MANUAL
OF
STUDENT DISCIPLINE CODE
GILES COUNTY SCHOOLS
PURPOSE
The Tennessee General Assembly, through
T.C.A. 49-6-4012 (through) 4018,
mandated that each local education agency formulate a code of acceptable
behavior and discipline to apply to the students in each school operated by
that agency. The code shall contain the type of
behavior expected from each student, the
consequences of failure to obey such standards, and the importance of the
standards to the maintenance of a safe learning environment where orderly
learning is possible and encouraged. This handbook has been developed for two
purposes: (1) to provide school personnel with a model code for student conduct
and (2) to provide students and parents with an understanding of expected
behavior and the consequences of failing to adhere to these expectations.
IMPLEMENTATION
The Director of Schools shall be
responsible for the overall implementation and supervision of the Board’s Code
of Behavior and Discipline and shall ensure that students at all schools are
subject to a uniform and fair application of the Code.
The principal of each school shall be
responsible for implementation and administration in his/her school and shall
apply the Code uniform and fairly to each student at the school without
partiality and discrimination.
This Code has been approved by the
STUDENT'S RIGHTS AND RESPONSIBILITIES
The school is a community and the rules or
regulations of that school are the laws of the community. Each member enjoying
the rights of citizenship in the community must also accept the
responsibilities of citizenship. School staff, students, and parents must
assume the responsibility for appropriate behaviors in the school. The school
should be seen as a symbol of opportunity where rights and responsibilities are
emphasized equally and human dignity is protected.
Each
Student Has The Right To
--have the opportunity for a free
education in the most appropriate
learning environment.
--have the opportunity for freedom of
speech, expression of ideas, and of the
press.
--expect that the school will be a safe
place with no fear of bodily harm.
--expect an appropriate environment
conducive to learning.
--not to be discriminated against on the
basis of sex, race, color, religion,
national origin, or disability.
--expect to be fully informed of school
rules and regulations.
1
Each Student has the Responsibility To
--know and adhere to reasonable rules and
regulations established
by the Board of Education and implemented
by school administrators and teachers.
--respect the human dignity and worth of
every other individual.
--refrain from libel, slanderous remarks,
and obscenity in verbal and written
expression.
--study diligently and maintain the best
possible level of academic achievement.
--be punctual and present in the regular
school program.
--dress and groom in a manner that meets
reasonable standards of health,
cleanliness, modesty, safety, and abide by School and Board
rules.
--help maintain and improve the school
environment, preserve school property,
and exercise the utmost care while using the school facilities.
--refrain from disobedience or misconduct
or behavior which would lead to any
physical harm or that disrupts the educational process.
--respect the reasonable exercise of
authority by school
administrators and teachers in maintaining
discipline in the school and at school
sponsored activities.
--obey the law and rules so as not to be
subjected to ill effects or endanger
others by the possession or use of alcohol, illegal drugs, and other unauthorized substances.
--carry only those materials which are
acceptable under the law and accept the
consequences for the articles stored in one's locker.
Legal Reference: 1.TCA 49-6-3401
THE
ROLE OF SCHOOL STAFF
Appropriate order and discipline must be
maintained in school if every student is to have the opportunity to benefit
maximally from the program offered. It is the responsibility of all staff
members to apply discipline toward improving behavior and creating an
atmosphere conducive to learning. It is expected that all officials, teachers,
and other employees of the school system will treat the students with
fundamental fairness in applying these
rules. Consistency of enforcement of disciplinary codes is critical to
achieving this end.
The desirable goal is for all students to
obey the rules; but the method by which we encourage students to conform may
vary from student to student, based upon frequency and level of offense.
LEVELS OF OFFENSES
When a violation of the rules governing
behavior occurs, the
imposition of sanctions is to be expected.
The following is a for
level analysis of procedures and options
that are designed to protect all members of the educational community in the
exercise of their rights and duties.¹ The examples of misbehavior should not be
interpreted to be all inclusive because every undesirable behavior can not be
listed.
__________________________________
1. TCA 49-6-4001 through 49-6-4105
Level I
The first--least serious--level involves
minor misbehavior on the part of the student which impedes orderly classroom procedures
or interferes with the orderly operation of the school.
Examples of undesirable behavior:
--classroom disturbances
--classroom tardiness
--cheating and lying
--abusive language, profanity, or
notes—non-defiant behavior to do assignments or carry out directions
--loitering in unauthorized places
--excessive absences
--failure to have hall pass
--excessive noise outside the classroom
--radios or tape players
--playing cards or dice
--chewing gum
--violation of dress code
--harassment (sexual, racial, ethnic,
religious)
disciplinary options might include”
--admonishing the student
--restricting activities
--requiring special assignments
--assigning work details
--temporary removal from class in a
time-out room
--issuance of demerits that might affect
citizenship or deportment grades
--behavior modification activities
--denial of class privileges
--imposition of corporal
punishment--requirement of restitution
Such consequences are typically imposed by
the classroom teacher.
Before imposing such consequences, the
teacher, concerned for the welfare of the students and guided by the principles
of fundamental
fairness, will make an inquiry into the
incident to assure that the culprit is accurately identified, that he
understands the nature of the offense, and that he was on notice as to the
consequences to which he is subject to for the offense. It is important that
the consequence
should be reasonably related to the
offense and that the more severe consequences should be reserved for important
offenses or for repeated actions that have not been controllable with lesser
consequences. Any
explanation of conduct that the pupil may
offer should be considered as the teacher decides upon the appropriate
consequence.
Level II
The second level of consequences is
reserved for those problems that the teachers cannot control within the scope
of their classroom
authority. Many of these infractions
result from a continuation of level I misbehaviors, and require the
intervention of personnel on the administrative level because the execution of
level I disciplinary options failed to correct the situation.
Examples of undesirable behavior:
--Continuation of unmodified LEVEL I
misbehavior
--school tardiness
--truancy
--smoking or possession of tobacco
products
--using forged notes or excuses
--disruptive classroom or bus behavior
--bus disturbances
--failure to sign out
--parking in unauthorized areas
--leaving school grounds
--cutting class
--defiance
--selling and distribution of over-counter
drugs when implied to
represent something other than what they
are
--gambling
--disrespect to teachers and bus drivers
--immoral conduct
--harassment (sexual, racial, ethnic,
religious)
Disciplinary options might include:
--in-school suspension
--detention before or after school
--suspension from school sponsored
activities or from riding the bus
--corporal punishment, under local board
policy
--changing the student's instructor within
the school
--restricting the honors the student is
otherwise due
--prohibiting the student's attendance at
school functions
--demanding restitution for lost, damaged,
or stolen property
--out of school suspension
--parent conference
These
would normally be imposed by the pincipal/assistant principal
upon a student who has been referred by
the teacher, but only after the administrator has made his/her own inquiry into
the incident. This inquiry should include hearing the accusation made by the
teacher
or other party, notifying the offender of
the accusation and
permitting him the opportunity of explaining
his conduct, denying it, or stating any mitigating circumstances. In cases
where there is substantial disagreement about the offense, the principal should
satisfy himself as to the truth of the accusation.
Level III
For student discipline problems for which
neither of the preceding is appropriate or effective, the third level of
consequences may be recommended by the principal. These acts may be considered
criminal, but most frequently can be
handled by the disciplinary mechanisms
within the school or system.
Examples of undesirable behavior:
--continuation of unmodified LEVEL II
misbehavior
--fighting (simple)
--vandalism (simple)
--selling and distribution of over-counter
drugs when implied to represent
something other than what they are --stealing
--threats to others (extortion,
intimidation)
--harassment (sexual, racial, ethnic,
religious)
Disciplinary options might include:
--assigning the student to an alternative,
disciplinary day-school
--short-term out of school suspension
--corporal punishment
--temporary removal from class
--call police (may be ordered to appear in
court)
The change in a student's program to place
him/her in the Alternative School may be mandatory as a result of a suspension
or expulsion or
may be voluntary based upon the
recommendation by a team composed of the
principal or assistant principal, the school guidance counselor, and the student (and parents when possible).
Students eligible for
special education services will have rules
and laws pertaining to special education applied.
Level IV
The final and most severe consequences
that can be imposed upon a student are
LEVEL IV violations. These are acts that are criminal and
are so serious that they require
administrative actions which result in
the immediate removal of the student from school, the intervention of law enforcement authorities, and a hearing
by the Disciplinary
Hearing Authority. School authorities are
obligated to report clearly established criminal offenses to law enforcement
authorities.
Examples of undesirable behavior:
--unmodified LEVEL III misconducts
--extortion
--bomb threat
--possession/use/transfer of firearms or
dangerous weapons
--assault/battery
--vandalism
--theft/possession/sale of stolen property
--arson
--furnishing/selling/
using/possession of unauthorized
substances
--harassment (sexual, racial, ethnic,
religious)
Disciplinary options might include:
--suspend the student out of school for a
period exceeding ten days--expel the student
--alternative school
--call police (may be ordered to appear in
court)
Behaviors in this category require a
review by the Disciplinary Hearing Authority. The hearing by this group must be
held, a decision
rendered, and notification of the decision
must be provided to the parents and/or the student and the principal no later
than ten days after the beginning of the suspension. The principal or the
student
has a right to request a review by the
Board. If this occurs, the
Board shall review the DHA records and
affirm the decision of the hearing authority, modify the decision to a lesser
penalty*, or grant a hearing before the Board.¹
* Note:
Zero-tolerance offenses set forth in statute (firearms, drug possession
and battery upon school employee) require mandatory calendar year expulsion or
assignment to alternative placement for a calendar year unless modified by the
director of schools.
When either a long-term or short-term
suspension occurs during the last ten days of any term or semester, the student
may seek permission of the principal to take such final examination or submit
such
required work as is necessary to complete
the course of instruction for that semester.
Reference
_______________________
1. Board Policy # 6.309, # 6.317
ZERO TOLERANCE OFFENSES
In order to ensure a safe and secure
learning environment, the following offenses will not be tolerated:
Weapons & Dangerous Instruments
Students shall not possess, handle, or
attempt to use any dangerous weapon in
school buildings or on school grounds at
any time or in school vehicles and/or buses
or off school grounds at a school sponsored activity. Dangerous weapons shall
include, but are not limited to any firearm, or anything manifestly designed, made or
adapted for the purpose of inflicting death or serious bodily injury or
anything that in the manner of its use
or intended use is capable of causing death or serious bodily injury.
Violators of this section shall be
subject to suspension and/or expulsion from school.
Firearms (as defined in 18 U.S.C. &
921)
In accordance with state law, any student
who brings or possess a firearm on school property shall be expelled for a
period of not less than one (1) calendar year.
The director of schools shall have the authority to modify this
expulsion requirement on a case-by-case basis.
Drugs
In accordance with state law, any student
who unlawfully possesses any drug including any controlled substance or legend
drug shall be expelled for a period of not less than one (1) calendar year. The director of schools shall have the
authority to modify this expulsion requirement on a case-by-case basis.
In accordance with state law, any student
who commits battery upon any teacher, principal, administrator, or any other employee of the school or school
resource officer shall be expelled for a period of not less than one (1)
calendar year. The director of schools
shall have the authority to modify this expulsion requirement on a case-by-case
basis.
Notification
When it is determined that a student has
violated this policy, the principal of the school shall notify the student’s
parent or guardian and the criminal justice or juvenile delinquency system as
required by law.
Reference:
Board Policy # 6.309
ALCOHOL
AND DRUG USE
In order to protect the rights of
students, to safeguard the
learning environment, and to contribute to
a "Drug Free" community, the Board's plan for dealing with alcohol
and drugs¹ shall include the following:
1. Appropriate ways for handling
alcohol/drug related medical
emergencies;
2. Guidelines for reporting alcohol/drug
incidents and illegal activities;
3. Guidelines for referral of students who
may have an alcohol/drug problem and/or are considered "high risk" to
agencies and other sources of appropriate help.
4. Effective working relationships with
appropriate community agencies, such as alcohol/drug service providers, law
enforcement agencies, and judicial officials.
Through the use of state guidelines the
director shall be responsible for:
1. Developing and implementing an
appropriate curriculum on alcohol and drug education for students;
2. Providing adequate information and
training for all staff personnel as
appropriate to their responsibilities;
3. Developing administrative rules and
guidelines for the school system to effectively respond to alcohol and drug situations
that may occur at school or school sponsored events.
DRUGS
Students will not possess, distribute or
be under the influence of illegal drugs in school buildings or on school
grounds, in school vehicles or buses, or at any school sponsored activity at
any time,
whether on or off school grounds. Students
will not market or distribute any substance which is represented to be or is
substantially similar in color, shape, size, or markings to a controlled
substance in school buildings or on school grounds, in school vehicles or
buses, or at any school-sponsored activity at any time, whether on or off
school grounds.²
Upon information that a student is
suspected of violating this policy, the principal of the school shall be
notified immediately. If it is
determined that board policy has been violated, the principal shall notify the
student's parent or guardian and the appropriate law enforcement officials.³
All cases require a hearing before the Disciplinary Hearing Authority,
with the penalty being suspension for one year.
___________________
Legal References:
1. TRR/MS 0520-1-3-.08(2)(d).
2. TCA 39-17-417
3. TCA 49-6-4209
DISCIPLINE OF ATHLETES
The athletic teams at a school are a
community and the rules or regulations of that team are the laws of the
community. Each student enjoying the privilege of being a member of the team
must also accept
the responsibilities of that membership.
The athletes of a particular sport must assume the responsibility for
appropriate behaviors as
outlined by their coach.
Each athlete should expect to be fully
informed of the team rules and regulations. Likewise, each athlete should
adhere to reasonable rules and regulations established by the coach of their
particular team.
In the event an athlete is accused of being
in violation of a team rule, the coach is responsible for an inquiry into the
incident. This inquiry should include hearing the accusation made against the
athlete, notifying the athlete of the
accusation and permitting
him/her the opportunity of explaining
their conduct, denying it or stating any mitigating circumstances. After this
due process is given, the coach will be responsible for determining what action
will be
taken. Since there is a great diversity in
the team sports that are played in the
provide their team with reasonable rules
and regulations for that
team. Since all situations cannot be
anticipated by a set of rules, the coach's rules will not be interpreted to be
all inclusive. These team rules will be kept at each individual school.
CORPORAL PUNISHMENT
Corporal punishment is permitted as a
measure to maintain discipline and order within the Giles County Schools. This
is permitted in accordance with the following guidelines:¹
1. Each principal shall warn all students
in his/her school that
specific misbehavior will result in
spanking.
2.
Reasonable corporal punishment may be administered by a teacher after
consultation with the principal, and only in the presence of another professional
staff member.
3. Corporal punishment shall be used only
as a last resort in the most unusual circumstances and other less drastic
corrective measures have been used
without success.
4. If possible, parents should be advised
of the decision to administer such punishment and the supportive reasons
therefore.
5. A staff member may use reasonable force
against a pupil without advance notice to the principal when it is essential
for self defense, the preservation of order, or for the protection of other
persons or the property of the Board.
Reference: Board Policy #6.314
USE OF PERSONAL
COMMUNICATION AND ELECTONIC DEVICES
Students may possess personal
communication devices, such as cell phones, while on school property. However, the personal communication device must
be in the off mode and must be kept in a backpack, purse, or similar personal
carry-all and may not be used during school hours. The principal or his/ her designee may grant
a student permission to use a personal communication device at his/her
discretion. A device used outside these
parameters shall result in confiscation of the device until such time as it may
be released to the student’s parent or guardian. A student in violation of this policy is
subject to disciplinary action.
Use of cameras on personal communication
devices is strictly prohibited on school property or at school functions. A student in violation of this policy is
subject to disciplinary action.
PERSONAL ELECTRONIC DEVICES
Personal electronic devices such as CD
players, Ipods or MP3 players may be stored in backpacks, purses or personal
carry-alls. However, the use of the
devices during school hours is strictly forbidden. Use or improper storage of personal
electronic device will result in confiscation of the device until such time as
it may be released to the student’s parents or guardian. A student in violation of this policy is
subject to disciplinary action.. 1
Reference
1. Board Policy # 6. 312
DISCRIMINATION
-HARASSMENT OF STUDENTS
Students shall be provided a learning
environment free from sexual, racial, ethnic and religious discrimination/
harassment. It shall be a violation of this policy for any employee or any
student to discriminate against or harass a student through disparaging conduct
or communication that is sexual, racial, ethnic or religious in nature.¹
Student discrimination/ harassment will
not be tolerated. This is defined as conduct, advances, gestures or words
either written or spoken of a sexual, racial, ethnic or religious nature which:
1. Unreasonably interfere
with the student’s work or educational
opportunities; or
2. Create an intimidating, hostile or
offensive learning environment; or
3. Imply that submission to such conduct
is made an explicit or implicit term of receiving grades or credit; or
4. Imply that submission to or rejection
of such conduct will be used as a basis
for determining the student’s grades and/or participation in
a student activity.
Alleged victims of sexual, racial, ethnic
and religious discrimination/harassment shall report these incidents as soon as
practical to a teacher, counselor or building administrator. Allegations of
discrimination/harassment shall be fully investigated by a complaint manager
(as set forth in Student Concerns, Complaints and Grievances – Policy #6.305).
A substantiated charge against an employee
shall result in disciplinary action up to and including termination. A
substantiated charge against a student may result in corrective or disciplinary
action up to and including suspension.
There will be no retaliation against any
person who reports harassment or participates in the investigation. However,
any employee who refuses to cooperate or gives false information during the
course of any investigation may be subject to disciplinary action. The willful
filing of a false report will itself be considered harassment and will be
treated as such.
Any employee disciplined for violation of
this policy may appeal the decision by contacting the Director of Schools. Any
student disciplined for violation of this policy may appeal the decision with
disciplinary policies and procedures.
This policy shall be published in the
parent/student handbook distributed annually to every student. Building
administrators are responsible for educating and training their respective
staff and students as to the definition and recognition of discrimination
and/or harassment.
Reference
1.
6.304; 6.305
STUDENT
CONCERNS, COMPLAINTS, AND GRIEVANCES
Student Concerns And Complaints
Decisions made by school personnel- such
as aides, teachers, or assistant principals- whose students believe are unfair
or in
violation of pertinent policies of the
Board or individual school
rules may be appealed to the school
principal or a designated
representative. To appeal, students will
contact the principal's office in their school and provide their name, the
issue and the reason for their appeal on a printed form available at the school
office within two school days. The appeal will usually be decided
confidentially and promptly, preferably
within four school days.
However, if the principal does not make a
decision within five
school days following the date of
complaint, students or parents may appeal at that time by contacting the
Director/Designee at the
central office. The information provided
should include the
student's name, the school and a
description of the problem.
An investigation and decision will be made
within five days of
receipt of the complaint and communicated
to the school principal and student by telephone. A written copy of the
decision also will be sent to the student and the principal.
Discrimination/Harassment Grievance
Procedures
Filing a Complaint--- Any student of this
school district who wishes to file a discrimination/harassment grievance
against another
student or an employee of the district may
file a written or oral(recorded) complaint with a complaint manager.¹ Students may also report an allegation
of discrimination/ harassment to any
teacher or
other adult employed in the school who
shall inform a complaint manager of the allegation. The complaint should
include the following information:
1. Identity of the alleged victim and
person accused;
2. Location, date, time and circumstances
surrounding the
alleged incident;
3. Description of what happened;
4. Identity of witnesses; and
5. Any other evidence available.
Investigation--- Within twenty-four hours
of receiving the student's complaint, the complaint manager shall notify the
complaining student's parent/guardian and the principal who shall inform the
director of schools. The parent/guardian
shall be given notice of the right to attend an interview of the student in a
non-intimidating environment in order to
elicit full disclosure of the student's allegations. This interview shall take
place within five (5) days from time the complaint was first made. If no
parent/guardian attends the interview, another adult, mutually agreed upon by
the student and the complaint manager, shall attend and may serve as the
student's advocate. After a complete investigation, if the allegations are
substantiated, immediate and
appropriate corrective or disciplinary
action shall be initiated. The complaint and identity of the complainant will
not be disclosed except (1) as required by law or this policy; or (2) as
necessary to fully investigate the complaint; or (3) as authorized by the
complainant. A school representative will
meet with and advise the complainant regarding the findings, and whether
corrective measures
and/or disciplinary actions were taken.
The investigation and response to the complainant will be completed within
thirty (30) school days. Copies of the report will be sent to the student,
principal and director of schools. One copy shall be kept in the complaint
manager's file for one (1) year beyond the student's eighteenth (18) birthday.
The director shall keep the Board informed of all complaints.
Decision and Appeal--- If the complainant
is not in agreement with the findings of fact as reported by the complaint
manager, an appeal
may be made, within five (5) work days to
the director of schools. The director will review the investigation, make any
corrective action deemed necessary and provide a written response to the
complainant. If the complainant is not in agreement with director of schools'
findings of fact, appeal may be made to the Board of Education within five (5)
work days. The Board shall, within thirty (30) days from the date the appeal
was received, review the investigation and the actions of the director and may
support, amend or overturn the actions based upon review and report their
decision in writing to the complainant.
Appointing Complaint Managers
The director of schools shall appoint at
least two complaint managers, one for each gender for each school.
This policy shall be published in the
parent/student handbook
distributed annually to every student.
Building administrators are responsible for educating and training their
respective staff and students as to the definition and recognition of
discrimination/ harassment.
__________________________
Legal References:
Title IX, Education Amendment of 1972
20 U.S.C.
1681,et seq.
Board Policy # 6.305
INTERROGATIONS
AND SEARCHES
Interrogations By School Personnel
Students may be questioned by teachers or
principals about any matter pertaining to the operation of a school and/or the
enforcement of its rules. Questioning must
be conducted directly and under circumstances which will avoid unnecessary
embarrassment to
the student being questioned. Any student
answering falsely,
evasively or refusing to answer a proper
question may be subject to disciplinary action, including suspension.
If a student is suspected or accused of
any misconduct or infraction of the student code of conduct, the principal may
interrogate the student, without the presence of parent(s)/ guardian(s) or
legal custodians and without giving the student constitutional warnings.
Interrogations
By Police (At Administrator's Request)
If the principal has requested assistance
by the police department to investigate a crime involving his/her school, the
police shall have permission to interrogate a student suspect in school during
school hours. The principal shall first attempt to notify the parent(s)/ guardian(s) or legal custodians of the
student of the intended interrogation, but the interrogation may proceed
without attendance of the parent(s)/guardian(s) or legal custodians. The
principal or his/her designee shall be present during the interrogation.
The use of police women or female staff
members is desirable in the interrogation of female students.
Police-Initiated Interrogations
If the police deem circumstances of
sufficient urgency to interrogate students at school for unrelated crimes
committed outside of school hours, the police department shall first contact
the principal regarding the planned interrogation, inform him/her of the
probable cause to investigate within the school. The principal shall make
reasonable effort to notify the parent(s)/guardian(s) or legal custodians of
the interrogation, but the interrogation may proceed without attendance of the
parent(s)/guardian(s) or legal custodians. The principal or his/her designee
shall be present during the interrogation.
Searches By School Personnel
Any principal, or his/her designee, having
reasonable suspicion may search any student, place or thing on school property
or in the
actual or constructive possession of any
student during any organized school activity off campus, including buses,
vehicles of students or visitors (Notice
shall be posted in the school parking lot that vehicles parked on school
property by students or visitors
are subject to search for drugs, drug
paraphernalia or dangerous weapons), and containers or packages if he/she
receives information which would cause a reasonable belief that the search will
lead to the discovery of:
1. Evidence of any violation of the law;
2. Evidence of any violation of school
rules or regulations or
proper standards of student or faculty
conduct;
3. Any object or substance which, because
of its presence,
presents an immediate danger of harm or
illness to any person.
A student using a locker that is the
property of the school system does not have the right of privacy in that locker
or its content. All lockers or other storage areas provided for student use on
school premises remain the property of the school system and are provided for
the use of students subject to inspection, access for maintenance and search.
Notice shall be posted in each school that lockers and other storage areas are
school property and are subject to search.
A student may be subject to physical
search or a student's pocket, purse or other container may be required to be
emptied because of the results of a locker search, or because of information
received from a teacher, staff members or other student if such action is
reasonable to the principal. All of the following standards of reasonableness shall be met:
1. A particular student has violated
policy;
2. The search could be expected to yield
evidence of the violation of school policy or disclosure of a dangerous weapon
or drug;
3. The search is in pursuit of legitimate
interests of the school in maintaining order, discipline, safety, supervision
and education of students;
4. The primary purpose of the search is
not to collect evidence
for a criminal prosecution; and
5. The search shall be reasonably related
to the objectives of the search and not excessively intrusive in light of the
age and sex of the student, as well as the nature of the infraction alleged to
have been committed.
School officials may conduct hand-held or
walk-through metal detector checks of a student's person or personal effects.
Searches By Police
If public health or safety is involved,
upon request of the
principal who shall be present, police
officers may make a general search of student's lockers and desks, or students'
or nonstudents' automobiles for drugs, weapons or items of an illegal or
prohibited nature.
If the principal has received reliable
information which he/she believes to be true that evidence of a crime or of
stolen goods, not involving school property of members of the school staff or
student body, is located on school property and that any search for such
evidence or goods would be unrelated to school discipline or to the health and
safety of a student or the student body, he/she shall request police
assistance; and procedures to obtain and execute a search warrant shall
thereafter be followed. Anything found in the course of the search conducted in
accordance with this policy which is evidence of a violation of the law or a
violation of student conduct standards may be:
1. Seized and admitted as evidence in any
hearing, trial,
suspension or dismissal proceeding. It
should be tagged for identification at the time it is seized and kept in a
secure
place by the principal or the principal's
designee until it is
presented at the hearing. At the
discretion of the principal,
the items seized may be returned to the
parent or guardian of a student or, if it has no significant value, the item
may be destroyed, but only with the express written permission of the director.
2. Any item seized may be turned over to
any law enforcement officer. Any dangerous weapon or drug as defined in TCA
49-6-4202 shall be turned over to an appropriate law enforcement official after
completion of an administrative proceeding at which its presence is reasonably
required.
Whenever the possibility of uncovering
evidence of a criminal nature exists, the principal or his/her designee may
request the assistance of a law enforcement officer to:
1. Search any area of the school premises,
any student or motor
vehicle on the school premises; or
2. Identify or dispose of anything found
in the course of a search conducted in accordance with this policy.
The involvement of law enforcement officials
is encouraged when there is reasonable cause to suspect that criminal evidence
is about
to be uncovered.
________________
Legal References:TCA 49-6-4202 through TCA
49-6-4212
Board Policy # 6.303
DUE PROCESS
Short term, out-of-school suspension is a
consequence that can be imposed, provided that due process of the student is
accorded him/her as determined by the
1.A principal may for disciplinary reasons,
suspend a student for a period not exceeding ten days, under the following
guidelines:
(a) The student shall be brought before
the principal and orally notified of the specific charges against him, and be
given an opportunity to present his version of the incident. If he denies the
charges, he shall be given an explanation of the authorities' evidence.
(b) Immediately upon the suspension of a
student, the principal shall send written notice to the director and other
persons authorized by the board to investigate and to the student's parents or
guardians. The notice shall set forth the length of time of the suspension and
the specific charges constituting the reason for the suspension.
(c) If the student or his
parents/guardians desire his readmission before the suspension is complete,
they may apply for readmission and arrange a conference with the principal who
may readmit the student or continue the
suspension as originally imposed. This readmission procedure applies to
any suspension from school or from school-sponsored activities or from riding
the school bus.
(d) A principal may not impose successive
short-term suspensions that cumulatively exceed ten days for the same offense.
2. In emergency situations, a student may
be suspended from school without a prior hearing where his continued presence
poses a danger to persons or property in the school or an on-going threat of
disrupting the academic process. However, a hearing shall be afforded the
student as soon as practicable following the suspension, in accordance with the
procedural guidelines as outlined above.
3. If the principal determines that the
offense is of such nature that the student’s continued presence would be
detrimental to the school or persons within the school, or if the violation is a
zero tolerance offense, he/she shall refer the case to the Disciplinary
Hearing Authority.¹
Legal Reference
1. TCA 49-6-3401
Student
Records
Rights Under Family Rights and Privacy Act
For Elementary and Secondary Schools
The Family and Educational Rights and
Privacy Act (FERPA) affords parents and students over 18 years of age
(“eligible students”) certain rights with respect to the student’s education
records.
They are:
(1). The right to inspect and review the student’s
education records within 45 days of the day the District receives a request for
access.
Parents or
eligible students should submit to the school principal (or appropriate school
official) a written request that identifies the record(s) they wish to
inspect. The principal will make arrangements
for access and notify the parent or eligible student of the time and place
where the records may be inspected.
(2). The
right to request the amendment of the student’s education records that the parent or eligible
student believes are inaccurate or misleading. Parents or eligible students may
ask the
If the
District decides not to amend the record as requested by the parent or eligible
student, the
(3). The right to consent to disclosures of personally
identifiable information contained in the student’s education records, except
to extent the FERPA authorizes disclosure without consent. One exception, which
permits disclosure without consent is disclosure to school officials with
legitimate educational interest. A
school official is a person employed the Giles County School System 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 System 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
performing his or her tasks.
A school official has a legitimate educational interest if the
official needs to review an educational record in order to fulfill his or her
professional responsibility.
Upon
request, the
(4). The
right to file a complaint with U.S. Department of Education concerning alleged failures by the Giles
County School System to comply with the requirements of FERPA. The name and address of the Office that
administrates FERPA is:
Family
Policy Compliance Office
ALTERNATIVE SCHOOL
Administrators
may choose to assign students in grades 6 through 12 to a 3 day or less
assignment to the Alternative School.
Reasons for a 3 day assignment to Alternative School may include but are
not limited to:
1.
A sixth tardy to class in
any given semester.
2.
Possession of use of
tobacco or tobacco products on a school site.
3.
Use of profanity.
4.
A third recorded
violation of the student dress code during the school year.
5.
Not following a
reasonable request for any school employee.
6.
Disruptive behavior on
school ground or at a school sponsored event.
7.
Establishing a pattern
of un-acceptable behavior at school.
(3 or more office referrals)
8.
Any other reasonable or
just cause.
NOTE: A 3-day assignment to Alternative School is
considered a “light to medium punishment”.
Students will receive due process.
A reasonable effort should be made to contact the parent or guardian
before the assignment to Alternative School begins. Students may not go on any school-sponsored
activity for the period of time that he/she is assigned. Assignment begins when the student has
successfully completed the last assigned day.
GENERAL
PROCEDURES AND GUIDELINES ARE AVAILABLE FOR REVIEW.