A committee that includes, the school social workers, principals and other school personnel that meet to discuss attendance issues regarding students.

Provides for the safety and security of our schools and answers calls during school hours. For more information, see BOEPD

Provides information and training to parents on Special Education procedures and processes.

(912) 395-1331 or (912) 395-1329

Anonymous tip line for students with information regarding criminal activity on and off campus. (912) 234-2020

24 hour toll free hotline for students to report bullying, bomb threats weapons violations and drugs and alcohol or ANY unsafe situation in a school. 877-729-7867 (877-SAY-STOP)

Assists homeless families, children and youth with school enrollment, academic achievement and school attendance as required by law.

(912) 395-1092

Fore more information, see McKinney-Vento Homeless Education Act

Instructional services available to students who are medically unable to attend school for a minimum of 10 consecutive days or intermittent periods of time throughout the school year, as documented by a licensed medical doctor.

Please see the school guidance counselor for further information or see Hospital/Homebound Services

Ensures that parents, students and schools receive optimum service and assistance in the placement of students within Savannah Chatham County Public Schools.

See SAFSC or call (912) 395-5584

School Bus Transportation School bus transportation provided by SCCPSS for students to and from school, field trips and some after-school activities.

See Transportation or call (912) 395-5591

Provides support services for military connected families

(912) 315-6586

School counselors help students with academic, career and personal/social development through in-class lessons, small groups, and individual counseling.

See Counselors or contact your child’s school

Collaborate with parents, educators and community health care professionals to provide quality health care to students.

Contact your child’s school

Provides nutritionally adequate meals at affordable prices to all elementary and secondary school students.

See SNP or call (912) 395-5548

Provides comprehensive psychological assessments for students referred through the Student Support Team and through Special Education.

See Psychologists or Contact your child’s school

Provides safety and security to schools and answers calls for service during school hours. 

See BOEPD or contact your child’s school

Assist with family concerns and help ensure student success.

Contact your child’s school

Serves as a liaison between the child’s regular school and the alternative school during the disciplinary action.  Conducts hearings for students who are recommended for longterm suspension or expulsion.

See Hearing Office or call (912) 395-5965

Provides academic support to economically disadvantaged students

See Title I or call (912) 395-5635

 

A clothes closet located within each school.  Students without uniforms are allowed to borrow a uniform for the school day to remain in compliance with school uniform policies.  Uniforms must be returned at the end of the school day.

Contact your child’s school for more information or to donate new or gently worn uniforms

Provides information and resources for SCCPSS students, faculty, and staff. Services include wellness and/or mental health assessments, workshops, and individual counseling.

Contact your child’s school or see Counselors

Chatham County Department of Family and Children Services (DFCS)

Financial, nutritional and health care support to families through economic support   and employment services; also social services for at-risk children, families and adults. (912)651-2216

Notification of Rights Under The Protection of Pupils Rights Amendment (PPRA)

The PPRA affords parents of elementary and secondary students certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.  These include, but are not limited to, the right to:

• Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is  funded in whole or in part by a program of the U.S. Department of Education (ED)
  • 1. Political affiliations or beliefs of the student or student’s parent; 
  • 2. Mental or psychological problems of the student or student’s family;
  • 3. Sexual behavior or attitudes;
  • 4. Illegal, anti-social, self-incriminating, or demeaning behavior;
  • 5. Critical appraisals of others with whom respondents have close family relationships;
  • 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
  • 7. Religious practices, affiliations, or beliefs of the student or parents; or
  • 8. Income, other than as required by law to determine program eligibility.
• Receive notice and an opportunity to opt a student out of
  • 1. Any other protected information survey, regardless of funding;
  • 2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
  • 3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
• Inspect, upon request and before administration or use
  • 1.Protected information surveys of students and surveys created by a third party;
  • 2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
  • 3. Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.

SCCPSS has developed and adopted policies (including JR, JR-R and JRA) regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.  SCCPSS will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes.  SCCPSS will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey.  SCCPSS will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time.  For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys.  Parents will also be provided an opportunity to review any pertinent surveys.  Following is a list of the specific activities and surveys covered under this direct notification requirement:

• Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
• Administration of any protected information survey not funded in whole or in part by ED.
• Any non-emergency, invasive physical examination or screening as described above.

Parents/eligible students who believe their rights have been violated may file a complaint with:

PARENT NOTIFICATION  Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW • Washington, D.C. 20202-5920

Notification of Rights Under The Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible stu-dents”) certain rights with respect to the student’s education records.  

These rights are:

• The right to inspect and review the student’s education records within 45 days after the day a District school receives a request for access.
• Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal [or appropriate school official] a written request that identifies the records they wish to inspect.  The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
• The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
• Parents or eligible students who wish to ask to amend their child’s or their education record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed.  If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
• The right to provide written consent before the school discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights.  A school official typically includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforce-ment unit personnel) or a person serving on the school board.  A school official also may include a volunteer, contractor, or consultant who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, electronic data management service provider, electronic educational service provider, communicative service provider, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks.  A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.  The right to file a complaint with the U.S. Department of Education concerning alleged failures by a District school to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA are:

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible stu- dents”) certain rights with respect to the student’s education records. FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes information such as student’s name, parent’s name, address and telephone number, student’s photograph, birth date, class/grade level, enrollment dates, weight/height if a member of an athletic team, awards received, and extracurricular participation.

SCCPSS may disclose “limited directory information” without consent if it has given public notice of the types of information which it has designated as “directory information,” and the parent’s or eligible student’s right to restrict the disclosure of such information.

The notification can be found in the Student Code of Conduct, SCCPSS Registration Packet, and online at www.sccpss.com. The allowance of the release of Directory Information will remain active until rescinded. SCCPSS may disclose directory information about former students without complying with the notice and opt out conditions; however, must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request. Parents and eligible students may not, by opting out of directory information, prevent a school from requiring a student to wear or present a student ID or badge, or prevent SCCPSS from disclosing or requiring a student to disclose the student’s name, identifier, or institutional email address in a class in which the student is enrolled.

Federal legislation requires the disclosure of names, addresses, and telephone numbers of high school students upon request by military recruiters and institutions of higher learning unless individual students age 18 or older or students’ parents request that the information not be released.

The inclusion of directory information allows SCCPSS to provide information from a student’s education record in certain publications, such as:

• A playbill, showing your student’s role in a drama production;
• The annual yearbook;
• Honor roll or other recognition lists;
• Graduation programs; and,
• Sports activity sheets showing name, weight, and height of team members.

SCCPSS reserves the right to limit the release of Directory Information to those with whom the district has an educational partnership, contract, or written agreement.

FERPA also permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose (PII) from the education records of a student without obtaining prior written consent of the parents or the eligible student –

•   To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has out- sourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))

•   To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))

•   To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency (SEA) in the parent or eligible student’s State. Disclosures under this provision may be made, subject to the requirements of § 99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met. (§§ 99.31(a)(3) and 99.35)

•   In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))

•   To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to § 99.38. (§ 99.31(a)(5))

•   To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests;

(b) administer student aid programs; or (c) improve instruction, if applicable requirements are met. (§ 99.31(a)(6))

•   To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))

•   To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))

•   To comply with a judicial order or lawfully issued subpoena if applicable requirements are met. (§ 99.31(a)(9))

•   To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))

•   Information the school has designated as “directory information” if applicable requirements under § 99.37 are met. (§ 99.31(a)(11))

•   To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. (20 U.S.C. § 1232g(b)(1)(L))

•   To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 U.S.C. § 1232g(b)(1)(K))

Every Student Succeeds Act: Parent’s Right to Know Professional Qualifications of Teachers and Paraprofessionals

In accordance with Every Student Succeeds Act of 2015, all Districts are required to notify parents at the beginning of each school year

of their ‘Right to Know’ the professional qualifications of their student’s classroom teachers and paraprofessionals.

In Compliance with the requirements of the Every Student Succeeds Act, the Savannah-Chatham County Public School System would like to inform you that you may request information about the professional qualifications of your student’s teacher(s) and/or paraprofessional(s). The following information may be requested:

(1) Whether the student’s teacher— (a) has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; (b) is teaching under emergency or other provisional status through which State qualifica- tion or licensing criteria have been waived; and, (c) is teaching in the field of discipline of the certification of the teacher.

(2) Whether the child is provided services by paraprofessionals and, if so, their qualifications.

Melissa Sukanek, Director of Compensatory Programs

402 Market Street, Garden City, Georgia 31408 (912) 395 - 5635

Child Nutrition Eligibility

It is the intent of Congress that nutritious meals and milk be available to all schoolchildren regardless of the household’s ability to pay. In order for your child to be eligible for free or reduced price benefits, the child must have been directly certified or your household must have submitted a complete application and be either categorically or income eligible. Applications and explanatory materials can be picked up from your child’s current school. In accordance with Federal law and U.S. Department of Agriculture policy the Savannah-Chatham County Public School System is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. You may file a complaint of discrimination by writing to the following address:

USDA Director, Office of Civil Rights

Room 326-W, Whitten Building, 1400 Independence Avenue, SW • Washington, D.C. 20250-9410

Notification of Rights Under The Individuals With Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA), the Federal law concerning the education of students with disabilities, requires

schools to provide parents of a child with a disability with a notice containing a full explanation of the procedural safeguards available

under the IDEA and U.S. Department of Education regulations.

Notice

Your school district must give you written notice (provide you certain information in writing), whenever the school system:

1.  Proposes to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE) to your child; or

2.  Refuses to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of FAPE to your child.

Content of notice

The written notice must:

1.  Describe the action that your school district proposes or refuses to take;

2.  Explain why your school district is proposing or refusing to take the action;

3.  Describe each evaluation procedure, assessment, record, or report your school district used in deciding to propose or refuse the action;

4.  Include a statement that you have protections under the procedural safeguards provisions in Part B of the IDEA;

5. Tell you how you can obtain a description of the procedural safeguards if the action that your school district is proposing or refusing is not an initial referral for evaluation;

6.  Include resources for you to contact for help in understanding Part B of the IDEA;

7. Describe any other choices that your child’s individualized education program (IEP) Team considered and the reasons why those choices were rejected; and

8.  Provide a description of other reasons why your school district proposed or refused the action.

Destruction of Special Education Records

According to local, state, and federal law, special education records can be destroyed once they are no longer needed to provide services to the student. Any parent/guardian or student who has reached the age of majority (18 years) has ninety (90) days from the date of this notice to request special education records that will be destroyed as a consequence of them no longer being needed to provide services to said student.

Dr. Michelle Finch, Section 504 Coordinator, 2001 Cynthia Street, Savannah, GA 31415 Phone (912) 395-5877 • Marion.finch@sccpss.com

The following section applies to students covered under Section 504 of the Rehabilitation Act of 1973: Notice of Rights of Students and Parents Under Section 504

Section 504 of the Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a nondiscrimination statute enacted by the United States Congress. The purpose of Section 504 is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to non-disabled students. For more information regarding Section 504, or if you have questions or need additional assistance, please contact your local system’s Section 504 Coordinator at the following address:

The implementing regulations for Section 504 as set out in 34 CFR Part 104 provide parents and/ or students with the following rights:

1. Your child has the right to an appropriate education designed to meet his or her individual educational needs as adequately as the needs of non-disabled students. 34 CFR 104.33.

2. Your child has the right to free educational services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third parties who provide services not operated by or provided by the recipient are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. 34 CFR 104.33.

3. Your child has a right to participate in an educational setting (academic and nonacademic) with non-disabled students to the

maximum extent appropriate to his or her needs. 34 CFR 104.34.

4. Your child has a right to facilities, services, and activities that are comparable to those provided for non-disabled students. 34 CFR

104.34.

5. Your child has a right to an evaluation prior to a Section 504 determination of eligibility. 34 CFR 104.35.

6. You have the right to not consent to the school system’s request to evaluate your child. 34 CFR 104.35.

7. You have the right to ensure that evaluation procedures, which may include testing, conform to the requirements of 34 CFR 104.35.

8. You have the right to ensure that the school system will consider information from a variety of sources as appropriate, which may include aptitude and achievement tests, grades, teacher recommendations and observations, physical conditions, social or cultural background, medical records, and parental recommendations. 34 CFR 104.35.

9. You have the right to ensure that placement decisions are made by a group of persons, including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR 104.35.

10. If your child is eligible under Section 504, your child has a right to periodic reevaluations, including prior to any subsequent

significant change of placement. 34 CFR 104.35.

11. You have the right to notice prior to any actions by the school system regarding the identification, evaluation, or placement of your child. 34 CFR 104.36.

12. You have the right to examine your child’s educational records. 34 CFR 104.36.

13. You have the right to an impartial hearing with respect to the school system’s actions regarding your child’s identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 CFR 104.36.`

14. You have the right to receive a copy of this notice and a copy of the school system’s impartial hearing procedure upon request. 34 CFR 104.36.

15. If you disagree with the decision of the impartial hearing officer (school board members and other district employees are not considered impartial hearing officers), you have a right to a review of that decision according to the school system’s impartial hearing procedure. 34 CFR 104.36.

16. You have the right to, at any time, file a complaint with the United States Department of Education’s Office for Civil Rights.

Reporting and Addressing Discrimination Against a Student on the Basis of Disability by District Staff, District Students and Third Parties Students have the right to be protected from harassment and discriminatory treatment on the basis of their disability by District staff.

The grievance procedure for challenging and addressing the harassment or discrimination by a particular District employee is included under GAEB-R. You can initiate the discrimination grievance process against a District employee by completing the appropriate section of the JAA-E Grievance Form and submitting it with the District’s Section 504 Coordinator.

If you have information that your child is being bullied and harassed on the basis of their disability by another student or students, we ask that you report the matter to your child’s principal for a site based response. Harassing a student on the basis their disability is considering bullying. The District’s bullying policy entails administrative actions and disciplinary consequences in response to student bullying. Please see District Policy JCDAC and the Student Code of Conduct for more information on the District’s anti-bullying policies and procedures. The JAA-R Grievance Form enables you to raise concerns about student-based disability discrimination and harassment with the Section 504 Coordinator.

If you contend that a third party who is neither a District employee or student is discriminating against your student on the basis of your student’s disability, please report your concern directly to the District’s 504 Coordinator using the written grievance form. The District is committed to take steps to correct the discriminatory effects of harassing conduct by all individuals who have access to our educational programs and activities. The JAA-R Grievance Form enables you to raise concerns about third party disability discrimination and harassment in school program settings with the Section 504 Coordinator.

If you contend that the District is disregarding, allowing or enabling the discriminatory conduct of other students, staff members or third

parties, you may request an impartial hearing in accordance with the procedural safeguards set forth below.

Section 504 Procedural Safeguards

1. Overview: Any student, or parent or guardian (‘’grievant”) may request an impartial hearing due to the school system’s actions or inactions regarding your child’s identification, evaluation, or educational placement under Section 504. Requests for an impartial hearing must be in writing to the school system’s Section 504 Coordinator; however, a grievant’s failure to request a hearing in writing does not alleviate the school system’s obligation to provide an impartial hearing if the grievant orally requests an impartial hearing through the school system’s Section 504 Coordinator. The school system’s Section 504 Coordinator will assist the grievant in completing the written Request for Hearing.

2. Hearing Request: The Request for the Hearing should be made through the submission of the JAA-E Equal Education Opportunities

- Disability-Based Discrimination Grievance Form to the 504 Coordinator by email, mail or hand delivery.

The District will respond to written requests for hearing under this Regulation made through other means. An alternative request for a hearing should include the following:

a. The name of the student.

b. The address of the residence of the student.

c. The name of the school the student is attending.

d. The decision that is the subject of the hearing.

e. The requested reasons for review.

f. The proposed remedy sought by the grievant.

g. The name and contact information of the grievant.

Within 10 business days from receiving the grievant’s completed JAA-E Grievance Form or an alternative and sufficient Request for

Hearing, the Section 504 Coordinator will acknowledge the Request for Hearing in writing and schedule a time and place for a hearing.

If the written Request for Hearing does not contain the necessary information noted above, the Section 504 Coordinator will inform the grievant of the specific information needed to complete the request. All timelines and processes will be stayed until the Request for Hearing contains the necessary information noted above.

Requests for hearing that do not concern the District’s identification, evaluation or educational placement of a grievant or grievant’s

student shall not be granted under this Regulation.

3. Mediation: The school system may offer mediation to resolve the issues detailed by the grievant in his or her Request for Hearing. Mediation is voluntary and both the grievant and school system must agree to participate. The grievant may terminate the mediation at any time. If the mediation is terminated without an agreement, the school system will follow the procedures for conducting an impartial hearing without an additional Request for Hearing.

4. Hearing Procedures:

a. The Section 504 Coordinator will obtain an impartial review official who will conduct a hearing within 45 calendar days from the receipt of the grievant’s Request for Hearing unless agreed to otherwise by the grievant or a continueances granted by the impartial review official.

b.  Upon a showing of good cause by the grievant or school system, the impartial review official, at his or her discretion, may grant

a continuance and set a new hearing date. The request for a continuance must be in writing and copied to the other party.

c.  The grievant will have an opportunity to examine the child’s educational records prior to the hearing.

d.  The grievant will have the opportunity to be represented by legal counsel at his or her own expense at the hearing and participate, speak, examine witnesses, and present information at the hearing. If the grievant is to be represented by legal counsel at the hearing, he or she must inform the Section 504 Coordinator of that fact in writing at least 10 calendar days prior to the hearing. Failure to notify the Section 504 Coordinator in writing of representation by legal counsel shall constitute good cause for continuance of the hearing.

e.  The grievant will have the burden of proving any claims he or she may assert. When warranted by circumstances or law, the impartial hearing officer may require the recipient to defend its position/decision regarding the claims (i.e. A recipient shall place a disabled student in the regular educational environment operated by the recipient unless it is demonstrated by the recipient that the education of the person in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. 34 C.F.R.§104.34). One or more representatives of the school system, who may be an attorney, will attend the hearing to present the evidence and witnesses, respond to the grievant testimony and answer questions posed by the review official.

f.   The impartial review official shall not have the power to subpoena witnesses, and the strict rules of evidence shall not apply to hearings. The impartial review official shall have the authority to issue pre-hearing instructions, which may include requiring the parties to exchange documents and names of witnesses to be present.

g.   The impartial review official shall determine the weight to be given any evidence based on its reliability and probative value.

h.   The hearing shall be closed to the public.

i.   The issues of the hearing will be limited to those raised in the written or oral request for the hearing.

j.   Witnesses will be questioned directly by the party who calls them. Cross-examination of witnesses will be allowed. The impartial review official, at his or her discretion, may allow further examination of witnesses or ask questions of the witnesses.

k.  Testimony shall be recorded by court reporting or audio recording at the expense of the recipient. All documentation related to the hearing shall be retained by the recipient.

l.   Unless otherwise required by law, the impartial review official shall uphold the action of school system unless the grievant can

prove that a preponderance of the evidence supports his or her claim.

m. Failure of the grievant to appear at a scheduled hearing unless prior notification of absence was provided and approved by the impartial review official or just cause is shown shall constitute a waiver of the right to a personal appearance before the impartial review official.

n.  Decision: The impartial review official shall issue a written determination within 20 calendar days of the date the hearing concluded. The determination of the impartial review official shall not include any monetary damages or the award of any attorney’s fees.

o.   Review: If not satisfied with the decision of the impartial review official, any party may pursue any right of review, appeal, cause of action or claim available to them under the law or existing state or federal rules or regulations.

Communication between the parents and the school is essential. Parents have the right to limit the literature that is available to their children through the Library Media Center. If a parent has circulation restrictions they wish to place on their child's ability to check out certain books, they can contact the Library Media Technology Specialist. If a parent would like to challenge the material for an entire school, Board Policy IKBC: Material Harmful to Minors Complaint Resolution Process allows the parent to bring complaints to the Principal for review and resolution.

Nondiscrimination Notice

The Equity in Sports Act is a state law which prohibits discrimination based on gender in athletic programs of local school systems. The Savannah-Chatham County Public School System does not discriminate on the basis of gender in its athletic programs. Inquiries or complaints concerning sports equity in this school system may be submitted to the sports equity coordinator listed below:

John Sanders

Athletics, Health and Physical Education Department 3609 Hopkins St., Room 4 • Savannah, Georgia 31405

Phone: (912) 395-5531 • Fax: (912) 201-5881

Notification of Rights Under The McKinney-Vento Act

The McKinney-Vento Homeless Education Assistance Act is designed to address the problems that homeless children and youth have

faced in enrolling, attending, and succeeding in school.

If your family lives in one of the following situations:

1.  In a shelter, motel, vehicle, or campground

2.  On the street

3.  In an abandoned building, trailer, or other inadequate accommodations, or

4.  Doubled up with friends or relatives because of a lack of affordable housing

Then the school aged children in your family have a right to:

1.  Go to school no matter where they live or how long they have lived there

2.  Continue in the school they attended before the family became homeless, if that is the parent’s choice and it is feasible

3.  Receive transportation to the school they attended before your family became homeless

4.  Participate in school programs with children who are not homeless

5.  Enroll in school without giving a permanent address

6.  Enroll and attend classes while the school arranges for the transfer of any records or documents required for enrollment

7.  Receive the same special programs and services as all other children

Inquiries or complaints concerning educational services for homeless students in this school system may be submitted to:

Mrs. Sharon Hill • Homeless Liaison 400 East Broad Street Savannah, GA 31401

Phone: (912) 395-1092 • Fax: (912) 201-2155

Asbestos Hazard Emergency Response Act (AHERA) Notice

The Asbestos Hazard Emergency Response Act (AHERA) requires schools to be inspected to identify any asbestos containing building materials. The Savannah-Chatham County Public School System, in compliance with AHERA, has developed an asbestos management plan concerning the presence or suspected presence of asbestos containing building materials within school buildings, and required inspections and preventive measures related thereto. In accordance with AHERA, members of the public, including par- ents, teachers, and other employees, shall be permitted access to the Savannah-Chatham County Public School System’s asbestos management plan.

Upon request, the Savannah-Chatham County Public School System shall permit members of the public, including parents, teachers and other employees, to inspect any asbestos management plan. Access shall be granted to such management plans within a reason- able period of time after a request from a member of the public is received. The designated Department for the asbestos program is:

Maintenance & Operations

2219 Gamble Road • Savannah, Georgia 31405 Phone: (912) 395-5563 • Fax: (912) 201-5494

•   All schools will have khaki pants/bottoms and white tops. The uniform committee may choose one additional color pants/bottoms and one additional top color. Plaid skirts and jumpers may be worn.

•   Solid navy, black, khaki or plaid (as specified by each school uniform committee) shorts, skirts, skorts, jumpers, capri pants or pants/slacks (no knit pants, jogging or cargo pants; no zippers or pockets on pant legs). Pants/slacks must be belted and made of standard uniform material (cotton and/or twill). Pants/slacks must be of appropriate size, be worn at the natural waist, and not drag the floor. Pants should not be too tight. No denim jeans, skirts, etc. Shorts, skirts, skorts and jumpers must be no shorter than three inches above the knee. Pants/slacks, skirts, skorts, shorts and jumpers must have a finished hem.

•   Tops must be solid white and other solid color(s) as selected by each school uniform committee. Tops may be polo-style shirts, collared blouses or turtlenecks. Shirts may have the school insignia, if one is available, but no other ornamentation is permitted. Tops must not expose any of the midriff or lower back. Fishnet tops, halter tops, tube tops, strapless tops, tanks tops, spaghetti straps and other forms of transparent or revealing clothing are prohibited and should not be visible at any time. Oversized tops may not be worn.

•   All shoes must be enclosed and fastened/tied properly.

•   Tights, leggings hose or socks may be worn. Tights and socks must be solid navy, black or white with no design. Hose without design may be worn. Tights and leggings may not be worn as an outer garment.

•   Solid colored sweaters, vests or sweatshirts may be worn over uniform shirts. Hooded sweatshirts are not allowed at any time.

•   No hats, caps, or sunglasses may be worn in the building.

•   Coats and jackets must be worn open while in the building.

•   Extreme hair color/style that causes a disruption, or interferes with the learning environment will not be allowed.

•   Body piercing that causes a disruption, or interferes with the learning environment will not be allowed.

•   Belts must be worn if pants, skirts, skorts or shorts have belt loops. Belts must be solid navy, black or brown and worn inside the belt loops. Belt buckles must not be oversized, computerized or have any writing that is considered offensive.

•   No oversized/baggy garments.

•   No oversized jewelry and/or accessories with inappropriate emblems and/or writing may be worn.

•   Only white T-shirts may be worn under uniform shirts.

•   Undergarments must not be visible.

•   School ID badges must be worn and visibly displayed while on campus and while attending all school sponsored field trips

(grades 6 through 12).

•   Handbags, purses, pocketbooks, and similar items must be no larger than 8.5 X 11 inches (size of a regular sheet of paper), 3 to 4 inches thick and must not be large enough to contain a regular sized textbook.

•   All book bags, tote bags, backpacks, athletic bags and all other similar items must have the contents clearly visible (see-through clear plastic or mesh). Any bag needed for after school events, which is not mesh or clear plastic, must be checked in at the beginning of the day and left with the student’s teacher or with the student’s coach during the school day.

Students assigned to alternative school sites and/or program other than their home school will wear the uniform consistent with the dress code of that site.

Parents/legal guardians may request an exemption from a mandatory school uniform program for medical, religious or other justifiable reasons. A request for an exemption must be made within ten (10) operational days of the beginning of the school year. ( Note: The term, “operational days,” is defined as days that school are in session.) Medical exemption requests must be signed by a medical doctor. See your school principal for further information.

A written request for an exemption must be submitted to the school principal using the Application for Exemption Form that can be obtained from the school. The request must be completed truthfully and correctly and signed by a physician, if the request is for medical reasons.

The school principal or his designee must meet with the parents/legal guardians within five (5) operational days. The principal will discuss the School Uniform - Policy JCDB and verify the accuracy of the information on the Exemption Form.

The parents/legal guardians will be notified in writing of the outcome of the conference within three (3) operational days. The principal will note the finding to grant or deny the request on the application, sign off on the application and forward a copy to the Superintendent or his designee.

The Superintendent or his designee will affirm or deny the principal’s decision. If the parent/legal guardian does not agree with the decision, they have a right to appeal to the Board within five (5) operational days. Consideration for exemption will be reviewed on a case by case basis.

No student will be considered non-compliant for the following reasons:

•     An exemption has been established or is being appealed.

•     The principal has established “non-uniform” day.

•     A student is on campus outside of normal school hours.

•     A student wears a button, armband or other accouterment (accessories) to exercise a constitutionally protected right to freedom of expression.

• A student wears the uniform of a nationally recognized youth organization such as the Boy Scouts or the Girl Scouts on regular meeting days.

Buttons, armbands or other accouterment that signifies or is related to gangs, gang membership or gang activity or is disruptive to school safety and discipline are prohibited.

•School ID badges must be worn and visibly displayed while on campus and while attending all school sponsored field trips (grades 6 through 12).

•Body piercing that causes a disruption, or interferes with the learning environment will not be allowed.

• Tops must not expose any of the midriff or lower back. Fishnet tops, halter tops, tube tops, strapless tops, tank tops, spaghetti straps and other forms of transparent or revealing clothing are prohibited and should not be visible at any time.

•Pants must be of appropriate size, be worn at the natural waist, and not drag the floor.

• Belts, if worn, must be buckled.

• Shorts, skirts, jumpers and dresses must have a finished hem and extend to the length of the tip of the longest extended finger when student is standing upright with hands by his/her side.

• Undergarments must not be visible.

• All book bags, tote bags, backpacks, athletic bags and all other similar items must be see-through, clear plastic or mesh. Any bag needed for after school events, which is not mesh or clear plastic, must be checked in at the beginning of the day and left with the student’s teacher or with the student’s coach during the school day.

Any child subject to compulsory attendance who during the school calendar year has more than ten (10) days of unexcused absences is considered truant. Out-of-school suspension, absences are not considered, unexcused in determining truancy.

Absences are excused for personal illness, serious illness or death of a student’s immediate family member, observance of religious holidays, active duty military family leave, orders of governmental agencies, conditions rendering attendance impossible or hazardous to student health or safety, or participation in approved school activities.

Any student whose parent/legal guardian is being sent overseas for active duty or returning from active duty shall be granted up to a maximum of five (5) excused absences per school year.

Homebound/hospital instruction can be provided for students who have a chronic illness or who need to be absent from school for ten (10) or more consecutive days due to a long term illness or injury. A parent application and physician certification is required.

After school officials have exhausted all of their efforts and consider a student to have excessive or unexplained absences, a referral may be made to the social worker. The social worker, using home visits and/or assistance from community resources, will document and/or attempt to resolve the problem with the student and the family.

The social worker shall prepare the case for Juvenile or State Court action if it is necessary for the welfare of the child and if they have followed the due process rights of the parent/legal guardian and child. School personnel having direct knowledge of a student's truancy will cooperate and assist the school social worker and possibly testify in court.

Penalties may include a conference with the student and/or parent/legal guardian; detention before or after school or on Saturday; ineligibility for or delay in applying for an instruction permit or drivers license; referral to the school counselor or social worker; possible charges filed in juvenile court if student is under sixteen (16) years of age; possible charges against the parent/legal guardian in the appropriate court or withdrawal from school if the student is sixteen (16) years of age or older. Court penalties may include fines; community service; mandated counseling; mental health treatment; probation; or incarceration.

 

For more information regarding attendance and truancy please refer to policy JBA & JBA-R (1)

A referral to court may be made by Campus Police for students OF ANY AGE who exhibit the following behavior(s):

a.  Aggravated assault

b.  Arson or attempted arson

c.  Assault or battery of a school employee

d.  Bomb threats, or other false reports to 911 or the school office

e.  Commission of any act which constitutes a felony

f.   Criminal/delinquent acts of extortion or attempted extortion, harassment, or intimidation

g.  Fireworks, stink bombs, or other explosives: Possession, distribution, use, or lighting of

h.  Participating in and/or instigating a riot (major disturbance) within a group or gang

i.   Possession or use of any dangerous instrument which may be used to inflict bodily harm including a firearm, knife with a blade

of any length, razor blade, box cutter, and/or starter pistol

j.   Possession or use of mace, pepper gas, tear gas, etc.

k.  Public lewdness or indecent exposure (indecent exposure referred to court)

l.   Retaliating against a school employee, either on or off school property

m.  Severe false accusations of employee by student

n.  Severe violent behavior on school property or at a school function

o.  Sexual harassment or misconduct

p.  Terroristic threat

q.  The use of illicit drugs and the unlawful possession and use of alcohol are wrong, harmful and illegal; therefore, no student shall possess, sell, use, transmit, handle, display, distribute, or otherwise use or be under the influence of any narcotic, hallucinogenic drug, amphetamine, barbiturate, marijuana, any other controlled substance, drug paraphernalia, over the counter or prescription medication, alcoholic beverage, intoxicant of any kind or any substance represented to be illegal drugs or imitation controlled substance while on school property, on the way to and from school, or at a school-sponsored function.

r.   Trespassing or presence on school property while suspended/expelled constitutes criminal trespass.

s.  Violence, and acts of assault and/or battery.

•  A juvenile court referral does not always result in a student being taken to the Youth Detention Center (YDC) from school. Upon receipt of a referral, the court will process the report and will handle it in the usual manner. Students may, however, be transported to YDC depending on the nature of the offense and the student’s previous delinquent acts record.

•  Any offense (even those not listed) may be referred to the Juvenile Court system.

•  Students placed on suspension or expulsion will be prohibited from attending or participating in any school-sponsored or school- related activities and prohibited from being on any Board of Education campus except their assigned alternative site

Students having information filed against them or who are indicted, adjudicated guilty or convicted by the courts of a designated felony act regardless of where the act occurred, SHALL BE placed in an alternative setting determined by the District Placement Team.

a.  Adjudicated guilty of a designated felony act (Policy JD)

b.  Aggravated assault, sexual assault, or aggravated battery

c.  Arson - first degree and second degree

d.  Conduct punishable as a designated felony act with respect to trafficking marijuana, cocaine, illegal drugs or methamphetamine

e.  Kidnapping or Attempted Kidnapping

f.   Armed Robbery, Robbery or Robbery without a firearm

g.  Attempted Murder

h.  Uses, exhibits, or possesses a firearm, an illegal knife or club, any other prohibited weapon in violation of O.C.G.A. §16-11-127.1, or is in violation O.C.G.A. §16-7-82, 16-7-84 and 16-7-86

i.   Hijacking a motor vehicle

j.   Racketeering or violation of O.C.G.A. § 16-10-52

k.  Battery in violation of O.C.G.A. § 16-5-23.1(i) if the victim is a teacher or other school personnel and if done by a juvenile 13 or more years

of age

l.   Any violation of O.C.G.A. §15-11-2(12) and (13) including, but not limited to, the following:

• Aggravated Child Molestation	• Rape	• Voluntary Manslaughter
• Aggravated Sexual Battery	• Murder	• Armed Robbery, if committed with a firearm
• Aggravated Sodomy	• Murder in the 2nd Degree

Complying with Directions/Commands & Policies

No student shall fail to comply with directions or commands of principals, assistant principals, teachers, student teachers, substitute teachers, teacher aides, school bus drivers, or other authorized school personnel. No student shall willfully and persistently violate the Student Code of Conduct or any administrative policy of a school or the system as a whole.

Disruption and Interference with School

No student shall disrupt or otherwise interfere with the orderly operation of school or school activities.

Substantial Disruption and Clear Danger

No student shall cause substantial disruption of the school environment or present a clear danger to any other student(s) or school

Committing Illegal Acts

No student shall commit any illegal act. Acts which will not be permitted include, but are not limited to, violation of any federal, state or local law, possession and/or discharge of fireworks, obscene and indecent acts, libelous or slanderous acts toward other students, teachers, administrators, other school personnel or other persons.

Damaging, Destroying or Vandalizing Property

No student shall willfully or maliciously damage, mark, deface, destroy or vandalize real or personal property of another student, other persons legitimately at the school or of the Board of Education during or after school hours.

Bullying and Cyberbullying

Bullying is a pattern of behavior, which may include written, verbal, or physical acts, that is so severe,persistent, or pervasive so as to have the effect substantially interfering with a student's education,threatening the educational environment, or causing substantial physical harm or visibly bodily harm.

No student shall sexually, emotionally, verbally, physically, or by any communication by telephone, mail,broadcast, computer,

computer network, or by any other electronic device or through the use of electronic communication as defined in O.C.G.A. 20-2-

751.4 or otherwise harass, threaten, intimidate, or bully or cyberbully any student, teacher, school employee, or other person (See Student Code of Conduct Procedure 4). Any student, in grades 6-12, committing the offense of bullying for the third time in a school year, shall be assigned to an alternative school pursuant to O.C.G.A. 20-2-751.4. Any form of harassment, threats,intimidation, or bullying or cyberbullying shall be promptly reported to an administrator or counselor.Teachers may be notified to maintain classroom discipline.

Bullying can consist of acts that qualify as sexual harassment. Such acts must be first addressed through the District's Sexual

Harassment Protocol prior to the District taking any disciplinary action based on such acts.

Assault, Battery, and Threatening Others

No student shall assault, commit battery upon, threaten, or otherwise abuse any student, teacher, school employee or other person. A student may be referred for permanent expulsion for violation of this section.

Conduct prohibited under Rule 7 can qualify as sexual harassment. Such acts must be first addressed through the sexual harassment

due process framework found in Board Regulation JCE-R prior to the District taking any disciplinary action based on such acts.

Sexual Harassment

Sexual harassment is hereby defined as unwelcome conduct of a sexual nature that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or a related activity. Sexual harassment also includes the federal offenses of sexual assault, dating violence,domestic violence and stalking.

Sexual harassment is prohibited by the District and can result in remedial and disciplinary consequences when the District complies with its Sexual Harassment Protocol.

Conduct that is not of a sexual nature that results in harassment on the basis of a persons personal traits or status (including sex, sexual orientation and gender identity) is not sexual harassment for the purpose of this rule. Such conduct can be addressed as violations of Rule 6 or Rule 7 above if the elements of those offenses are met.

Any staff member who has actual knowledge about sexual harassment covered by Rule 8 shall report it to the Title IX Coordinator.

Physical Violence Toward School Staff or Bus Drivers

No student shall commit any act of physical violence as defined in Student Code of Conduct, Procedure 6 against a teacher, school bus driver, school official, or school employee (O.C.G.A. § 20-2-751.6). A student shall be referred to a disciplinary hearing for violation of this section. A student found to have committed an act of physical violence by intentionally making physical contact of an insulting and provoking nature [Student Code of Conduct, Procedure 6 (1)] may be disciplined by short-term suspension, long-term suspension or expulsion. A student found to have committed an act of physical violence by intentionally making physical contact which causes physical harm [Student Code of Conduct, Procedure 6 (2)] shall be permanently expelled and, if applicable, referred to juvenile court.

Physical Assault and Bullying on a School Bus

No student shall engage in bullying as defined in O.C.G.A. § 20-2-751.4(a) or in physical assault, battery, other unruly behavior, verbal assault or disrespectful conduct toward the bus driver or others. If a student is found to have engaged in bullying, a meeting of the parent of the student and appropriate school district officials shall be required to develop a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Procedures for developing the contract are outlined in See Student Code of Conduct, Procedure 4.

Weapons and Dangerous Instruments

(a) No student shall possess, handle, display, discharge, transmit or otherwise use any handgun, firearm, rifle, shotgun, firearm as defined in O.C.G.A §16-11-106 and 16-11-131 or any weapon designed or intended to propel a missile of any kind or similar weapon; any explosive compound or incendiary device; or any other dangerous weapon as defined in O.C.G.A. § 16-11-121, including a rocket launcher, bazooka, recoilless rifle, mortar or hand grenade.

(i) A student shall be referred for a Full Calendar Year Expulsion for violating subparagraph (a). See Student Code of Conduct Procedures 7, 14 and 15.)

(ii) The Superintendent or his/her designee shall have the authority, pending a student disciplinary hearing, to reduce the Full Calendar Year Expulsion under circumstances where it appears to be excessive.

(iii) The School Disciplinary Hearing Officer shall also have the authority to modify a Full Calendar Year Expulsion on an individual basis.

(vi) On appeal to the Board, a Full Calendar Year Expulsion may be reduced after considering the prior actions of the Superintendent and the School Disciplinary Hearing Officer.

(b) No student shall possess, handle, display, discharge, transmit or otherwise use any hazardous object, including any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon- type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any instrument of like kind, any nonlethal air gun, any stun gun or taser, chemical mace, tear gas, pepper gas or other offensive irritant aerosols. Such term shall not include any of these instruments used for classroom work authorized by the teacher.

(i)  Students violating subparagraph (b) by bringing weapons to school, on school property, in a building owned or leased by the school district, at a school function, to school related activities, or on a bus or other transportation provided by the school district and that meets the state law definition or Board definition of weapons may be subject to discipline as specified in the Student Code of Conduct (See Student Code of Conduct procedures 7, 14 and 16).

(ii)  Weapons include the objects listed in subparagraphs (a) and (b) and also include any object that reasonably can be considered a weapon or have the appearance of a weapon (See Student Code of Conduct Procedure 7).

(iii)  Principals have the authority to ban or confiscate any item that in their judgement, may be used as a weapon to cause bodily

harm either to students, themselves or others.

(c) All employees must report violations of this policy to the principal or assistant principal of the school. If the principal has reasonable cause to believe that a report is valid, he/she must immediately make an oral report to the Superintendent and to the appropriate law enforcement authority and district attorney.

The student's parents or guardian will be notified immediately of his/her child's involvement in any activity involving weapons.

Students will be given a copy of the Code of Conduct, which includes a statement of prohibited conduct with regard to weapons and possible disciplinary actions

Using or Threatening to use a Deadly Weapon and Bomb/Terroristic Threats

Any student who uses, or threatens to use a deadly weapon, including, but not limited to, a firearm or knife, which may cause bodily harm or death, shall be subject to permanent expulsion. Students participating in or making a bomb or terroristic threat shall be subject to permanent expulsion. Student conduct off school grounds that has a direct and immediate effect on maintaining order or discipline in schools, or maintaining the safety and welfare of the students and staff, or off-campus conduct which could result in the student being criminally charged with a felony and when the student's continued presence at school becomes a potential danger to persons or property at the school, shall be subject to Board of Education discipline policies.

Tobacco, Alcohol and Other Drugs/Psychoactive Substances

The use and/or possession of tobacco including e-cigarettes, by students in any form is prohibited: a) on any school property; b) or any other property of the Board of Education; c) while riding as passengers on vehicles operated by the Board of Education; or

d) while participating in or attending any school sponsored event at any time.

The use of illicit drugs and the unlawful possession and use of alcohol are wrong, harmful and illegal; therefore, no student shall

possess, sell, use, transmit, handle, display, distribute, otherwise use or be under the influence of any:

• narcotic • hallucinogenic drug • amphetamine • barbituate • stimulant • depressant

• marijuana • marijuana flavored products • other controlled substance • drug paraphernalia • over the counter or prescription medication(s)

• alcoholic beverage • intoxicant of any kind or • substance represented to be illegal drugs or imitation controlled substance

• substances that contain chemicals which produce the same or similar effect of illegal substances including, but not limited to:

psychoactive synthetic drugs, synthetic cathinones, synthetic cannabinoids, "Spice","K-2", "Blaze" and "Red Dawn".

A student may be referred for permanent expulsion for violating the section on illicit drugs and alcohol.

Vaping paraphernalia is prohibited on school grounds. KG-R (1). * Kraton is considered an illicit drug.

Absenteeism

No student shall be absent from school or from any class or required school function during school hours without the written permission of the parent/guardian and/or the approval of the principal, except in cases of personal illness or other providential cause.

Dress Code

Students shall comply with the District's Student Dress Code Pre-K through 12, as well as any and all individual school dress requirements. (see Policy JCDB) (See page 28)

Dress Code

Students shall comply with the District's Student Dress Code Pre-K through 12, as well as any and all individual school dress requirements. (see Policy JCDB) (See page 28)

Verbal Assault and Physical Assault

No student shall verbally assault, threaten violence or physically assault other students, teachers, adminstrators, other school personnel or persons attending school-related functions.

Disrespectful Conduct

Students shall not become involved in disrespectful conduct or use vulgar or profane language toward other students, teachers, administrators, other school personnel or persons attending school-related functions.

False Reporting

No student shall make materially false statements in bad faith in connection with reporting information regarding instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student during or after school hours. A materially false statement can be false based on the intentional omission of a relevant and material fact known the reporting student. Any student having knowledge of such instances shall follow the procedures in Board Regulation JD-R (Student Code of Conduct, Procedure 26).

Passive Participation

No student shall incite, advise, encourage or counsel other students to engage in prohibited acts, be a passive participant or be an accomplice to a violation of the Student Code of Conduct, federal and/or state laws.

Internet/Electronic Use

See Policy IFBG (Internet Acceptable Use), IFBG and IFBG-E (1) and (2)

(Student Code of Conduct, Procedure 1)

The student code of conduct will be provided to students and parents in which it is explained what acts are considered misconduct and the possible consequences of misconduct. The code of conduct can be provided through electronic means. Parents and students are required to acknowledge that they have received and read the code of conduct and are aware of the expectations and consequences related to behavior found in the code of conduct. A record of acknowledgement can be established through electronic means. The acknowledgment of a middle or high school student will verify notification to parents and students of the system's expectations. The contract shall be maintained at the school throughout the school year. In addition, specific information about alcohol and other drug prevention shall be given to students which includes, but is not limited to, the following:

1. statements directly explaining that for students in Pre-K-12, the Board of Education does not tolerate possession and/or use of drugs or alcohol, acts of violence including bullying, gang and gang-like activities, and possession of weapons within a school safety zone as defined in O.C.G.A. 16-11-127.1,

2.  a statement that the use of illicit drugs and the unlawful possession and/or use of alcohol are wrong and harmful,

3. information about drug, alcohol and tobacco counseling, and rehabilitation/re-entry programs available to students through the school guidance office.

(Student Code of Conduct, Procedure 2)

The following progressive discipline processes shall occur when a student exhibits behavior that repeatedly or substantially interferes with the teacher’s ability to communicate effectively with the students in his or her class or has violated the Student Discipline Policy JD and/or the Student Code of Conduct:

1.   The teacher shall file a Disciplinary Referral Form in writing for such violation.

2.   The form shall be sent to the principal within one school day of the last incident.

3.   An investigation shall be made into any alleged misconduct.

4.   Due process procedures shall be observed in all disciplinary actions.

5.   After reviewing the form, the principal shall, within one working day, send a copy of the form to the parent with information on how to contact the principal.

Within one school day after any action is taken:

1.   The principal shall send written notice to the teacher and parent of any utilization of student support services or disciplinary action.

2.   The principal shall make a reasonable attempt to confirm that such notice has been received by the parent.

3.   The notice shall include principal contact information.

Inadvertent omission or failure to follow these procedures shall not void the disciplinary actions of the administrator.

Consequences for breaking the rules of the Student Discipline Policy JD and/or the Student Code of Conduct may include one or more of the following:

1. student or parental conference 2.counseling 3.confiscation of nuisance items 4. loss of privileges

5. special assignments/behavioral contracts 6. restitution 7. lowered conduct grade 8. detention/Saturday school

9. on-site-intervention program 10. placement in an alternative education program 11. loss of bus transportation privileges

12. suspension at an alternate suspension location (pending due process decision)

13. out-of-school short-term suspension (10 days or less) 14. long-term suspension 15. expulsion

16. full calendar year expulsion 17. permanent expulsion 18. referral for criminal prosecution

The application of these consequences is shown in the Discipline Chart in the Student Code of Conduct.

* Truancy referrals, the reporting of child neglect or abuse, and the reporting of criminal conduct are not remedial or disciplinary action and are not reflected in the student discipline records.

 

(Student Code of Conduct, Procedure 3)

Teachers and school employees who have reasonable cause to believe that a student PreK-12 has committed any of the following acts upon school property or at any school function shall immediately report the act and the name of the student to the principal. A principal who has reasonable cause to believe that the report is valid shall immediately, orally or telephonically, or electronically report the act to the parent and to Campus Police, who shall report the act to the Superintendent, the appropriate police agency, and the district attorney. The required reporting of sexual offenses by students is not a remedial or disciplinary act.

1.   aggravated assault (O.C.G.A. §16-5-21)

2.   aggravated battery (O.C.G.A. §16-5-24)

3.   sexual offenses (O.C.G.A. §16-6-1, et. seq.)

4.   carrying weapons in unauthorized locations (O.C.G.A. §16-11-127)

5.   illegal possession of a pistol or revolver by a person under 18 (O.C.G.A. §16-11-132)

6.   possession of marijuana and controlled substances (O.C.G.A. §16-13-30)

7.   carrying weapons at school functions or on school property or within school safety zones (O.C.G.A. §16-11-127.1), but only when it

involves a:

a) Firearm, as defined in O.C.G.A. §16-11-131.

b) Dangerous weapon or machine gun, as defined in O.C.G.A. §16-1-121; or,

c)  Weapon, as defined in O.C.G.A. §16-11-127.1, together with an assault.

(Student Code of Conduct, Procedure 4)

Student Discipline Policy JD, Rule 6, shall be considered the District's and bullying and cyberbullying policy in conjunction with this rule.

All complaints of bullying (including cyberbullying) will be investigated and documented. Substantiated complaints will be placed in the student's discipline file. If additional action is needed, the charge will be referred to Campus Police for appropriate action and also copied to the appropriate Central Office Administrator.

Definition:

a. "Bullying" means the following:

1. Any willful attempt to threaten to inflict injury on another person, when accompanied by and apparent present ability to do so;

2. Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, or

3. Any intentional written, verbal, or physical act which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that:

A. Causes another person substantial physical harm or visible bodily harm as such terms are defined in O.C.G.A. 16-5-23.1;

B. Has the effect of substantially interfering with a student's education;

C. Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

D. Has the effect of substantially disrupting the orderly operation of the school.

b. "Cyberbullying" means the following:

Acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. It also means acts which occur through the use of electronic communication, whether or

not such electronic act originated on school property or with school equipment, if the electronic communication (1) is directed specifically at students or school personnel, (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school, and (3) creates a reasonable fear or high likelihood of harm to the students' or school personnel's person or property.

c. Electronic communication includes but in not limited to any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic of photo optical system.

Whenever the word "bullying" is used it also includes the word "cyberbullying".

(Student Code of Conduct, Procedure 5)

Definition: “Chronic Disciplinary Problem Student” means any student who exhibits a behavior pattern which interferes with the learning process of students around him/her and which is likely to recur. If a teacher or principal determines that a student is a chronic disciplinary problem student, then the principal shall:

1.  Notify the student’s parent as soon as practical. The parent shall be notified by a telephone call and certified mail with a return receipt requested or first class mail.

2.  Invite the parent to the school to observe the student in a classroom situation.

3.  Give the parent an opportunity to schedule and attend a conference with the principal and/or teacher(s) to devise a disciplinary and behavioral correction plan. (O.C.G.A. § 20-2-765).

4.  The student shall be referred to the school social worker for support.

Before any chronic disciplinary problem student returns from an expulsion, long-term suspension or short-term out-of-school suspension, the principal of the school to which the student is to be re-admitted shall:

1.  Request by a telephone call and certified mail with a return receipt requested or first class mail that the parent schedule and

attend a conference with the principal so as to devise, update, or modify a disciplinary and behavioral correction plan.

2.  At their discretion, invite a teacher, counselor, or other person to attend the conference. Failure of the parent to attend shall not

preclude the student from being re-admitted to the school.

3.  Ensure that a notation of the conference is placed in the student’s permanent file (O.C.G.A. § 20-2-766). The Student Support

Process will be employed in the re-admission process, documented, and a copy placed in the student’s permanent file.

(Student Code of Conduct, Procedure 6)

Definition: “Physical Violence”

(1)    Intentionally making physical contact of an insulting or provoking nature with the person of another; or

(2)    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 in O.C.G.A. § 16-3-21.

If a principal determines that a student has violated Policy JD, Rule 8, by committing an act of physical violence as defined in (See Student Code of Conduct, Procedure 6)., (1) or (2), the principal shall contact Campus Police and the principal shall follow due process procedures and issue a disciplinary referral. If the violation results in physical harm as provided for in (See Student Code of Conduct, Procedure 6). (2), the principal shall issue a disciplinary referral for permanent expulsion from the School System.

If a student is alleged to have committed an act of physical violence against a teacher, school bus driver, or other school official or employee as defined above, the student shall be suspended and a disciplinary hearing shall be scheduled pursuant to O.C.G.A. § 20-2-754 (see Policy JCEB-R(0).

Any student found by a Disciplinary Hearing Officer to have committed an act of physical violence by intentionally making physical contact of an insulting or provoking nature against a teacher, school bus driver, school official, or school employee as specified in Policy JD Rule 8 may be disciplined by short-term suspension, long-term suspension, or expulsion.

A student found by a Disciplinary Hearing Officer to have committed an act of physical violence by intentionally making physical contact which causes physical harm to a teacher, school bus driver, school official or employee as specified in Policy JD Rule 8, shall be permanently expelled from the public school system and shall be referred to juvenile court, if applicable. The expulsion shall be for the remainder of the student's eligibility to attend public school pursuant to O.C.G.A. § 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the student's expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the Disciplinary Hearing Officer may permit such a student to re-enroll into the regular public school program for grades nine through twelve.

(Student Code of Conduct, Procedure 7)

(Definition: “Weapons”, as defined by the Savannah-Chatham County Public School System may include but shall not be limited to:

(1)  any item defined in state law as a weapon

(2)  a knife with a blade of any length

(3)  any chemical, substance, device or instrument designed as a weapon or through its use is capable of threatening or terrorizing or producing bodily harm or death

Georgia Law, O.C.G.A. § 16-11-106(a), defines weapons as the items listed below:

(1) any pistol, revolver, or any weapon designed or intended to propel a missile of any kind

(2) any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches

(3) straight-edge razor, razor blade

(4) spring stick, metal knucks, blackjack

(5) any bat, club, or other bludgeon-type weapon

(6) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain

(7)  any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled

and which may be known as a throwing star or oriental dart

(8) any weapon of like kind, and any stun gun or taser as defined in subsection (a) of O.C.G.A. § 16-11-106

(9) any dangerous weapon as defined in O.C.G.A. § 16-11-121.

(10)  any firearm as defined in O.C.G.A § 16-11-131.

Students violating Policy JD, Rule 10, by bringing a dangerous weapon, firearm, or hazardous object to school shall be referred for Full Calendar Year Expulsion and shall be subject to criminal prosecution. (see Student Code of Conduct, Procedures 14 and 15).

Students violating Policy JD, Rule 10, by bringing weapons to school, on school grounds or to school related activities, that meet the state law definition or Board of Education definition of weapons, but do not meet the federal law definition of weapons, may be subject to long-term suspension, expulsion or permanent expulsion and shall be subject to criminal prosecution. (see Student Code of Conduct, Procedures 14 and 16).

Special Category: This includes any instrument that may be classified as a weapon, other than a firearm or knife with a blade of two

(2) or more inches in length, which has a legitimate purpose in ones’ daily life other than use as a weapon. Examples of these special category weapons are hunting paraphernalia, scissors, screwdrivers, multi-purpose tools, or look-alike objects that take on the appearance of a weapon, such as water pistols, toy pistols, etc.

If the principal determines that the student was in possession of a Special Category weapon, but not with the purpose or intent to threaten or harm others, and not for personal protection, the principal may determine any appropriate disciplinary action. Any student found in possession of any weapon, tool, or instrument which is included in the state’s definition of prohibited weapons shall be reported to Campus Police and referred for disciplinary action according to (Student Code of Conduct, Procedures 14 and 16).

If the principal determines that the student was in possession of a Special Category weapon with the purpose or intent to threaten or harm others or for personal protection, then the student shall be reported to Campus Police and shall be referred for disciplinary action according to (Student Code of Conduct, Procedures 14 and 16).

Campus Police and/or the Administrator of the Student Hearing Office shall be consulted in all cases involving Special Category weapons. A principal may request, through the Administrator of the Student Hearing Office, a review team meeting to assist in the decision making process.

(Student Code of Conduct, Procedure 8)

The Multi-Tiered Systems/Student Support Process (MTSS/SSP) is a regular education process for students experiencing problems of an academic, social or behavioral nature in school. MTSS/SSP involves an interdisciplinary group who works collectively to improve the delivery of instructional services to students, as well as serve as a resource for teachers and other educators in the delivery of these services.

Parents may be invited to participate in the meetings of their child's SSP and in the development of interventions for their child. Parent participation is encouraged. Student Support Process documents shall be placed in the student's permanent file and copies given to all involved.

The following are steps to be used in the development of the SSP:

1.  Identification of learning and/or behavior problems

2. Assessment, if necessary

3.  Educational plan delineating what strategies, interventions and modifications shall be attempted

4.  Implementation

5.  Follow-up and support including data collection

6.  Continuous monitoring and evaluation

If an SSP is utilized as a result of a discipline referral, parents shall receive a copy of the report (SSP minutes) and information on how to contact the principal.

(Student Code of Conduct, Procedure 9)

Definition: “Detention” means required attendance of a student outside of regular school hours for minor misbehavior or disciplinary infractions, provided parents are notified at least one (1) day in advance of any detention.

Students in grades Pre-K through 12 may be assigned detention. Prior to the student serving a detention, the parent must be notified

at least one (1) day in advance.

(Student Code of Conduct, Procedure 10)

Students may be excluded from schools and/or programs for the following reasons:

1. the student violates the rules described in Policy JD or other rules that have been established and communicated in writing to the students and parents by the school

2.  violation of a criminal law while on a school campus

3.  the student substantially interferes with the on-going educational process or seriously threatens the physical safety of others

4. the student causes or attempts to cause physical injury, threatens bodily harm, intentionally makes physical contact of an insulting or provoking nature, or behaves in such a way as could reasonably cause physical injury to any person

5.  the student commits an assault or battery upon any teacher, school official or school employee and such individual request their

exclusion from the school

The professional judgment of the principal and the facts of the investigation into the case will guide the principal in deciding upon the

appropriate disciplinary action.

A Pre-K child cannot be disenrolled or suspended from the PreKindergarten Program without first contacting the Pre-K coordinator. Immediate suspension for up to two (2) days can be made at any time the principal has a situation where a child is causing harm to himself/herself or others. In this case, no prior approval from the PreK coordinator is needed.

(Student Code of Conduct, Procedure 11)

When a student is suspended, the principal shall document the attempt to reach the student’s parent to inform them of the suspension and to request that the parent come to the school for his/her child.

(Student Code of Conduct, Procedure 12)

Definition: “Short-term Suspension” means the exclusion of a student from the regular classroom setting in a public school for any period from one (1) to not more than ten (10) school days. Suspension out-of-school will be at home where parents are expected to supervise their children while they complete the out of school suspension. Parents/legal guardians of the suspended student have no right to a disciplinary hearing or a right to appeal a short-term suspension.

It is recommended that after five (5) cumulative days of out of school suspension, the Multi-Tiered Systems of Support/Student Support Process (MTSS/SSP) be initiated. At this time, consideration of the student’s behavior, lack of response to the behavior correction plan, and lack of response to being removed from the regular program must be considered. When the number of out-of- school suspension days reaches 11 or more in any semester, the Multi-Tiered Systems of Support/Student Support Process (MTSS/ SSP) shall be initiated to develop or review the behavior correction plan and document the need for the out-of-school option or alternative education placement.

(Student Code of Conduct, Procedure 13)

All documents including written statements and relevant information concerning student misconduct must be kept on file for the duration of the current school year and in subsequent years according to records management procedures.

(Student Code of Conduct Procedure 14)

District Wide Disciplinary Probation may be proposed by the school as an option for students being considered for long term suspension or expulsion. Disciplinary actions of Long Term Suspension and Expulsion are suspended based on the agreed period of probation.

Disciplinary probation is a serious status that is assigned to a student who (1) has violated the school's behavioral rules or has repeatedly not complied with school policies, (2) has been referred for and/or appeared before a Student Disciplinary Hearing, and

(1) has been allowed to return to their zone school. This is a probationary period in which a student must conduct himself/herself in a way that meets the school disciplinary code. A student who violates the school rules while on Disciplinary Probation is subject to assignment to the District’s Alternative Education School for the duration of their probation and/or referral to a new disciplinary hearing which may result in assignment of additional discipline. If the student violates this agreement and the student has an IEP, signed Consent to Evaluate, or 504 plan then a Manifestation Determination Review will be required in consideration of revoking probation as a result of a probation violation.

(Student Code of Conduct, Procedure 15)

(Long-Term Suspension/Expulsion/Full Calendar Year Expulsion/Permanent Expulsion )

“Long-term Suspension” means the exclusion of a student from a public school for more than ten (10) days but not beyond the current school semester (one-half year).

“Expulsion” means the exclusion of a student from the regular classroom setting in a public school beyond the current school semester. “Full Calendar Year Expulsion” means the exclusion of a student from the regular classroom setting in a public school for a period of not less than one (1) calendar year. (Student Code of Conduct, Procedure 15).

“Permanent Expulsion” means the permanent exclusion of a student from a public school system. (Student Code of Conduct, Procedure 16).

Students in grades Pre-K through 12 may be placed on long-term suspension, expulsion, full calendar year expulsion or permanent expulsion. These students have a right to a disciplinary hearing and a right to appeal the decision. If the student is an identified special education student, a manifestation determination review must be completed and a copy provided to the Student Hearing Office immediately upon completion.

Any student assigned to an alternative setting because of disciplinary infraction under Policy JD will not participate in athletics or other extracurricular activities at the regular school.

When a serious incident occurs that may require a request for Long-Term Suspension, Expulsion, Full Calendar Year Expulsion, Permanent Expulsion, or if a student assaults or commits battery on a teacher, any school official or employee and such individual makes such a request, the principal shall:

1.  Contact Campus Police/School Resource Officer regarding possible criminal charges if applicable.

2.  Contact the appropriate Central Office Administrator if a PreK-5 student is involved. A PreK child cannot be disenrolled or sus- pended from the PreKindergarten Program without first contacting the PreK coordinator.

3.  Conduct a thorough investigation using the Long-Term Suspension/ Expulsion packet of information from the Student Hearing

Office.

a.  Do not suspend the student until the investigation is complete, unless the student is a threat to self or others.

b.  Interview all witnesses/victims/perpetrator(s).

1.  Secure written statements from each person interviewed.

2.  Make sure all sections are complete and legible:

3.  If a witness/victim/perpetrator is unable to write a statement, have them verbally explain what they saw and have a staff member

record their statement. Have the statement signed by the witnesses/victims/perpetrator(s).

4.  If the facts of the investigation merit disciplinary action

a.  Contact the parent.

1.  Document all contacts or attempted contacts.

2.  Explain the incident/allegations to the parent.

3.  Explain that their child has a right to have their side of the incident heard.

b.  Complete a Disciplinary Referral Form.

1.  Check the box for Long-term Suspension, Expulsion, Full Calendar Expulsion, or Permanent Expulsion.

2.  Make sure all sections are complete and legible:

the date of referral; date of incident; time of incident and; name of school.

3.  Place the student on 10-day out-of-school suspension.

4.  Indicate the starting date of the 10-day suspension.

5. The Principal shall hold a conference with the parent to explain the requested action. The parent will be requested to sign the Parental Notification Form acknowledging the conference and the requested disciplinary action. If the parent refuses to attend the conference, it shall be noted on the Parental Notification Form.

6.  Provide a copy of the Disciplinary Referral Form to the student, if applicable, and the parent.

a. Hand deliver the completed request for disciplinary action, checklist, and packet of information to the Student Hearing

Office within 24 hours of the beginning of the 10-day out-of-school suspension (Refer to the Student Hearing Office for packet

of information).

If the student is an identified special education student, a manifestation determination review must be completed and a copy provided to the Student Hearing Office immediately upon completion.

Any student assigned to a disciplinary alternative learning program under Policy JD will not participate in athletics or other extracurricular activities at the regular school.

Any student long-term suspended or expelled from a disciplinary alternative learning program must complete their remaining initial suspension or expulsion time at a disciplinary alternative learning program before being released to return to their regular school.

(i.e. Student receives long-term suspension from his/her school and enrolls at a disciplinary alternative learning program in October. While enrolled at a disciplinary alternative learning program, he/she violates the Student Code of Conduct and is long-term suspended from a disciplinary alternative learning program in October. When his/her long-term suspension period from a disciplinary alternative learning program has been completed, the student will return to a disciplinary alternative learning program and complete his/her initial long-term suspension time rather than being released to his home school).

(Student Code of Conduct, Procedure 16)

If a principal determines that a student has violated Policy JD, Rule 10, and has brought a firearm, dangerous weapon, or hazardous object to school the student shall be referred for expulsion from school for a period of not less than one (1) calendar year (Full Calendar Year Expulsion). See Procedure 7 for a description of weapons as used in this section. See Procedure 14 for severe disciplinary action.

(Student Code of Conduct, Procedure 17)

If a principal determines that a student has violated Policy JD, Rule 8 or 11, the student shall be referred for permanent expulsion from the school system.

If a principal determines that a student has violated Policy JD, Rule 7, 10, or 12, then the student may be referred for permanent expulsion from the School System.

(Student Code of Conduct Procedure 23)

Before a student returns from a long-term suspension, expulsion, or full calendar year expulsion the principal shall:

1.  request by certified mail with return receipt requested or first class mail and a telephone call that the parent schedule and attend a meeting with the principal and other appropriate school staff (including community agency staff);

2.  devise, update or modify a disciplinary and behavioral correction plan using the Student Support Process. For identified special

education students, the Individualized Educational Program (I.E.P.) process shall be used;

3.  document the Student Support Process and place a copy in the student’s permanent file. Failure of the parent to attend shall not preclude the student from returning to the school.

A student who has been permanently expelled may apply for re-admission to the school system after the expiration of twelve (12)

months. The application must be in writing and addressed to the Superintendent’s Office. The Superintendent will review the

re-admission application and make a recommendation to the Board. The Board will either approve or deny the recommendation. If the Board approves the re-admission application, the student will only be readmitted at the beginning of a school semester. Upon approval for re-admission the principal shall follow the re-admission requirements described above.

(Student Code of Conduct Procedure 24)

“Students with Disabilities” includes any student covered under Section 504 as a student with a disability as well as students eligible to receive special education services under the Disabilities Education Act (IDEA).

Special procedural rights apply to students with disabilities in the context of student discipline. These procedural rights are established under applicable laws and regulations.

The District’s Special Education Implementation Manual, Section 504 Manual and MTSS Manual set forth procedures to insure compliance with applicable legal requirements. These documents address relevant requirements including those pertaining to notice, assessment, behavior plans, team meetings and manifestation determination review.

Manifestation determination review meetings must be conducted within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a student code of conduct. A suspension from more than ten (10) days qualifies as a change in placement. The District strives to conduct manifestation determination review meetings for students with disabilities once they accumulate a total of five (5) days of suspension in a school year.

The applicable standards and procedures for manifestation determination reviews differ based on whether a student with a disability is eligible to receive services under the IDEA.

In cases where relevant student misconduct is determined not to be a manifestation of a student’s disability, the student can be subjected to the same disciplinary actions as a non-disabled student. However, any such student receiving educational services under an Individualized Educational Program (IEP) must continue to receive educational services during any period of expulsion or suspension in excess of ten (10) days. Students with disabilities who are not eligible under the IDEA do not have the right

to continue to receive educational services when they are expelled or suspended for conduct that is determined not to be a manifestation of their disability.

If the relevant student misconduct is a manifestation of the student’s disability, the student may not be suspended for more than ten

(10) days for that misconduct.

A temporary alternative educational setting of not more than 45 days can be:

1.  ordered by school personnel if the disabled student brings a WEAPON to school or possesses, uses or sells CONTROLLED

SUBSTANCES OR ILLEGAL DRUGS, or inflicts serious bodily injury upon another person while at school, on school

premises, or at a school function.

2.  ordered by a State Department of Education administrative law judge or an order from a court if the school system shows substantial evidence that keeping the child in the current placement is substantially likely to result in injury to self or others. The school system reserves the right to request consecutive 45-day placements under the same circumstances.

3.  any 45-day placement may be applied in addition to a preliminary placement of up to 10 days.

All appeals in the case of disagreement by the parent(s) must comply with due process requirements of the Individuals with Disabilities Education Act (I.D.E.A.) and the State and Local Plan for Special Education.

(Student Code of Conduct Procedure 25)

Sexual harassment by a student is defined as:

1) Unwelcome conduct of a sexual nature that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or a related activity; or

2) “Sexual assault” as defined in 20 U.S.C. 1092 (f).(6).(A).(v), “dating violence” as defined in 34 U.S.C. 12291(a). 10), “domestic violence” as defined in 34 U.S.C. 12291(a).(8), or “stalking” as defined in 34 U.S.C. 12291 (A). (30).

Certain legal requirements apply when District employees have actual knowledge to instances and allegations of sexual harassment in a program or activity over which the District exhibits substantial control over both the alleged harasser and the context in which the alleged harassment occurs. 34 C.F.R. 106.44(a). Any District employee with actual knowledge of such instances and allegations of sexual harassment are required to make a prompt report to the District’s Title IX Coordinator. Reports can also be made directly or through the Principal.

The District’s administrative response framework with respect to occurrences involving actual and alleged sexual harassment by an SCCPSS student is found in the District’s Sexual Harassment Protocol.

No student shall be subject to remedial consequences (including discipline) for the specific offense of sexual harassment or sexual assault unless the remedial consequences are the result of a process conducted pursuant to the District’s Sexual Harassment Protocol.

Remedial measures may include authorization that the District proceed with seeking expulsion or long term suspension based on student conduct that could be considered a component of or related to sexually harassing behavior.

The District shall only expel or long-term suspend a student for the offense of sexual harassment if the formal grievance procedure under the District’s Sexual Harassment Protocol is conducted as a live hearing. Other disciplinary actions can result from a formal grievance procedure under the District’s Sexual Harassment Protocol that does not include a live hearing.

The time for proceeding with a disciplinary proceeding for any such offense will be suspended until the final conclusion of a Title IX formal grievance procedure. Administrative disciplinary consequences that result from a student’s designated felony status are not subject to or limited by the District’s Sexual Harassment Protocol’s formal grievance procedures. District staff reporting criminal conduct that includes acts or allegations of sexual harassment to law enforcement officials is not a remedial or disciplinary measure.

(Student Code of Conduct, Procedure 26)

All students shall follow these procedures when there is alleged instances of inappropriate behavior by a teacher, administrator or other school employee toward a student.

(a) Any student (or parent or friend of a student) who has been the victim of an act of sexual abuse or sexual misconduct by a teacher, administrator or other school system employee is urged to make a verbal report of the act to any counselor or administrator at his/her school.

(b) Any teacher, counselor or administrator receiving a report of sexual abuse or sexual misconduct of a student by a teacher, administrator or other employee shall make an oral report of the incident immediately by telephone or otherwise to the school principal or principals designee, and shall submit a written report of the incident to the school principal or principals designee within 24 hours. If the principal is the person accused of the sexual abuse or sexual misconduct, the oral and written reports should be made to the superintendent or the superintendent’s designee.

(c) Any school principal or principals designee receiving a report of sexual abuse as defined in O.C.G.A. 19-7-5 shall make an oral report immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused. The report should be made by telephone and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney.

Reports of acts of sexual misconduct against a student by a teacher, administrator or other employee not covered by O.C.G.A. 19- 7-5 or 20-2-1184 shall be investigated immediately by school or system personnel. If the allegations concern sexual harassment, investigations shall be conducted in accordance with applicable Federal regulations in accordance with the District’s Sexual Harassment Protocol. If the investigation of the allegation of sexual misconduct indicates a reasonable cause to believe that the report of sexual misconduct is valid, the school principal or principals designee shall make an immediate written report to the superintendent and the Professional Standards Commission Ethics Division.

(d) The reporting of alleged or actual sexual abuse and misconduct to conduct to law enforcement, the Department of Family and Children Services and the Professional Standards Commission Ethics Division are not remedial or disciplinary actions that require the exhaustion of any grievance procedure.

(e) Nothing in this policy shall prevent or delay the ability to report instances and actual knowledge of sexual harassment directly to

the District’s Title IX Coordinator. Such reports can be submitted anytime by email, phone or mail.

Definitions

For definitions not found in this section, refer to individual Procedures.

As used in this procedure, the following words or phrases and meanings apply:

a. “ Aggravated Assault” A person commits the offense of aggravated assault when he or she assaults:

1.  With intent to murder, to rape, or to rob;

2.  With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, or,

3.  a person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons,

O.C.G.A 16-5-21.

a. “Battery” A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. As used in this Code section, the term “visible bodily harm” means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.

1. Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. O.C.G.A. 16-5-23.1.

b. “Fight” means mutual participation in a physical conflict involving two (2) or more persons.

It does not include verbal confrontations. (See Simple Assault, Simple Battery)

c.  “Simple Assault” A person commits the offense of simple assault when he or she either:

1.  Attempts to commit a violent injury to the person of another; or

2.  Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. O.C.G.A. 16-5-20.

d.  “Simple Battery” A person commits the offense of simple battery when he or she either:

1.  Intentionally makes physical contact of an insulting or provoking nature with the person of another; or

2.  Intentionally causes physical harm to another.

e.  "Simple Battery" A person commits the offense of simple battery when he or she either:

1.  Intentionally makes physical contact of an insulting or provoking nature with the person of another; or

2.  Intentionally causes physical harm to another.

f. "Terroristic threat" A person commits the offense of a terroristic threat when he threatens to commit any crime of violence or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated. O.C.G.A. 16-11-37.

g. A "Verbal Assault" is an intense, extreme or severe attack transmitted by speech intended to threaten and/or intimidate another

person.

(Student Code of Conduct Procedure 27)

The Department of Student Affairs endeavors to legally access and receive information regarding the indictment, judicial information filing, conviction or affirmative adjudication of any felony or delinquent act under O.C.G.A 15-11-602 and 15-11-707 by any current or enrolling SCCPSS student that would be a felony if committed by an adult.

In this procedure, the legal events described in the above paragraph will be referred to as a "designated felony status occurrence."

Upon access or receipt of sufficient notice of a designated felony status occurrence, any such student enrolled or enrolling with the District will be assigned to an alternative educational program. Nothing in this policy shall require the District to enroll students who have no right to enrollment based on their disciplinary status at another district.

Upon receipt of sufficient notice of a designated felony status occurrence, the Department of Student Affairs shall initiate the change in setting process by issuing a letter to the alternative education program, the home zoned school and any other school that the student was attending at the time notice is received. The Department of Student Affairs shall also make diligent efforts to promptly notify the student and the student's parents and/or guardians of record of the District's notice of the designated felony status occurrence and the implications to the student's educational setting. Prompt notification by the Department of Student

Affairs may be accomplished by a variety of means including phone call, electronic communication, mail, hand-delivered written notice or in person conversation.

The Disciplinary Hearing Office shall notify the student (is an adult) or the student's parents or guardians of their right to request a due process hearing concerning the student's designated felony status as provided for under O.C.G.A. 20-2-768(a) and 20-2-754. Any determination regarding designated felony status will concern procedural and adjudicative status and not any underlying offense.

The fact that a designated felony offense could be considered an act or component of sexual harassment does not entitle the student to be a respondent in a formal Title IX sexual harassment proceeding prior to conducting a hearing to establish a student's designated felony status.

Assignment to alternative school setting based on a designated felony status occurrence shall apply for a minimum of one year unless otherwise determined by the Board of Education.

In order to satisfy the one-year period in a District alternative school setting the student must be enrolled and attending a District alternative school. Time spent in other schools shall not be credited against the one-year period unless specifically approved for credit by the Board of Education upon recommendation by the Superintendent.

Upon notification that any charges or information that established the designated felony status have been dropped, dismissed or modified, the matter shall be reviewed to determine if the alternative setting should or may be terminated in less than the standard one-year period. In such instances, the matter shall be reviewed by the Department of Student Affairs and may forward to the Superintendent for action. The Superintendent may make recommendations for Board action upon review.

Nothing herein shall prevent the District from providing a free and appropriate public education to students served or otherwise entitles to receive educational services under the IDEA or Section 504.

The Administrator of the Student Hearing Office shall review the principal’s request and make or have made additional investigation if appropriate. This occurs after an Associate Superintendent of School Governance determines the requested disciplinary action is warranted. If an Associate Superintendent of School Governance believes that grounds exist for the requested action, the Administrator of the Student Hearing Office shall schedule a hearing and notify the student and parent in accordance with the guidelines given below. Student Hearing The hearing must be held no later than ten (10) school days, not including weekends, public, legal and school holidays, after the beginning of the student’s short-term suspension, unless the school system and parents/ legal guardians mutually agree to an extension. If the hearing cannot be held for reasons beyond the control of the school system, the student may be placed in an alternative educational program.

A student and the student’s parent may waive the right to a hearing if they agree with the charges and the principal’s disciplinary request. The principal’s disciplinary request would then be automatically granted and the disciplinary hearing cancelled.

A copy of all Hearing Office procedures can be obtained from the Student Hearing Office.

(Student Code of Conduct, Procedure 19)

The Superintendent will recommend the Disciplinary Hearing Officers from a pool of retired administrators. The list of nominated Disciplinary Hearing Officers shall be presented to the Board of Education for approval or rejection in whole or part. No Disciplinary Hearing Officers may take any official action until having been approved by the Board. The Disciplinary Hearing Officers shall preside over the hearings; decide the cases; make recommendations; and make all evidentiary and procedural rulings.

(Student Code of Conduct, Procedure 20)

An oath or affirmation shall be administered by the Disciplinary Hearing Officer to all witnesses.

(Student Code of Conduct, Procedure 21)

Appeals may be brought to the Board of Public Education by either party aggrieved (dissatisfied) by the decision of the Disciplinary Hearing Officer or a decision rendered pursuant to O.C.G.A. § 20-2-751.6 by notifying the Secretary of the Board of Education, in writing, of their desire to appeal.

A copy of Appeal Procedures can be obtained from the Student Hearing Office.

(Student Code of Conduct, Procedure 22)

No later than the beginning of the next school year, through request in writing to the Administrator of the Student Hearing Office, the parent or student may have any case of expulsion or long-term suspension in any school year re-evaluated