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Student Code of Conduct

GENERAL EXPECTATIONS

Students will be expected to behave themselves in such a way so as to facilitate a positive learning environment for themselves and other students, respect each other and school district employees, obey student behavior policies adopted by the Emanuel County Board of Education and obey student behavior rules established by individual schools.

Students are encouraged to seek the help of school officials in resolving conflicts with other students.  Fighting is not permitted under any circumstances.  

Parents and guardians are encouraged to inform your children on the consequences, including potential criminal penalties, of underage sexual conduct and crimes for which a minor can be tried as an adult

A student who believes he/she has been the victim of sexual harassment, racial harassment, or disability harassment by another student or by any school employee should immediately report the incident to a teacher, counselor, assistant principal, principal, superintendent, or to another adult or school   official in the school system.

The student conduct regulations are applicable to students at any time on school grounds, off the school grounds, at a school activity, function, or event, and on school transportation.

CORPORAL PUNISHMENT

Corporal punishment shall not be administered to a student when the student’s parent(s)/guardian(s) have provided a written statement to the school requesting that corporal punishment not be considered a disciplinary option for the child.

STUDENT SUPPORT PROCESSES

Every school provides a variety of resources to help address student behavioral problems in the school discipline process.  They may include such things as Student Support Teams, chronic disciplinary problem student plans, peer facilitation and conflict resolution.

PARENTAL INVOLVEMENT

This Code of Conduct is based on the expectation that parents, guardians, teachers and school administrators will work together to improve and enhance student behavior and academic performance and will communicate freely their concerns about, and actions in response to, student behavior that detracts from the learning environment.  School administrators recognize that two-way communication through personal contacts is extremely valuable; therefore, they provide information to parents as well as on-going opportunity for school personnel to hear parents’ concerns and comments.

Parents and students should contact the principal of the school if specific questions arise related to the Code of Conduct.

The Code of Conduct specifies within its standard of behavior various violations of the Code which may result in a staff member’s request that a parent or guardian come to the school for a conference.  Parents are encouraged to participate in school activities such as PTO, Boosters, etc. regularly and are expected to be actively involved in the behavior support processes designed to promote positive choices and behavior.

OFF-CAMPUS BEHAVIOR

Any 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 may result will follow the guidelines set forth in this handbook for admission of student accused of a felony.

OUT-OF-SCHOOL SUSPENSION

Suspension is used as a disciplinary action to deter inappropriate student behavior including violation of school rules, policies, and procedures.  After the commission of the offenses, after the investigation by the principal of the circumstances surrounding the offense, and after notification to the parents/guardians the days of suspension shall be specified by the principal/designee and such days shall begin as soon as reasonably prudent.  Ordinarily, a student will not be suspended during a semester exam period.

Every reasonable effort shall be made to notify parents when a student is suspended.  At the conclusion of the suspension, a conference shall be scheduled with the parent(s) and/or guardian(s) and a school official or a student support team to develop a disciplinary and behavioral correction plan when chronic discipline occurs.

Days missed under the suspension will be counted as unexcused absences.

A zero will be given in each subject in which a grade was assigned for an activity during the days of suspension.  However, a student will have 5 days to make up a test or major project missed during OSS.

Before being suspended, a student has a right to a conference with the principal or his designee where the following takes place: (1) the charges against the student are explained to him/her; (2) if the student denies his guilt, the evidence against the student is outlined for him/her; and (3) the student is given the opportunity to tell his/her side of the story.

A student who has been suspended out-of-school (OSS) for any disciplinary reason and has been assigned to OSS shall not be present on ANY school property for ANY REASON AT ANY TIME during the term of the suspension except to attend hearings.  

In addition, a student who has been assigned OSS shall not participate in, or attend, any school-sponsored, extra-curricular activities (on or off campus) beginning with the specific time the OSS is assigned (which may not be the time suspension actually begins) until the beginning of the calendar day following the last day of out-of-school suspension. 

A student who has been suspended out-of-school (OSS) for any disciplinary reason will not be allowed to attend or participate in field learning trips due to safety concerns.

IN-SCHOOL SUSPENSION

In school suspension is an additional alternative to suspension that maybe utilized by a school administrator.  Students will not be counted absent.  Students will not receive zeroes unless they fail to make up work missed in their classes.  The student has a responsibility to complete make up work missed consistent with provision for making up work outlined earlier in this handbook. When an administrator deems that a student’s behavior, in grades 4-12, is willful and persistent, a student may be assigned to long-term ISS for up to 10 days at the Crossroads Alternative School. 

A student who has been assigned to In-School Suspension (ISS) shall not participate in or attend any school-sponsored extra-curricular activities (on or off campus) including extra-curricular activities requiring leaving or arriving on campus which occur from the official beginning of the school day until the end of the school day during which the student is assigned to ISS.  

EXPULSION

If a recommendation for expulsion is submitted to the Board of Education, written charges for the expulsion recommendation shall be provided to the student and his/her parent(s) or guardian(s) along with the expulsion proceedings outlined in accordance with applicable.  

The Board of Education may refer any disciplinary action to the System Student Disciplinary Tribunal panel, which shall conduct a hearing of the matter consistent with the Board policy.  The issues to be determined at the hearing shall be whether or not the student is guilty of the alleged violation of student regulations and, if so, what appropriate punishment shall be imposed.

In determining the appropriate punishment to impose upon the student, the tribunal panel shall review the student’s academic and disciplinary record and the specific circumstances of the incident that gave rise to the hearing.  The maximum punishment that may be imposed is permanent expulsion from the school and from the Emanuel County School System.

SYSTEM STUDENT DISCIPLINARY HEARING

Pursuant to the provisions of the Official Code of Georgia Annotated, Section 20-2-753 et. Seq., (Ga. Laws 1984 VI, p. 908), the Emanuel County Board of Education shall appoint a tribunal panel to hold disciplinary hearings. Students who are accused of certain disciplinary infractions may be required to appear at a hearing before a Tribunal panel.  The tribunal panel will listen to the evidence, determine if the student is guilty of the violation of the student disciplinary rules, and will determine appropriate punishment to impose taking into consideration the circumstances of the offenses, the student’s academic record, and the student’s disciplinary record. A student found guilty of violations of weapons, drugs, alcohol, sex offenses, assault on school personnel or other students, or bullying shall not participate in school activities, on or off campus, while the student is assigned to alternative programs.

For students found guilty of violations other than those mentioned in the previous sentence, the tribunal panel will determine whether or not a student may attend or participate in school sponsored and/or extracurricular activities unless the activity is governed by GHSA and attendance/participation is predetermined by the circumstances. The tribunal panel not withstanding rules/regulations/ procedures of the organization and/or activity will determine attendance and participation in activities not governed by GHSA.  The decision concerning attendance will be made a part of the minutes of the hearing.

The tribunal panel will determine whether or not a student will be allowed to apply to the Alternative school and whether or not transportation will be provided.  The tribunal panel will base their determination upon the nature of the offense committed and the student’s prior discipline record on school buses.

The local school board shall make available to all Qualified Student Discipline Hearing Officers and Disciplinary Tribunal or Panel Members the initial and ongoing tribunal training course prior to the individual(s) serving in such capacity.  The local board of education shall ensure initially trained student discipline hearing officers and disciplinary tribunal or panel member undergo continuing education so as to continue to serve in such capacity.

The disciplinary violations which will result in a hearing before the tribunal panel are as follows:

(1) An alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days; or (2) 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.

PHYSICAL VIOLENCE RESULTING IN SUBSTANTIAL INJURY TO A TEACHER

In accordance with Georgia Law, students are prohibited from engaging in physical violence on a school campus or at a school activity.

For purposes of this policy, physical violence shall be defined as Type One Physical Violence and Type Two Physical Violence, each of which shall mean the following:

Type I: Without harm - Intentionally making physical contact of an insulting or provoking nature with the person of another (which is referred to in the Handbook as “Type One Physical Violence”); or

Type II: With harm - Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided under Georgia law at O.C.G.A. Section 16-3-21 (which is referred to in this Handbook as “Type Two Physical Violence”).

If a student commits any act of Type I Physical Violence or Type II Physical Violence against a teacher, school bus driver, or other school official or employee, the following disciplinary procedures and consequences shall apply:

(1) A student who is alleged to have committed an act of physical violence shall be referred to the System Student Disciplinary Tribunal panel for a hearing regarding the charges.

(2) The student shall be suspended out-of-school pending the hearing by the Tribunal panel;

(3) The Tribunal panel shall determine all issues of fact and intent and shall submit its finding and recommendations to the Board of Education for imposition of punishment;

(4) If a student has engaged in Type One Physical Violence, the Tribunal panel’s recommendations may include a recommendation as to whether the student may return to his or her school, and if return is recommended, a recommended time for the student’s return to school. A student who is found by the tribunal panel to have committed an act of Type One Physical Violence which involves physical contact of an insulting or provoking nature but does not result in physical harm, may be disciplined by expulsion, long-term suspension, or short-term suspension.

(5) If, after the hearing, the tribunal panel finds that a student is guilty of Type Two Physical Violence which caused the physical harm of a teacher, school bus driver, school official, or school employee, the student shall be expelled from the Emanuel County School System permanently. Upon the review of the Tribunal panel’s decision, the Board of Education, may, in its discretion, permit the student to apply to the Alternative school for the balance of his school career.

(6) If a student who is in Kindergarten through Grade 8 commits Type One Physical Violence, the Board of Education in its discretion and on recommendation of the Hearing, may permit the student to re-enroll in the regular school program for Grades 9-12.

(7) If, at the time a student in grades K-5 has committed Type Two Physical Violence against a school employee and the school system does not operate an Alternative School for Grades K-5, the Board of Education may, in its discretion, permit the student who committed such an act to re-enroll in the school system.

Any student who is found by the tribunal panel to have committed any act of physical violence, whether Type One or Type Two, against a teacher, school bus driver, school official, or school employee shall be referred to Juvenile Court Services with a request for a petition alleging delinquent behavior or shall be reported to the District Attorneys’ Office and to the appropriate law enforcement officials in accordance with the reporting requirements imposed upon school officials by Georgia Law.

State and Federal law provides that this shall not be applied in a manner that will infringe upon any right provided to students with Individualized Education Programs Pursuant to the Federal Individuals with Disabilities Educational Act, Section 504 of the Federal Rehabilitation Act of 1973, or the Federal Americans With Disabilities Act of 1990.

Neither the Emanuel County Board of Education nor any other board of education in Georgia is authorized under Georgia law to enroll a student who has been suspended for committing an act of physical violence which results in substantial injury to a teacher during the term of suspension.