TABLE OF CONTENTS Page

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1 CODE OF STUDENT CONDUCT Grades

2 TABLE OF CONTENTS Page Preface 5 Responsibilities.. 6 Standards of Student Conduct Code of Student Conduct 1. Attendance Chemical Abuse Tobacco Products Vandalism Dangerous Objects, Firearms, Explosives, Arson Disruptive Behavior Fighting/Assault/Threats Integrity Conduct Going To and Returning from School Published Rules and Regulations Sexual Harassment Acceptable Use of Technology and the Internet. 34 Definitions Parental Responsibility Requirements 42 Removal of Disruptive Students from Class by Teacher Discipline of Students with Disabilities 46 Laws Governing Prosecution of Juveniles as Adults 47 Disposal of Student Records 50 Homeless Education Rights.. 51 Summary Consent Form Frequently Asked Questions-Discipline Proceedings

3 Vision: Henry County Public Schools where critical thinking is expected, creativity is nurtured, technology and innovation are embraced, and learning is celebrated. Mission: Henry County Public Schools, a high-performing school division, provides all students with an exemplary education in a safe, supportive environment that promotes selfdiscipline, motivation, and excellence. Safe and Orderly Schools: Henry County Public Schools students will be healthy, responsible, and engaged in positive relationships. 2

4 HENRY COUNTY SCHOOL BOARD Mrs. Kathy H. Rogers, Chairperson Dr. Joseph A. Joe DeVault, Vice Chairperson Mr. Rudy J. Law Mrs. Terri C. Flanagan Ms. Betsy S. Mattox Mr. Curtis R. Millner, Sr. Mr. Francis E. Zehr Division Leadership Dr. Jared A. Cotton Superintendent of Schools Mr. DeWitt House Assistant Superintendent- Instruction Mrs. Linda Dorr Assistant Superintendent- Administration and Human Resources Mrs. Amy V. Scott Coordinator of Student Services 3

5 Superintendent's Message August 2012 Dear Students and Parents, The School Board, faculty, staff and administrators of Henry County Public Schools work hard to ensure a safe, secure, disruption-free, yet educationally challenging and relevant environment for all students. Expectations for student behavior are high in every school. The Code of Student Conduct is revised annually for consistency with state and federal laws and to address issues the School Board feels are critical to providing a safe and quality educational environment. Included are the rules for Student Conduct on School Buses that you need to review with your child even if he or she does not ride a bus to or from school because the same rules apply for field trips, athletic contest trips and other school approved activities. Also included is the Acceptable Use of Technology and Internet policy for you to review with your child and sign acknowledgement for use of school-based technology. I encourage every parent to pay very close attention to your child's use of computers, cell phones and other electronic devices as they can present a real danger to student safety. The Code of Student Conduct is reviewed with students at the beginning of the school year. In addition, I urge each parent to read and review this material with your child to ensure that expectations are understood and a consistent message related to school behavior is communicated. Not knowing the rules of conduct and behavior for Henry County Public Schools is not a defense if your child actually violates any item covered in the Code of Student Conduct. To document your receipt and understanding of the contents of this booklet, an acknowledgement notice is located at the back. You are asked to sign and return this document to your child's school as directed at the start of the school year or shortly after enrolling in the school system. I am proud of the positive behavior and many accomplishments of the overwhelming majority of our students. If you have any questions or comments about the Code of Student Conduct, please call the principal of your child's school. By forming and participating in a partnership composed of students, parents, teachers, and administrators, we can continue to ensure safe and productive schools for all of our students. Additionally, if we work cooperatively to establish high standards of behavior in Henry County, the lessons students learn will serve them well and help strengthen the social conscience of our nation. Sincerely, Jared A. Cotton, Ed.D Division Superintendent 4

6 PREFACE As parents and citizens of Henry County, you are encouraged to review the Code of Student Conduct with your children and give your support to the Henry County Public Schools in our efforts to promote high quality instruction in an atmosphere conducive to learning. The behavioral expectations outlined in this booklet are the official standard for our school division. To establish a standard of student behavior, each school principal is required to refer to the office of the superintendent for expulsion, any student who: 1) is in possession of a firearm, weapon, or dangerous article; 2) assaults a staff member; 3) distributes, possesses, and/or is under the influence of dangerous or illegal drugs or alcohol, or; 4) endangers the safety of the school community and/or any of its members (including, but not limited to, sexual assault, arson, bomb threats) or 5) becomes a habitual offender of any component of the Code of Student Conduct Behavior that detracts from one student s ability to profit from instruction or that infringes on the rights of others warrants disciplinary action. The intent of disciplinary action should be to bring about positive change in the student s behavior. Just as academic instruction should be individualized, discipline should function with guidelines that are broad enough to allow for student differences, extenuating circumstances, and teacher resources. In compliance with the federal Improving America s Schools Act of 1994 and relevant state Code, the school board shall expel from school attendance for a period of not less than one year (365 days) any student whom the school board has determined to have brought a firearm or drugs onto school property or to a school-sponsored activity. For the purposes of mandatory expulsion, school property means any owned or leased real property or vehicle or any vehicle operated by or on behalf of the school board. The school board may, however, determine, based on the facts of the particular case that special circumstances exist and another disciplinary action or term of expulsion is appropriate. Regarding students with disabilities, nothing in the Code of Student Conduct or in Disciplinary proceedings will deny students rights to services pursuant to IDEA. 5

7 RESPONSIBILITIES This Code of Student Conduct has been established for the Henry County Public Schools. The School Board, acting through the Superintendent, holds all school employees responsible for ensuring appropriate student behavior, while students are legally under the supervision of the schools. The School Board holds all students responsible for appropriate conduct as defined in the Henry County Schools Code of Student Conduct. Policies and references within the Code of Student Conduct can be found in the Henry County Schools Policy Manual and are consistent with Virginia School Laws. School records related to disciplinary action resulting from violation of school board rules or policies on school property or at school-sponsored events shall be included in the student s scholastic record. Whenever a pupil transfers from this school division to another, the scholastic record (or copy), including disciplinary records, shall be transferred to that school division upon request from the receiving school division. Permission of the parent, guardian, or other persons having control or charge of the student shall not be required for transfer of the scholastic record. A copy of the Henry County Public Schools written policy and procedure on the management of the education records and their location is available upon request. Upon recommendation of the Superintendent, the School Board of Henry County may require a student to attend an alternative education program. This may include, but is not limited to, a student who has been: (a.) charged with an offense relating to state law or a violation of school board policies on weapons, alcohol or drugs, or intentional injury; (b.) found guilty or not innocent of a crime which resulted in, or could have resulted in, injury to others, or of a crime for which the disposition ordered by the court is required to be disclosed to the Superintendent; (c.) expelled; or (d.) chronically disruptive to the regular school program. The school board may require a student to attend an alternative program regardless of where a crime occurred. Educational Team The school principal is responsible for facilitating the development of a local school handbook consistent with the Code of Student Conduct. Administrators, teachers and support personnel work together to ensure the rights of each student in the school system. The educational team is responsible for: a. Facilitating regular school attendance. b. Providing an orderly school environment, a favorable psychological environment for learning and an atmosphere of mutual respect. c. Reporting to the local law-enforcement agency any act that may constitute a criminal offense. d. Maintaining open and proactive communication with parents, including notice to parent of any student involved in an incident regardless of whether disciplinary action is taken. e. Formulating and implementing school rules and regulations in compliance with the Code of Student Conduct throughout the school setting. 6

8 f. Disseminating and discussing the local school handbook and the Code of Student Conduct at the beginning of each school year to all students and providing both documents and explanations to each new student upon registration throughout the school year. g. Developing a discipline plan of action may require a student to participate in prevention and intervention activities. (The plan is based on the needs of the student and the school environment as a whole). Parents/Guardian(s) It is the duty of parent(s)/guardian(s) to: a. Enroll their child into the school zoned for the child s residence. b. Assist their child(ren) to accept responsibility for learning and for conduct that does not infringe upon the rights of others. c. Provide, upon registration, a sworn statement of affirmation indicating whether the student has been expelled from school attendance at a private school or public school division for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. d. Ensure that their child is appropriately dressed for school as determined by the dress code, which is developed cooperatively at local schools by students, parent(s)/guardian(s), and school staff. e. Provide such books, materials, instruments, uniforms and equipment as are required for effective participation in the school program. f. Provide emergency information to ensure that the school will have immediate contact with parent(s)/guardian(s) in case of an emergency. g. Provide the student s birth certificate, social security number, physical examination, street address, and record of the completed series of immunizations, as required by the Code of Virginia. h. Facilitate regular school attendance. i. Comply with applicable state law regarding parental responsibility and involvement requirements. j. Sign and return the Verification Form found in this Code of Student Conduct. 7

9 Students Students are responsible for: a. Appropriate conduct in compliance with the Code of Student Conduct, Athletic Regulations, other Henry County School Board Policies, local school regulations and applicable state and federal laws. b. Accepting responsibility for learning, developing adequate study habits, and completing class assignments and/or requirements. c. Regular school attendance. d. Contributing to a climate of acceptance and mutual respect within each school. e. Maintaining an atmosphere in which learning and extracurricular activities can take place for the growth and pleasure of everyone involved. f. Care and wise use of school supplies. g. Understanding that the use of illicit drugs and the unlawful possession and use of alcohol is illegal and harmful. h. Knowing that the possession of firearms, explosives and dangerous objects is unlawful. i. Reimbursement to the Henry County School Board for any actual breakage or destruction of property owned by or under the control of the School Board. j. Participating in prevention and intervention activities as a consequence of violating the standards of student conduct as determined by school administrators. No suspended student shall be admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student s behavior, unless the school principal or his designee determines that readmission, without parent conference, is appropriate for the student. Both of a student s parents are responsible for their child s conduct if they have joint legal and physical custody. If the parent fails to comply with this requirement, the School Board may ask the Juvenile and Domestic Relations Court to proceed against the parent in accordance with the requirements of the Code of Virginia. This Code of Student Conduct applies to any student in the attending Henry County Public Schools. It is enforced when he/she is on school property, while traveling to school or from school, at bus stops, in School Board vehicles, or in attendance at school or at any schoolsponsored activity. It also is enforced when the student s conduct interferes with or obstructs the orderly operation of the school system or the safety or welfare of students or employees. Students who observe or are subjected to behaviors as described in this Code are expected to report such incidences to their school administration. 8

10 Unlawful acts which will lead to police notification and may lead to suspension from classes, exclusion from activities, assignment to an alternative program, or expulsion include but are not limited to: - possession or use of alcohol, illegal drugs, or drug paraphernalia - selling drugs - assault/battery - sexual assault - arson - intentional injury (bullying, fighting) - theft - bomb threats, including false threats, against school personnel or school property - use or possession of explosives - possession of weapons or firearms - extortion, blackmail, or coercion - driving without a license on school property - homicide - burglary - sex offenses / possession/distribution of pornographic material - malicious mischief - shooting - any illegal conduct involving firebombs, explosive or incendiary devices or materials, hoax explosive devices or chemical bombs, stabbing, cutting or wounding - unlawful interference with school authorities, including threats - unlawful intimidation of school authorities - unlawful internet use - other unlawful acts including being an accessory to any of these or other unlawful acts. - any behaviors that disrupt the orderly operations of the school Further, any student who has been found to be in possession of or under the influence of drugs or alcohol on school property or at a school sponsored activity may be required to (1) undergo evaluation for drug or alcohol abuse and (2) participate in a drug and/or alcohol treatment program if recommended by the evaluator and if the parent consents. 9

11 STANDARDS OF STUDENT CONDUCT The following are standards of student conduct established by the School Board for all students under its jurisdiction. Consequences shall be determined on the basis of the facts presented in each instance of misconduct in the reasonable discretion of the Board, its designated committees and other appropriate school officials. 1. Student Dress A student s dress and appearance shall not be such that it causes disruption, distracts others from the educational process or creates a health or safety problem. Students must comply with specific building dress regulations and of which students will be given prior notice. 2. Unexcused Absence or Tardiness Students shall not be absent from or report late to class or school without appropriate parental permission, school permission or an otherwise valid excuse. Parents of students with 5 or more unexcused absences from school may be subject to signing an attendance contract. Students with 6 or more unexcused absences will be referred to the court system for violation of compulsory attendance. If a student who is under 18 years of age has 10 or more unexcused absences from school on consecutive school days, the principal may notify the juvenile and domestic relations court, which may take action to suspend the student s driver s license. 3. Disruptive Conduct Students shall not engage in conduct that is or is intended to be disruptive of any school activity, function or process of the school or that is dangerous to the health or safety of students or others. 4. Profane, Obscene or Abusive Language Students shall not use language, gesture, or engage in conduct that is vulgar, profane, obscene or disrupts the teaching and learning environment. 5. Threats or Intimidation Students shall not make any verbal, written, or physical threat of bodily injury or use of force directed toward another person for the purpose of extortion or for any other reason. 6. Assault and Battery A student shall not assault or commit battery upon another person. Voluntary fighting resulting in physical injury to another person shall be considered assault and battery. 10

12 Physical Assault includes any physical confrontation that may result in no injury, minor injury, or serious injury that includes, but may not be limited to, kicking, shoving, pushing, hitting, and fighting. Battery is the unlawful application of force to the person of another. 7. Bullying A student, either individually or as a part of a group, shall not harass or bully others either in person or by the use of any communication technology including computer systems, telephones, pagers, or instant messaging systems. Bullying is intentional, repetitive, and can be physical, verbal, and/or emotional and includes electronic bullying known as cyberbullying. Bullying is an attack or intimidation with intent to cause fear, distress, or harm and has a real or perceived imbalance of power. Prohibited conduct includes, but is not limited to, physical, verbal, or written intimidation, taunting, namecalling, and insults and any combination of prohibited activities. Prohibited conduct includes verbal or written conduct consisting of comments regarding the race, gender, religion, physical abilities or characteristics or associates of the targeted person. 8. Gambling A student shall not bet money or other things of value, or knowingly play or participate in any game involving such a bet, on school property or during any school related activity. 9. Use and/or Possession of Alcohol, Tobacco, Anabolic Steroids, and Other Drugs A student shall not possess, use, and/or distribute alcohol, tobacco and/or tobacco products, or other drugs on school property, on school buses, or during school activities, on or off school property. This includes, but may not be limited to, smokeless tobacco, anabolic steroids, look-alike drugs, drug paraphernalia, and any prescription or nonprescription drug not possessed in accordance with Policy JHCD. A student shall not possess, procure or purchase or attempt to possess, procure, or purchase, or be under the influence of (legal intoxication not required), or use or consume or attempt to use or consume, any of the restricted substances listed in this regulation or what is represented by or to the student to be any of the restricted substances listed in this regulation or what the student believes is any of the restricted substances in this regulation. This regulation incorporates Policy JFCF Restricted Substances include alcoholic drinks, marijuana, narcotic drugs, hallucinogens, stimulants, depressants, and anything else covered by the Drug Control Act referenced below, as well as any abusable glue, paint and similar materials, anabolic steroids and both prescription and non-prescription drugs if they are not taken according to the prescription or directions on the package, and includes anything that a student represents to be a restricted substance or which a student believes is a restricted substance. 11

13 In addition to any other consequences which may result, a student who is a member of a school athletic team will be ineligible for two school years to compete in interscholastic athletic competition if the school principal and the division superintendent determine that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition. 10. Distribution or Sale of Illegal Drugs or Possession or Distribution with Intent to Sell Students shall not manufacture, give, sell, distribute or possess with intent to give, sell or distribute marijuana or other controlled substance as defined in the Drug Control Act, Chapter 15.1 of Title 54 of the Code of Virginia. 11. Vandalism Students shall not willfully or maliciously damage or deface any school building or other property owned or under the control of the School Board. In addition, students shall not willfully or maliciously damage or deface property belonging to or under the control of any other person at school, on a school bus or at school-sponsored events. 12. Defiance of the Authority of School Personnel Students shall comply with any oral or written instructions made by school personnel within the scope of their authority as provided by board policies and regulations. 13. Possession or Use of Weapons or Other Dangerous Articles 14. Theft Students shall not have in their possession any type of unauthorized firearm or other article which may be used as a weapon, regardless of whether it is commonly accepted as such. This regulation incorporates Policy JFCD. A student shall not intentionally take the personal property of another person without consent under duress, threat or otherwise. 15. Behavior on School Bus Students shall not behave in a disruptive manner, engage in unsafe or illegal behavior, or otherwise violate these Standards of Conduct while waiting for a school bus, while on a school bus or after being discharged from a school bus. Students at bus stops are considered under the jurisdiction of Henry County Public Schools and subject to all rules and regulations under this Code of Conduct. 16. Cheating Students shall not cheat, plagiarize or knowingly make false statements with respect to any assigned school work or tests. 12

14 17. Trespass The student shall not trespass on school property or use school facilities without proper authority or permission, or during a period of suspension or expulsion. 18. Gang Activity Gang activity will not be tolerated in accordance with Henry County Public School Board Policy JFCE. Gang activity is defined as: wearing, using, distributing, displaying, or selling any clothing, jewelry, emblem, badge, symbol, sign, or other thing that is evidence of membership or affiliation in any gang; committing any act or omission, or using any speech, either verbal or nonverbal (such as gestures or hand-shakes) showing membership or affiliation in a gang; using any speech or committing any act or omission in furtherance of the interests of any gang, including: (a) soliciting, hazing and initiating others for membership in any gang, (b) requesting any person to pay protection or otherwise intimidating or threatening any person, (c) committing any other illegal act or other violation of school policy and (d) inciting other students to act with physical violence; inappropriate congregating, bullying, harassment, intimidation, degradation, disgrace and/or related activities which are likely to cause bodily danger, physical harm, or mental harm to students, employees or visitors. 19. Harassment A student shall not harass another student or any school employee, volunteer, student teacher or any other person present in school facilities or at school functions in violation of Henry County School Board Policy JFHA/GBA Sexual Harassment/Harassment based on race, national origin, disability and religion. To harass a person means to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language. Harassment includes making any suggestion or proposal of an obscene nature, or to threaten any illegal or immoral act. Harassing conduct may take many forms, including verbal acts and name-calling; graphic and written statements, which may include use of cell phones or the internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. 13

15 Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student s ability to participate in or benefit from the services, activities, or opportunities offered by the school. Charges for harassment can be filed under Virginia law and is punishable as a Class 1 misdemeanor, which can result in up to 12 months in jail and/or a $2500 fine. ( ) 20. Possession of Electronic Communication Devices Students may possess electronic communication devices (i.e. cellular phone, PDA s, etc.) on school property, including school buses, provided that the device must remain off and out of sight during instructional time. If a student possesses such a device other than as permitted in this policy, in addition to other disciplinary sanctions which may be imposed, the device may be confiscated from the student and returned only to the student s parent. 21. Reports of Conviction, Adjudication of Delinquency, or Other Court Involvement Any student for whom the superintendent has received a report pursuant to Va. Code of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code may be suspended or expelled. 22. Laser Pointers Students shall not have in their possession laser pointers. 23. Acceptable Use of the Internet Students shall abide by the Henry County Public School Division s Acceptable Computer Use Policy and Regulation. (See Acceptable Use Policy on pages 29-30) 24. Felony charges Students charged with any offense, wherever committed, that would be a felony if committed by an adult may be disciplined and/or required to participate in prevention/intervention activities. Henry County Public Schools reserves the right to reassign a student charged with a criminal offense if his/her presence could pose a safety concern or create a disruption. 25. Bomb Threats Students shall not engage in any illegal conduct involving firebombs, explosive or incendiary materials or devices or hoax explosive devices or chemical bombs as defined in the Code of Virginia. Moreover, students shall not make any threats or false threats to bomb school personnel or school property. 14

16 26. Hazing Students shall not engage in hazing. Hazing means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily harm on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity. The principal of any school at which hazing which causes bodily injury occurs shall report the hazing to the local Commonwealth Attorney. Hazing, as defined above, is a Class 1 misdemeanor which may be punished by confinement in jail for up to 12 months and a fine of up to $2,500, or both, in addition to any disciplinary consequences which may be imposed under this policy. In addition, any person receiving bodily injury by hazing has a right to sue, civilly, the person or persons guilty thereof, whether adults or infants. See Va. Code Other Conduct In addition to these specific standards, students shall not engage in any conduct which materially and substantially disrupts the ongoing educational process or which is otherwise a violation of federal, state or local law. Disciplinary Consequences The following consequences are among those available to the school administration for violation of the Student Code of Conduct. Each offense shall be considered fully in determining reasonable corrective actions 1. Counseling 2. Admonition 3. Reprimand 4. Loss of privileges, including access to the School Division s computer system 5. Parental conferences 6. Tasks or restrictions assigned by the principal or his designee 7. Detention after school or before school 8. Suspension from school-sponsored activities or events prior to, during, or after the regular school day 9. In-school suspension 10. Out-of-school suspension 11. Referral to an alternative education program 12. Notification of legal authority where appropriate 13. Long-term suspension (exceeds 10 days) 14. Recommendation for expulsion 15

17 15. Mandatory expulsion for bringing a firearm onto school property or to a schoolsponsored activity or use or possession of a controlled substance, imitation, controlled substance or marijuana, as defined in Chapter 34 of Title 54.1 and of the Code of Virginia on school property or at a school sponsored activity. 16. Evaluation for alcohol or drug abuse. 17. Participation in a drug, alcohol or violence intervention, prevention or treatment program. 16

18 1. ATTENDANCE Students are expected to arrive at school and all classes on time every day. It is the legal responsibility of parents or guardians to ensure that students are in regular daily attendance for the entire school day. Parents or guardians must seek homebound instruction for their children when they are absent for extended periods of illness. According to an amendment to Section of the Code of Virginia, whenever any pupil fails to report to school on a regularly scheduled school day and no notification regarding the student s absence has been received by school personnel, a reasonable effort to notify the parent or guardian by telephone shall be made by school personnel and a log will be kept of call attempts. To assist school personnel in implementing this policy, parents or guardians are encouraged to contact the school if their child is going to be absent from school. A student who is absent from school for an entire day, or for one or more class periods, must bring a note written and signed by a parent or guardian upon returning to school. The note shall contain the reason(s) for and the date(s) of the absence(s). The principal will be the judge of the validity of any excuses. Students are considered present when participating in field trips and other functions sanctioned by the school. Middle and high school students must be physically present for at least fifty percent (50%) of a class period in order to be counted present for that day. Whenever any pupil fails to report to school for the equivalent of a total of five (5) scheduled school days for the school year, the school personnel shall schedule a conference and make a reasonable effort to ensure that direct contact is made with the parent in person or through telephone conversation to obtain an explanation for the pupil s absence and to explain to the parent the consequences of continued non-attendance at school and at any conference. At this conference, school officials and the parent shall jointly develop a plan to resolve the student s non-attendance. Additional absences by the student after notice of the attendance conference has been sent by the school may result in enforcement of Virginia Compulsory Attendance Laws by court action. Court action can include the filing of criminal charges against parents, students, or both. When a student accumulates the equivalent of twenty (20) absences not attributable to a death in the immediate family, a subpoenaed court appearance, a verified chronic medical condition, school sponsored activities, or prearranged absences with the principal or designee, the principal or designee shall convene the attendance review panel. The student shall not be eligible for credit or promotion if the equivalent of twenty unexcused (20) absences accumulate. In addition to Policy JED, Henry County Public Schools expectation for secondary students is that cumulative individual class absences in excess of two (2) days every thirty (30) days of instruction / six (6) weeks grading period shall also result in loss of credit. Responsibility for make-up work lies with the student. Arrangements for make-up work must be completed within three (3) days after returning to school. Students who skip a class may be required to makeup work; however, the student may not receive full credit for the completion of such work. This will not apply to assignments such as unit tests, term papers, or other long-term projects which extend beyond the day(s) the student skipped class. 17

19 Parents are encouraged to call the school on any day that their child will be absent. Parents who do not call the school should provide school personnel with documentation that they were aware of and support the child s absence. Students are expected to attend all assigned classes every day. Students are not to leave the building without permission. Students who leave the school grounds during the school day before their usual dismissal time must first have parental permission and approval from the administration. Students who are ill or injured must report to the office before leaving the building unless the nature of the illness or injury prohibits this. According to state regulations, the attendance office will notify the local department of social services of children who are truant who are recipients of Aid to Dependent Children support. To promote attendance, teachers are asked to provide positive incentives for attendance. Incentives may include dropping the lowest test grade, awarding five (5) extra points at the end of a grading period, etc. The incentives will be reviewed and approved by the school s administration. Disciplinary Consequences Parent Contact (required) Student Conference Conference with Parent or Guardian Home Visit In-School Suspension/After School Detention Alternative Education Shortened School Day Loss of Credit School Resource Officer/Law Enforcement Agency Court Referral Probationary Student Status and Limited Participation in School Program Suspension of driver s license 18

20 2. CHEMICAL ABUSE Each student has the right to learn in an environment free of drugs and alcohol. Students shall not use, be under the influence, or have in their possession on school property or at school sponsored activities, alcoholic beverages of any kind, marijuana, or controlled, illegal, addictive, or harmful substances, including anabolic steroids. Students shall not give, sell, or distribute or possess with intent to give, sell, or distribute on school property or at school sponsored activities alcoholic beverages of any kind, marijuana, controlled, illegal, addictive, or harmful substances, including anabolic steroids, drug paraphernalia, or imitation controlled substances. Imitation controlled substances shall mean a pill, capsule, tablet, or other item which is not a controlled substance, an alcoholic beverage, or marijuana, but which by overall dosage unit appearances including color, shape, size, marking or package, or by representations made, is intended to lead or would lead a reasonable person to believe that such pill, capsule, or other item is a controlled substance, an alcoholic beverage or marijuana. Detectors, including passive canines, may be used to determine the possession and/or use of drugs and/or alcohol. Chemical abuse also encompasses manufacture, distribution, and intent to distribute, which includes sale, gift, sharing, and taking orders for or arranging for a sale before, during or after school. Students who participate in a drug, alcohol or violence intervention, prevention or treatment program may be eligible for reduced suspensions, depending on the infraction. This may be considered for infractions related to alcohol possession, use, influence and/or possession of drug paraphernalia. In addition to any other consequences which may result, a student who is a member of a school athletic team will be ineligible for two school years to compete in interscholastic athletic competition if the school principal and the division superintendent determine that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition. Disciplinary Consequences Confiscation Student Conference Conference with Parent or Guardian In-School Suspension/After School Detention Out-of-School Suspension five (5) days minimum Law Enforcement Agency Involvement (required) Long-term suspension (exceeds 10 days) Recommended Expulsion to the School Board 19

21 3. TOBACCO PRODUCTS The law requires all school buildings to be smoke free. All students are PROHIBITED from the use and possession of tobacco products, matches, and lighters on school property. Possession includes bringing the product onto school property or to a school-sponsored event. This prohibition includes all related activities (i.e., bus stops, school buses, extracurricular activities, etc.). Required Disciplinary Consequences First*, Second, and Third Offenses a) Conference will be held to determine the facts. b) Conference will be held with the parent or guardian. The conference may be held by phone within three (3) days of the violation. c) Out-of-school suspension three (3) day minimum. Fourth Offense a) A conference will be held to determine the facts. b) Suspension out-of-school for five (5) days. c) A conference will be held with the student, parent or guardian, and the principal. d) Law enforcement agency involvement** * The disciplinary sanction for the first offense will be waived if the parent and student agree for the student to enter into a counseling program as arranged by the school. ** Henry County Public Schools reserve the right to notify law enforcement for first, second, and third offenses, when appropriate 20

22 4. VANDALISM Members of the school community are entitled to enjoy property free from the abuse of others. Vandalism is the willful marring, defacing, or destruction of property of the Henry County Public Schools or of any property of the employees of the Board. This applies to the building, books, school buses, automobiles, school grounds, and property, including inappropriate entry into any computer system. Vandalism will not be tolerated. Students shall not cause or attempt to cause damage to private or personal property while on the school grounds or during a schoolsponsored activity. The following infractions shall also be considered vandalism: a. Computer invasion of privacy-unauthorized or illegal use of a computer or computer network to examine or alter personal information relating to any other person. b. Temporary or permanent removal of computer data, computer programs, official school data, or computer software from a computer or computer network. c. Causing a computer malfunction or altering or erasing any computer data, computer programs or computer software. d. Making or causing to be made an unauthorized or illegal copy, in any form, of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network. Recommended Disciplinary Consequences one or more may apply Student Conference Conference with Parent or Guardian Probation Restitution and/or School Service (required) Modified Instructional Program In-School Suspension/After School Detention Out-of-School Suspension Law Enforcement Agency Involvement Long-term suspension (exceeds 10 days) Recommended Expulsion to the School Board 21

23 5. DANGEROUS OBJECTS, FIREARMS, EXPLOSIVES, ARSON Each student has the right to learn in an environment which respects the safety and well being of all students. Unauthorized use, possession, or carrying of any firearm, knife, or other weapon on or near school property or while engaged in or attending any school activity, including the use or possession of explosives (including firecrackers and/or matches or lighters) is prohibited. Weapons include, but are not limited to, any gun or object designed to propel a missile; any bowie knife, switchblade knife, razor, or slingshot; any look-alike objects; any flailing instrument consisting of two or more rigid parts which can be swung freely (such as a nun-chuck or chains); any object with points or pointed blades; or any object used with the intent of threatening or harming an individual. Weapon is further defined as firearms, knives, stun weapons, lasers, destructive devices, and other devices or substances having the capacity to be used as a weapon. Possession is defined as the weapon or substance being on or about the person, or located within scope of the person s control (e.g., locker, handbag, gym bag, car). Various detection devices may be used to search for the presence of firearms or explosives. The following categories are considered extremely serious violations that threaten a suitable and safe learning environment: A. Dangerous Objects This means the possession or use of items commonly understood to be inappropriate to typical school activities, such as machetes, brass knuckles, switchblades, knives (including pocket knives), chemical irritants (such as mace, pepper spray, ammunition), firearm muffler or silencer, etc. Also included would be the misuse of acceptable objects in a manner that endangers a person s safety or health. This category includes an object used to propel BBs and/or similar pellets. B. Firearms The possession or use of a firearm on any school property or during any school activity is produced and will be prosecuted by the school division unless specifically authorized by school officials (see Preface). The use of a firearm or look-alike firearm, whether loaded or unloaded, operative or inoperative, in a manner which threatens a person s safety or health, WILL RESULT IN AN AUTOMATIC RECOMMENDATION FOR EXPULSION. C. Explosives The possession or use of any item or material considered to have the capacity to create an explosion is prohibited. This includes firecrackers and fireworks. Court services will be notified. D. Arson The use or the intent to use any material that may result in a fire on school property is prohibited unless specifically authorized by school officials. Bomb threats, false fire alarms and smoke bombs are specifically prohibited. 22

24 Required Disciplinary Consequences Confiscation (required) Conference with Parent or Guardian Alternative School Program School Resource Officer Referral In-School Suspension/After School Detention Out-of School Suspension Suspension pending a Hearing Law Enforcement Agency Involvement Long-term suspension (exceeds 10 days) Recommended Expulsion to the School Board 23

25 6. DISRUPTIVE BEHAVIOR Students are entitled to a learning environment free of unnecessary disruption. Any physical or verbal disturbance which occurs within the learning environment and which interrupts or interferes with teaching or orderly conduct school activities is prohibited. A. Dress Dress that distracts others from the learning process is unacceptable. Each school s Standards of Dress defines the expectations of appropriate attire determined suitable for the age, grade level, stage of development, and physical facility. B. Gambling Gambling is defined as any event, action, or statement which relies on chance for the monetary advantage of one participant at the expense of others. This includes exchanging items of value as well as currency and extends to keeping score for later settlement. C. Inappropriate Literature and Illustrations The possession of literature or illustrations of a graphic/inappropriate nature (including photos or text messages) which significantly disrupt the education process or which are obscene. D. Electronic Communication Devices The unauthorized possession/use of any type of electronic/mechanical device which distracts or impedes the educational process can warrant disciplinary sanction. This includes but is not limited to portable communication devices, electronic games, videotapes, DVD s, portable DVD players, I-Pods, MP3 players, cell phones, and PDA s. Students may possess and use these devices under the direction of a teacher for instructional purposes. If the device is not required for instruction, then it must be silenced and out of sight during the school day. E. Obscenity Cursing or using abusive or obscene language or gestures including remarks intended to demean a person s race, religion, sex, national origin, disabling condition, or intellectual ability. This includes action or displays of an obscene nature and the wearing of clothing or adornments which themselves convey sexually suggestive messages. 24

26 F. Verbal Abuse, Disrespect, Defiance of Authority Verbal abuse is any serious or persistent activity that prevents an orderly and peaceful learning experience for any individual. Students will respond to all directions given by all school personnel at first request. G. Display of Affection Students should remember that the school campus is a public environment and a public facility. Public displays of affection are disruptive to the school environment. Students are to refrain from displays of affection. Recommended Disciplinary Consequences one or more may apply Student Conference Parent Contact Conference with Parent or Guardian In-School Suspension/After School Detention Probation Modified Instructional Program Out-of-School Suspension Law Enforcement Agency Involvement Long-term suspension (exceeds 10 days) Recommended Expulsion to the School Board Confiscation (required) 25

27 7. FIGHTING/ASSAULT/THREATS Students and school personnel are entitled to a school environment free from threat and the physical aggression of others. Physical aggression directed toward a School Board employee and/or a School Resource Officer is prohibited. Violation of this rule will result in an immediate recommendation for expulsion. The following acts are prohibited: A. Physical Abuse Intentionally hitting, shoving, scratching, biting, throwing objects at, or blocking the passage of, a student who does not reciprocate. B. Incitement or Instigation of Fighting Actions, comments, or written messages intended to cause others to fight or which result in a fight. C. Fighting Intentionally striking a student with the purpose of causing harm or injury; this action may extend to mutual shoving, wrestling, or other aggressive actions which could result in the danger of harm or injury to either party, bystanders or school property. All participants will be held accountable. If self-defense is determined, disciplinary consequences may differ between participants. Self defense will be determined as the victim trying to physically remove themselves from the altercation or seeking staff assistance. D. Assault/Physical Battery/Malicious Wounding Attempted or actual physical injury resulting from shooting, stabbing, cutting, hitting or any other wounding: a. on school personnel by students b. on students by students c. on students by persons other than students An assault is the attempt or offer, with force, to do bodily harm, while assault and battery is the actual infliction of bodily harm. Either can be punishable under Virginia Law. Any charges can be classified as either a Class 1 misdemeanor which may result in up to 12 months imprisonment and/or $2500 fine, or a Class 6 felony (if the victim is intentionally selected based on race, religion, color or national origin), which can result in up to 5 years imprisonment. ( ) 26

28 Malicious wounding is the cause of bodily injury with the intent to maim, disfigure, disable or kill and is a Class 3 Felony that can result in 5-20 years imprisonment and up to a $100,000 fine under Virginia Law E. Sexual Battery/Sexual Violence Sexual battery is defined as any inappropriate behavior which is of a sexual nature including, but not limited to, touching of sensitive and private parts of a person s body. Sexual violence is defined as physical sexual acts perpetrated against a person s will or where a person is incapable of giving consent due to the victim s use of drugs or alcohol due to an intellectual or other disability. Acts that fall into the category of sexual violence include rape, sexual assault, sexual battery, and sexual coercion; all of which are forms of sexual harassment covered under Title IX. F. Threats Conveying by gestures, notes, or verbal comments a warning to kill or the intent to cause bodily injury or to deprive a student of his rights. Making threats of death or bodily harm to school personnel or members of their families are grounds for longterm suspension and/or expulsion. Threats can result in the offender being charged under Virginia Law and is punishable as a Class 6 felony, which can result in up to 5 years imprisonment. G. Extortion Knowingly obtaining, by threat, control over the property of another, with intent to deprive said person of the property. Extortion can result in the offender being charged under Virginia Law and is punishable as a Class 5 felony, which can result in up to 10 years imprisonment. H. Bullying Bullying is any aggressive behavior that exists over an extended period of time, is repetitive, intentional, involves a real or perceived imbalance of power or strength, and includes such behaviors as hitting, kicking, threatening, teasing, name-calling, excluding from a group, and/or sending unkind notes or s. Bullying may also include: assault, battery, threats, malicious wounding, extortion, false imprisonment, hazing, larceny, robbery, theft, or use of any electronic device for the purposes of bullying, harassment, and intimidation. Bullying can be physical, verbal (spoken or written), and/or emotional and includes electronic bullying known as cyberbullying. 27