Policy

CODE OF CONDUCT

Code JICDA Issued 09/08

Purpose: To establish the basic structure for a code of conduct and discipline for students and maintain order in the schools.

The board and the administration offer a list of offenses along with the required or recommended dispositions for the information of students, parent/legal guardian and school personnel. Disciplinary actions will include appropriate hearings and review. The removal of a student from the learning environment will occur only for just cause and in accordance with due process of law.

The following rules, regulations and due process procedures are designed to protect all members of the educational community in the exercise of their rights and responsibilities. These rules apply to any student during the following times and in the following places.

· who is on the school property

· who is in attendance at school or any school-sponsored activity

· who is off the school grounds at a school activity, function or event

· whose conduct at any time or in any place has a direct and immediate effect on maintaining order and discipline in the schools

· who is en route to and from school on a school bus or other school vehicle

Level I - disorderly conduct

1. Disorderly conduct includes any activity in which a student engages that tends to impede orderly classroom procedures or instructional activities, orderly operation of the school, or the frequency or seriousness of which disturbs the classroom or school.

2. Acts of disorderly conduct may include, but are not limited to, the following.

a. classroom tardiness

b. cheating on examinations or classroom assignments

c. lying

d. acting in a manner so as to interfere with the instructional process

e. abusive language between or among students

f. failure to complete assignments or carry out directions

g. use of forged notes or excuses

h. cutting class

i. school tardiness

j. truancy

k. other disorderly acts as determined by the board

l. dress code infraction (during school hours)

m. identification badge infraction (during school hours and while riding on school buses, where applicable)

3. The staff will follow these basic enforcement procedures in instances of disorderly conduct.

a. When the staff member observes (or is notified about and verifies) an offense, the staff member will take immediate action to correct the misconduct. The staff member will use an appropriate sanction and, where necessary, maintain a record of the misconduct and the sanction.

b. If a certain misconduct is not immediately correctable, the staff member should refer the problem to the appropriate administrator for action specified under this policy.

c. The administrator should meet with the reporting staff member, and, if necessary, the student and the parent/legal guardian, and should effect the appropriate disciplinary action.

d. Where necessary, the administrator will maintain a complete record of the procedures.

4. The staff may apply sanctions in cases of disorderly conduct which may include, but are not limited to, the following.

a. verbal reprimand

b. withdrawal of privileges

c. demerits

d. detention

e. in-school suspension

f. referral to outside agency

g. other sanctions approved by the board

Level II - disruptive conduct

1. Disruptive conduct includes those activities in which students engage that are directed against persons or property and the consequences of which tend to endanger the health or safety of themselves or others in the school. Some instances of disruptive conduct may overlap certain criminal offenses, justifying both administrative sanctions and court proceedings.

The administration may reclassify disorderly conduct (Level I) as disruptive conduct (Level II) if the student engages in the activity three or more times.

2. Acts of disruptive conduct may include, but are not limited to, the following.

a. use of an intoxicant

b. fighting

c. vandalism (minor)

d. stealing

e. threats against others

f. bullying, harassment or intimidation (see JICFAA)

g. trespassing

h. abusive language to staff

i. refusal to obey school personnel or agents (such as volunteer aides or chaperons) whose responsibilities include supervision of students

j. possession or use of unauthorized substances, as defined by law or local school board policy

k. illegally occupying or blocking school property in any way with the intent to deprive others of its use

l. unlawful assembly

m. disrupting lawful assembly

n. inappropriate verbal or physical conduct of a sexual nature

o. unlawful possession of an electronic communication device

p. any other acts as determined by the board

3. The staff will follow these basic enforcement procedures in instances of disruptive conduct.

a. When the administrator observes (or is notified and verifies) an offense, he/she will investigate the circumstances of the misconduct and confer with staff on the extent of the consequences.

b. The administrator will notify the parent/legal guardian of the student's misconduct and related proceedings. The administrator will meet with the student and, if necessary, the parent/legal guardian, confer with them about the student's misconduct, and effect the appropriate disciplinary action.

c. The administrator will keep a complete record of the procedures.

4. The administration may apply sanctions in cases of disruptive conduct which may include, but are not limited to, the following.

a. temporary removal from class

b. alternative education program

c. in-school suspension

d. out-of-school suspension

e. *transfer

f. referral to outside agency

g. expulsion

h. restitution of property and damages, where appropriate, should be sought by local school authorities

i. other sanctions as approved by the board

*Disciplinary transfers (Anderson School District Five Board Policy JFABC)

The board or its designee may make disciplinary transfers to another school in lieu of suspension or expulsion but only after a conference or hearing with the parent/legal guardian and consultation with both principals.

Disciplinary transfers of students may be based on the commission of a crime, gross immorality, gross misbehavior, persistent disobedience or for violation of the written rules, policies or regulations established by the Anderson School District Five Board of Trustees or the state board of education.

Level III - criminal conduct

1. Criminal conduct includes those activities in which students engage that result in violence to themselves or to another's person or property or which pose a direct and serious threat to the safety of themselves or others in the school. These activities usually require administrative actions which result in the immediate removal of the student from the school, the intervention of law enforcement authorities, and/or action by the board.

2. Acts of criminal conduct may include, but are not limited to, the following.

a. assault and battery

b. extortion

c. bomb threat

d. possession, use or transfer of dangerous weapons

e. sexual offenses

f. vandalism (major)

g. theft, possession or sale of stolen property

h. arson

i. furnishing or selling unauthorized substances, as defined by board policy

j. furnishing, selling or possession of controlled substances (drugs, narcotics or poisons)

k. distribution, sale, purchase, manufacture or unlawful possession of a controlled substance while in or within a radius of one-half mile of school grounds

l. threatening to take the life of or inflict bodily harm upon a teacher, principal or members of their immediate family

3. The staff will follow these basic enforcement procedures in instances of criminal conduct.

a. When an administrator observes (or is notified of and verifies) an offense, the administrator will confer with the staff involved, effect the appropriate disciplinary action, and, if appropriate, meet with the student.

b. If warranted, the administrator should immediately remove the student from the school environment. The administrator will notify a parent/legal guardian as soon as possible.

c. If appropriate, school officials should contact law enforcement authorities.

d. Staff will follow established due process procedures when applicable.

e. The administrator will keep a complete record of the procedures.

4. The administration may apply sanctions in cases of criminal conduct which may include, but are not limited to, the following.

a. out-of-school suspension

b. assignment to alternative schools

c. expulsion

d. restitution of property and damages, where appropriate, should be sought by local school authorities

e. referral to outside agency

f. other sanctions as approved by the board

Extenuating, mitigating or aggravating circumstances

The board may give the appropriate administrator the authority to consider extenuating, mitigating or aggravating circumstances which may exist in a particular case of misconduct. The age of the student could be a mitigating factor when dealing with elementary students. The administrator should consider such circumstances in determining the most appropriate sanction.

Electronic communication device

1. No student may possess an electronic communication device while:

a. on school property

b. attending a school sponsored or school related activity on or off school property

The district will make an exception to this rule under the following circumstances.

1. A student under age 18 may possess an electronic communication device if:

a. the student needs the electronic communication device for a legitimate medical reason.

2. A student age 18 or over may possess an electronic communication device if:

a. the student is an active member of a volunteer firefighting organization.

b. the student is an active member of a volunteer emergency service organization.

c. the student needs the electronic communication device for a legitimate medical reason.

Before a student may have an electronic communication device at school, the principal must have written, approved evidence on file of the student's medical need or membership in voluntary firefighting or emergency medical service organization.

The principal of each school will decide what constitutes a legitimate medical reason consistent with any guidelines established by this board and/or by the state department of education.

A student who has an electronic communication device without permission as outlined in this policy is subject to discipline as provided by board policy.

A person who finds a student in possession of an electronic communication device without permission must report the student to the school principal. The principal will confiscate the device. The student’s parent/legal guardian may pick up the confiscated device from the school at their convenience.

Mace/Pepper gas

The possession and/or use of mace, pepper gas and any other substance which is generally used for personal defense and which may cause skin and/or eye irritation is prohibited. The possession of such a substance will be considered a violation of disruptive conduct (Level II). The use of mace or any other similar substance, as defined above, may be considered as an assault prohibited under criminal conduct (Level III) depending upon the facts of the incident.

Discipline of disabled students

Disciplinary process

Disabled students are not exempt from school disciplinary processes, nor are they entitled to remain in a particular educational program when their conduct substantially impairs the education of other children in the program. However, federal and state laws and regulations require the public schools to meet the individual educational needs of disabled children to the extent that current educational expertise permits.

Program prescriptions

A disabled student's staffing committee may prescribe or prohibit specified disciplinary measures for an individual student by including appropriate provisions in the student's Individual Education Plan (IEP). The committee must take into consideration the student's disabling condition when deciding whether or not staff may use a particular form of discipline. Administrative authorities should observe any such provisions contained in a disabled student's individual education plan, except that a staffing committee may not prohibit the initiation of proceedings for suspension or expulsion which are conducted in accordance with regulation.

Suspensions

The administration may suspend a disabled student unless a suspension is prohibited by the student's individual education plan. At the end of the suspension, the school should return the student to the same educational placement, if appropriate. The district may remove immediately, for a short period of time, a handicapped student who is endangering himself or others. The school may suspend students for up to 10 days for a minor disciplinary infraction but for not more than 30 days in any one school year.

However, students who bring weapons to school or a school function or knowingly possess or use illegal drugs or solicit the sale of controlled substances while at school or a school function may be removed for up to 45 days at a time. If school officials believe that a child with a disability is substantially likely to injure self or others in the child's regular placement, they may ask an impartial hearing officer to order that the child be removed to an interim alternative educational setting for a period up to 45 days.

Expulsions

Expulsion of a disabled student is equivalent to a change in educational placement and therefore requires special procedures. Before a disabled student may be expelled, a multi-disciplinary team must determine whether or not there is a connection or causal relationship between the disabling condition and the misconduct. If so, then expulsion resulting in cessation of educational services for the student would be unallowable.

The district will continue to provide a free and appropriate education as set forth in a student's IEP to expelled students with disabilities.

Immediate removal

Nothing contained in this regulation will be construed as limiting an administrator's ability to remove a disabled student from school immediately under emergency conditions.

Adopted 1/17/89; Revised 8/20/91, 7/19/94, 5/16/95, 3/19/96, 5/18/04, 8/17/04, 4/19/05, 12/12/06, 9/17/08

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Legal references:

A. S.C. Code of Laws, 1976, as amended:

1. Section 59-19-90 - General powers and duties of school trustees.

2. Sections 59-63-210 through 270 - Grounds for which trustees may expel, suspend or transfer pupils; petition for readmission; notices and parent conferences; expulsion for remainder of year and hearings; transfer of pupils; corporal punishment; regulation or prohibition of clubs or like activities.

3. Section 59-67-240 - Other duties of bus driver; discipline of students for misconduct.

B. State Board of Education Regulations:

1. R43-279 - Minimum standards of student conduct and disciplinary enforcement procedures to be implemented by local school districts.