribute, or ingesting, holding, carrying, or being under the influence of alcohol and/ or any other substances prohibited by this rule. Substances prohibited by this rule include (but are not limited to): (A) (B) (C) (D) (E) (F) All substances, chemicals, and drugs made illegal or defined as dangerous or illicit by any local, State, or Federal law; Drugs including, but not limited to narcotic drugs, synthetic marijuana, amphetamines, barbiturates, marijuana, herbal marijuana, cocaine, stimulants, depressants, hallucinogens, inhalants, opiates, or any other controlled substance or intoxicant; Alcoholic beverages or other intoxicants of any kind; Prescription and non-prescription medicine that has not been registered with the school pursuant to Board Policy JGCD; Any item or substance which is thought, represented to be, or treated as if it is an illegal or dangerous drug, illicit substance, intoxicant, or alcohol will be treated as such for the purposes of student discipline under this policy; and, Where a lawful substance is used inappropriately to cause or attempt to cause intoxication, that substance will be treated as an unlawful drug for the purposes of student discipline under this policy. Selling, transmitting, intending to transmit, distributing, intending to distribute, buying, attempting to buy, giving, swapping, or stealing prescription or overthe-counter medication is prohibited. All medication (prescription/non-prescription/over-the-counter) is to be turned in to the office prior to the beginning of the school day. See MCSD Board Policy JGCD A student s prescribed use of a prescription drug pursuant to and in accordance with a prescription from a registered physician authorizing that student s use of the drug is not a violation of this rule if the mandates of MCSD Board Policy JGCD are met prior to that student s use of the drug. Improper or off label use of prescription and / or over-the-counter medication is prohibited. Parental permission to have or use substances prohibited by this policy does not exempt a student from compliance. The principal or designee shall investigate and address each alleged violation of this policy as follows: 18

24 (A) (B) (C) A student accused of violating this policy shall be clearly informed by the principal or designee of the offense with which he or she is accused and the evidence against him or her. The student will be given an adequate opportunity to state his or her position regarding the alleged offense. The principal or designee shall notify the student s parents or guardians of the action taken, the reasons for this action, and what further action is to be taken. The principal, in his or her discretion, may refer the student to the Student Discipline Tribunal for final disposition of the case. Rule 8 Disregard of Directions or Commands A student shall not fail to comply with reasonable directions or commands of teachers, student teachers, substitute teachers, para-professionals, principals, assistant principals, school bus drivers or other authorized school personnel. Rule 9 Unexcused Absences A student shall not be absent from school or from any class or other required school function during required school hours except for illness or other providential cause, except with written permission of the teacher, principal, or other duly authorized school official nor shall any student encourage, urge or counsel other students to violate this rule. Rule 10 Dress and Grooming (Policy JCDB) All Students It is not the intent of the Muscogee County School District to dictate the quality or style of clothing worn, but rather an effort to encourage good habits and acceptable group behavior. Student dress and personal appearance should reflect dignity and pride in oneself and in the school. Therefore, a student shall not dress, groom, or wear or use emblems, insignias, badges or other symbols where the effect thereof is to distract unreasonably the attention of other students or otherwise to cause disruption or interference with the operation of the school. It is prohibited for any student to wear clothing items which advertise alcoholic beverages, sex, tobacco, obscene, crude or suggestive messages or use of profanity. Designs or insignias that are part of a haircut, satanic symbols, gangrelated badges, insignias and colors; logos or symbols which denigrate social or ethnic groups are also prohibited. Fake alcohol or drug advertisement is also disallowed. Individual schools are permitted to designate uniforms or apparel for students to wear. The schools shall present their choice to the Board of Education for review. Students who have financial reasons and can demonstrate that they cannot afford to purchase or acquire a uniform shall not be denied admission to school for that reason. 19

25 Religious attire will be permitted. Dress Code Summary Shirts All shirts should be tucked in No undergarments are to be worn as outer garments No midriffs should be exposed No see-through shirts/blouses No tank tops, spaghetti straps, tube tops Nothing that advocates drugs, sex, alcohol, violence, gangs, hate, or profanity No shirts that cover the midriff but move when the student sits Shoes No shower shoes, flip flops, or bedroom shoes No heels higher than two (2) inches Pants Pants are to be worn on or above the waist; NO SAGGING No see-through pants If pants can be worn properly on or above the waist, no belt is required Sweat pants, wind pants, pants with holes are not to be worn No pants are to be worn bound at the ankle Pants with holes are not to be worn (even if leggings are worn under the pants) Dresses and Skirts Dresses and skirts may be worn with the length to be no higher than three (3) inches above the top of the knee cap Shorts Shorts may be worn with the length to be no higher than three (3) inches above the top of the knee cap Athletic shorts may only be worn for physical education classes Coats Hooded garments may be worn to school as long as the hoods are not worn indoors Headgear No head coverings i.e., bandanas, do rags, sweat bands with the exception of medical purposes Jewelry No jewelry with reference to gangs, drugs, hate, violence, or sex is allowed Items such as chains on a belt, wallet, etc. and items with spikes are not allowed Jewelry, when worn, should not distract the learning environment The school is not responsible for stolen or damaged items No excessive oversized clothing is allowed Each school is expected to create a progressive discipline plan to address dress code violations using out of school suspension as the last intervention. 20

26 Rule 11 Leaving School without Permission No student may leave school at any time during the school day without permission of the principal or designee. Rule 12 Acts of Misconduct A student may be suspended for acts of misconduct, not specifically cited herein, that are deemed to affect the health and safety of other students or school personnel and/or to disrupt the educational process. Rule 13 Tobacco Products in the Schools (MCSD Code JCDAA) Students enrolled in the Muscogee County public schools shall not possess, transmit, or use tobacco in any form. Principals can suspend students for a period of not longer than ten (10) days when they are found guilty of possession, transmission or use of tobacco products in any form. Rule 14 Gangs Gangs are herein described as clubs, groups, or organizations of limited membership, which are known to the Muscogee County School District through its personal intelligence or through information furnished through local law enforcement officials, to advocate, practice, engage or participate in unlawful acts such as intimidation, violence, or destruction to property. Gangs are not permitted on school premises or in school facilities, or to conduct any activities, meetings, or gatherings on or about school facilities, premises, or property at any time. The presence of such gangs is a threat to the safety and well-being of students and faculties, and disruptive to the educational process. Gang activity is prohibited. Membership will be determined, by whatever means, from the existence of objective criteria. While not intended to be an all inclusive list, criteria which can serve to indicate membership or affiliation with gangs includes the following: Direct admission of gang affiliation Documented information on gang membership Information from known gang affiliate Admission of former membership with continued associations Photographs or drawings indicating gang association, etc. Association with gang members Students are prohibited from: (A) (B) (C) Wearing any insignia, and/or uniforms, or other means of any gang identification, or using or making any signs, signals, or other means of gang communication or identification; Allowing or inviting non-student gang members onto any school district property; and Using, employing, or relying upon his or her gang membership or 21

27 affiliation to threaten, to intimidate, or to harass verbally or physically other students or employees of the Muscogee County School District. Any student who violates this policy or any subpart thereof shall be subject to discipline under the Muscogee County School District Behavior Code and Discipline Policy, including the sanction of expulsion, if warranted under the particular circumstances of a violation. Rule 15 Student Welfare Prohibiting Harassment Based on Race, Color, National Origin, Sex, or Disability Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature when made by a member of the school staff to a student or when made by any student to another student or system employee constitutes sexual harassment when: (A) (B) (C) Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual s education; Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; and Such conduct has the purpose or effect of substantially interfering with an individual s academic or professional performance or creates an intimidating, hostile or offensive academic environment. Sexual harassment, as defined above, may include but is not limited to verbal harassment or abuse, pressure for sexual activity, repeated remarks to a person with sexual or demeaning implications, unwelcome touching, suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning ones grades, job, etc. Any person or student who alleges harassment based on race, color, national origin, sex, or disability by a staff member or student in the school district may complain directly to the principal. In addition, each school shall designate at least one male and one female employee, either assistant principals or guidance counselors, to whom complaints may be made. Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include the use of cell phones or the internet; or other conduct that may be physically threatening, harmful, or humiliating. Where a complaint of peer discrimination is made, the principal or designee must be notified and the principal or designee must reply to any such complaint of discrimination to the parent and / or student in writing within 15 days. Appeal Procedures: 1. If the parent and student do not feel the complaint has been fully resolved, they may, within five (5) days, appeal to the Chief Student Services Officer for the Muscogee County School District by calling or 22

28 writing him/her. 2. The Chief Student Services Officer (or designee) shall investigate and attempt to resolve the complaint within a reasonable time. 3. If the parent and student do not feel the complaint has been resolved by the Chief Student Services Officer, or have not received a response from the Chief Student Services Officer within fifteen (15) school days, parent / student may write directly to the Superintendent regarding the complaint. 4. Within thirty (30) school days of receipt of complainant s written request, if the complaint is not otherwise resolved, the Superintendent shall present the matter to the Board of Education at its regular meeting or at a special meeting called for that purpose. With respect to a matter so presented, the Board shall review the original complaint, the response of the Chief Student Services Officer, the response of the Superintendent and the response of the complainant. In addition, the Board may, but is not required to, hear directly from any individuals with knowledge of any relevant facts relating to the complaint. 5. The Board of Education will either uphold the recommendation of the Superintendent or require the System to take some other action in response to the complaint. A copy of the action of the Board will be furnished to the complainant, either as part of the minutes of the Board of Education or as a separate written statement. The Board shall be the final reviewing authority within the System. The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the Board s legal obligations, and with the necessity to investigate allegations of misconduct and take corrective action when this conduct has occurred. Rule 16 - Sexual Misconduct or Inappropriate Display of Affection A student shall not: (A) (B) (C) (D) Indecently expose himself or herself, or engage in any inappropriate heterosexual or homosexual action; Molest or rape another person; Engage in any form of inappropriate bodily contact or display of affection; Participate in inappropriate activities such as mooning (pulling one s own pants down) or ankling (pulling another student s pants down); and/or (E) Possess, pose for, and/or transmit pornographic materials (magazines, pictures, images within cellular phone, web sites, etc.). Students found guilty of the above actions may be suspended for not more than ten (10) days and may be referred to the Student Discipline Tribunal and/or may be referred to the law enforcement agencies that have jurisdiction. Parents and guardians are encouraged to inform their children of the 23

29 consequences, including potential criminal penalties, of underage sexual conduct and crimes for which a minor can be tried as an adult. Rule 17 Falsifying Reports of Alleged Inappropriate Behavior by Teacher/School Personnel Students are not to falsify, misrepresent, omit, or erroneously report information regarding instances of alleged inappropriate behavior by a teacher, administrator, or other school employee. Rule 18 - Chronic Disciplinary Problem Students Definition: The term, Chronic Disciplinary Problem Student means a student who exhibits a pattern of behavioral characteristics which interfere with the learning process of students around him or her and which are likely to recur. Procedures in accordance with Ga. School Laws through : Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify the guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation when possible, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan. The plan should include the consolidated ideas from the principal and parent/guardian to keep the child in the current school. Also, the plan must address the consequences for the child s inappropriate behavior and steps to prevent reoccurrences. Once all of these steps have been taken and documentation of parental involvement is given, if the problem continues, the student may be referred to Student Services for a tribunal hearing Request that parent or guardian attends conference before student permitted to return from expulsion or suspension. Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by telephone call and by either certified mail or statutory overnight delivery with return receipt requested or first-class mail at least one parent or guardian to schedule and attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference be placed in the student s permanent file. The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. If the court finds that the parent or guardian his willfully and reasonably failed to attend a conference request by a principal pursuant to Code Section or , the court may order the parent or guardian to participate in such 24

30 programs or such treatment as the court deems appropriate to improve the student s behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section to enforce any order entered under this Code section. Rule 19 Trespassing on School Property is Prohibited (A) (B) A student will be in violation of this rule and subject to discipline if they have been suspended and/or expelled from school and found on any school property during the suspension/expulsion period without prior permission from the school district. A student and/or non-student will be in violation of this rule and subject to discipline if he or she fails to leave school district property or a school event after being ordered to leave by an authorized individual. Off-Campus Misconduct Off-Campus behavior may, in appropriate circumstances, subject a student to disciplinary action up to and including expulsion by either the school or the Muscogee County School District Discipline Tribunal. Off-campus behavior of a student which could result in the student being criminally charged with a felony and which makes the student s continued presence at school a potential danger to persons or property at the school or which disrupts the educational process is prohibited. For Health or Safety Rules for Removal of Dangerous Students Any student who has a communicable disease that poses a substantial threat to the health or safety of the school community may be removed from the school by the principal on the approval of the superintendent until such student no longer poses such a threat. The Muscogee County School District works with the local health department and the student s health care provider and follows their guidance and recommendation regarding exclusion and re-entry for communicable diseases that are considered a threat to the safety of the school and community. Communicable Illness (For more information, See Board Policy JGCC) If a student has a fever of over degrees, that student should not come to school or to a school function unless/ until he or she has been fever free for 24 hours without the use of fever reducing medications. Students with fever of over or other symptoms of a contagious disease may be asked to go home. 25

31 Pediculosis (Head Lice) (For more information, see Board Policy JGCCA) As of April 2001 Muscogee County School District adopted a NO NIT head lice policy. When head lice are discovered, the principal or his/her designee will immediately notify the parent/guardian and make arrangements for the student to be picked up and treatment initiated. The parent will be given written and verbal instructions on how to treat the condition. Upon return, the parent/ guardian must accompany the student to school and remain with the student for readmission into school. The principal or designee will inspect the student s head for the presence of nits or active lice. The child will not be readmitted if either one is present. If the lice infestation occurs again, or becomes problematic, the principal may request treatment documentation from the student s health care provider or the local health department. This condition requires immediate treatment and should not require more than 2 days maximum absence from school. Tinea Corporis (Ringworm) and Conjunctivitis (Pink Eye) When it is discovered that a student has ringworm or pink eye, the principal should immediately notify the home and request that arrangements be made for the child to be picked up that day and treatment initiated. Both conditions must be verified by the doctor and treated before the child may return to school. Disrupting School Operations A student who has been charged with the unlawful selling of narcotics or other serious violations of the criminal law may be removed from school by the principal upon the approval of the superintendent when it is necessary to protect other students or avoid substantial disruption to school operations. The school must be able to show that the continued presence of the student endangers other students or would substantially disrupt school operations. As soon as the student no longer poses such a threat, he/she shall be reinstated. Administrative Procedures for Suspension and Expulsion Short-Term Suspension In enforcing students suspensions, the principal/assistant principal shall abide by the following rules: (A) (B) Before taking such action, the principal/assistant principal shall make a thorough investigation of the alleged misconduct or other violation, making a written memorandum of the facts developed. The principal/assistant principal shall call the student before him/her and advise the student of the charges of misconduct, or other violations, and that he/she may be suspended for a period not to exceed ten (10) school days. The principal shall explain to the student the evidence known to the school authorities, and permit the student a reasonable opportunity to state his/her version of the facts and present any evidence he/she 26

32 has at that time. Generally speaking, since the hearing will occur almost immediately following the misconduct, it follows that as a general rule, the notice and hearing provided for above should precede removal of the student from the school. Where possible and/or practical, the principal shall call the parents/guardians of the student and ask that they come to school and escort him/her. (C) (D) (E) Within 24 hours after suspension, the principal/assistant principal shall send a letter to the parents of the student advising them in writing of the suspension, and stating briefly the charges upon which the suspension was based. A principal/assistant principal may suspend a student without first affording him/her the notice and hearing provided in section (b) herein, where the student is obviously intoxicated, under the influence of drugs, mentally deranged or where his/her presence otherwise poses a continuing danger disrupting the academic process. In such cases, however, the hearing required by section (b) shall be provided as soon as practicable, usually no later than the next school day. The principal/assistant principal may suspend a student with disabilities for not more than ten (10) school days per year for any violation of school rules. Whether or not a suspension or series of suspensions exceeds ten (10) days, the school district will make decisions through an appropriately constituted IEP committee regarding a behavior intervention plan, functional behavioral assessment and a determination of whether there was or was not a relationship between the student s disability and the behavior. Long-Term Suspension and Expulsion Suspension for a period longer than ten (10) school days and permanent expulsion of a student other than those covered by U.S. Statute shall take place through a tribunal hearing. Student Discipline Tribunal (Georgia Code Section ) Appointment: At the beginning of each school year, the Board of Education shall appoint a Student Discipline Tribunal composed of five (5) School Officials, one of whom shall be the Chief Student Services Officer or his designee, who shall act as Chairman. For students with a disability, the composition of the tribunal and the IEP Committee shall be in compliance with the Individuals with Disabilities Education Act, section 20 U.S.C et. seq. In addition to any proceedings which are authorized in Code Section , local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten (10) school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests. Term: The members of the Tribunal shall serve at the pleasure of the Board of 27

33 Education and any or all members may be replaced at any time by majority vote of the Board of Education. Quorum: Hearings, as hereinafter provided, may be held by a minimum of three (3) members, including the Chairman, who shall have a vote on all issues. Discipline Matters to be heard by the Tribunal Charges: All charges of violations of the policies and rules of the School District governing discipline of students, except those dealt with by the principal under the rules herein set forth, shall be referred to the Tribunal for hearing and determination. Generally, these are violations which may result in long-term suspension or expulsion. However, the panel may offer these results based on the evidence or lack thereof: (1) Return to school with time served; (2) A reduction in time recommended to the alternative school; or (3) That the student is innocent of all charges. All alleged assaults or battery by a student upon a teacher, other school official, or employee must be referred to the Tribunal. Mandatory Charges: Likewise, all alleged assaults or battery by a student on another student and instances of substantial damage intentionally caused by a student on school premises, to personal property belonging to a teacher, other school official, employee or student shall be referred to the Tribunal, if, in the discretion of the principal, such assault, battery, or damage could justify the expulsion or long-term suspension of the student. Filing of Tribunal Referral A tribunal referral specifying the disciplinary infraction shall originate the action of the Tribunal and shall be filed in the Superintendent s office by the principal or his/her designee of the school attended by the student involved. In addition to such a referral by the principal, the teacher, other school official, employee or student who is subjected to an assault or battery, or where property is damaged, as referred to in the preceding paragraph, shall file a complaint with the School Administration and with the Board of Education, and such complaint shall also originate action by the Tribunal. However, failure to file such complaint shall not prevent the Tribunal from taking action as herein provided. Hearing Notice: Reasonable notice of the hearing shall be given all parties, including the parent or guardian of the student either personally or by mail. Such notice shall include a statement of the time, place and nature of the hearing, a short and plain statement of the matters asserted, and a statement as to the right of all parties to present evidence and to be represented by counsel. Evidence: All parties must be afforded an opportunity to present and respond to evidence and to examine and cross examine witnesses on all issues unresolved. Record: A verbatim electronic or a written record of the hearing shall be made available upon request to all parties. 28

34 Decision: The decision of the Tribunal, which may include short or long-term suspension, expulsion for the remainder of the school year, permanent expulsion, probation or assignment to the Alternative School, shall be based solely upon the evidence received. The decision shall be based solely on the record and shall be given to all parties within ten days, excluding weekends and public and legal holidays provided for in Code Section 1-4-1, from the date the local board of education receives the notice of appeal. Such decision shall be final unless appealed. Appeal: Any decision by the Tribunal may be appealed to the Board of Education by filing a written notice of appeal within 20 days from the date the decision is rendered. This right of appeal shall apply to the parents or guardian of the child, the complaining party or principal, the superintendent, or any member of the Board of Education. Review by the Board On Appeal: The Board of Education shall review the record and shall render a decision in writing based solely upon the record. The decision shall be given to all parties within ten (10) days, excluding weekends and public and legal holidays provided for in Code Section1-4-1, from the date the appeal notice is received. The Board may take any action it determines appropriate, including modification of the decision of the Tribunal. Any decision of the Board shall be final, subject to the right of appeal provided in Code Section Reasonable notice of the time and place where the Board shall hear the appeal shall be given. Transcript An electronic or written record of the proceedings shall be made available to all parties. The record shall be preserved as long as the student is in school or until the time of the appeal has passed, whichever is later. Public Meeting and Record Hearings related to student discipline matters, both by the Tribunal and the Board of Education shall be closed to the press and other media, and to the general public. Transcripts shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50 of the Georgia Code. The Board, acting through the Superintendent, shall prepare a written summary of any proceeding hereunder, including a description of the incident and disposition thereon, but not containing the names of any part of the incident, which summary shall be a public record. Waiver of Disciplinary Tribunal Hearing Students / Parents/Guardians may waive their right to a hearing by signing a waiver form to forego the hearing (if the infraction is not a manifestation of the student s disability) and accept the agreed upon consequences. Parents/ guardians who sign a waiver are also waiving their right to an appeal. Reporting Requirements Any school district employee who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school 29

35 function, which act is prohibited by any of the following: (1) Code Section , relating to aggravated assault if a firearm is involved; (2) Code Section , relating to aggravated battery; (3) Chapter 6 of Title 16, relating to sexual offenses; (4) Code Section , relating to carrying a weapon or long gun in an unauthorized location; (5) Code Section , relating to carrying weapons at school functions or on school property or within school safety zones; (6) Code Section , relating to the illegal possession of a handgun by a person under 18 years of age; or (7) Code Section , relating to possession and other activities regarding marijuana and controlled substances, shall immediately report the act and the name of the student to the principal or president of that school or the principal s or president s designee. (a) (b) The principal or designee who receives a report made pursuant to subsection of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof immediately by telephone or otherwise to the appropriate school system superintendent and to the appropriate police authority and district attorney. Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith. Suspension from School Discipline of Students with Disabilities The principal/assistant principal may suspend a student with disabilities for not more than ten (10) school days per year for any violation of school rules. Whether or not a suspension or series of suspensions exceeds ten (10) days, the school district will make decisions through an appropriately constituted IEP committee regarding a behavior intervention plan, functional behavioral assessment and a determination of whether there was or was not a direct relationship between the student s disability and the behavior. Composition of Tribunal and the IEP Committee The composition of the Tribunal and the IEP Committee shall be in compliance with the Individuals with Disabilities Education Act, section 20 U.S.C et seq. Hearing In scheduling and holding any hearing, all rules regarding notice and procedure applicable to Student Discipline Hearings shall apply and be the same for hearings 30

36 hereunder. All rules prescribed for notice of decision, time for determination and notice, right to present and hear evidence, representation by counsel, cross examination of witnesses and other rights prescribed for hearing with all other students shall be preserved for the disabled student and his or her parents, except and so far as there may be a conflict with IDEA and then IDEA and applicable rules and regulations there under shall control and such additional rights as of subscribed therein shall be secured for the disabled student. Decisions There are two basic decisions to be made: (A) (B) If it is determined that there has been such a violation, then an IEP Committee, as constituted under IDEA, shall determine on the record if the violation was a manifestation of the student s disability. If the IEP Committee determines that the behavior was a manifestation of the student s disability, then the determination and any evidence relevant thereto should be used by the IEP Committee for consideration in determining how to best address the disabled student s situation consistent with IDEA. If it is determined that the violation is not a manifestation of the student s disability, then relevant disciplinary procedures applicable to children without disabilities may be applied to the disabled child in the same manner in which they would have applied to children without disabilities, except as otherwise provided in IDEA under 20 U.S.C. 1412, which requires that a free appropriate public education must in some fashion be made available to all children who have been suspended or expelled from school. This determination should be referred to an IEP meeting for determination as to how these services should be rendered consistent with IDEA. The IEP Committee may order a change in placement of a student to an appropriate interim alternative educational setting, another setting, or suspension for not more than ten (10) school days. Appeal (A) (B) Rule Violation: Any party should have the right to appeal any decision of the Tribunal regarding a violation of the School District disciplinary policy to the Board of Education by filing a written notice of appeal within twenty (20) days of the date of the decision, as is set forth for students without disabilities. A review of these appeals will be made by the Board of Education in the same manner or fashion as provided for its review of appeals from students without disabilities. Further, any appeal from the Board of Education s decision is as provided O.C.G.A to the State Board of Education. Determination that behavior was or was not a manifestation of the child s disability: Any party has the right to appeal a determination of the IEP Committee that the child s behavior was or was not a manifestation of the child s disability or with any decision regarding placement with the Director of Program for Exceptional Students. 31

37 Return to School After Long-term Suspension or Expulsion (A) (B) (C) (D) Student (and parent/guardian) must report to the Chief Student Services Officer for a return to school conference. After receiving a school assignment, students (and parent/guardian) must then report to the principal to receive a permit to return to class. The principal shall schedule a conference to be attended by the student, the student s parent/guardian, and the school personnel involved in the case. Failure or refusal on the part of the student s parent/guardian to appear for the scheduled conference may result in the principal making a recommendation to the Superintendent for another period of suspension. Return to School after Being Convicted of a Crime or Having Pled Guilty to an Offense A student who has pled guilty to or been convicted of an offense and has therefore served a sentence in a correction or juvenile detention facility who wishes to return to school is required to report with his/her parents/guardians to the office of the Chief Student Services Officer prior to returning to school. These students may be referred to the Student Discipline Tribunal where their behavior could have or did result in the student being charged with a felony and where that behavior makes the student s presence at school a potential danger to persons or property which disrupts the education process. General Policy Statements Student Attendance Policy (Policy JB) Students shall be in attendance at public schools in accordance with the requirements of the compulsory school attendance law and for the number of full length days prescribed by law. Every parent, guardian or other person residing in the State of Georgia is required to enroll and send children in their care and charge between the ages of six and sixteen to school unless the child is specifically exempt. Children specifically exempt from the requirement of the compulsory school attendance law are those who are mentally or physically incapacitated to perform school duties. Attendance Law Students may be absent from school only fifteen (15) days per school year. High School students may only be absent seven (7) days per school semester. Excused Absences (Policy JBD) (A) Once a student is absent from school or class, a note is to be brought from the parent or guardian stating the reason for the absence. This note is to be brought to the homeroom teacher or advisor within three (3) school days of the last date of absence. 32

38 (B) (C) (D) Children may be temporarily excused from school (1) who are personally ill and whose attendance in school would endanger their health or the health of others; (2) in whose immediate family there is a serious illness or death which would reasonably necessitate absence from school; (3) on special and recognized religious holidays observed by their faith; (4) when mandated by order of governmental agencies (e.g. court order); (5) principal s approval of attendance at school related experiences. Children may be excused from school attendance when prevented from such attendance due to conditions rendering school attendance impossible or hazardous to their health or safety. Children who are at least 12 years of age and are serving as pages of the Georgia General Assembly shall be credited as present by the school in which they are enrolled for days missed from school for this purpose. Excused absences for students to visit with parents preparing to ship out for military duty or on leave from such duty will be granted. A maximum of five (5) excused days per year are permitted at the discretion of the District. (E) (F) Individual students who have emergencies necessitating their absence from school for a portion of the school day must have been present for the majority of the school day in order to be included in the average daily attendance count. When there is cause necessitating an individual student to be excused from school for a portion of the school day, the student shall be released from school only to his parent/guardian, to a person properly identified to school authorities or upon request by letter or telephone from the parents. A student may request makeup work for an excused absence. Makeup work must be arranged within three (3) school days after the last date of absence. Unexcused Absences Unexcused absences are all failures to attend school other than those specifically excused by the administration. Unexcused absences shall include but not be limited to the following: (1) oversleeping; (2) missing the bus; (3) baby-sitting; (4) joining the family for vacation outings; (5) skipping school and cutting classes. Attendance Procedures Students under the age of 16 Step One: Parent receives notification of new attendance law at the beginning of school. Signatures of parents and students are kept at the school for one year. Step Two: Students attendance is recorded daily. Step Three: After three (3) unexcused absences, the school sends a letter to the parent notifying them of the unexcused absences. Students with 3 unexcused absences shall be referred to the school counselor or attendance designee for remediation, a process that may include a conference with the student and/ or their parent, legal guardian, or other person having charge. The student s 33

39 attendance is monitored by the Attendance Team. Step Four: A referral to the School Social Worker is initiated after five (5) unexcused absences. The School Social Worker sends a letter to the parent. In some cases, a Request for Services form may be required to address nonattendance related issues. Step Five: After seven (7) unexcused absences, the School Social Worker may send a letter and/or initiate phone contact with the parent. Conferences may occur with students to discuss absences. Step Six: At nine (9) unexcused absences, The School Social Worker schedules a conference with parent or legal guardian to complete an Attendance Agreement. Step Seven: If the attendance problem is not resolved, the School Social Worker sends a certified letter of intent to pursue legal actions to the parent and/or student. Step Eight: The School Social Worker shall monitor the daily attendance of students declared habitually truant. When the student s unexcused absences increase by at least two (2) or exceed fifteen (15) days, a truancy petition shall be filed in the Court having jurisdiction. Tardy to School Any student arriving at school following the ringing bell, chime, or other audible signal established by the Principal and intended to indicate the start of the school day. Any student who is on school property but is not in his or her assigned classroom or other authorized area following the bell, chime, or other audible signal will be considered tardy to school. Tardy to Class A student is tardy to class when he arrives to class following the ringing bell, chime, or other audible signal indicating the beginning of instructional time. Unexcused Tardies Students accumulating three (3) days of unexcused tardies will receive a phone call from the teacher or office staff/automatic calling system to the parent. Continued Tardies Five (5) referrals to the Principal or the Principal s designee for being tardy requires a mandatory parent conference and counselor referral. Consequences may include detention, in-school suspension, Friday or Saturday school, loss of driving privileges, or other actions in accordance with local school system policy. Ten or More Days Tardy Referral to the School Social Worker and to support agencies outside the school system, as the Principal deems appropriate. Among these agencies is the Department of Family and Children Services (DFCS), law enforcement, Juvenile Court, Family Connection, or other external agencies. Credit for Classes The school year is equivalent of 180 days. A student in any Muscogee County school who misses more than 15 days in any class shall not receive credit. In classes that meet for 90 days, a student who misses more than seven (7) days shall not receive credit. 34

40 The parent or guardian may appeal a decision to withhold credit for an individual student based on excessive absences. Appeals must be made to the Principal in writing within two (2) weeks on the basis of hardship, extenuating circumstances or other extreme emergencies. If the appeal is denied by the Principal, a request in writing may be sent to the Superintendent or his/her designated assistant within five (5) school days for an informal review and hearing. Attendance Protocol for Students 16 years of age and older Step One: Parent receives notification of new attendance law at the beginning of school. Signatures of parents and students are kept at the school for one year. Step Two: After three (3) unexcused, excused and/or Out of School Suspension (OSS) absences, the school sends a letter to the parent notifying them of the absences. Step Three: A referral to the School Social Worker is initiated after five (5) unexcused, excused, and/or OSS absences. The School Social Worker sends a letter to the parent and requests a parent conference. An Attendance Agreement is initiated at this conference. Step Four: At seven (7) absences, the student/parent will confer with the Principal or Assistant Principal regarding potential consequences. Potential consequences for excessive unexcused, excused, and/or OSS absences for students 16 years or older include: Loss of credit (Students are allowed 7 absences per semester) Students instruction permit (learner s permit) or driver s license may be suspended Students may be withdrawn after being absent from school for 10 consecutive unexcused days Withdrawal Procedures for Students 16 years of age and older, where students have accrued 10 or more consecutive days of unexcused absences (State Board of Education Rule ) School administrators shall document a minimum of three (3) attempts to contact a parent, guardian, or other person for the purpose of holding an attendance withdrawal conference prior to withdrawing a student, where the withdrawal is based on a 16 or older student having accrued 10 or more unexcused absences. MCSD procedure requires that where a parent or guardian seeks to withdraw his or her child from school, the parent or guardian must fill out a written withdrawal form; where the students being withdrawn is over 16, parents/ guardians seeking to withdraw are also asked to confer with the school s principal prior to withdrawing the student. If a student is an unemancipated minor who is older than the age of mandatory attendance (a) and who has not completed all requirements for a high school diploma who wishes to withdraw from school, the student must have: (1) the written permission of his or her parent, legal guardian or other 35

41 person and (2) a conference with the principal or his/her designee within two school days of receiving notice of the intent of the child to withdraw. This may be accomplished by an individual or team containing one or more of the following members: (a) the principal (or designee) or (b) a counselor, academic advisor, or graduation coach. Teenage and Adult Driver Responsibility Act (TAADRA) The local school district central office is required by this law to report information regarding non-compliance to the Department of Motor Vehicle Safety (DMVS). A non-compliant student is one who: (A) (B) (C) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; or Has more than ten school days of unexcused absences in any semester or combination of two consecutive quarters; or Has been suspended from school for any of the following: Threatening, striking, or causing bodily harm to a teacher or other school personnel Possession or sale of drugs or alcohol on school property Possession or use of a weapon on school property (Code Section ) Any sexual offense prohibited under Chapter 6 of Title 16 Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student (O.C.G.A a.1 (D) (E) (F) Department of Administrative Services will make the consolidated information available to the DMVS. DMVS will notify the licensee (student) by certified mail, return receipt requested, that a Certificate of Non-Compliance has been received, and that his or her instruction permit or driver s license is suspended. Upon receiving the Certificate of Non-Compliance, the minor may request in writing a hearing within ten (10) business days from the date of receipt. Within 30 days after receiving a written request for a hearing the DMVS shall hold a hearing as provided for in Chapter 13 of Title 50, the Georgia Administrative Procurement Act. DMVS shall sustain its order of suspension or rescind such order. DMVS is authorized to grant an exemption from the provisions upon such minor s petition, if there is clear and convincing evidence that the enforcement of the provisions upon such minor would create an undue hardship upon the minor or the minor s family or if there is clear and convincing evidence that the enforcement of the provisions would act as a detriment to the health or welfare of the minor. If no hearing is requested within the ten (10) business days specified above, the right to a hearing shall have been waived and the instruction permit or driver s license of the minor shall remain suspended. The license or permit for any student 15 through 17 years old whose driver s license or permit has been revoked or not issued can be reinstated. 36

42 The conditions for reinstatement are the suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor s eighteenth birthday, whichever comes first (O.C.G.A a.1). Also, the minor receives a (GED) General Education Diploma, high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a post-secondary school, whichever comes first. (G) The student will be responsible for mailing or delivering the reinstatement information to the DMVS at one of the ten regional reinstatement centers (located in Albany, Atlanta, Augusta, Columbus, Dalton, Dublin, Gainesville, Macon, Savannah, and Waycross). The Certificate of Re- Enrollment/Reinstatement will be used for this purpose. Public schools, private schools, and home schools will complete and notarize this form. Homebound Instruction In cases of prolonged absences (10 or more consecutive days) due to illness or injury, the parent or guardian should seek assistance from the Principal or designee for homebound instruction. The school will provide the parent with a Hospital/Homebound Referral Form to be completed and signed by a physician indicating that the student is unable to attend school. The form is returned to the school and then submitted to Student Services or the parent/guardian may bring the completed form to the Muscogee County Public Education Center. Early Release Policy Objectives The Muscogee County Board of Education believes that an Early Educational Release Program can provide students with experiences that will enable them to learn: (A) (B) The knowledge gained in the classroom can be applied to ongoing experiences in the work-a-day world. That basic life skills will be developed which will enable the student to make advantageous entry into the world of work upon graduation. Definitions Early Release shall mean granting official permission to a student who is not in an approved educational release program to leave school after at least four hours of instruction. Approved Educational Release Program shall mean those work-study programs sanctioned by the State Department of Education and the Muscogee County Board of Education. Student(s) shall mean anyone enrolled in grades 11 and 12 only. 37

43 Regulations (A) Parental consent in written form is required from parent/guardians of students involved in an early release program. (B) All requests for early work release must be made to the Principal or designee. (C) (D) (E) (F) (G) Early work release for students not enrolled in approved programs may be granted to those who present clear and convincing evidence of a financial hardship. Such financial hardship must be of a nature that would seriously affect the student s ability to attend school. Students involved in early work release will not be required to maintain a specific grade average for participation. The Principal or designee must review and evaluate annually all requests for participation in the early release program. Principals are directed to keep records on all students who qualify for an early release program. They must make certain that those students who qualify are enrolled. In the event of disagreement between or among all parties regarding approval or denial of early work release, the Principal shall submit a report of the situation to the Chief of Academic Officer who will make a determination and issue a decision. Alternative Education The Rose Hill Center/Daniel Alternative Center Target Population Students in grades 3 12 who are disruptive behavior problems or have violated school policies. Objective Provide the intervention and support services to help students change negative behavior and/or attitudes, learn to resolve conflict appropriately, and help students develop life skills (social and academic) to reenter the regular school program or another alternative program, have success, and graduate. Notification of Rights for Elementary and Secondary Schools The Family Educational Rights and Privacy Act (FERPA) afford parents and students over 18 years of age (eligible students) certain rights with respect to the student s education records. These rights are: (A) The right to inspect and review the student s education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the Principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records 38

44 may be inspected. (B) (C) The right to request the amendment of the student s education records that the parent or eligible student believes is inaccurate or misleading. Parents or eligible students may ask the school to amend a record that they believe is inaccurate or misleading. They should write the Principal (or appropriate official), clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. The right to consent to disclosures of personally identifiable information contained in the student s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. Note: FERPA requires a school district to make a reasonable attempt to notify the parent or eligible student of the records request unless it states in its annual notification that it intends to forward records on request. (D) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: 39

45 Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC (E) Notice for Directory Information FERPA, a Federal law, requires that Muscogee County School District with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child s education records. However, MCSD may disclose appropriately designated directory information without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the MCSD to include this type of information from your child s education records in certain school publications. Examples include: A playbill, showing your student s role in a drama production The annual yearbook Honor roll or other recognition lists Graduation programs Sports activity sheets, such as for wrestling, showing weight and height of team members; also, Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories names, addresses and telephone listings unless parents have advised the LEA that they do not want their student s information disclosed without their prior written consent. If you do not want MCSD to disclose directory information from your child s education records without your prior written consent, you must notify the District in writing within thirty (30) days after enrollment in school. MCSD has designated the following information as directory information: Student s name Participation in officially recognized activities and sports Address Telephone listing Weight and height of members of athletic teams Electronic mail address Photograph Degrees, honors, and awards received Date and place of birth Major field of study Dates of attendance Grade level The most recent educational agency or institution attended 40

46 Media Release From time to time students may be photographed, video taped, or interviewed by the news media at school or some school activity or event; or may be photographed, video taped or interviewed in the production of educational or promotional material for use by MCSD. If you, as a parent/guardian, object to your student being photographed, video taped, or interviewed, you must notify the Principal (in writing) within 30 days after the student s date of enrollment. Persistently Dangerous Schools Major offenses including, but not limited to, drug and weapon offenses can lead to schools being named an unsafe school according to the provisions of SBOE Rule Unsafe School Choice Option. The parent will be notified in writing if his/her student is attending/assigned to a school designated as persistently dangerous by the State Department of Education. An application for transfer must be completed by the parent/guardian. Upon completion, the student assignment staff will make the assignment to a different school. No MCSD schools are identified as persistently dangerous schools. Student Checkout Parents may not check students out of school thirty (30) minutes prior to the end of the school day due to traffic congestion. SCHOOLS CLASSES BEGIN Elementary (Pre-K - 5) High (9-12) Middle (6-8) CLASSES END LENGTH OF SCHOOL DAY 8:00 2:30 6 hrs., 30 min. 8:25 3:25 7 hrs. 9:00 4:05 7 hrs., 5 min. Guidelines for Personnel Who Work With Athletic Activities The GHSA By-Laws regarding recruiting state: 1.71 Recruiting and Undue Influence is defined as the use of influence by any person connected directly or indirectly with a GHSA school to induce a student of any age to transfer from one school to another, or to enter the ninth grade at a member school for athletic or literary competition purposes, whether or not the school presently attended by the student is a member of the GHSA. (A) The use of undue influence to secure OR retain a student for competitive purposes is prohibited, and shall lead to penalties being assessed against either school. NOTE: This violation may cause the student to forfeit eligibility for one year from the date of enrollment. 41

47 (B) (C) Evidence of undue influence includes, but is not limited to, personal contact by coaches and sponsors in an attempt to persuade transfer, gifts of money, jobs, supplies, clothing, free transportation, admission to contests, invitation to attend practices and/or games, or free tuition. Complaints or reports of violations of this rule will be investigated and handled on a case-by-case basis. If coaches are found to be in violation of the recruiting rule, a copy of the investigation will be forwarded to the Professional Standards Commission of the Department of Education A student athlete transferring from one member school to another shall be ruled ineligible for one year because of undue influence if it is proven that: (A) (B) (C) The coach of the receiving school coached an out-of-school team on which the athlete played prior to the transfer; OR The coach at the receiving school acted as a private athletic instructor for the transferring athlete, regardless of whether the coach was paid for his services and/or expertise Articles (a) and (b) shall be enforced even in the event the student made a bona fide move into the receiving school s service area. McKinney-Vento Homeless Assistance Act (Policy JBC(1) The definition of a homeless/transitional student is an individual who lack[s] a fixed, regular, and adequate nighttime residence; and includes sharing the housing of other persons or living in emergency or transitional shelters. Homeless/transitional student shall have equal access to the same education as other students. Muscogee County School District assignments are made based on the best interest of the student. The student is to be immediately enrolled even if medical, academic and residence records are not available. The notice of the educational rights of homeless/transitional students is disseminated in schools, shelters, community agencies and the parent or guardian is fully informed of all services provided. Unaccompanied youth (emancipated) includes youth in a homeless situation who are not in the physical custody of a parent or guardian Repeal Clause All policies or parts of policies in conflict with the Behavior Code and Discipline Policy are hereby repealed or amended upon adoption of said code by the Muscogee County Board of Education. 42

48 Frequently Used Phone Numbers Bully Hotline Central Registration Elementary Education Guidance Services Human Resources Secondary Education Programs for Exceptional Students Student Services Switchboard Title I (Kimberly Jones) Title IIA (Elisa Nave) Title VI (Melvin F. Blackwell) Title IX (Melvin F. Blackwell) Transportation Coordinator (Karyn Leggett)

49 Behavior Contract Student Parent School Administrators, please have each student review the Muscogee County School District Behavior Code and Discipline Policy Handbook, sign, and return this form to be maintained by the school. Students, please place your initials by each statement and sign at the bottom. Parents, please review the statements with your child and sign. Your signature indicates that you and your child/ren have read, reviewed, and understand the School District Behavior Code and Discipline Policy and all School Board policies contained therein. Board policies are available at I have received, read, and understand the Muscogee County School District Behavior Code and Discipline Policy Handbook. I will not disrupt or interfere with the day-to-day operations of the school. I will not damage or attempt to cause damage to school property. I will not bully others or verbally or physically harm any student, or employee. I will not have a weapon or anything that could be considered a weapon on school property, on the school bus, on the way to school, or at a school function or event. I will not sell, possess, or be under the influence of alcohol, tobacco products, or illegal substances while on school property, on the way to school, or at a school function or event. I will comply with all directions and commands given by any authorized school personnel. I will take pride in my appearance by maintaining the MCSD dress code. I will attend all classes and not leave the school without permission. I will not demonstrate gang signs, nor will I draw or wear gang insignia. While at school or any school function, I will not participate in any inappropriate sexual behavior verbally, written, or physically. Student Signature Date Parent Signature Date 44

50 SENATE BILL 413 Students between the ages of 16 and 18 (un-emancipated minors) must have parental permission to withdraw from school prior to earning a diploma. The principal must convene a conference with the parent of child within two (2) days of receiving notice of intent to withdraw HOUSE Bill 984 Excused absences for students to visit with parents preparing to ship out for military duty or on leave from such duty will be granted. Five (5) excused days per year are permitted. FERPA (Family Educational Rights and Privacy Act) Gives students access to their education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records Special Education Child Find What is Child Find? "Child find" refers to the process of locating, identifying, and evaluating children with disabilities to ensure that they receive services to which they are entitled. Children and youth, age birth to 21, living in the Muscogee County School District, who are suspected of having a disability, may be referred for a possible evaluation to determine if they are eligible for special education services. Who to Contact for more information? Preschool children: If you are aware of a preschooler, from 3 through 5 years old, who has or may have a developmental disability, please call the STEPS program at the 30 th Avenue Preschool at School age children and youth: If you have a child who is already enrolled in a Muscogee County school and may be in need of special education services, please contact the school and express your concern to your child's teacher or to the school administrator. If you have additional questions or concerns, please contact the Program for Exceptional Students at (706) Transfer students: If a child is transferring into the Muscogee County School System and has received special education services in another district, please visit the Program for Exceptional Students in the Muscogee County Public Education Center at 2960 Macon Road, Columbus, GA or call the Program for Exceptional Students at (706) for additional information. 45

51 Parent & Student Notification Agreement The Compulsory Attendance Law O.C.G.A continues to be in effect for the current academic year, which pertains to every school district in Georgia. The Compulsory Attendance Law states children between their sixth and sixteenth birthday shall enroll and attend a public school, a private school, or a home study program. If a child is under 6 years of age and has attended more than 20 days in a public school, he/she is then subject to this law. The law also provides penalties for parent(s), guardian(s), or other person residing in Georgia who are in violation of O. C. G. A ; which are imposed at the discretion of the court having jurisdiction. Each day s violation of this law, after the School District has notified the parent, guardian, or other person in charge of a child having five unexcused absences from school, shall constitute a separate offense subjecting the person notified to the following measures: 1. Fine of not less than $25 and not greater than $ Imprisonment not to exceed 30 days 3. Community service 4. Any combination of the above penalties Elementary and middle school students may only miss 15 days per year before possible retention. High school students m ay miss only s e ven (7) days per semester to prevent loss of credits. Parents are required to provide proof of excused absences within three days after the absence occurred. Handwritten notes from parent(s), a doctor s excuse, or a copy of a court order are a few examples of acceptable proof of absences. Schools may require additional verification for those students who have established a pattern of excessive absences. The Muscogee County School District is required to obtain s i g n a t u r e s f r o m parents and students (who are ten years-old by September 1) as acknowledgment of receipt of the Parent & Student Notification Agreement and of the possible consequences due to noncompliance. Thank you for your cooperation in acknowledging receipt of this agreement and the consequences in the event of any violation of the C o m p u l s o r y Attendance Law. Please return this to your school s administration. School: Date: Parent/Guardian Signature: Student s Signature Student s Age as of September 1, (2013): 46

52 PARENT AND STUDENT NOTIFICATION BAD CHECKS The Muscogee County School District has a contract with CHECKredi to collect checks that are returned unpaid. In the event a check is returned marked Account Closed, Fraudulent, Stop Payment, or NSF Item, CHECKredi will contact the check writer and make arrangements for recovery of the funds in addition to a $35.00 fee. For additional information, call CHECKredi at (877) or visit the CHECKredi website at School: Parent/Guardian Signature: Student Signature: Date: 47

53 STANDARDS FOR ACCEPTABLE USE & SUPPORT OF THE MCSD NETWORK, INTERNET, AND INTRANET AND THE MCSD ACCEPTABLE USE POLICY (AUP) FORM Muscogee County School District has put security measures in place, users should understand the district cannot guarantee that every bad website or inappropriate content will be blocked from student access. The district does not guarantee that all students will have access to computers, the Internet, or files stored on its servers 100% of the time. Muscogee County School District uses a web-based program called My Big Campus (MBC), a service that permits students to participate in an on-line learning environment in a format with which they are already familiar. Use of this program ties directly to district curriculum goals that include teaching Internet safety and digital citizenship. Since MBC is provided through the school district s Internet content filtering service, all content is monitored for anything that is inappropriate, objectionable, and/or harmful to children. This filter is in place wherever MBC is accessed; at home or at school. All activity is closely monitored by teachers and administrators. Students are expected to adhere to the attached Acceptable Use Policy (AUP) for the district s computer network and the Internet. The following district technology and Internet Acceptable Use Policy (AUP) has been updated to reflect the new on-line collaboration tools made available through My Big Campus. Terms and Conditions of the MCSD Acceptable Use Policy (AUP) I. Personal Responsibility and Safety. I know that school computers and Internet communication tools must be used properly and with respect: A. I understand that using the school s computers and accessing the Internet is a privilege that is earned. B. I understand that all the rules described in my school s discipline policy and this AUP apply when I am using computers at school and whenever I m using My Big Campus, even from home. C. I understand that I must access the computer with my MCSD user name and password and will not share that with anyone except my parents, teachers, or administrators. Any other sharing of passwords is a violation of the AUP. D. I will immediately stop and tell the teacher or adult in charge if anything happens on the computer or on the Internet that does not seem right or makes me feel uncomfortable (inappropriate, offensive, illegal, any act of bullying or action that violates the AUP). E. If I find something that is not appropriate on the Internet, I will leave it right away and tell a teacher or adult. F. I will not show other students inappropriate content. G. I will report any misuse of the computer or the network to a teacher or principal. H. I will take care of the computer and all technology equipment as if it belonged to me. I. I understand that the district keeps a record of everything that is done on the computers and that things done on the Internet can 48

54 be traced back to the person who did it. II. Inappropriate Uses. I understand that school computers should be used for educational purposes and learning: A. I will only use school computers for classroom work assigned by the teacher. B. I will not damage the computer nor load any viruses or spyware onto the computer or network. I understand this would be considered a form of vandalism. C. I will not attempt to bypass security measures on the district network. D. I will not log into the computer or network with someone else s username and password. E. I understand only the MCSD approved vendor may perform repairs, in accordance with Property and Risk Management protocol. III. Digital Citizenship. I will treat people with respect when using the computer and accessing the Internet: A. I will not threaten, insult, gossip, tease, or treat others with cruelty while I am online or using a computer. I understand this type of behavior is a form of bullying and will not be tolerated and will be punished and result in the loss of privileges. B. I will respect other students work on the computer. I will not copy, change, or remove another student s work from the computer, the school network, the Internet or My Big Campus. C. I will tell a teacher or administrator whenever I encounter anything on the Internet (including My Big Campus) that I think may be inappropriate or a violation of school policies. I will do this in person or by flagging the questionable material in My Big Campus, which will immediately notify the teacher. D. I will not copy information and use it as if it were my own without giving credit to the author and/or source. I know that failure to properly cite my sources of information is considered plagiarism, a form of cheating, and, in some instances, also a violation of copyright laws. IV. Online Behavior: I will follow these guidelines when using My Big Campus and the Internet, to include electronic mail ( ): A. I understand that things I post on My Big Campus may be seen by everyone at school and at home, and things that are posted on the Internet can be seen by everyone in the world. B. I will not share personal information (either my own nor another student s) including: references to where I live, details about family or friends (including names), my age, birthday, home address, or telephone number, on My Big Campus or on the Internet. C. I understand that once information has been posted online it cannot be completely taken back. Even if a post is deleted, there could be older 49

55 versions that were automatically saved that can be viewed, copied and disseminated. D. I will consider whom I am communicating with and think about how they might interpret my words. E. I will give constructive criticism and comments in order to help people and not humiliate or offend them. F. I will use respectful and appropriate language without swearing, name calling, or causing others to feel uncomfortable due to their gender, race, appearance, behavior, or beliefs (These are actions that could be considered harassment or bullying). G. I understand that authorities have ways of tracking anything that is posted on the Internet back to the computer or person that posted it even if the person never uses their own name or leaves any personal information. I understand that anything I post on the Internet could eventually be linked to me. H. I will only post information that I can verify is true and I will not spread gossip about other students. I. I will make sure my comments and discussion responses are related to the purpose of the original post and directed toward the author. J. I will not impersonate others nor try to trick people into thinking what I wrote was done by someone else. I understand that this could be a form of bullying and harassment. K. I will ask my teacher for clarification whenever I am in doubt about any of the rules or guidelines. V. Data Storage. I will always be prepared for the possibility that computers or access to the network may not function on any given day, and that files on the district s servers may become corrupted or lost. I will be responsible for backing up my own files on my own media, as the district does not store backups of the student files on its servers. VI. Privileges. I understand that using the computer network is a privilege I must earn and maintain. It is not a right. If I don t use the computer properly or treat others respectfully online, I will lose that privilege and face disciplinary actions and my parents will be notified. Sanctions for Misuse Use of the Internet is contingent upon compliance with state and federal laws, district regulations, and the user responsibilities outlined in this document. Violations may result in a loss of some or all privileges. Specific disciplinary actions involving student misuse will be determined at the school level in accordance with Board of Education Policies and the Muscogee County School District Behavior Code. Acceptable Use Policy Each student user of the Network or Internet must have a signed Acceptable Use Policy form on file in the specified location at the school or building. Local Modifications All locally developed modifications to this Acceptable Use Policy for the Network or Internet must be consistent with Board of Education Policies and the Muscogee County School District Behavior Code and Discipline Policy. 50

56 Parents Right To Know Parents may request the following information about his/her student s teacher: Whether the teacher has met Georgia qualifications as licensing criteria for the grade level and subject matter he/she teaches. Whether the teacher is teaching under emergency or other provisional status through which Georgia requirements have been waived. The teacher s college major, whether the teacher has an advanced degree, and, if so, the subject of the degree. Whether any teachers aides or similar paraprofessionals provide services to the child and, if so, their qualifications. Point of contact: Ms. Kimberly Jones, Director of Title I (706) or Ms. Elisa Nave, Title IIA Specialist (706) * School: Parent/Guardian Signature: Date: Attention Principals: Federal regulations require the collection of this document from each of your parents. Please send them to Elisa Nave/ Title IIA Muscogee Public Education Center. 51