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TAZEWELL COUNTY SCHOOL BOARD MEETING Tazewell County Career and Technical Student Center

March 13, 2017

Closed Session, 5:00 p.m. Regular Session, 6:30 p.m.

AGENDA

I. Call to Order, David Woodard

II. Invocation

III. Unscheduled Agenda Items

IV. Approval of Agenda

V. Closed Session, 5:00 p.m.

A. Personnel, Section 2.2-3711 (A1) B. Students, Section 2.2-3711 (A2)

Regular Session, 6:30 p.m.

VI. Certification from Closed Session

VII. Moment of Silence

VIII. Pledge of Allegiance

IX. Consent Agenda

A. Minutes of prior School Board meeting: 2/20/17 B. Monthly Claims – Accounts Payable C. Personnel Recommendations from Closed Session – School Board

Approval of Appointments, Long-term Substitutes, Resignations, Retirements, Transfers, and Reassignments.

X. Student Actions

XI. Recognitions and Instructional Focus

XII. Hearing of Citizens

XIII. Hearing of Employees

XIV. Unfinished Business

A. Disciplinary Committee proposed policy changes, George Brown, Division Superintendent (ACTION)

BCEA, Disciplinary Committee, second read JGD/JGE, Student Suspension/Expulsion, (Option 2 – Disciplinary

Committee), second read JGD/JGE-R.1, Students, Suspension, second read JGD/JGE-R.2, Students, Expulsion, second read JFCD-R, Students, Weapons/Explosives, second read

School Board Agenda March 13, 2017

JFC-R.1, Students, Code of Conduct, second read JFC-R.6, Students, Hazing/Assault and Battery, second read JFC-R.9, Student-Athlete Substance Abuse, second read

XV. New Business

A. Set meeting date for Disciplinary Committee, George Brown, Division Superintendent (ACTION)

B. Approval of TASK Agreement (Taking Action for Special Kids), Patti Cettin, TASK Executive Director (ACTION)

C. Approval of Special Education Annual Plan, Melinda Smith, Director of Special Services (ACTION)

XVI. Superintendent’s Report

A. Review of upcoming changes to policy JHCF, Student Wellness and policy regulation JHCF-R, Recommended Strategies for Student Wellness Goals, Tim Jessee, Manager of Food Services

B. Review of VSBA February 2017 policy updates, George Brown, Division Superintendent

C. Date for Spring 2017 Student Recognition School Board meeting, George Brown, Division Superintendent

D. End of year information: Friday – Saturday graduation date survey results and

recommendations, High School Principals – Cynthia Beavers (GHS), Kimberly Ringstaff (RHS) and Timothy Hollar (THS)

Status of instructional days and instructional hours, George Brown, Division Superintendent

Graduation date and last day of school, George Brown, Division Superintendent

E. Facility Committee, George Brown, Division Superintendent F. Budget update, Wendy Barringer, Supervisor of Finance G. Review of upcoming changes to policy and regulations pertaining to

graduation requirements and Standards of Learning tests for the upcoming 2017-18 ninth grade, Dr. Gary Williams, Director of Secondary Education

XVII. Student Representatives to the Board - Comments

XVIII. Board Member Comments

XIX. Adjourn/Recess

vbailey

Typewritten Text

February attendance

vbailey

Typewritten Text

This is a draft copy of the February 20, 2017 minutes and is subject to amendment. Minutes do not become

official until approved by the School Board.

VIRGINIA: At a regular meeting of the Tazewell County School Board held at the Tazewell County Career

and Technical Student Center on February 20, 2017 at 4:00 p.m.

PRESENT: David Woodard, Chairman Donna Whittington, Vice‐Chair Jimmy Jones, Member George Brown, Division Superintendent Vicki Bailey, Clerk ABSENT: H. S. Caudill, Member Chris Moir, Member Eric Young, Attorney The meeting began at 4:00 p.m. Pastor David Taylor gave the invocation. Unscheduled Agenda Items

Mrs. Whittington made a motion to add contracts and property to closed session. Mr. Jones seconded the motion, and the Board approved 3‐0. Approval of Agenda Mrs. Whittington made a motion to approve the agenda as amended. Mr. Jones seconded the motion, and the Board approved 3‐0. Closed Session Pursuant to section 2.2‐3711 of the Code of Virginia, a motion was made by Mrs. Whittington, seconded by Mr. Jones, and passed 3‐0 to convene to a closed session for the purpose of discussing the following specific matters:

Personnel – Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees as authorized by Section 2.2‐3711 A 1 of the Code of Virginia. Students – Discussion or consideration of admission or disciplinary matters concerning a student(s) as authorized by Section 2.2‐3711 A 2 of the Code of Virginia. Contracts – Discussion of the award of a public contract involving the expenditure of public funds as authorized by Section 2.2‐3711 A 29 of the Code of Virginia. Property – Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property as authorized by Section 2.2‐3711 A 3 of the Code of Virginia.

The Board returned to open session. In accordance with the Freedom of Information Act, a roll call vote was taken in which all members affirmed that only public business matters lawfully exempted from open meetings, as identified in the motion for closed session, were heard, discussed, or considered by the Board. Chairman Woodard called the regular session to order at 6:30 p.m. and called for a moment of silence. The Tazewell High School Green T’s performed the National Anthem.

Consent Agenda Mrs. Whittington made a motion to approve items A, B and C of the consent agenda. Mr. Jones seconded the motion, and the Board approved 3‐0. Student Actions Mrs. Whittington made a motion to approve home instruction for those families who submitted requests for the 2016‐2017 school year pending receipt of proper paperwork for all students. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that student A be expelled from Tazewell County Public Schools for 365 days. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that student B be suspended from Tazewell County Public Schools for the remainder of the school year and be allowed to attend the Placement Academy with mandatory monthly drug testing. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that student C be suspended from Tazewell County Public Schools for the remainder of the school year and be allowed to attend the Placement Academy with mandatory monthly drug testing. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that student D be suspended with services from Tazewell County Public Schools for the remainder of the school year. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that student F be released from compulsory attendance in Tazewell County Public Schools. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that student G be readmitted to Tazewell County Public Schools February 21, 2017. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that students H, I and J be suspended from Tazewell County Public Schools for the remainder of the school year and be allowed to attend the Placement Academy with mandatory monthly drug testing. Mr. Jones seconded the motion, and the Board approved 3‐0. Mrs. Whittington made a motion that Student K be readmitted to Tazewell County Public Schools February 21, 2017. Mr. Jones seconded the motion, and the Board approved 3‐0. Recognitions and Instructional Focus A. School Board Appreciation Month, George Brown, Division Superintendent (SEE ATTACHED) Mr. Brown read aloud Governor McAuliffe’s Certificate of Recognition for School Board Appreciation Month. Certificates of Recognition from the Virginia School Boards Association were presented to School Board members in attendance in appreciation of their dedication and service to excellence in education on behalf of the students of the Commonwealth of Virginia. B. Career and Technical Education Month, Rodney Gillespie, Principal, TCCTC / Supervisor of Technology

(SEE ATTACHED) Mr. Gillespie read aloud Governor McAuliffe’s Certificate of Recognition for Career and Technical Month. He invited School Board members to visit Career and Technical courses at all high schools and to come to the Career and Technical Center to view new equipment.

C. National School Counseling Week, February 6‐10, 2017, Dr. Chris Stacy, Assistant Superintendent (SEE ATTACHED)

Dr. Stacy read aloud Governor McAuliffe’s Certificate of Recognition for National School Counseling Week. He expressed his appreciation for the work of the school guidance counselors in Tazewell County Public Schools. Hearing of Citizens

Dr. Louis TePoel of Tazewell expressed his appreciation to the School Board for all they do for the students of

Tazewell County. He encouraged School Board members to evaluate and reflect on parental expectations of

students. Dr. TePoel stated parents must help teachers help students.

Hearing of Employees

No one spoke

Public Hearing of 2017‐2018 Budget, 7:15 p.m.

No one spoke

New Business A. TEA 2017‐2018 Budget presentation, Greg Deskins, Vice‐President, Tazewell Education Association

(SEE ATTACHED) Mr. Deskins thanked the School Board for being open to input from the TEA and for the opportunity to present the 2017‐2018 budget requests of the TEA. He shared the requests from the attached document. B. Disciplinary Committee proposed policy changes, George Brown, Division Superintendent (SEE

ATTACHED) Mr. Brown told Board members a Disciplinary Committee had been discussed for almost a year, and said changes to policies and regulations were finally being presented for first read approval. He explained the Disciplinary Committee would most likely meet during the day at the School Board office and asked the Board to be thinking of a preferred date to hold these meetings. Mr. Brown shared that the committee would be comprised of three School Board members, as well as the superintendent, assistant superintendent and appropriate administrators. Mr. Jones made a motion that the Tazewell County School Board approve proposed policies BCEA, JGD/JGE,

JGD/JGE‐R.1, JGD/JGE‐R.2, JFCD‐R, JFC‐R.1, JFC‐R.6, and JFC‐R.9 as a first read. Mrs. Whittington seconded the

motion, and the Board approved 3‐0.

C. 2017‐2018 VHSL redistricting, Dr. Gary Williams, Director of Secondary Education Tom Keene, Tazewell High School Teacher/Athletic Director (SEE ATTACHED)

Dr. Williams and Mr. Keene shared information from the attached documents with the School Board regarding the history of the VHSL districts and the new change. Mr. Keene stated with the new realignment, Tazewell County would be in Region 2D. D. Approval of budget amendment, Career Switcher New Teacher Mentor Program ‐ $1,000, Wendy

Barringer, Supervisor of Finance (SEE ATTACHED) Mr. Jones made a motion that the Tazewell County School Board approve the budget amendment for Career Switcher New Teacher Mentor Program in the amount of $1,000. Mrs. Whittington seconded the motion, and the Board approved 3‐0.

Superintendent’s Report A. School Board Budget Committee recommendations presented to School Board, George Brown,

Division Superintendent Mr. Brown shared the Budget Committee had received over 200 recommendations, and went over items that had been placed on the budget priority list: two steps if possible or one step plus bonus; Cybersecurity Instructor; Technology/E‐rate; change stipends to include a Masters plus 18 (in content area); buses; A/C repairman; maintenance truck; food service equipment upgrade; and instructional materials. He said the Division took a hit last year when the Board of Supervisors took money the School Board had saved. Mr. Brown indicated funds would be spent more wisely this year. He told Board members he would not anticipate any major funding initiatives from the Federal level. Title II funding was reduced from $387,000 to $255,000 this year, a loss of $132,000. Mr. Brown stated there was still much legislative action that could possibly impact the states funding, as well as policy. The Coalfield Coalition was active in lobbying efforts and received some support. Mr. Brown said a bonus for SOQ funded positions and the loss of enrollment incentive were still to be determined. The local governing body has traditionally funded the school division at 1.25% of the required effort. Mr. Brown was hopeful they would meet or exceed that standard for the 2017‐18 School Budget. The current budget was built on 5800 students, with current enrollment at 5757. Mr. Brown said the Budget Committee and the School Board would be working on the budget with great vigor once they know what the state will be providing. Chairman Woodard stated the Division was currently accepting out of state applications for anyone wishing to apply. The School Board Budget Work Session scheduled for 5:00 p.m. on February 27, 2017 was changed to a regular committee meeting. The School Board Budget Work Session would be rescheduled. B. Grading Scale Revision Committee, Dr. Chris Stacy, Assistant Superintendent and Dr. Gary Williams,

Director of Secondary Education (SEE ATTACHED) Dr. Williams shared the attached information with Board members. The Grading Scale Revision Committee researched the pros and cons of the school division changing from the current grading scale to a ten point grading scale. After discussing information contained in the attached documents, Dr. Williams told Board members the division would not change to a ten point scale but would continue to use the current grading scale. C. E‐rate update, Rodney Gillespie, Principal, TCCTC/Supervisor of Technology (SEE ATTACHED) Mr. Gillespie shared the attached information regarding E‐rate with Board members. Student Liaison Comments Jacob Stowers asked Board members when the last day of school would be decided. Chairman Woodard advised that date would be set in March. Mr. Stowers told Board members he had been told the Board was considering moving graduation to one day with staggered times. He asked if that was true. Chairman Woodard stated Mr. Brown would be doing a survey of faculty and administrators because they are the ones that deal with graduation every year, year in and year out. Samuel Culbertson – absent Annabel Barr told School Board members that computers at Tazewell High School were well utilized. She said students use the computers for testing and for research in the classroom.

Board Member Comments Mr. Caudill – absent Mrs. Whittington ‐ no comments Mr. Jones – no comments Mrs. Moir – absent Chairman Woodard stated he had asked Mr. Brown to do a survey on a Saturday graduation. He said other than one person everyone else, especially teachers, seemed to like the idea of graduating on Saturday with staggered times so everyone would be able to attend. Chairman Woodard stated the Mitchell Stadium contract would be expiring soon. He asked Mr. Brown to send a Freedom of Information request for the actual operating dollars of the stadium for the last several years. Chairman Woodard asked that a committee be established of Board members, administrators, and Central Office personnel to look at where the Division wants to be in twenty years regarding facilities. He stated every year surveys are done for the budget and every year the Board always receives input to close Abb’s Valley Elementary, Raven Elementary and Springville Elementary. Chairman Woodard said he was not interested in closing those three schools. He mentioned Abb’s Valley Elementary received a little over one million dollars in funding based on student attendance. The cost to operate is a little under one million. He said it would not make sense to close schools that are still good and not costing a deficit to operate. While fewer schools may be in the future, Chairman Woodard felt a committee should look into what will be best for the school system and start heading down that road together. He asked everyone to put thought into that so it could possibly be discussed at the March Board meeting or at the budget work session. Mr. Jones made a motion to adjourn at 7:44 p.m. Mrs. Whittington seconded the motion, and the Board approved 3‐0.

2017 National School Counseling Week

2/6/2017

WHEREAS, comprehensive school counseling programs are an integral part of the education process and

student success; and

WHEREAS, school counselors work with parents and guardians to focus on ways to further the

educational, personal, and social growth of students; and

WHEREAS, school counselors are primary partners in state and local efforts to improve the academic

achievement of all students and reduce dropout rates; and

WHEREAS, Virginia is dedicated to ensuring that all students have the resources necessary to succeed in

their academic careers; and

WHEREAS, school counselors seek to identify and utilize community resources to enhance and

complement comprehensive school counseling programs and help students become productive

members of society; and

WHEREAS, National School Counseling Week is an opportunity to recognize the work of school

counselors across the Commonwealth and the United States for their continuing commitment to

education;

NOW, THEREFORE, I, Terence R. McAuliffe, do hereby recognize February 6–10, 2017, as NATIONAL

SCHOOL COUNSELING WEEK in our COMMONWEALTH OF VIRGINIA, and I call this observance to the

attention of all our citizens.

GOVERNOR TERRY MCAULIFFE

File: BCEA (Optional)

DISCIPLINARY COMMITTEE

A Disciplinary Committee composed of at least three School Board members presides over all cases of student suspensions of more than 10 days and expulsions within the Tazewell County Public School Division. The decision of the committee, if unanimous, is the final decision of the School Board. In non-unanimous decisions, the student has the right to appeal to the full School Board. The School Board shall render a final decision in such cases on the appeal within thirty days of the Committee decision.

The Disciplinary Committee follows the procedures set forth in Policy JGD/JGE Student Suspension/Expulsion.

Membership on the Disciplinary Committee is determined by the School Board. Adopted: ____________________________________________________________________________________________________________________________________________ Legal Ref.: Code of Virginia, §§ 22.1-277.05, 22.1-277.06. Cross Refs.: BEC School Board Committees JEC School Admission JGD/JGE Student Suspensions/Expulsions © 2/14 VSBA TAZEWELL COUNTY PUBLIC SCHOOLS

File: JGD/JGE (Option 2)

(Disciplinary Committee) Page 1

STUDENT SUSPENSION/EXPULSION

I. DEFINITIONS

As used in this Policy, “Alternative education program” shall include night school, adult education or

another education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.

“Destructive device” means (1) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (2) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known that will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter that is homemade or was not made by a duly licensed weapon manufacturer, any fully automatic firearm, any sawed-off shotgun or sawed-off rifle as defined in Va. Code § 18.2-299 or any firearm prohibited from civilian ownership by federal law; and (3) any combination of parts either designed or intended for use in converting any device into any destructive device described herein and from which a destructive device may be readily assembled. “Destructive device” does not include any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include any antique firearm as defined in subsection G of Va. Code § 18.2-308.2:2.

“Disruptive behavior” means a violation of school board regulations governing

student conduct that interrupts or obstructs the learning environment.

“Exclusion” means a Virginia school board’s denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than thirty calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state.

“Expulsion” means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

“Firearm” means (1) any weapon, including a starter gun that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an © 2/16 VSBA SCHOOL DIVISION NAME



explosion of a combustible material; (2) the frame or receiver of any such weapon; or (3) any unloaded firearm in a closed container. “Firearm” does not include any pneumatic gun as defined in this Policy.

“Long-term suspension” means any disciplinary action whereby a student is not permitted to attend school for more than ten school days but less than 365 calendar days.

“One year” means 365 calendar days as required in federal regulations.

“Pneumatic gun” means any implement, designed as a gun,that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. “School Board Disciplinary Committee or Disciplinary Committee” means a committee composed of at least three members of the Tazewell County Public Schools School Board.

“School property” means any real property owned or leased by the School Board or any vehicle owned or leased by the School Board or operated by or on behalf of the School Board.

“Short-term suspension” means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed ten school days.

"Superintendent's designee" means a 1) trained hearing officer or 2) professional

employee in the administrative offices of the school division who reports directly to the superintendent and who is not a school-based instructional or administrative employee. II. SUSPENSIONS AND EXPULSIONS OF STUDENTS GENERALLY

Pupils may be suspended or expelled from attendance at school for sufficient

cause; however, in no case may sufficient cause for suspension include only instances of truancy.

Any student for whom the superintendent has received a report pursuant to Va. Code § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code § 16.1-260 may be suspended or expelled from school attendance.

The authority of teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of this Policy.

© 2/16 VSBA SCHOOL DIVISION NAME

File: JGD/JGE

(Option 2) (Disciplinary Committee)

Page 3

III. SHORT-TERM SUSPENSIONS A pupil may be suspended for not more than ten school days by either the school

principal, any assistant principal, or, in their absence, any teacher. The principal, assistant principal or teacher may suspend the pupil after giving the pupil oral or written notice of the charges against him and, if he denies them, an explanation of the facts as known to school personnel and an opportunity to present his version of what occurred. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts and opportunity to present his version shall be given as soon as is practical thereafter.

Upon suspension of any pupil, the principal, assistant principal or teacher

responsible for such suspension reports the facts of the case in writing to the superintendent or superintendent’s designee and the parent of the pupil suspended. The superintendent or superintendent's designee reviews forthwith the action taken by the principal, assistant principal or teacher upon a petition for such review by any party in interest and confirms or disapproves such action based on an examination of the record of the pupil’s behavior.

The decision of the superintendent or superintendent’s designee is final and may not be appealed.

Any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten days includes notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options and of the student’s right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, are borne by the parent of the student. IV. LONG-TERM SUSPENSION

A pupil may be suspended from attendance at school for more than ten days after written notice is provided to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the Disciplinary Committee. The Disciplinary Committee may confirm or disapprove the suspension. If the Disciplinary Committee's decision is not unanimous, the pupil or his parent may appeal the Disciplinary Committee's decision to the full School Board. Such appeal shall be decided by the School Board within thirty days.

The written notice of a suspension for more than ten days includes notification of

the length of the suspension and provides information concerning the availability of




community-based educational, alternative education or intervention programs. Such notice also states that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the School Board during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his suspension is borne by the parent of the student.

Nothing herein shall be construed to prohibit the School Board from permitting or

requiring students suspended pursuant to this section to attend an alternative education program provided by the School Board for the term of such suspension.

V. EXPULSION A. Generally

Pupils may be expelled from attendance at school after written notice to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the Disciplinary Committee in accordance with the regulations of the School Board.

The Disciplinary Committee may confirm or disapprove the expulsion of a

student. If the Committee’s decision is not unanimous, the pupil or his parent may appeal the Committee’s decision to the full School Board. Such appeal is decided by the School Board within 30 days.

The Committee confirms or disapproves of proposed expulsions regardless of

whether the pupil has exercised the right to a hearing. The written notice given to the pupil and his parent includes notification of the length of the expulsion and provides information concerning the availability of community-based educational, training, and intervention programs. The notice states whether or not the student is eligible to return to regular school attendance, or to attend an appropriate alternative education program approved by the School Board, or an adult education program offered by the school division, during or upon the expiration of the expulsion, and the terms or conditions of such readmission. The costs of any community-based educational, training, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his expulsion is borne by the parent of the student.

Nothing in this Policy shall be construed to prohibit the School Board from

permitting or requiring students expelled pursuant to this Policy to attend an alternative education program provided by the School Board for the term of such expulsion.




If the School Board determines that the student is ineligible to return to regular

school attendance or to attend during the expulsion an alternative education program or an adult education program in the school division, the written notice also advises the parent of such student that the student may petition the School Board for readmission to be effective one calendar year from the date of his expulsion, and of the conditions, if any, under which readmission may be granted.

The School Board establishes, by regulation, a schedule pursuant to which such students may apply and reapply for readmission to school. Such schedule is designed to ensure that any initial petition for readmission will be reviewed by the Disciplinary Committee or the superintendent, and, if granted, would enable the student to resume school attendance one calendar year from the date of the expulsion. If the superintendent or the Disciplinary Committee denies such petition, the student may petition the School Board for review of such denial. B. Conduct Giving Rise to Expulsion

Recommendations for expulsions for actions other than those specified below

are based on consideration of the following factors: the nature and seriousness of the conduct; the degree of danger to the school community; the student’s disciplinary history, including the seriousness and number of

previous infractions; the appropriateness and availability of an alternative education placement or

program; the student’s age and grade level; the results of any mental health, substance abuse or special education

assessments; the student’s attendance and academic records; and other appropriate matters. No decision to expel a student shall be reversed on the grounds that such factors

were not considered. Nothing in this subsection precludes the School Board from considering any of the factors listed above as “special circumstances” for purposes of expulsions discussed in the following subsections. Firearms

The School Board shall expel from school attendance for a period of not less

than one year any student whom the School Board has determined to have possessed a firearm on school property or at a school-sponsored activity as prohibited by Va. Code § 18.2-308.1, or to have possessed a firearm or destructive device as defined in this Policy, a firearm muffler or firearm silencer, or a pneumatic gun as defined in this Policy on school property or at a school-sponsored activity. A school administrator, pursuant to




School Board policy, or the School Board may, however, determine, based on

the facts of a particular situation that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. The School Board may promulgate guidelines for determining what constitutes special circumstances. In addition, the School Board may, by regulation, authorize the superintendent or superintendent’s designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate.1 Nothing in this Policy shall be construed to require a student’s expulsion regardless of the facts of the particular situation.

The exemptions set out in Va. Code § 18.2-308 regarding concealed weapons apply, mutatis mutandis, to the provisions of this Policy. The provisions of this Policy do not apply to persons who possess such firearm or firearms or pneumatic guns as a part of the curriculum or other programs sponsored by the schools in the school division or any organization permitted by the school to use its premises or to any law-enforcement officer while engaged in his duties as such. Drug Offenses

The School Board shall expel from school attendance any student whom the

School Board has determined to have brought a controlled substance, imitation controlled substance or marijuana as defined in Va. Code § 18.2-247 onto school property or to a school-sponsored activity. The School Board may, however, determine, based on the facts of the particular case that special circumstances exist and another disciplinary action is appropriate. In addition, the School Board may, by regulation, authorize the superintendent or the superintendent’s designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate.2 Nothing in this Policy shall be construed to require a student’s expulsion regardless of the facts of the particular situation. C. Procedure for School Board Disciplinary Committee Hearing

The procedure for the Disciplinary Committee hearing is as follows:

FOOTNOTES ARE FOR REFERENCE ONLY AND SHOULD BE REMOVED FROM FINAL POLICY. 1 If the School Board adopts such a regulation, it must ensure that any disciplinary action imposed is taken in accordance with the procedures set forth in Article 3 of Chapter 14 of Title 22.1 of the Code of Virginia. 2 If the School Board adopts such a regulation, it must ensure that any disciplinary action imposed is taken in accordance with the procedures set forth in Article 3 of Chapter 14 of Title 22.1 of the Code of Virginia. © 2/16 VSBA SCHOOL DIVISION NAME



The Disciplinary Committee determines the propriety of attendance at the

hearing of persons not having a direct interest in the hearing. The hearing is private unless otherwise specified by the Disciplinary Committee.

The Disciplinary Committee may ask for opening statements from the principal or his representative and the student or his parent(s) (or their representative) and, at the discretion of the Disciplinary Committee, may allow closing statements.

The parties then present their evidence. Because the principal has the ultimate burden of proof, he presents his evidence first. Witnesses may be questioned by the Disciplinary Committee members and by the parties (or their representative). The Disciplinary Committee may, at its discretion, vary this procedure, but it shall afford full opportunity to both parties for presentation of any material or relevant evidence and shall afford the parties the right of cross-examination provided, however, that the Disciplinary Committee may take the testimony of student witnesses outside the presence of the student, his parent(s) and their representative if the Disciplinary Committee determines, in its discretion, that such action is necessary to protect the student witness.

The parties shall produce such additional evidence as the Disciplinary Committee may deem necessary. The Disciplinary Committee is the judge of the relevancy and materiality of the evidence.

Exhibits offered by the parties may be received in evidence by the Disciplinary Committee and, when so received, are marked and made part of the record.

The Disciplinary Committee may, by majority vote, uphold, reject or alter the recommendations.

The Disciplinary Committee transmits its decision, including the reasons therefor, to the student, his parent(s), the principal and superintendent.

Following the decision of the Disciplinary Committee or upon expiration of the

appeal period, the student’s parent(s) or guardian is provided with written notice which includes the following:

The terms or conditions of re-admission, if any;

The duration of expulsion;




A statement declaring whether the student is eligible to return to school or

attend an appropriate alternative education program approved by the School Board or an adult education program offered by the division during or after the expulsion. If neither option applies, a statement that the student may petition the School Board for readmission after one calendar year from the date of his expulsion; and

The availability of community-based educational, training and intervention programs.

The student or his parent(s) may appeal the Disciplinary Committee's decision to

the full School Board only if the decision of the Disciplinary Committee is not unanimous. Otherwise the decision of the Disciplinary Committee is final.

The appeal to the full School Board must be in writing and must be filed with the

superintendent within five (5)3 calendar days of the Committee's decision. Failure to file a written appeal within the specified time constitutes a waiver of the right to an appeal. The full School Board decides the appeal upon the record of the case within thirty (30) calendar days of the request for an appeal and communicates its decision in writing to the student and his parent, guardian or other person having control or charge of the student. Such written notice includes any changes in: (1) the duration of the suspension or expulsion; (2) the availability of community-based educational, training, and intervention programs; and/or (3) eligibility to return to school or attend an alternative education program. No statements, witnesses or evidence may be presented at this appeal unless specifically requested by the Chairman of the Board.

VI. ALTERNATIVE EDUCATION PROGRAM

The School Board may require any student who has been (1) charged with an offense relating to the laws of Virginia, or with a violation of

School Board policies, on weapons, alcohol, or drugs, or intentional injury to another person, or with an offense that is required to be disclosed to the superintendent pursuant to Va. Code § 16.1-260.G;

(2) found guilty or not innocent of an offense relating to Virginia’s laws on weapons, alcohol, or drugs, or of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent pursuant to Va. Code § 16.1-260.G.;

(3) found to have committed a serious offense or repeated offenses in violation of School Board policies;

FOOTNOTES ARE FOR REFERENCE ONLY AND SHOULD BE REMOVED FROM FINAL POLICY. 3 The number of days within which the appeal must be filed is a local decision to be determined by each School Board. © 2/16 VSBA SCHOOL DIVISION NAME

File: JGD/JGE


Page 9 (4) suspended pursuant to Va. Code § 22.1-277.05; or (5) expelled pursuant to Va. Code § 22.1-277.06, 22.1-277.07, or 22.1-277.08 or

subsection B of Va. Code § 22.1-277,

to attend an alternative education program. The School Board may require such student to attend such programs regardless of where the crime occurred. The School Board may require any student who has been found to have been in possession of, or under the influence of, drugs or alcohol on a school bus, on school property, or at a school-sponsored activity in violation of School Board policies, to undergo evaluation for drug or alcohol abuse, or both, and, if recommended by the evaluator and with the consent of the student’s parent, to participate in a treatment program.

A principal or principal’s designee may impose a short-term suspension,

pursuant to Va. Code § 22.1-277.04, upon a student who has been charged with an offense involving intentional injury enumerated in Va. Code § 16.1-260.G, to another student in the same school pending a decision as to whether to require that such student attend an alternative education program.

As used herein, “charged” means that a petition or warrant has been filed or is

pending against a pupil.

VII. REPORTING A. Except as may otherwise be required by federal law, regulation, or jurisprudence,

reports are made to the superintendent and to the principal or principal’s designee on all incidents involving

(1) the assault, or assault and battery, without bodily injury, of any person on a school bus, on school property or at a school-sponsored activity;

(2) the assault and battery which results in a bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, or stalking of any person as described by Va. Code § 18.2-60.3, on a school bus, on school property or at a school-sponsored activity;

(3) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;

(4) any threats against school personnel while on a school bus, on school property or at a school-sponsored activity;

(5) the illegal carrying of a firearm as defined in Va. Code § 22.1-277.07 onto school property;




(6) any illegal conduct involving firebombs, explosive materials or devices or

hoax explosive devices, as defined in Va. Code § 18.2-85, or explosive or incendiary devices, as defined in Va. Code § 18.2-433.1, or chemical bombs, as described in Va. Code § 18.2-87.1, on a school bus, on school property or at a school sponsored activity;

(7) any threats or false threats to bomb, as described in Va. Code § 18.2-83, made against school personnel or involving school property or school buses;

(8) the arrest of any student for an incident occurring on a school bus, on school property or at a school-sponsored activity, including the charge therefor and

(9) any illegal possession of weapons, alcohol, drugs or tobacco products. B. The superintendent and the principal or principal’s designee may receive reports

made by local law enforcement authorities on offenses, wherever committed, by students enrolled at the school if the offense would be a felony if committed by an adult or would be a violation of the Drug Control Act, Va. Code § 54.1-3400 et seq., and occurred on a school bus, on school property, or at a school-sponsored activity, or would be an adult misdemeanor involving any incidents described in the clauses (1) through (8) of subsection VII.A. of this Policy, and whether the student is released to the custody of his parent or, if 18 years of age or more, is released on bond. A superintendent who receives notification that a juvenile has committed an act that would be a crime if committed by an adult pursuant to subsection G of Va. Code § 16.1-260 reports such information to the principal of the school in which the juvenile is enrolled.

C. The principal or principal’s designee submits a report of all incidents required to be

reported pursuant to subsection VII.A.(1-8) of this Policy to the superintendent. The superintendent annually reports all such incidents to the Department of Education.

In submitting reports of such incidents, principals and superintendents accurately indicate any offenses, arrests, or charges as recorded by law-enforcement authorities and required to be reported by such authorities pursuant to subsection VII.B. of this Policy.

D. The principal or principal’s designee also notifies the parent of any student involved

in an incident required by this subsection to be reported, regardless of whether disciplinary action is taken against such student or the nature of the disciplinary action. Such notice relates to only the relevant student’s involvement and does not include information concerning other students.

E. Whenever any student commits any reportable incident as set forth in this

subsection, such student shall be required to participate in such prevention and intervention activities as deemed appropriate by the superintendent or superintendent’s designee.




F. Except as may otherwise be required by federal law, regulation, or jurisprudence, a

principal immediately reports to the local law-enforcement agency any act enumerated in clauses (2) through (7) of subsection VII.A. of this Policy that may constitute a criminal offense and may report to the local law enforcement agency any incident described in clause (1) of subsection VII.A. of this Policy.

In addition, except as may be prohibited by federal law, regulation, or jurisprudence, the principal also immediately reports any act enumerated in clauses (2) through (5) of subsection VII.A of this Policy that may constitute a criminal offense to the parents of any minor student who is the specific object of such act. Further, the principal reports that the incident has been reported to local law enforcement as required by law and that the parents may contact local law enforcement for further information, if they so desire.

G. For purposes of this section, “parent” or “parents” means any parent, guardian or

other person having control or charge of a child. VIII. RE-ADMISSION OF SUSPENDED AND/OR EXPELLED STUDENTS

Any student who has been suspended from a school of this division is not eligible to attend any other school within the division until eligible to return to his or her regular school.

Any student who has been expelled or suspended for more than thirty days from

attendance at school by a school board or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance in the Tazewell County Schools, in accordance with Policy JEC School Admission. In the case of a suspension of more than thirty days, the term of the exclusion may not exceed the duration of such suspension.

In excluding any such expelled student from school attendance, the Tazewell County School Board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling school board pursuant to Va. Code § 22.1-277.06. The School Board shall not impose additional conditions for readmission to school.

No suspended student is admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student’s behavior, unless the school principal or principal’s designee determines that re-admission, without parent conference, is appropriate for the student.

If the parent fails to comply with this Policy or Policy JEC School Admission, the School Board may ask the Juvenile and Domestic Relations Court to proceed against




the parent for willful and unreasonable refusal to participate in efforts to improve the student’s behavior.

Upon the expiration of the exclusion period for an expulsion or a withdrawal of

admission, which period shall be established by the School Board, committee thereof, or superintendent or superintendent’s designee, as the case may be at the relevant hearing, the student may re-petition the School Board for admission. If the petition for admission is rejected, the School Board shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition the School Board for admission.

The School Board may permit students excluded pursuant to this subsection to

attend an alternative education program provided by the School Board for the term of such exclusion.

IX. DISCIPLINING STUDENTS WITH DISABILITIES Students with disabilities are disciplined in accordance with Policy JGDA Disciplining Students with Disabilities. Adopted: ____________________________________________________________________________________________________________________________________________

Legal Refs.: 20 U.S.C. § 7151.

Code of Virginia, 1950, as amended, §§ 15.2-915.4, 16.1-260, 18.2-119, 18.2-308.1, 18.2-308.7, 18.2-308.2:2, 22.1-200.1, 22.1-254, 22.1-276.01, 22.1-276.2, 22.1-277, 22.1-277.04, 22.1-277.05, 22.1-277.06, 22.1-277.07, 22.1-277.07:1, 22.1-277.08, 22.1-277.2, 22.1-277.2:1, 22.1-279.3:1. 8 VAC 20-560-10.

Cross Refs.: BCEA Disciplinary Committee

IGBH Alternative School Programs JEC School Admission

JFC-R Standards of Student Conduct JFCD Weapons in School

JGDA Disciplining Students with Disabilities JGDB Discipline of Students with Disabilities for Infliction of

Serious Bodily Injury


JGD/JGE-R.1 JGD/JGE-R.1

STUDENTS

Suspension

A. Generally

All available resources promptly will be enlisted to assist students in making required adjustments.

This assistance will range from simple behavioral suggestions by the classroom teacher to the use of the skills of specialized persons in the school division or available for consultation from outside the division. In utilizing these resources to assist any student to adjust to the school situation, each staff member, from classroom teacher to superintendent, is expected to call upon the resource or resources deemed best suited to meet the particular student's individual needs.

When attempts to achieve a satisfactory adjustment fail, the suspension of a student may become necessary either to help improve his/her conduct or to relieve others of the distraction caused by his/her behavior.

B. Definition

The school board has defined suspension as "the formal act that denies a student access to the school premises without removing his name from the school register."

C. Authority

Each school principal, assistant principal or teacher-in-charge is delegated authority to suspend a student when, in their judgment, this action is required. In the exercise of this authority, the principal, or a designee, is subject to all provisions of law and of this policy.

D. Duration

The principal, or designee, may suspend a student from school for not more than ten (10) days. The principal may terminate any period of suspension at an earlier time when a parent or guardian complies with the request for a conference. All suspensions for periods longer than ten (10) days must be approved by the superintendent who will provide written notice to the pupil and his parent the right to a hearing before the Disciplinary Committee

E. Notice of Suspension

The notice of suspension should be completed in triplicate with one copy mailed to the parent or legal guardian, one copy sent to the central office and one copy retained by the school.

The space on the suspension notice designated for the principal's statement must include:

1. Charges or reasons for suspension 2. A statement to the effect that the student has been informed of the reasons for

suspension and given an opportunity to reply to the charge or charges before the suspension is effective

3. Length of suspension 4. Parental conference is necessary before student is reinstated 5. Right of appeal

JGD/JGE-R.1 JGD/JGE-R.1 Page 2 F. Appeals

A student or parent must be informed of the right to appeal a suspension.

Students suspended from school for not more than ten (10) days may appeal the suspension to the division superintendent. The decision of the division superintendent, or designee, shall be final.

For suspensions over ten days, and after receiving a written request for an appeal from the parent, the pupil and his parent(s) (or their representative) have a right to a hearing before the Disciplinary Committee.

The guidelines do not preclude the right of the principal to remove a student from the school premises because of a flagrant violation which would require immediate action.

G. Reinstatement of Students

The manner in which a student is received on returning from his/her suspension is of utmost importance. The following steps should be used when applicable:

1. Accompanied by a parent or guardian, the student shall report to the principal or other designated staff member upon return to school.

2. The principal or another staff member shall consider the best class placement and confer with the teacher and/or counselor in preparation for the student's return.

3. The student shall resume classroom activities with no further reference to past difficulties

H. Suspension (and Expulsion) of Handicapped Students

It is the responsibility of the school administration to create an atmosphere conducive to learning, to help students learn responsible conduct, and to maintain a safe environment in which the school can accomplish its goals and objectives. In order to fulfill these responsibilities, good discipline must be maintained; therefore, the school board has established policies and regulations dealing with disruptive behavior of all students. In this respect, all students, handicapped and nonhandicapped, come under one umbrella.

Federal and State laws require that in the following two cases handicapped students must be treated differently:

1. If the proposed action substantially changes the student's individualized education program.

2. If the proposed action denies the student a free appropriate public education.

Court cases have provided direction and established conditions and procedures to follow when either of the above actions become necessary:

1. All students have the right to procedural safeguards when being disciplined:

a. The right to know what specific rule he/she has violated; b. The right to know how you know he/she has violated the rule; c. The opportunity to respond to the accusations; and d. The right to have an investigation conducted if there is contradictory

information.

2. Short-term suspension is for 10 or fewer days and long-term suspension is for more than 10 days.

JGD/JGE-R.1 JGD/JGE-R.1 Page 3 3. Suspensions of more than 10 days atone time or an accumulative total of more than 10 days

during a school year are considered long-term suspensions.

Where a disciplinary action involving long-term suspension or expulsion of a handicapped student is being considered, a determination must be made as to whether or not there is a direct causal relationship between the student's handicap and the misconduct. This determination must be made by a specialized, knowledgeable group of persons pursuant to the change of placement procedures. If a direct causal relationship is found, the appropriateness of the placement must be reassessed.

The following procedures should be followed when it becomes necessary to impose a suspension:

1. Notify the parent(s) or guardian(s) immediately of an emergency IEP meeting, by telephone and in writing. Document all unsuccessful attempts to reach parent(s)/guardian(s).

2. Convene the IEP committee

3. The IEP committee must determine if there is a link between the student's handicap and the inappropriate behavior. If there is a link, the student may not be suspended, but may be considered for a change in placement. (Usual referral procedures must be followed.) If there is no link, the regular discipline procedures should be applied.

4. Notes should be kept on the IEP committee meeting and signed and dated by all participants.

In emergency situations involving handicapped students, short-term suspension should be imposed, and the IEP committee meeting set up as soon as possible. The following situations can be considered as emergencies:

1. The student is uncontrollably violent. 2. The student presents an actual danger to himself or others 3. The student poses a threat of harm to himself or to others. 4. The student is so disruptive that normal school activities cannot continue. 5. The student is physically or verbally abusive to others.

Regulatory Authority: (1984)

Approved by School Board: June 9, 1986 Amended by the School Board: June 13, 2005 Amended by the School Board: August 8, 2005 (5)


STUDENTS

Expulsion

A. Generally

The principal of a school, for sufficient cause within the scope of the board's policies, may recommend to the superintendent the expulsion of a student from school.

The principal shall attach to his/her written recommendation all supportive evidence as to the act or actions of the student prompting the recommendation and evidence of all previous efforts made by the staff to assist the student in the case where the recommendation is the result of a series of acts by the student.

After consultation with the principal, the parents and the student and an examination of the evidence presented him, the superintendent may recommend to the Disciplinary Committee that a student be expelled. The parents or guardian of the student shall be notified in writing of the time and place of the meeting at which the Disciplinary Committee will consider the recommendation for expulsion and of the charges against the student. The parents or guardian shall be given a copy of the board's policy on expulsion and this administrative regulation.

During the interim period between the principal's recommendation of expulsion and the action of the Disciplinary Committee, the student is considered to be suspended from all school activities and school functions and is prohibited from being on school premises. The principal shall follow the regulations for suspension during this interim period. Exception - - Students attending an off campus alternative program will be allowed on school property for the sole purpose of taking required exams,

Standards of Learning benchmark tests, and Standards of Learning end of course tests.

B. Expulsion of Handicapped Students

Editor's Note

See division regulation JGD/JGE-R.1 preceding at Part H.


See legal references to school board policy JGD/JGE

Approved by School Board: June 9, 1986 Amended by School Board: January 8, 2007

JFCD-R JFCD-R

STUDENTS Weapons/Explosives

A. Definitions

1. Weapons. Weapons include firearms, BB guns, air rifles, other instruments designed to propel a missile or projectile or aerosol of any kind, stun weapons, dirks, bowie knives, switchblade knives, razors, slingshots, metal knucks, nun chahkas, fighting chains and other such items as defined under Section 18.2308 and Section 18.2-308.1 of the Code of Virginia of 1950, as amended and is from time to time amended, and all other knives, materials, chemicals, substances or implements designed or used to inflict injury or damage or used in any coercive or threatening manner.

2. Explosives. Explosives include fireworks, dynamite, dynamite caps and other explosive

substances.

B. Restrictions

Students shall not possess, use or transport weapons and/or explosives on school property or when going to and returning from school.

C. Exemptions

The provisions of this regulation shall not apply to students who carry such weapons or explosives as a part of the school curriculum.

D. First Offense

Any student who brings a weapon, gun, knife of any size, ammunition, explosives, or any other dangerous object to school, or who has in his/her possession any such article immediately will be suspended from school for 10 days except as otherwise provided herein. Toy or look alikes used in threatening ways, also will result in a 10 day suspension unless provided for otherwise. The principal will refer the student's case to the superintendent with a possible recommendation for expulsion. In the case of a primary or elementary student, the principal and the superintendent will confer prior to any such suspension and if the circumstances merit, a lesser penalty can be imposed unless the offense involves a gun. Any violation involving a gun will result in expulsion of a minimum period of 12 months. This penalty also applies to bringing such articles (continued)

JFCD-R JFCD-R

STUDENTS

Weapons/Explosives

D. First Offense (continued)

or having such articles in one's possession at school sponsored events, whether on or off school property, or on a school bus or while enroute to or from school, or at a bus stop area. The principal or designee will report each case to the law enforcement authorities. The principal or designee will immediately notify the parents or guardians of the offense, the suspension, the referral, and the recommendation to the superintendent. Parents or guardians have the right to an appeal as established in school board policy.

E. Second Offense

A second violation involving possession, or bringing a weapon, gun, knife of any size, ammunition, explosive, or other dangerous article on school property will result in a recommendation to the superintendent for immediate expulsion. Toys or look alike weapons or guns used in a threatening manner will also result in a recommendation to the superintendent for immediate expulsion. The same penalty also applies to a second offense for bringing weapons or other dangerous articles or having weapons or dangerous articles at school events whether on or off school property, or on a school bus enroute to or from school, or at the bus stop area. The superintendent shall recommend to the school board Disciplinary Committee that the student be expelled from the school division. The principal or designee will report each case to law enforcement authorities and shall immediately notify the parents or guardians of the offense, referral, and recommendation for expulsion.

Regulatory Authority:

Code of Va., $ 18.2-308.1. Code of Va., $ 18.2-85.

Approved by School Board: June 9, 1986 Amended by School Board: March 14, 1994 Amended by School Board: March 13, 1995 Amended by School Board: July 14, 2003

(2)

JFC-R.1 JFC-R.1

STUDENTS

STATEMENT OF PURPOSE FOR STANDARDS OF STUDENT CONDUCT

The development, implementation, and enforcement of a Student Conduct Policy is intended to ensure that all students have fair access to an education. To that end, this policy sets forth those standards of behavior believed to be appropriate in the learning environment and informs all students, their parents, and the larger community of the consequences for violations of this policy. The following are standards of student conduct established by the School Board for all students under its jurisdiction.

RESPONSIBILITIES OF PARENTS ●Monitor and require daily attendance. ●Assume responsibility for your child’s behavior and teach compliance with school rules. ●Teach children skills to solve conflicts peacefully. ●Teach children to respect themselves and others. ●Know the school’s rules and sanctions for violations of the rules and teach them to your child. ●Participate in policy development and implementation. ●Support the school’s policy, curriculum, and programs. ●Maintain regular communication with the school. ●Bring to the attention of school officials any problem that may affect your child’s behavior or

academic success at school. ●Bring to the attention of school officials any information that could be used to prevent harm or

bodily injury to students or staff or damage to school property.

Conduct Invoking Punitive Action

A. Generally These student conduct rules are effective during the following times and in the following places: 1. On the school grounds during and immediately before or immediately after school hours; 2. On the school grounds at any other time when school is being used by a school group; 3. Off the school grounds at a school activity, function or event; 4. En route to and from school; and 5. At any other time that the result of the activities might impact upon the operation and administration of the school. All conduct infractions cannot be described in the conduct policy. The school administrator has broad discretion to determine consequences for student misconduct at the school level. The range of consequences for student misconduct that can be assigned may include without limitation—student conference, parent conference, before or after school detention, in-school suspension (detention in school), Saturday school, and out-of-school suspension up to ten days. Each infraction will be dealt with on an individual basis within the conduct policy. Students who continually disrupt the educational process and those who have multiple disciplinary infractions will be given more serious consequences as deemed appropriate by the administration. Conduct Invoking Punitive Action B. Offenses/Procedures/Disciplinary Options 1. Minor Classroom Disturbances Acts which cause disruption of learning opportunities, that include excessive talking, and not being prepared for classroom instruction. 1st Offense: Teacher will monitor classroom conduct using student conferences, parental conferences, and/or detention hall. 2nd Offense: One (1) to two (2) days in-school suspension. 3rd Offense: Offenses become significant.

JFC-R.1 Page 2

2. Significant Classroom Disturbances Students shall not engage in conduct that is or is intended to be disruptive of any school activity, function or process of the school or is dangerous to the health or safety of students or others. Acts which cause substantial disruption of learning opportunities and/or threaten the safety of other students that include multiple minor offenses, profanity, obscenity, vulgarity, and disrespect. 1st Offense: Three (3) days out-of-school suspension. 2nd Offense: Five (5) days out-of-school suspension. 3rd Offense: Ten (10) days out-of-school suspension. 4th Offense: Recommendation for removal or expulsion. 3. School Disturbances Acts which cause substantial disruption of learning opportunities and/or threaten the safety of other students which include both bomb threats, false fire alarms, and threats of harm to person/facility. Proper authorities contacted and a ten (10) day out-of-school suspension followed by a long-term suspension of not less than 180 school days. 4. Visual Display of Profanity, Obscenity, and Vulgarity A student’s dress and appearance shall not be such that it causes disruption, distracts others from the educational process or creates a health or safety problem. Students must comply with specific building dress regulations and or which students will be given prior notice. Display or possession of any article that conveys an obscene or objectionable message or advertises drugs, alcoholic beverages, or any other inappropriate items. 1st Offense: Immediate removal of objectionable article or change of clothing. 2nd Offense: Immediate removal of objectionable article or change of clothing and in-school suspension, parental notification. 3rd Offense: Immediate removal of objectionable article or change of clothing and three (3) days out- of-school suspension. 5. Improper Display of Affection 1st Offense: One (1) day in-school suspension, parental conference. 2nd Offense: Three (3) days in-school suspension. 6. Vandalism/Theft Students shall not willfully or maliciously damage or deface any school building or other property owned or under the control of the School Board. In addition, students shall not willfully or maliciously damage or deface property belonging to or under the control of any other person at school, on a school bus or at school-sponsored events. A student shall not intentionally take the personal property of another person without consent under duress, threat or otherwise. a. Minor Theft or Minor Vandalism of Public or Private Property 1st Offense: Restitution unless cost of the loss or damage is prohibitive and five (5) days out-of-school suspension. 2nd Offense: Restitution unless cost of the loss or damage is prohibitive and ten (10) days out-of-school suspension. 3rd Offense: Recommendation for expulsion. b. Major Theft or Major Vandalism of Public or Private Property 1st Offense: Restitution unless cost of the loss or damage is prohibitive, ten (10) days out-of-school suspension, contact authorities if needed, and possible recommendation for expulsion. 7. Misbehavior on School Bus Students shall not behave in a disruptive manner or otherwise violate Standards of Conduct while waiting for a school bus, while on the school bus or after being discharged from a school bus. The School Bus Discipline Policy: 1st Offense: Students will be warned and a notice sent to parents to be signed and returned to the school administrator. 2nd Offense: Bus riding privileges will be removed for a period of one day for grades K-4 and two days for grades 5-12. 3rd Offense: Bus riding privileges will be removed for a period of three days for grades K-4 and five days for grades 5-12. A

conference with the building administrator, parents, bus driver and student(s) will be held. 4th Offense: Bus riding privileges will be removed for the rest of the school year. 8. Weapons and Dangerous Instruments Students shall not have in their possession any type of unauthorized firearm or other article which may be used as a weapon, regardless of whether it is commonly accepted as such. This regulation incorporates Policy JFCD.

JFC-R.1 Page 3

a. Possession or bringing a handgun, pistol, rifle, or shotgun to school or to a school event.

1st Offense: Confiscation of object, notification of parent(s), notification of authorities, automatic expulsion that may be modified upon an appeal to the Local Education Authority.

b. Possession of any object that reasonably can be considered a weapon which includes any material, substance or implement

designed or used to inflict injury or damage, or capable of being used in any threatening or coercive manner. 1st Offense: Confiscation of object, notification of parent(s), possible notification of authorities, immediate ten (10) days suspension of student, and possible recommendation for expulsion.

9. Substance Abuse (Drugs, Alcohol and/or Tobacco) A student shall not possess, use, and/or distribute alcohol, tobacco, and/or tobacco products or electronic cigarettes, or other drugs on school property, on school buses, or during school activities, on or off school property. This includes, but may not be limited to, smokeless tobacco, anabolic steroids, look-alike drugs, drug paraphernalia, and any prescription or non-prescription drug not possessed in accordance with Policy JHCD. A student shall not possess, procure or purchase or attempt to purchase, or be under the influence of (legal intoxication not required), or use or consume or attempt to use or consume, any of the restricted substances listed in this regulation or what is represented by or to the student to be any of the restricted substances listed in this regulation or what the student believes is any of the restricted substances in this regulation. This regulation incorporates Policy JFCF. Restricted Substances include alcoholic drinks, marijuana, narcotic drugs, hallucinogens, stimulants, depressants, and anything else covered by the Drug Control Act referenced below, as well as any abusable glue, paint and similar materials, anabolic steroids, and both prescription and non-prescription drugs if they are not taken according to the prescription or directions on the package, and includes anything that a student represents to be a restricted substance or which a student believes is a restricted substance. Students shall not manufacture, give, sell, distribute or possess with intent to give, sell, or distribute marijuana or other controlled substance as defined in the Drug Control Act, Chapter 15.1 of Title 54 of the Code of Virginia. a. Possession and/or use of Schedule I or Schedule II drugs, which does include marijuana.

1st Offense: Call police or juvenile authority for interview with the violator, notification of parent(s), mandatory expulsion which may be modified to suspension by the Local Education Authority under modification provision of the SDFSCA (Safe Drug-Free Schools and Community Act). Student may also be placed on probation and possibly recommended for rehabilitative resource such as, but not limited to, a health clinic for counseling, and a follow-up conference to be held at the end of the suspension/expulsion.

b. Possession and/or Use of All Drugs, (not listed in 9a.), including drug paraphernalia, except Alcohol and Tobacco

1st Offense: Call police or juvenile authority for interview with the violator, notification of parent(s), immediate ten (10) days suspension of student, possible suspension of student for the remainder of the year and/or possible expulsion. Student may also be placed on probation and possibly recommended for rehabilitative resource such as, but not limited to, a health clinic for counseling, and a follow-up conference to be held at the end of the suspension/expulsion.

c. Sale/Distribution of All Drugs except Alcohol, Tobacco, and Non-Controlled Over-the-Counter Drugs or Medications 1st Offense: Call police or juvenile authority for interview with the violator, notification of parent (s), mandatory expulsion

which may be modified to suspension by the Local Education Authority under modification provision of the SDFSCA (Safe Drug-Free Schools and Community Act). Student may also be placed on probation and possibly recommended for rehabilitative resource such as, but not limited to, a health clinic for counseling, and a follow-up conference to be held at the end of the suspension/expulsion.

d. Distribution, Possession and/or Use of Alcohol (Intoxication)

1st Offense: Call police or juvenile authority for an interview with the violator, notification of parent(s), ten (10) days suspension, and at the discretion of the superintendent, for any period up to and including suspension for the remainder of the school year.

e. A Self-Avowed User 1st Offense: Provision of helpful resources, while maintaining confidentiality in keeping with student rights.

JFC-R.1 Page 4

f. Possession or Use of Tobacco in any form including electronic cigarettes 1st Offense: Three (3) days out-of-school suspension and call police or juvenile authority 2nd Offense: Five (5) days out-of-school suspension and call police or juvenile authority 3rd Offense: Ten (10) days out-of-school suspension and call police or juvenile authority 10. Violence Threats of Intimidation Students shall not make any verbal or physical threat of bodily injury or use of force directed toward another person for the

purpose of extortion or for any other reason. Assault and Battery A student shall not assault or commit battery upon another person. Voluntary fighting resulting in physical injury to another

person shall be considered assault and battery. Physical Assault includes any physical confrontation that may result in no injury, minor injury, or serious injury that includes, but

may not be limited to, kicking, shoving, pushing, hitting, and fighting. Battery is the unlawful application of force to the person of another. Bullying A student, either individually or as a part of a group, shall not harass or bully others. Prohibited conduct includes, but is not

limited to, physical intimidation, taunting, name-calling, and insults and any combination of prohibited activities. Prohibited conduct includes verbal conduct consisting of comments regarding race, gender, religion, physical abilities or characteristics or associates of the target person.

1st Offense: Warning and mandatory parent/guardian conference within 24 hours. Mandatory participation in bullying program using Virginia Department of Education resources with school guidance counselor.

2nd Offense: Minimum of five (5) days OSS up to a maximum of ten (10) days OSS with a mandatory parent conference before the student may return.

Subsequent Offenses: Recommendation to School Board Disciplinary Committee for expulsion of not less than 180 days. The parent/guardian must request a hearing before the Board before the student may return to the regular school setting.

Harassment A student shall not harass another student or any school employee, volunteer, student teacher or any other person present in

school facilities or at school functions in violation of Policy JFHA/GBA Sexual Harassment/Harassment Based on Race, National Origin, Disability and Religion.

Hazing Students shall not engage in hazing. Hazing means to recklessly or intentionally endanger the health or safety of a student or

students or to inflict bodily harm on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.

The principal of any school at which hazing which causes bodily injury occurs shall report the hazing to the local Commonwealth Attorney. Hazing, as defined above, is a Class 1 misdemeanor which may be punished by confinement in jail for up to 12 months and a fine of up to $2,500, or both, in addition to any disciplinary consequences which may be imposed under this policy. In addition, any person receiving bodily injury by hazing has a right to sue, civilly, the person or persons guilty thereof, whether adults or infants. See Va. Code 18.2-56.

Gang Activity/Association The School Board acknowledges the existence of gangs in the community and the threat they pose to the educational

environment. Therefore, students shall not engage in gang activity on school grounds, on school buses or on any school sponsored activity. A gang is defined as any group of two or more persons whose purpose includes:

• commission of illegal acts • participation in activities that threaten the safety of persons or property • disruption of the school activities • creation of an atmosphere of fear and intimidation

JFC-R.1 Page 5

Gang activity is defined as: • wearing, using, distributing, displaying, or selling any clothing, jewelry, emblem, badge, symbol, sign, or other thing that is

evidence of membership or affiliation in any gang; • committing any act or omission, or using any speech, either verbal or non-verbal (such as gestures or hand- shakes) showing

membership or affiliation in a gang; • using any speech or committing any act or omission in furtherance of the interests of any gang, including: (a) soliciting,

hazing, and initiating others for membership in any gang, (b) requesting any person to pay protection or otherwise intimidating or threatening any person, (c) committing any other illegal act or other violation of school policy, and (d) inciting other students to act with physical violence;

• inappropriate congregating, bullying, harassment, intimidation, degradation, disgrace and/or related activities which are likely to cause bodily danger, physical harm, or mental harm to students, employees or visitors.

Students shall be subject to disciplinary action in accordance with Tazewell County Public School Policy and Regulation JFC for participating in gang activity.

Self Defense Students are subject to disciplinary action for misconduct. Cases for which self-defense is claimed must meet the following

criteria: (1) the claimant must not have provoked or behaved in a manner to cause the incident; (2) the claimant must have had reasonable fear of danger of harm; and (3) the claimant used no more force than needed for protection from the threatened harm. Such incidents should be reported immediately to school officials. When claims of self-defense have been established, the administrator shall: (1) allow the student to present his version of what occurred and (2) review circumstances and relevant information from others pertaining to the incident, including relationships and previous patterns of interaction among the students involved. Findings, from the review of circumstances and other relevant information should be considered in determining appropriate corrective disciplinary action. Claims of self-defense do not constitute a valid defense against possession or use of a weapon on school property or at any school-sponsored activity. Weapons are prohibited on school property and at school-sponsored events.

a. Offenses of arguing, disagreement and threatening, but no fighting 1st Offense: Conference with student using conflict resolution strategies, notification of parent (s) and one (1) day in-school suspension.

2nd Offense: Three (3) days in-school suspension. 3rd Offense: Three (3) days out-of-school suspension. 4th Offense: Five (5) days out-of-school suspension.

b. Offenses of fighting, threatening and/or intimidation of another student or students, but not of extreme nature and students are cooperative.

1st Offense: Conference with student, using conflict resolution strategies, notification of parent (s), and three (3) days out-of-school suspension.

2nd Offense: Five (5) days out-of-school suspension. 3rd Offense: Ten (10) days out-of-school suspension and possible recommendation for expulsion.

c. Offenses included in 10b but of Extreme Nature 1st Offense: Notification of parent (s), authorities, superintendent, and immediate ten (10) days out-of- school suspension and

possible recommendation for expulsion. d. Incidents of assault and battery involving students to School Board employees VERBAL—extreme cussing or verbal abuse. PHYSICAL—grabbing, striking, hitting, kicking, or otherwise physically abusing.

Notification of parent (s) and superintendent, immediate ten (10) days out-of-school suspension and possible recommendation for expulsion.

e. Incidents of sexual harassment of either student to student or student to employee of the School Board. Immediately report incident to the Supervisor of Human Resources.

11. Gambling A student shall not bet money or other things of value, or knowingly play or participate in any game involving such a bet, on

school property or during any school related activity. 1st Offense: Three (3) days in-school suspension. 2nd Offense: One (1) day out-of-school suspension. Severe violation of gambling policy will result in suspension and possible expulsion, authorities will be notified.

JFC-R.1 Page 6

12. Sale of, attempted sale of, or distribution of any object or substance not authorized by the administration. (ex. Computer games, baseball cards, candy, etc.) 1st Offense: One (1) day in-school suspension. 2nd Offense: Two (2) days in-school suspension. 3rd Offense: Two (2) days out-of-school suspension. 13. This section of JFC-R.1 (number 13) applies to middle school students only. Possession of Beepers, Cellular Telephones, Personal Digital Assistant (PDAs), or Similar Devices. Middle school students

having a signed parental consent form on file in the administrative office may possess a beeper, cellular telephone, or PDA on school property, including school buses, provided the device remains in their personal vehicle or locker and is turned off during the instructional day, which is defined as 8:00 a.m. until 3:30 p.m. If a middle school student possesses such a device other than as permitted in this policy, in addition to other disciplinary sanctions which may be imposed, the device will be confiscated from the student and returned only to the student’s parent. Please complete JFC-R.1 Form A. (Elementary school students are prohibited from having any communication device on school property during the regular school day.)

1st Offense: Confiscation of communication device. Conference with parent, and relinquish device to parent. Three (3) day in

school suspension. 2nd Offense: Confiscation and ten (10) days out of school suspension. Beyond 2nd Offense: Confiscation and recommendation to the Division Superintendent for long-term suspension - - minimum 15

days.

13B. This section of JFC-R.1 (number 13B) applies to high school students only. (Effective 7/13/14 and amended 7/13/15)

Cell phones are authorized on school property and while in transit before and after school. Students are allowed to use cell phones in the morning before classes begin, at lunch, during breaks, between classes, and after dismissal from the final class. Ear buds may be incorporated in these devices during these times as well; however, they may not be used in the hallways. Cell phones may be deposited in lockers or may remain in the possession of students, but cell phone use will not be permitted during classes unless the supervising teacher has clearly planned for and incorporated the use of the device as an instructional provision.

Students may use cell phones during these pre-planned instructional activities, but are not allowed to access the phones for any other reason during class times. Under no circumstances may students access phones during restricted times or in restricted areas without specific permission of the instructor, nor will access be allowed beyond the tardy bell or before the release bells. Students may not use cell phones in restrooms or dressing areas. Students will not be permitted to bring cell phones into any testing environments nor will access be provided for charging cell phones.

All mobile phones shall be silenced while on campus or school property (buses). During all periods of authorized use, taking photographs, audio recording, and video recording are forbidden unless authorized specifically by a staff member. Camera and video infractions carry a mandatory 5 days of ISS and immediate loss of cell phone privileges for the remainder of the school year. The Tazewell County School System will assume no responsibility under any circumstances for the loss, theft, or damage of cell phones and / or peripheral materials. Any violation of local, state, or federal statutes will be reported to the proper law enforcement agency or respective governmental department. Please complete JFC-R.1 Form B. If a student is caught violating the cell phone policy, the student is sent to the office with a discipline form. The disciplinary actions include: 1st offense – 1 day of ISS; 2nd offense – 3 days of ISS; 3rd offense – 3 days of OSS and mandatory loss of cell phone privileges for the remainder of the school year. Any offense after loss of privilege – 10 days OSS and possible recommendation for expulsion

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14. Possession of Laser Pointers, Musical Devices (CD players, electronic toys, etc.) 1st Offense: Conference with student, confiscation until parent (s) come to school and claim device. 2nd Offense: Confiscation and three (3) days in-school suspension. 3rd Offense: Confiscation and three (3) days out-of-school suspension.

15. Leaving School Without Permission/ Skipping Class 1st Offense: One (1) day Saturday School. 2nd Offense: Two (2) days Saturday School and referral to Attendance Officer. 16. Refusing or Disturbing In-School Suspension 1st Offense: An out-of-school suspension the same number of days as in-school suspension. 2nd Offense: An out-of-school suspension the same number of days as in-school suspension with student not assigned ISS again.

17. Refusing or Disturbing Saturday School 1st Offense: Two (2) days out-of-school suspension for each day of Saturday School. 2nd Offense: Three (3) days out-of-school suspension for each day of Saturday School and student will not be assigned Saturday

School again.

18. Violation of Acceptable Use Policy Students shall abide by the Tazewell School Division’s Acceptable Computer Use Policy and Regulation. 1st Offense: Student/Teacher/Administrator conference. 2nd Offense: Suspension/revocation of Internet access for five (5) days and parental conference. 3rd Offense: Suspension/revocation of Internet access for ten (10) days. Severe violations of Acceptable Use Policy will result in revocation of access privilege, out-of-school suspension, and possible legal action. C. Other Conduct In addition to these specific standards, students shall not engage in any conduct which materially and substantially disrupts the ongoing educational process or which is otherwise a violation of federal, state or local law. 1. Cheating Students shall not cheat, plagiarize or knowingly make false statements with respect to any assigned school work or tests. 2. Trespass The student shall not trespass on school property or use school facilities without proper authority or permission, or during a period of suspension or expulsion. 3. Reports of Conviction or Adjudication of Delinquency Pursuant to 16.1-305.1 Students convicted or adjudicated delinquent of an offence listed in the Code of Virginia, 1950 as amended, 16.1-305.1, may be suspended or expelled.

4. Felony Charges Students charged with any offense, wherever committed, that would be a felony if committed by an adult may be disciplined and/or required to participate in prevention/intervention activities.

Alternative Education Program The school board Disciplinary Committee may require any student who has been (1) charged with an offense relating to the laws of Virginia, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person; (2) found guilty or not innocent of an offense relating to Virginia’s laws on weapons, alcohol, or drugs, or of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent of the school division pursuant to Va. Code 16.1-260.G.; (3) found to have committed a serious offense or repeated offenses in violation of school board policies; (4) suspended pursuant to Va. Code 22.1-277.05; or (5) expelled pursuant to Va. Code 22.1-277.07, or 22.1-277.08 or subsection B of Va. Code 22.1-277, to attend such an alternative education program. Conduct Invoking Punitive Action

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Consideration for Disciplining Students With Disabilities

Removal of students with disabilities shall be in accordance with state and federal laws and regulations. See the Virginia Department of Education publication, Discipline of Students with Disabilities, Technical Assistance Resource Document.

Intentional Injury To Others

The safety of students in Tazewell County Public Schools is paramount for all educators, as well as for parents and communities. Incidents of crime, violence, and substance abuse on school property present an ongoing challenge to school officials. The threat of violence and disruptive behavior in our schools seriously affect the quality of life for students, as well as their ability to reach their full academic potential. To ensure safe and orderly learning environments, administrative personnel have developed and will implement policies that are firm, fair, and applied consistently. Approved by the School Board: June 9, 1986 Amended by the School Board: July 12, 1999 Amended by the School Board: June 12, 2000 Amended by the School Board: July 9, 2001 Amended by the School Board: July 12, 2004 Amended by the School Board: November 8, 2004 Amended by the School Board: June 13, 2005 Amended by the School Board: February 12, 2007 Amended by the School Board: March 13, 2007 Amended by the School Board: June 10, 2013 Amended by the School Board: July 14, 2014 Amended by the School Board: August 11, 2014 Amended by the School Board: March 9, 2015 Amended by the School Board: July 13, 2015

JFC-R.6 JFC-R.6

STUDENTS

Hazing/Assault and Battery

A. Hazing

Students who haze or otherwise mistreat another student so as to cause bodily injury shall immediately be suspended from school under the provisions set forth in school board policy.

B. Assault and Battery

Fighting on school grounds or in school buildings is prohibited. Violators may be subject to prosecution as provided by State law.

Any student cussing or verbally abusing a teacher shall be reported to the school board office.

Any student grabbing, striking, hitting, kicking, or otherwise physically abusing a teacher or any other school personnel shall be suspended immediately pending school board Disciplinary Committee action.


Code of Va., ~ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials.--"It shall be unlawful to haze or otherwise mistreat so as to cause bodily injury, any student at any school, college or university...." (1975)

Code of Va., § 18.2-57. Assault and Battery.--"Any person who shall commit a simple

assault or assault and battery shall be guilty of a Class I misdemeanor." (1975)

Approved by School Board: June 9, 1986

JFC-R.9

STUDENT-ATHLETE SUBSTANCE ABUSE POLICY

SECTION ONE: Purpose and Intent In keeping with the mission of Tazewell County Public Schools, the role of the Student Athlete Substance Abuse Policy ("This Policy") and Substance Abuse Testing program is to protect student health, safety and welfare, and to strengthen partnerships among faculty, administrators, coaches, parents, and students in order to reduce drug related barriers and hazards to academic, athletic and personal development success. A part of the intent of this policy is also to ensure that Student Athletes set an appropriate example for fellow students for whom they are a role model. SECTION TWO: Definitions The below defined terms as used in this Policy shall have the meanings assigned to them in this Section. All other terms used herein shall have their common or ordinary meanings unless defined elsewhere in the general Substance Abuse Policy applicable to all students and all school properties, functions, and events.

Student-Athlete – Any 8th-12th grade student participating in any Virginia High School League activity or sport as an established athlete or eligible participant at the junior varsity or varsity level. An established athlete or participant is one who is on a Virginia High School League (VHSL) Master Eligibility List (MEL); which encompasses all students participating in VHSL endorsed athletics and activities. The Student Athlete retains established status until the next MEL for any VHSL sanctioned activity is submitted to the VHSL. Prohibited Substance - Prohibited Substances are controlled substances, imitation controlled substances, performance enhancing drugs, illegal drugs, alcohol, tobacco, nicotine, and any illegal drugs. Some substances are Prohibited Substances even though they may not be illegal or controlled in some circumstances such as nicotine and tobacco. Nicotine and Tobacco are Prohibited Substances. Tobacco is a prohibited substance even if the user is otherwise legally permitted to use tobacco. Nicotine is a prohibited substance. Certain Performance Enhancing Drugs, as defined herein, also are Prohibited Substances. Controlled Substances - Controlled Substances are substances the use of which is regulated or controlled by law. These include but are not limited to prescription medications including but not limited to Loratab, Xanax, and Oxycontin. Prescription drugs used without a valid prescription or in excess of prescribed dosages are considered Prohibited Substances for purposes of This Policy. Illegal Drugs - Illegal Drugs are any substance the possession of which or the use of which is a criminal offense in the Commonwealth of Virginia. Illegal Drugs include but are not limited to cocaine, heroin, marijuana, and methamphetamines. Alcohol is deemed an Illegal Drug for purposes of this policy. Some common names for some illegal drugs include "coke", "crack", "meth", "crystal meth", and "pot".

JFC-R.9 Page 2

Performance Enhancing Drugs - Performance Enhancing Drugs are substances, including anabolic steroids, the use of which by Student Athletes is prohibited by the VHSL. Positive Test Result - A test result showing the presence of a Prohibited Substance equal to or exceeding the limits permitted by This Policy. The schedule of Prohibited Substances and said impermissible concentration limits for such substances are set forth on an exhibit attached hereto as Schedule A. Tested Substances - Tested Substances are Prohibited Substances the use of which random drug tests described herein are designed to indicate. Those substances include are listed on the attached Schedule A. Reasonable Suspicion - Reasonable Suspicion pursuant to this policy shall mean a specific, objective reason to suspect a Student Athlete has used a Prohibited Substance, including but not limited to the Student Athlete self reporting use of a Prohibited Substance, a parent or legal guardian of a Student Athlete reporting the Student Athlete has used a Prohibited Substance, and the Student Athlete's refusal to provide a test sample when the Student Athlete has been randomly selected for testing pursuant to this policy. Random Selection - Random Selection is the method for selecting Student Athletes to be tested for Prohibited Substances without Reasonable Suspicion. All Student Athletes are subject to being randomly selected for testing. For purposes of this policy Random Selection will include ten percent (10%) of the total eligible Student Athlete population chosen at random by a third party administrator per each random testing event. The eligible population per random testing event shall be the population of Student Athlete's whose activity or sport occur or take place during the Fall, Winter, or Spring. For example the eligible population for an October test would be Student Athletes whose events and sports occur in the Fall, such as Football and Volleyball, while the eligible population for an April test would be Student Athletes whose events and sports occur in the Spring, such as Baseball and Track. Prohibited Substance Use Test or Prohibited Substance Test - A Prohibited Substance Use Test or Prohibited Substance Test is a collection of a urine specimen from a Student Athlete chosen by Random Selection which is administered by a third party as hereinafter provided. Substance Abuse Violation - A Substance Abuse Violation is the use of a Prohibited Substance by a Student Athlete regardless of where the use occurred. Whether a Substance Abuse Violation has occurred is determined by the Principal of the school the Student Athlete attends. A Substance Abuse Violation may be proven solely by a Positive Test Result. A Substance Abuse Violation may also be proven solely by the Student Athlete's admission to use of a Prohibited Substance.

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SECTION THREE: Policy Requirements The Student Athlete Substance Abuse Policy referred to herein as "This Policy" includes "the Tazewell County Schools Pledge Program", which is the additional requirement of an acknowledgement and agreement by the Student Athlete and the Student Athlete's parent/guardian that the Student Athlete is governed by and will comply with This Policy. To participate in any VHSL activity or athletics the Student Athlete must: 1. All Student Athletes must read This Policy, execute a pledge acknowledging they understand This Policy, and pledge and agree that they will comply with the terms of This Policy. The parent/guardian of the Student Athlete also must read This Policy execute a pledge acknowledging they understand This Policy, and pledge and agree that they will consent to the enforcement of This Policy. Refusal by the Student Athlete or the parent/guardian(s) of the Student Athlete to execute such pledge will preclude the Student Athlete’s participation in VHSL activities and athletics at the school until the pledge is executed and presented. 2. All Student Athletes must refrain from the use of any Prohibited Substance. Any Student Athlete who is an adult, having reached the age of eighteen, still must refrain from the use of any Prohibited Substance which may be legal for that student to use: this includes tobacco and nicotine. Any Student Athlete who uses a Prohibited Substance violates This Policy and is subject to the consequences prescribed by This Policy. 3. All Student Athletes who execute the Pledge and participate in VHSL activities and athletics thereby agree to be subject to testing for Prohibited Substances either by Random Selection or upon Reasonable Suspicion. Any Student Athlete regardless of age who has a Positive Test Result for a Prohibited Substance may be deemed to have committed a Substance Abuse Violation and be subject to the consequences below set forth. This Policy applies to the Student Athlete wherever or whenever any use of a Prohibited Substance occurs. A Student Athlete's violation of this policy may occur off of school grounds and outside of, or not during, any school related activity. This policy will apply to the behavior of the Student Athlete with respect to the use of Prohibited Substances without respect to the time or location that the use may occur. SECTION FOUR: Interaction with other policies.

1. In the event that a Substance Abuse Violation occurs on school property, in a school vehicle, at any school-sponsored event, going to or from school, or while participating in school-sanctioned activities, then the Student Athlete shall be subject to the Substance Use Policies applicable to all students, JFCF, JFCH, JFC-R.1 in addition to this Policy. However, the procedures prescribed by the Substance Abuse Policies Applicable to all students shall be followed in such circumstances.

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2. If a Substance Abuse Violation occurs other than as provided in # 1 (above),

then procedures set forth in This Policy shall be followed and only the consequences set forth in This Policy shall be enforced.

SECTION FIVE: Consequences for a Substance Abuse Violation: A. First Violation: When the principal or his/her designee finds a Student Athlete has committed a substance Abuse Violation, the following shall take place:

1. The Student Athlete shall be suspended from play for a period of time equivalent to, and not less than, 20 percent of the total number of VHSL contest limitations for each sport to be played during the regular season (any fraction of the calculation will be dropped). This penalty will be applied immediately, upon the expiration of any appeal period or exhaustion of any appeal as provided for herein. This penalty will include the next contest(s) including playoffs, and/or to the next sport season in which the student athlete participates within 365 calendar days. During the suspension period, the Student Athlete will be allowed to attend practices and contests; however, the Student Athlete will not be permitted to dress in team uniform for contests or travel with the team to competitions. Additionally, in the event the season concludes while the Student Athlete is suspended, the Student Athlete may be allowed to participate in try-outs for the next sport’s season only to the extent to determine placement on the team and only if the Student Athlete has been retested, at the parent/guardian(s)’ expense, and the test results are negative. The Student Athlete will be ineligible until all conditions of reinstatement have been completed, including the following: a. The Student Athlete's parent/guardian(s) contact the Athletic Director at the Student Athlete’s school within five (5) school days of the suspension start-date to arrange Counseling and Preventive Services (CAPS). This counseling must be completed before the Student-Athlete may be reinstated. b. The Student Athlete and parent/guardian(s) agrees to have the Student Athlete tested at the end of the suspension by the current company who provides Tazewell County Public Schools with Student Athlete Prohibited Substance Abuse Testing service or another substance abuse testing company approved by Tazewell County Public Schools administration that operates under SAMHSA (Substance Abuse and Mental Health Services Administration) certified laboratory guidelines. This may be done at the parent’s expense, and the test results must be negative before the Student Athlete is permitted to return to participation.

c. The Student Athlete must also agree to regular testing for Prohibited Substances at the discretion of Tazewell County Public Schools administration for the remainder of the school year for any/all VHSL activities and athletics

JFC-R.9 Page 5

the Student Athlete wishes to participate in. This will be done at the school system’s expense as part of the normal testing schedule.

2. Once all of the above conditions for reinstatement have been successfully completed, a letter of reinstatement from the superintendent or superintendent’s designee will be granted, stating the Student Athlete is in good standing and that he/she may resume participation with VHSL activities and athletics.

B. Second Violation: When the principal or his/her designee finds that a Student Athlete has committed a second Substance Abuse Violation the following shall take place:

1. The Student Athlete shall be suspended from play for a period of time equivalent to, and not less than, 50 percent of the total number of VHSL contest limitations for each sport to be played during the regular season (any fraction of the calculation will be dropped). This penalty will be applied immediately upon the expiration of any appeal period or exhaustion of any appeal as provided for herein and include the next contest(s) including playoffs, and/or to the next sport season in which the Student Athlete participates within 365 calendar days. During the suspension period, the Student Athlete will be allowed to attend practices and contests; however, the Student Athlete will not be permitted to dress in team uniform for contests or travel with the team to competitions. Additionally, in the event the season concludes while the Student Athlete is suspended, the Student Athlete may be allowed to participate in try-outs for the next sports season only to the extent to determine placement on the team and only if the Student Athlete has been retested, at the parent/guardian(s) expense, and the test results must be negative. After which time the Student Athlete will be ineligible until all conditions of reinstatement have been completed, including the following:

a. The parent/guardian(s) of the Student Athlete contacts the Athletic Director within 5 school days of the suspension start date to arrange Counseling and Preventive Services (CAPS). This counseling must be completed before the Student Athlete may be reinstated.

b. The Student Athlete and parent/guardian(s) must agree to have the Student Athlete tested at the end of the suspension by the current company who provides Tazewell County Public Schools with Student Athlete Prohibited Substance abuse testing service or another substance abuse testing company approved by Tazewell County Public Schools administration that operates under SAMHSA (Substance Abuse and Mental Health Services Administration) certified laboratory guidelines. This will be done at the parent’s expense, less extenuating circumstances, and the test results must be negative.

JFC-R.9 Page 6

c. The Student Athlete must also agree to regular testing for Prohibited Substances at the discretion of Tazewell County Public Schools administration for the remainder of the school year for any/all sports in which the Student Athlete wishes to participate in. This will be done at the parent’s expense, less extenuating circumstances, and the test results must be negative.


C. Third Violation: When the principal or his/her designee finds that a Student Athlete has committed a Third Substance Abuse Violation the following will take place. A Student Athlete who is found to have committed a third Substance Abuse Violation during their VHSL eligibility is, thereafter, ineligible to participate in any VHSL sanctioned events while enrolled in Tazewell County Public Schools. D. A Student Athlete who is found to have committed a Substance Abuse Violation due to a Positive Test Result for Performance Enhancing Drugs shall, in addition to the penalties herein set forth and without respect to whether the offense is a first, second, or third offense, also be ineligible to compete in interscholastic athletic competition for two years pursuant to Virginia High School League (VHSL) rules. A failure to provide a sample will be considered a Positive Test Result for purposes of Performance Enhancing Drugs, unless there are extenuating medical circumstances that physically prevent a student from providing a sample. E. A Substance Abuse Violation pursuant to this policy shall not result in any penalties or restrictions being placed on a Student Athlete’s participation in any other non-VHSL activities, nor shall any academic punishments will be imposed on the Student Athlete. No record of the Substance Abuse Violation shall be placed or noted in the Student Athlete's cumulative record.

SECTION SIX: Prohibited Substance Use Testing of Student Athletes

Student Athletes agree to and may be tested for Prohibited Substances either upon a Reasonable Suspicion by the principal of their school or upon Random Selection for Prohibited Substance Testing as hereinafter provided.

A. Non-Compliance

Any Student Athlete who after executing the Pledge refuses to be tested or attempts to tamper with or assist others in tampering with the test sample, the Student Athlete shall be deemed to have committed a Substance Abuse Violation for purposes of This Policy and the principal shall proceed in accordance with this policy.

JFC-R.9 Page 7

B. Prohibited Substance Use Testing Procedures Prohibited Substance Use Testing will be conducted in accordance with the procedures set forth in this Section. 1. A Third Party Administrator (TPA) will be contracted by the School System to

conduct all testing and will be responsible for the Random Selection with replacement and testing process.

2. For each testing event, a Random Selection of Student Athletes to be tested will be

chosen for testing from the eligible population according to the month for which testing is to occur. A list of Student Athletes eligible to participate in their respective activities and athletics which are expected to occur during the same month as the particular test is to be administered, shall be given to the TPA. The TPA shall select at random ten percent (10%) of those Student Athletes. The methodology for randomizing which of those Student Athletes are selected will be determined by the TPA.

3. Testing will be performed monthly. At each site visited, ten percent (10%) of the

total population of Student Athletes participating in athletic events during that season will Randomly Selected as above described and tested. Middle school students participating in Junior Varsity athletics selected to be tested will be transported to their respective high school.

4. A copy of the Virginia High School League (VHSL) Master Eligibility List,

identifying athletes for every sport, per sports season, will be used to determine who will be eligible for selection for testing. For the purpose of confidentiality, Student Athletes will be identified by a unique number as designated by the school.

5. Prohibited Substance Use Testing will be performed by collecting a urine sample.

Testing will take place at each school and be conducted by the TPA. 6. Student Athletes selected for testing will remain under school supervision until an

adequate sample can be provided. If a selected Student Athlete has not provided a reliable sample by the end of the school day, then the selected Student Athlete may be deemed to have committed a Substance Abuse Violation pursuant to This Policy, absent extenuating circumstances.

7. The TPA will provide testing materials, testers and a Medical Review Officer

(MRO). 8. In the event of a Positive Test Result, the MRO will make direct contact with the

parent/guardian to resolve any extenuating circumstances, medical or other, that may have contributed to an inability to provide a sample, or a Positive Test Result. Tazewell County Public Schools will not be involved in resolving Positive Test Results.

JFC-R.9 Page 8

9. After all testing and test results have been verified by the MRO, the final report will

be provided by the TPA to the Superintendent/Designee. 10. The Superintendent/Designee will provide the results to each school’s principal. C. Procedures for Positive Test Results

In the event the final report has identified any failures to provide a sample, or verified Positive Test Results, the TPA will contact the Superintendent/Designee and then the Superintendent/Designee will notify the Principal.

D. Confidentiality

Confidentiality of test results must be maintained at all levels including the TPA, the School Board, the Superintendent, the Principal, the Athletic Director, and the coach.

E. Substances Tested

The tests herein described shall be for the use of Prohibited Substances as herein defined. A list of the substances tested for and the minimum concentration of such substance necessary in the tested sample to constitute a Substance Abuse Violation is set forth on the attached Schedule A. SECTION SEVEN: Procedure for Determining whether a Student Athlete has committed a Substance Abuse Violation. A. Upon receiving a notice of a Positive Test Result from the Superintendent or his/her designee ("Superintendent/Designee") the principal of the school which the Student Athlete who tested positive attends will meet with the Student Athlete as soon as practicable. The Student Athlete will be given the opportunity to explain any reason for the Positive Test Result other than Prohibited Substance use by the Student Athlete. 1. If the Student Athlete admits to having used the Prohibited Substance for which he

or she received a Positive Test Result, then the student shall be deemed to have committed a Substance Abuse Violation.

2. If the Student Athlete denies having used the Prohibited Substance for which he or

she received a Positive Test Result, the Principal may nevertheless find that the Student Athlete has committed a Substance Abuse Violation based solely on the Positive Test Result.

3. If the Principal finds that there may be extenuating circumstances which may have

resulted in a Positive Test Result without a Substance Abuse Violation by the student, the Principal may refer the Student Athlete and the parent to a conference with the Superintendent/Designee, whereupon the Superintendent/Designee may find either that a Substance Abuse Violation occurred or that a Substance Abuse Violation did not occur. If the Superintendent, acting under this provision, finds a Substance Abuse Violation did not occur, he or she may direct that the Student

JFC-R.9 Page 9

Athlete be retested, at the Student Athlete's expense, at a time of the principal's

choosing no sooner than thirty (30) days after the Positive Test Result giving rise to the determination.

4. If the Principal finds that the Student Athlete committed a Substance Abuse

Violation the principal shall so inform the Student Athlete and the parent/guardian and provide them the notice below described.

B. Upon a finding by the Principal, or Superintendent pursuant to part A(3) above, that the Student Athlete committed a Substance Abuse Violation the Student Athlete shall be given a written notice of the finding, including the Reasonable Suspicion which gave rise to the test, if the test was not based on Random Selection, and Positive Test Results which were the basis of the finding. Such notice shall include a copy of This Policy, a copy of the Student Athlete's executed Pledge, and a notice of rights of appeal as herein provided. Notice to the parent/guardian shall be deemed notice to the Student Athlete and no additional notice shall be required. C. Upon a finding by the principal that a Student Athlete has committed a Substance Abuse Violation the Student Athlete may appeal the finding to the Superintendent by giving written notice to the Superintendent within three (3) school days of receiving the notice of the finding. The Superintendent/Designee shall afford the Student Athlete and the parent/guardian the opportunity to explain why the Student Athlete should not be found to have committed a Substance Abuse Violation. Upon expiration of three (3) school days from the day of the principal's finding, where no appeal is filed, consequences pursuant to This Policy shall be enforced immediately. Where an appeal has been filed, no consequences may be enforced pursuant to This Policy until three (3) school days after an affirmation of the finding by the Superintendent/Designee. Affirmation by the Superintendent/Designee of a finding of a first or second Substance Abuse Violation by the Student Athlete shall be final. Any affirmation of a finding of a Third Violation of This Policy by a Student Athlete may be appealed to the School Board Disciplinary Committee by giving written notice to the Superintendent within three (3) school days of the Superintendent's affirmation of the finding. No consequences for a third violation of This Policy may be enforced until after the Student Athlete and the parent/guardian have been given an opportunity to be heard by the School Board Disciplinary Committee. The School Board’s Disciplinary Committee’s affirmation of a finding of a third violation shall be final. Upon receipt of a notice of an appeal from the Principal's finding of a third violation the Superintendent, in his or her sole discretion, may defer the appeal directly to the School Board Disciplinary Committee to avoid a delay which otherwise could jeopardize the effectiveness of the punishment. D. Upon consideration of an appeal by either the Superintendent/Designee or by the School Board Disciplinary Committee, the party hearing the appeal may either (1) affirm the finding, (2) overrule the finding, or (3) defer enforcement of the punishment for a period not to exceed thirty (30) days for purposes of administering a second test for the same

JFC-R.9 Page 10

Prohibited Substance and thereafter proceed to either affirm or overrule the principal's finding. Notice of the decision by the party hearing the appeal shall be given to the Student Athlete and the parent/guardian in writing. Notice to the parent/guardian shall be deemed notice to the Student Athlete. Adopted: February 9, 2015 Amended: November 7, 2016

Tazewell County Public Schools 209 West Fincastle Turnpike, Tazewell, VA 24651 Phone (276) 988‐5511, Fax (276) 988‐1976

www.tazewell.k12.va.us

George G. Brown, Division Superintendent

School Board Members David Woodard, Chairman

Donna Whittington, Vice‐Chair H.S. Caudill

Jimmy Jones Chris Moir

March 13, 2017

SUBJECT: Disciplinary Committee proposed policy changes, second read

ENCLOSURE: Proposed policies:

BCEA, Disciplinary Committee, (Optional), second read

JGD/JGE, Student Suspension/Expulsion, (Option 2 – Disciplinary Committee), second read

JGD/JGE-R.1, Students, Suspension, second read JGD/JGE-R.2, Students, Expulsion, second read JFCD-R, Students, Weapons/Explosives, second

read JFC-R.1, Students, Code of Conduct, second read JFC-R.6, Students, Hazing/Assault and Battery,

second read JFC-R.9, Student-Athlete Substance Abuse, second

read

SUMMARY: Mr. Brown will present proposed changes to policies listed above. Additions and changes are required in order for a Disciplinary Committee to be implemented. A Disciplinary Committee presides over all cases of student suspensions of more than 10 days and expulsions.

RECOMMENDATION: That the Tazewell County School Board approve proposed

policies BCEA, JGD/JGE, JGD/JGE-R.1, JGD/JGE-R.2, JFCD-R, JFC-R.1, JFC-R.6, and JFC-R.9 as a second read.

ESTIMATED COSTS: NA

LEGAL REFERENCE: Tazewell County School Board Policy:

School Board Powers and Duties: BBA Code of Virginia, §§ 22.1-78, 22.1-79

File: BCEA (Optional)

DISCIPLINARY COMMITTEE

A Disciplinary Committee composed of at least three School Board members presides over all cases of student suspensions of more than 10 days and expulsions within the Tazewell County Public School Division. The decision of the committee, if unanimous, is the final decision of the School Board. In non-unanimous decisions, the student has the right to appeal to the full School Board. The School Board shall render a final decision in such cases on the appeal within thirty days of the Committee decision.

The Disciplinary Committee follows the procedures set forth in Policy JGD/JGE Student Suspension/Expulsion.

Membership on the Disciplinary Committee is determined by the School Board. Adopted: ____________________________________________________________________________________________________________________________________________ Legal Ref.: Code of Virginia, §§ 22.1-277.05, 22.1-277.06. Cross Refs.: BEC School Board Committees JEC School Admission JGD/JGE Student Suspensions/Expulsions © 2/14 VSBA TAZEWELL COUNTY PUBLIC SCHOOLS



STUDENT SUSPENSION/EXPULSION

I. DEFINITIONS

As used in this Policy, “Alternative education program” shall include night school, adult education or

another education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.

“Destructive device” means (1) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (2) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known that will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter that is homemade or was not made by a duly licensed weapon manufacturer, any fully automatic firearm, any sawed-off shotgun or sawed-off rifle as defined in Va. Code § 18.2-299 or any firearm prohibited from civilian ownership by federal law; and (3) any combination of parts either designed or intended for use in converting any device into any destructive device described herein and from which a destructive device may be readily assembled. “Destructive device” does not include any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include any antique firearm as defined in subsection G of Va. Code § 18.2-308.2:2.

“Disruptive behavior” means a violation of school board regulations governing

student conduct that interrupts or obstructs the learning environment.

“Exclusion” means a Virginia school board’s denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than thirty calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state.

“Expulsion” means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

“Firearm” means (1) any weapon, including a starter gun that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an © 2/16 VSBA SCHOOL DIVISION NAME



explosion of a combustible material; (2) the frame or receiver of any such weapon; or (3) any unloaded firearm in a closed container. “Firearm” does not include any pneumatic gun as defined in this Policy.

“Long-term suspension” means any disciplinary action whereby a student is not permitted to attend school for more than ten school days but less than 365 calendar days.

“One year” means 365 calendar days as required in federal regulations.

“Pneumatic gun” means any implement, designed as a gun,that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. “School Board Disciplinary Committee or Disciplinary Committee” means a committee composed of at least three members of the Tazewell County Public Schools School Board.

“School property” means any real property owned or leased by the School Board or any vehicle owned or leased by the School Board or operated by or on behalf of the School Board.

“Short-term suspension” means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed ten school days.

"Superintendent's designee" means a 1) trained hearing officer or 2) professional

employee in the administrative offices of the school division who reports directly to the superintendent and who is not a school-based instructional or administrative employee. II. SUSPENSIONS AND EXPULSIONS OF STUDENTS GENERALLY

Pupils may be suspended or expelled from attendance at school for sufficient

cause; however, in no case may sufficient cause for suspension include only instances of truancy.

Any student for whom the superintendent has received a report pursuant to Va. Code § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code § 16.1-260 may be suspended or expelled from school attendance.

The authority of teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of this Policy.


vbailey

Typewritten Text

File: JGD/JGE


Page 3

III. SHORT-TERM SUSPENSIONS A pupil may be suspended for not more than ten school days by either the school

principal, any assistant principal, or, in their absence, any teacher. The principal, assistant principal or teacher may suspend the pupil after giving the pupil oral or written notice of the charges against him and, if he denies them, an explanation of the facts as known to school personnel and an opportunity to present his version of what occurred. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts and opportunity to present his version shall be given as soon as is practical thereafter.

Upon suspension of any pupil, the principal, assistant principal or teacher

responsible for such suspension reports the facts of the case in writing to the superintendent or superintendent’s designee and the parent of the pupil suspended. The superintendent or superintendent's designee reviews forthwith the action taken by the principal, assistant principal or teacher upon a petition for such review by any party in interest and confirms or disapproves such action based on an examination of the record of the pupil’s behavior.

The decision of the superintendent or superintendent’s designee is final and may not be appealed.

Any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten days includes notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options and of the student’s right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, are borne by the parent of the student. IV. LONG-TERM SUSPENSION

A pupil may be suspended from attendance at school for more than ten days after written notice is provided to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the Disciplinary Committee. The Disciplinary Committee may confirm or disapprove the suspension. If the Disciplinary Committee's decision is not unanimous, the pupil or his parent may appeal the Disciplinary Committee's decision to the full School Board. Such appeal shall be decided by the School Board within thirty days.

The written notice of a suspension for more than ten days includes notification of

the length of the suspension and provides information concerning the availability of
