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Excellence by Design
That the School Board approve the Revisions to Policy 7-3.1, Code of Student Conduct. Revisions to the Code of Student Conduct address (1) the proposed Regulation 7-3.1(C), and (2) restorative justice options. (1) The proposed Regulation 7-3.1(C) to the Code of Student Conduct will allow students to use certain technology devices during designated times without consequence. Administration believes, in order to bring FCPS students into the 21st Century, there is a need to bring technology into the classroom and encourage a student-centered approach to learning. Protecting students from certain elements of the internet and ensuring security and safety within the school division’s network is an important element that will be addressed on an on-going basis. FCPS teachers will begin to integrate this technology into their classroom instruction at the school administration’s direction. (2) “Restorative Justice” options have been added to the Policy 7-3.1, which will allow administrators in coordination with school counselors, parents and other school staff to implement other discipline options such as mediation, community service projects or other restorative consequences rather than punitive consequences.
BUDGET IMPACT: SPONSOR:
Frank Finn, Assistant Superintendent for Student Services and Special Education Louis McDonald, Director of Technology Proposed Policy Regulation 7-3.1 (C) Revisions to Policy 7-3.1
7-3.1 (C) GUIDELINES FOR POSSESSION OF PERSONAL ELECTRONIC DEVICES ON SCHOOL PROPERTY Guidelines for Possession of Personal Electronic Devices on School Property 1. Students may possess cellular telephones, tablets, laptops, e-readers and other personal electronic devices on school property, including school buses. Headphones may be required as determined by school administrators or transportation staff. 2. Devices must be turned off and Wi-Fi must be off during class unless students have been specifically instructed by a staff memberstaff member that devices may be used for classroom assignments. (E-readers must have Wi-Fi turned off.) 3. Devices may be used during ‘non-instructional’ time (before and after school hours, during passing time, at lunch and while on the school bus) at the discretion of the principal or school administration and on school buses at the discretion of transportation staff. 4. The building principal and/or school administration may restrict access or ‘black out’ wireless network access at their discretion. (For example on standardized testing dates.) 5. Students are strictly prohibited from taking photographs, making videos or making audio recordings on school property, including school buses, unless authorized to do so by a staff memberstaff member for instructional purposes. 6. Possession of personal electronic devices is a privilege, not a right. Use of dDevices must not be used in a manner that violatescomply with school division policies and regulations, school rules, the Code of Student Conduct or and Acceptable (Responsible?) Use Policy. If a student violates school rules or school division regulations, in addition to other disciplinary sanctions that may be imposed, the device may be confiscated from the student and returned only to the student’s parents. The student may also lose the privilege to use electronic devices in the future. 7. Students must will be required to register their devices with ________. the school . 8. Students must use the school wireless network for directed assignments. The school division will not be responsible for data charges incurred by the student during open use time. 9. The school division will not be responsible for the loss, theft or damage of any personal electronic device.
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CODE OF STUDENT CONDUCT
Philosophy Recognizing the importance of the dignity and worth of each individual, the Fauquier County School Board strives to provide a respectful atmosphere in all schools that is conducive to successful teaching and learning. The Board believes that in such an atmosphere the intellectual, physical, emotional, and social needs of students and teachers are met. The Board further believes that students, parents, administrators, teachers and all other staff members must work together to maintain a respectful school environment in which educational and extracurricular programs thrive. It is the primary responsibility of students to preserve a climate of mutual respect and trust so the dignity of the individual can be protected and the pursuit of opportunities for each student may be realized. It is the responsibility of administrators, teachers, and all other school staff to enforce this Code of Student Conduct and to be consistent and fair in the application of all School Board policies and all school rules and regulations. Student Rights and Responsibilities A student has all rights expressed and guaranteed by the United States Constitution and by federal, state, and local laws. These rights do not permit a student to disrupt the educational process, to break school rules, to present a health or safety hazard, or to disregard directions of those in authority. Individual rights do not include infringing upon the rights of others in the school community. To the extent permitted by applicable law, students have the right to: a public education without regard to gender, race, religion, or national origin; an orderly school and classroom environment that will allow optimum learning, emphasizing the values of responsibility, kindness, fairness, and safety; and express themselves in speech, writing, or symbols, consistent with their constitutional rights and School Board policy. It is the responsibility of students to preserve a climate of mutual respect and trust in order that the dignity of the individual is protected and the pursuit of opportunities for each student may be realized. Students are responsible for: knowing and complying with any rules or regulations of the School Board, as well as local, state, and federal laws; attending school regularly, equipped with the materials needed to attend class and complete class assignments and/or requirements; and contributing to a climate of mutual respect for all within each school so that the hopes and ambitions of all individuals may be realized. Students with Disabilities will be disciplined consistent with all applicable law. Parental Rights and Responsibilities Each parent has the responsibility to assist the school in enforcing the Code of Student Conduct and the attendance policies in order that education may be conducted in an atmosphere free of disruption and the threat to persons or property. A school principal may request that a student’s parent or parents, if both parents have legal and physical custody of such student, meet with the school administration to review the School Board’s Code of Student Conduct and the parent’s or parents’ responsibility to participate with the school in providing appropriate consequences for behavior. Within one calendar month of the opening of school, the Fauquier County School Board shall, simultaneously with any other materials customarily distributed at that time, send to the parents of each enrolled student: (i) a notice of the requirements of Virginia Code §22.1-279.3 regarding “Parental Responsibility and Involvement Requirements,” (ii) a copy of the School Board’s Code of Student Conduct; and (iii) a copy of the Virginia compulsory school attendance law. These materials shall include a notice to the parents that by signing the statement of receipt, parents shall not be deemed to waive, but to expressly reserve, their rights protected by the constitutions or laws of the United States or the Commonwealth of Virginia and that a parent shall have the right to express disagreement with a school’s or the school division’s policies or decisions. Each parent of a student shall sign and return to the school in which the student is enrolled a statement acknowledging the receipt of the Code of Student Conduct, the notice of the requirements of Virginia Code §22.1-
279.3, and the Virginia compulsory school attendance law. Each Fauquier County school shall maintain records of such signed documents. In accordance with all due process requirements in applicable Virginia law, the school principal may notify the parents of any student who violates a School Board policy or the compulsory school attendance requirements when such violation could result in the student’s suspension or the filing of a court petition, whether or not the school administration has imposed such disciplinary action or filed a petition. The notice shall state: (i) the date and details of the violation; (ii) the obligation of the parent to take actions to assist the school in improving the student’s behavior and ensuring compulsory school attendance compliance; (iii) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials; and (iv) that a petition with the juvenile and domestic relations district court may be filed under certain circumstances to declare the student a child in need of supervision. No suspended student shall be admitted to the regular school program until such student and his parent have met with the administration to discuss improvement of the student’s behavior, unle ss the principal determines that readmission, without parent conference, is appropriate for the student. Upon failure of a parent to comply with these provisions of Virginia Code §22.1-279.3, Parental Responsibility and Involvement Requirements, the School Board may, by petition to the juvenile and domestic relations district court, proceed against such parent for willful and unreasonable refusal to participate in efforts to improve the student’s behavior or school attendance. Definitions For the purposes of this Section, unless the context clearly indicates otherwise: "Alternative education program" shall include, but not be limited to, adult education, Southeastern Alternative School, homebased instruction, or any other 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 onequarter 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 which 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 in this subsection and from which a destructive device may be readily assembled. "Destructive device" shall not include any device which 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 policies or regulations governing student conduct that interrupts or obstructs the learning environment. "Exclusion" means the 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 the School Board or a committee thereof, 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” for purposes of mandatory expulsion, means: (1) any weapon prohibited on school property or at a school-sponsored activity pursuant to §18.2-308.1 of the Code of Virginia; (2) 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 explosion of a combustible material; (3) the frame or receiver of any such weapon; or (4) any unloaded firearm in a closed container. “Firearm” does not include any pneumatic gun as defined in this document. "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. “Parent” means the natural parent(s) and/or legal guardian(s) of the student. “Pneumatic gun” means any implement, designed as a gun that will expel a BB or a pellet by action of pneumatic pressure. “Pneumatic guns” include, but are not limited to, paintball gun s, air guns, Airsoft guns, pellet guns and BB guns. “Principal” as used in in this Section means the principal or designee. “School property” means any real property owned or leased by the School Board, any vehicle owned or leased by the School Board or operated by or on behalf of the School Board, school bus stops or a Drug-Free School Zone as per Code of Virginia §18.2-255.2. "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” or “Division Superintendent” as used in this Section means the superintendent or designee.
Prohibited Behaviors No student shall violate, while on school property, while at any school activity, or while under the supervision of school authority (including going to and coming from school), any laws and/or rules and regulations of the School Board and the school. The following are general categories of prohibited conduct. Specific conduct violations and accompanying consequences are listed in Regulation 7-3.1(A). 1. Alcohol, Drugs and Inhalants - The unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of alcohol, anabolic steroids, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, synthetic cannabinoid as defined in Virginia Code § 18.2-248.1:1, inhalant, or other controlled substance as defined in the Drug Control Act, Chapter 34, Title 54.1 of the Code of Virginia, or as defined in schedules I through V of 21 U.S.C. 812, or imitation controlled substances or drug paraphernalia while on school property or while engaged in or attending any school sponsored or school approved activity or event, shall result in suspension and/or expulsion from school in accordance with all applicable laws and School Board policy. “Drug paraphernalia” shall mean those items described in §18.2-265.1 of the Code of Virginia and “imitation controlled substance” shall mean a pill, capsule, tablet or other item that is not a controlled substance, an alcoholic beverage, anabolic steroid, or marijuana, but which by overall dosage unit, appearance, including color, shape, size, marking or package, or by representations made, is intended to lead or would lead a reasonable person to believe that such a pill, capsule, tablet or other item is a controlled substance, an alcoholic beverage, anabolic steroid, or marijuana. Inhalant use is the intentional breathing of chemical vapors or gas. Inhalants include but are not limited to, computer dusters, solvent-based markers, solvent-based correction fluid, fingernail polish remover, aerosols, gasoline and butane. Bomb Threat/False Fire Alarm – Students shall not make a false threat or the intent to create a false threat, including, but not limited to a bomb threat or false fire alarm.
Bullying – Bullying occurs when a person or group of people exposes another person, repeatedly and over time, to negative actions, which include the following three components: a. Aggressive behavior that involves unwanted, negative actions; b. A pattern of behavior repeated over time; and, c. An imbalance of power.
Types of bullying actions include: a. Verbal bullying (including derogatory comments; name calling) b. Social exclusion or isolation c. Physical bullying (hitting, kicking, shoving, spitting, etc.) d. Bullying through lies and false rumors e. Bullying by having money or possessions taken or damaged f. Threats or coercion to do things one doesn’t want to do g. Racial bullying h. Sexual bullying i. Cyberbullying (bullying through email, instant messaging (IMing), chat room exchanges, Web site poses, or digital messages or images sent to a cellular phone or personal digital assistant (PDA.) Cyberbullying, like traditional bullying, involves an imbalance of power, aggression, and a negative action that is often repeated.) 4. Defiance of the Authority of School Personnel/Disrespect - Students shall comply with any oral or written instructions made by school personnel, volunteers, or law enforcement personnel within the scope of their authority as provided by School Board policies and regulations. Students may immediately seek guidance from school personnel in situations where they believe their safety or well-being is being compromised. In other cases, the students should make an appointment with a school administrator to discuss their concerns. Students shall communicate in a respectful manner with all school personnel, volunteers and law enforcement personnel. Disrespect and defiance of authority may result in disciplinary action. Dishonesty - Honesty shall be practiced in the entire educational experience. Cheating, plagiarism, forgery (including computer forgery), lying, stealing, or any other acts of dishonesty shall not be tolerated. This includes unauthorized or illegal use of computers or computer networks. Disruptive Behavior - Students shall not behave in a disorderly manner or in any other manner that materially or substantially disrupts or disturbs the safe and orderly operation of the classroom, the school, the ongoing educational process, or any school activity. Fighting/Assault/Battery – Students shall not fight or display or contribute to aggressive behavior that is disruptive or dangerous. All students have the right to be educated in an atmosphere that is free from violence, fear, intimidation, harassment and abuse. Assault is an attempt to inflict or actual infliction of physical harm, or the touching of another person without their consent. Battery involves 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, or hitting. Battery normally involves one aggressor. Fighting is the touching or striking of another person with the intent to bring about harmful or offensive contact to another person. Fighting involves two or more persons. Students are expected to avoid conflicts of this nature. Assault, battery and fighting are all violations of School Board policy. Gambling - Gambling in any form is prohibited on school property or in association with any school activity. Students 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. Gang Activity – Students shall not engage in gang activity on school grounds, on any school buses, or at any school sponsored activity. A gang is defined as any group of two or more persons whose organized purpose includes some or all of the following: (1) commission of illegal acts, (2) participation in activities that threaten the safety of persons or property of others, (3) disruption of school activities, and (4) creation of an atmosphere of fear and intimidation. Gang activity includes, but is not limited to: a. 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; b. Committing any act or omission, or using any speech, either verbal or nonverbal (such as gestures or handshakes) showing membership or affiliation in a gang; or c. Using any speech or committing any act or omission in furtherance of the interests of any gang, including:
i. Soliciting, hazing and initiation of others for membership in any gang; ii. Requesting any person to pay for protection or otherwise intimidating or threatening any person; iii. Committing any other illegal act or other violation of school policy Inciting other students to act with physical violence; and iv. Inappropriate congregating, bullying, harassment, abuse, intimidation, degradation, disgrace and/or related activities which are likely to cause bodily danger, physical harm, or mental harm to students, employees or visitors Hazing - Students shall not participate in the hazing of other students. Hazing is the reckless or intentional endangerment of the health or safety of a student or students or the infliction of 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 Fauquier County school at which hazing which causes bodily injury occurs shall report the hazing to the local Commonwealth Attorney. Hazing, as defined herein, is a Class I 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 Virginia Code §18.2-56. Medication and Prescription Drugs - “Medication” refers to any drug, including prescription and over -thecounter drugs and supplements. A student shall not have in his possession any medication or supplement except approved self-administered medication when written permission is on file from the parent and physician. Other medications may be delivered to the school clinic in accordance with School Board policy for safekeeping and to administer to the student when permission is received from the parent for over-thecounter drugs, and from the parent and physician for prescription drugs. Possession, Distribution and/or Sale of Pornography and/or Pornographic Materials – Students shall not possess, distribute, give and/or sell pornography and/or pornographic materials in any format, nor shall students procure or attempt to procure pornography and/or pornographic materials. This includes, but is not limited to, written, photographic and pornographic images stored and/or shared on electronic devices such as cell phones. Unauthorized Possession or Use of Portable Electronic Devices including Smartphones, Laptop Computers, Tablets, Cellular Telephones, Personal Digital Assistants (PDS’s), Portable Music or Video Devices , and/or Other Portable Communication and Electronic Devices –Students may not now possess these personal electronic devices during posted school hours and may use them as designated by the building principal. Students may use these devices on school property before and after school hours and, if permitted by the building principal, during passing time, at lunch and, at the discretion of the driver, while on the school bus. However, while in a school bus/vehicle before or after posted school hours, students may possess but not use these devices. Students may only use a personal electronic device in class if specifically instructed to do so by a staff member. If a student violates these rulesthe Code of Student Conduct or Acceptable Use Policy using an electronic device, in addition to other disciplinary sanctions, which may be imposed, the device may be confiscated from the student and returned only to the student’s parent or parent’s designee. The student may also lose the privilege to use personal electronic devices in the future. Profane, Obscene, Abusive, or Threatening Language – Cursing, threatening, or using abusive language or remarks intended to demean or intimidate a person, including derogatory language related to race, religion, sex, national origin, disability, sexual orientation, or intellectual ability is prohibited. This violation includes action, displays, or written material of an obscene, violent, or inappropriate nature and the wearing of clothing or adornments, including inappropriate jewelry, that convey either violent or sexually suggestive messages or offensive statements towards school personnel and students (e.g., vulgar language). Stalking - Stalking means willful, malicious and repeated following or similarly harassing a person over an extended period. Stalking can also include seeking and obtaining the person's personal information in order to contact them. Stalking may include such acts as: a. Repeated physical following; b. Unwanted contact (by letter or other means of communication); c. Observing a person's actions closely for an extended period of time; d. Contacting family members, friends, or associates inappropriately; and
Cyberstalking (1. Using the Internet, through chat rooms, social media and e-mail, to find, identify, and arrange to meet a person whom one intends to victimize. 2. Sending multiple emails, often on a systematic basis, to annoy, embarrass, intimidate, or threaten a person or to make a person fearful that he/she or a member of his/her family or household will be harmed. Also called e-mail harassment.)
Stalking of any form will not be tolerated by Fauquier County Public Schools. 16. Student Dress - 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. All students are expected to dress appropriately. Apparel worn to school should be neat and clean. Items of clothing with language that is vulgar, obscene, or discriminating, or that promotes or depicts weapons, drugs, alcohol, tobacco, drug paraphernalia, themes of violence, or gang symbols are prohibited. Examples of unacceptable dress include: a. “See through” shirts, spaghetti-strap tank tops, or muscle shirts. These may only be worn with an additional shirt of a different type underneath or over. b. Hats, head covers (except for religious purposes), headbands, and sunglasses are not to be worn in a school building. c. Clothing that exposes undergarments, the midriff, chest, back, or buttocks is inappropriate for school and is not permitted. d. Pajamas and other sleepwear. e. Absence of shoes or appropriate footwear. f. Clothing with inappropriate slogans, sexual innuendo, themes of violence, or negative gestures, especially as they relate to alcohol, drugs, illegal substances, or tobacco products may not be worn. g. Any student’s dress that is determined by school administration to be disruptive to the learning environment is not acceptable. h. Pants worn below the normal waistline and/or at a length that may cause walking on the hem of the garment. 17. Technology Violations – Violations of the Fauquier County Public Schools computer use policy are not permitted. 18. Theft – Students shall not take property from the possession of another person or from the school division without the consent of the owner. 19. Threatening Behavior, Harassment, Sexual Harassment – A student shall not threaten or sexually harass another student or any school employee, volunteer, student teacher or any other person present in school facilities or at school functions. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. Generally, a student shall not threaten or harass another student or any school employee, volunteer, student teacher or any other person present in school facilities or at school functions on the basis of race, color, gender, age, religion, disability, appearance, national origin, sexual orientation, or marital status. Threatening and harassing include, but are not limited to, inappropriate verbal or physical conduct that creates an intimidating, hostile or offensive environment. In accordance with School Board regulation JFC-R, students may immediately seek guidance from school personnel in situations where they believe their safety or well-being is being compromised. In other cases, the student should make an appointment with a school administrator to discuss their concerns. 20. Tobacco - The possession and/or use of tobacco on school premises (including school vehicles) is strictly prohibited at all times. 21. Trespassing - Students shall not enter upon school property or use school facilities without the proper authority or permission. Students are not allowed to be on school property during a period of suspension or expulsion. Students who are expelled may not be on school property or attend any school event at any time during the period of expulsion. Such students who are not readmitted to school after 365 days of expulsion continue to be prohibited from being on school property or at school-sponsored events. Should said student wish to have the prohibition removed, a formal request must be made to the principal of the school of attendance where the suspension or expulsion took place. For expulsion, if supported by the principal, such request to remove the prohibition must be approved by the School Board after a hearing. This policy does
not preclude the individual from being on school property for non-school sponsored groups using the property; however, the individual must have approval from the superintendent for this purpose. 22. Truancy - Students are to be in their assigned classes and on the school grounds during the entire school day. Students must obtain permission from the principal to leave the school grounds before the designated closing of the school day. 23. Vandalism - Students shall not maliciously or willfully damage, injure, deface, or destroy school property or other property owned or under the control of the School Board, or the personal property of others, to include electronic data. This category includes graffiti. In addition to criminal sanctions against offending students, the Code of Virginia allows the School Board to seek reimbursement from the student or the student’s parent for the destruction of school property. 24. Weapons - Students shall not use or possess any dangerous weapons as defined in this Code of Student Conduct. Administrative Options for Addressing Misconduct Students are subject to discipline by the staff for any misconduct that occurs in school or on school property; in a school vehicle; while participating in or attending any school sponsored activity or trip; and on the way to and from school. Students may be subject to discipline for misconduct that occurs off school property when such misconduct includes acts that lead to: (1) an adjudication of delinquency or a conviction for an offense listed in §16.1-260 of the Code of Virginia (including unlawful purchase, possession or use of a weapon, homicide, felonious assault and bodily wounding, criminal sexual assault, manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances or marijuana, arson and related crimes, and burglary and related offenses), or (2) a charge that would be a felony if committed by an adult. Preventive and/or corrective measures available to school administrators include but are not limited to the following: 1. 2. Warning- Teachers, principals or designee will discuss the offense with offender in an attempt to resolve the issue. Teacher Removal of Students from Class (as authorized by Code of Virginia §22.1-276.2) – Teachers shall have the initial authority to remove students from class for disruptive behavior. Disruptive behavior is defined as a violation of the School Board regulations governing student conduct that interrupts or obstructs the learning environment. Before or After School Detention - Where appropriate a student may be detained for a reasonable period of time before or after his classes and may be required during this time to engage in controlled and constructive activities as may reasonably contribute to better behavior. Parents of students assigned detention time shall be notified in writing at least one school day prior to the time to be served in order that there may be an opportunity to make transportation arrangements. Because the student remains in attendance, this policy provides no appeal process beyond the decision of the principal. Before- or after-school detention given by the principal’s designee may be appealed to the principal whose decision is final. Suspension from Extracurricular Activities - A student’s privilege to participate in all or certain extracurricular activities and/or school sponsored activities may be suspended for a fixed period of time or until certain specified conditions have been fulfilled. Suspension from extracurricular activities may be imposed in conjunction with other penalties. Parents shall be notified of such suspension in writing. In-School Suspension - A student may be placed in the In-School Suspension program for the duration of a short-term suspension, as a part of a short-term suspension, or as a part of a longterm suspension at the discretion of the principal. Students on short-term suspension, which is any suspension of ten (10) days or less, receive credit for schoolwork made up after they return from suspension. Referral to an Alternative Education Program - The School Board may, in accordance with the procedures set forth in this section and upon a finding that a student has been (i) charged with an offense relating to the Commonwealth’s laws, or with a violation of School Board policies on weapons, alcohol or drugs, or intentional injury to another person; (ii) found guilty or not innocent of a crime that resulted in or could have resulted in injury to others, or for which the disposition
ordered by a court is required to be disclosed to the division superintendent pursuant to Virginia Code §16.1-305.1; (iii) long-term suspended pursuant to the procedures in this section; or (iv) expelled from school attendance pursuant to the procedures in this section, require the student to attend an alternative education program as provided in Virginia Code §§22.1-209.1:2 or 22.1277.2:1. 7. Out-of-School Suspension and Expulsion from school and/or School Vehicles - A student’s privilege to attend school and/or ride in a school vehicle may be suspended by the school principal, any assistant principal, or in their absence and in the case of short term suspensions of less than ten (10) days, a designee, according to all applicable law and to the procedures set out in this Code of Conduct and for the offenses contained herein. Students will receive credit for work done while on suspension when the work is received no later than the day the students returns to school. Students may be expelled by the School Board. If expelled, a student may only return if granted permission to do so by the School Board. 8. Mandatory Recommendation for Expulsion – for firearm passion or use or possession of a controlled substance, imitation controlled substance, marijuana, synthetic cannabinoid, as defined in Chapter 34 of Title 54.1 and section 18.2-247 of the Code of Virginia, on school property or at a school sponsored activity. The division superintendent may determine, based on the facts of the case that special circumstances exist and another form of disciplinary action is appropriate. 9. Referral to Authorities - In addition to the disciplinary action outlined, any known violation of the law will be referred to the appropriate law enforcement authorities. 10. Recommendation for Participation in a Drug, Alcohol, or Violence Intervention, Prevention or Treatment Program – at the parent’s expense. 11. Restitution – Students may be expected to pay restitution for vandalism, theft or other damage to school property. (For example: Damage to computers resulting from tampering, etc.) Ref: FCPS Policy 3-3.13 Fine and Fees. 11.12. Restorative Justice Options – School administrators, in coordination with school counselors, parents and other school staff, may implement restorative justice options. (E.g., peer mediation, directed community services, research projects, etc.) 12.13. Other Appropriate Measures – Student contracts, parental involvement, counseling, community and/or school services, and attendance at Saturday or evening school are other measures which may be used to improve student conduct. Corporal Punishment No teacher, principal or other person employed by the School Board shall subject a student to corporal punishment. For the purposes of this Policy, “corporal punishment means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline. This definition shall not include physical pain or discomfort cause by participation in practice or competition in an interscholastic sport, or participation in physical education or an extracurricular activity. In addition, this definition shall not include physical pain, injury, or discomfort caused by the use of incidental, minor, or reasonable physical contact or other actions designed to maintain order and control or the use of reasonable and necessary force permitted by the Virginia Code § 22.1-279.1. Discipline History Students are responsible for behaving in a dignified and respectful manner and following rules, regulations and laws. Failure to fulfill this responsibility shall result in appropriate consequences as defined herein. In assigning consequences, the principal and/or superintendent shall consider the student’s cumulative record of behavior and discipline. This record shall include the seriousness and number of all infractions reported for grades 6 through 12. Substance Abuse (Drugs and Alcohol) Possession and/or distribution of a controlled substance, imitation controlled substance, marijuana, as defined in the Code of Virginia, section 18.2-247, synthetic cannabinoids as defined in Virginia Code Section 18.2248.1:1, or alcohol on school property or at a school-sponsored activity is prohibited. Any student in violation of this policy will be subject to the consequences outlined in Regulation 7-3.1 (A).
Any student who violates this policy shall participate in the prevention and intervention activities identified in Fauquier County School Division’s drug and violence prevention plan. The School Board may require any student who is in possession of or under the influence of drugs at school or school-sponsored activities to: (1) undergo evaluation for drug abuse and (2) participate in a drug treatment program if recommended by the evaluator and if the student’s parent(s) consents. It is unlawful for any person to manufacture, sell, or distribute any controlled substance, imitation controlled substance, or marijuana upon the property of a public school, any property being used as a bus stop, upon public property within 1,000 feet of a school, or while on a school bus. Students apprehended as being engaged in any of these activities shall receive a ten (10) day out-of-school suspension with a concurrent recommendation for expulsion. Definitions 1. Substance abuse is defined as follows: a. Use of any substance, not designed for that purpose, as an intoxicant, stimulant, or depressant. b. Use, possession, distribution, intent to sell, selling, manufacturing, giving, attempting to sell, or being under the influence of a controlled substance, imitation controlled substance, marijuana, synthetic cannabinoids, illegal drugs or intoxicants (including but not limited to medications, over-the-counter non-prescription medications, inhalants), including alcohol, on all school property (including school buses and other vehicles), or while engaged in or attending a school activity, or while in a Drug-Free School Zone. c. Being on school property or at a school-sponsored activity while under the influence of a controlled substance, marijuana, synthetic cannabinoids, illegal drugs or intoxicants, including alcohol. d. Use, possession, distribution, intent to sell, selling, manufacturing, giving, or attempting to sell drug paraphernalia on school property (including school buses and other vehicles), or while engaged in or attending a school activity. Controlled substance shall be deemed to include imitation controlled substances as described in the Code of Virginia, section 18.2-247 (B), and all substances included in the definition of the term in Chapter 34 of Title 54.1 of the Code of Virginia. These include, but are not limited to, opiates, opium derivatives, narcotic drugs, substances having a potential for abuse associated with a stimulant or depressant effect on the central nervous system (such as amphetamine or lysergic acid), or anabolic steroids, or any hallucinogenic substance, or drugs or devices which, because of toxicity or other potentiality for harmful effect, or of the method if its use, or of the collateral measures necessary to its use, is medically regarded as safe for use only by or under the supervision of a practitioner licensed to prescribe or administer such drug or device. This term does not include alcohol or tobacco in their normal use. Imitation controlled substance means any substance represented as a controlled substance as described in the Code of Virginia, section 18.2-247 (B). By way of illustration, these include pills, capsules, tablets, or substances of any form which in their appearance or packaging, or in representations made, would be likely be mistaken for a controlled substance, and have little or no use other than being misrepresented and sold either as a controlled substance or as producing effects similar to those produced by controlled substances. By way of further example, sugar or flour or an aspirin tablet has use other than being misrepresented and sold as a controlled substance. Thus, it would not be regarded as an imitation controlled substance that would lead to mandatory expulsion; but, depending upon the circumstances of its use, it could be determined to be a look-alike substance that would subject the person in possession of it to discipline for substance abuse in accordance with this regulation. [confusing – section not in C of C book] Tobacco includes cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and all other forms of tobacco prepared in such manner as to be suitable for chewing, smoking, or both.
Penalties for Prescription and Non-Prescription Medication Violations
Prescription medications may only be given by or under the supervision of trained school personnel to students with a physician’s written order and written permission from the parent pursuant to Policy 7-5.3. Medication must be in the original container and delivered to the principal, school nurse, or School Division designee by the parent/guardian of the student. This also includes Epi-pens and diabetic medications. Non-prescription medications may only be given by school personnel to students with the written permission of the parent/guardian. Such permission must include the name of the medication, required dosage, and time to be given. Medication must be in the original container and delivered to the principal, school nurse, or School Division designee by the parent/guardian of the student. Self-administration of any medication except asthma medication is prohibited unless there is a governing school health plan. Penalties for Tobacco Products Violations All students are prohibited from the use and possession of tobacco products, matches, and lighters on school property, school buses, and at all school activities. Use shall mean lighting, chewing, inhaling, or smoking. Any student violating the tobacco provision will be subject to disciplinary action. Weapons and Dangerous Objects Carrying, bringing, using or possessing any firearm, dangerous device, or dangerous or deadly weapon in any school building, on school grounds, in any school vehicle or at any school-sponsored activity without the authorization of the school or the School Division is prohibited, and grounds for disciplinary action as provided in Regulation 7-3.1 (A). Violation of this policy shall require that the principal initiate proceedings for the discipline of the student involved immediately. Any student who brings a weapon, as defined within this section, to school shall be referred to the criminal justice or juvenile justice system. Such weapons include, but are not limited to: Any pistol, shotgun, stun gun, revolver, or other firearm listed in the Code of Virginia, section 22.1-277.07 (E), designed or intended to propel a projectile of any kind, including a rifle; Toy guns and look-alike guns; Any dirk, bowie knife, switchblade knife, ballistic knife, machete, knife or razor; Slingshots; Spring sticks; Brass or metal knuckles, blackjacks; Any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; Any disc, of whatever configuration, having at least two (2) points or pointed blades, and which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; Explosives; Destructive devices as defined in the Code of Virginia, section 22.1-277.07 (E), or other dangerous articles; Bullets, machetes, brass knuckles, switchblades, knives, Chinese stars, mace, laser pointers, firecrackers, fireworks, stink bombs, etc.; and Firearms, including but not limited to, pellet guns, BB guns, CO2 air pistols, paint ball guns, and any other device which meets the definition of firearm in the Code of Virginia, section 22.1277.07. “Firearm,” for purposes of mandatory expulsion, means any weapon prohibited on school property or at a school sponsored activity pursuant to the Code of Virginia, sections 18.2-308 and 308.1 or to the Code of Virginia, section 22.1-277.07 or to Title 18 of the United States Code, section 921.
The possession of dangerous objects is prohibited. Also included is the misuse of commonplace objects including, but not limited to, pencils, pens, other school supplies, keys, and locks. Any student who uses any object to threaten or harm another person is in violation of this policy. The use of a firearm or look-alike firearm is prohibited, whether loaded or unloaded, operative or inoperative, in a manner which threatens a person’s safety or health. The possession or representation of any explosive or flammable material considered to have the capacity to create an explosion or start a fire, including, but not limited to firecrackers, lighter fluid, and other flammable substances, is prohibited unless specifically authorized by school officials. Possession includes bringing the item(s) onto school property or to a school-sponsored event. The use, intent to use, or threat to use an explosive, including, but not limited to, fireworks, smoke/stink bombs, or any representation of an explosive device is prohibited. A false threat or the intent to create a false threat including, but not limited to, a bomb threat or false fire alarm against students, school personnel, or school property is also prohibited. Possession includes bringing the item(s) onto school property or to a school-sponsored event. The use or the intent to use any material which may result in a fire on school property, or setting fire to the property of students, staff, or volunteers is prohibited unless specifically authorized by school officials. Exceptions Curriculum: An exception to this policy may be made by the principal for students participating in an authorized part of the curriculum, extracurricular activity or team involving the use of firearms. Food Preparation or Service: A student possessing a knife which is (i) customarily used for food preparation or service and (ii) is being possessed for the sole purpose of food preparation or service shall not be subject to mandatory expulsion. However, the student may be subject to appropriate disciplinary action. Law Enforcement Officers: An exception to this policy may be made for any law enforcement officer while engaged in the performance of his/her duties. Repair, Maintenance or Contract Personnel: An exception to this policy may be made for any person who possesses a knife or blade during the customary use of his/her trade. Procedure for Teacher to Remove Student from Class The teacher shall have initial authority to remove a student from class for disruptive behavior that interrupts or obstructs the learning environment as provided for by the Code of Virginia, section 22.1-276.2. This policy is not applicable to referrals whereby students are sent from class to meet with the school administrators about a particular issue or are sent from the classroom for a limited duration of time. Nor is this policy applicable to student suspensions or expulsions. Removal from the classroom is part of a continuum of interventions available to address problems of student conduct. Nothing herein shall preclude the immediate removal of a student for behavior that might warrant suspension from school nor limit or restrict other regulations related to maintaining student behavior and discipline. Criteria for Removal of Disruptive Students From Classes A teacher may initially remove a student from class when: The removal of the student by a teacher is necessary to restore a learning environment free from interruptions or obstructions caused by the student’s behavior. The removal of a student by a teacher occurs only after teacher or administrative interventions have failed to end the student’s disruptive behavior. Whenever possible, teachers should seek to involve parent s when disruptive behaviors are first identified. The removal of a student by a teacher is an appropriate response to student behavior that violates the Code of Student Conduct. The teacher gives written notice of the student’s behavior to the parent.
Incident Reports The teacher shall provide a written incident report of disruptive behavior to the principal that includes documentation to support such removal from class. (See Regulation 7-3.1 (A)). Alternative Assignment and Instruction The principal shall ensure that a student removed from class shall continue to receive instruction, unless the student is suspended or expelled from school. The principal shall make appropriate alternative instructional arrangements for the duration of the student’s r emoval from class. The teacher removing the student must continue to provide assignments and grades for the duration of the removal. Return of a Student to Class The duration of student removals shall be determined by the principal and shall not exceed ten (10) consecutive school days. The principal shall determine when a student is to return to class and shall provide for teacher participation in any decision by the principal to return a student to class from which he or she has been removed. The incident report form includes a section regarding the teacher’s expected conditions for the student’s return to class, which shall be considered when a decision is made on the student’s return. A final decision by the principal and the teacher regarding the student’s return should be collaborative.
Conduct Code: School Bus or Other School Vehicle Students are required to conduct themselves on school buses in a manner consistent with established standards for classroom behavior. The school principal may suspend or revoke the riding privileges of students and/or take other disciplinary actions for students who are disciplinary problems on the bus. Parents (or guardians) of children whose behavior and misconduct on school buses violates the Student Code of Student Conduct or otherwise endangers the health, safety and welfare of other riders shall be notified that their child/children face the loss of school bus riding privileges and/or other disciplinary actions. If a student’s riding privileges are suspended or revoked, the student’s parents are responsible for seeing that the student gets to and from school safely. The bus driver is responsible for maintaining the orderly behavior of students on school buses and shall report misconduct to the student’s principal and provide a copy of the report to the transportation office. The division superintendent, with the advice from the Supervisor of Transportation and building principals will develop a list of rules for student conduct while on a school bus. Such rules will be published in the Fauquier County Public Schools Student/Parent Information HandbookCode of Student Conduct. This policy shall not be limited in its application to bus discipline alone, but shall also extend to all District provided or supervised transportation. These provisions shall be applicable to students’ conduct from the point at which they leave their homes to embark on the school bus and return to their homes after disembarking, including while at the bus stop. Disorderly conduct by students during these times, when confirmed, shall be reported and acted upon in the same manner as misconduct on buses. Additionally, nothing contained in this policy shall preclude the imposition of other disciplinary measures as appropriate, including suspension or expulsion from school in accordance with Policy 7-3.2. Procedural Guidelines 1. Initially, bus drivers will try to resolve the discipline problem or violation of rules directly with the student(s) involved. Bus drivers may also attempt to confer with parents and request their cooperation in resolving the problem. For problems not resolved by Step 1 or in cases of more serious discipline or safety problems, a discipline referral may be made to the school principal or his/her designee using the Bus Referral Form (See Regulation 7-3.1(B)). Under the “additional comments” section of the referral form, the driver will indicate the actions he/she has taken to attempt to resolve the problem, when
appropriate. In such cases, unless severe sanctions appear warranted, the administrator will give the student a formal warning, notify the parents and provide the parents with a copy of the discipline referral. Drivers may be called by the administrator to provide a verbal explanation of the situation involved. Arrangements for a meeting involving the driver, when appropriate, will be made through the Transportation office. 3. If a problem occurs which results in a second discipline referral or, in the case of an initial discipline referral involving a serious discipline or safety problem, the following procedure shall apply: a. b. The administrator will advise the student of the charges orally or in writing. If the student denies the charges, the administrator will explain the evidence against the student and give the student an opportunity to present the student’s side of the incident. The driver may be called to present his/her side of the incident. If, on the basis of this discussion, the administrator believes the student to be guilty of the misconduct, the administrator will suspend the student’s bus riding privileges for up to five (5) school days. The administrator shall immediately notify the parents of the suspension of bus riding privileges, the grounds for the suspension, and the duration of such suspension. The parents may meet with the administrator to review the suspension if requested. The driver may be requested to attend that meeting. A meeting shall be held prior to reinstatement of the student’s bus riding privileges. The driver may also be requested to be present. The administrator may, at his/her discretion, reinstate such privileges when the parents cannot be contacted or if the parents repeatedly fail to appear for scheduled meetings.
If a student, who has previously had bus riding privileges suspended during the current school year, receives another discipline referral, the administrator will follow the procedures in paragraphs (3)(a) through (3)(e), above, with the following modifications: a. If the administrator believes the student to be guilty of the misconduct charged, the administrator will suspend the student’s bus riding privileges for up to ten (10) school days (but not less than five (5) days) and b. The student’s bus riding privileges will not be reinstated until a meeting with the parents and the administrator (and bus driver when necessary) has taken place. The administrator may, at his/her discretion, reinstate such privileges where the parents cannot be contacted or if the parents repeatedly fail to appear for scheduled meetings. If a student, who has twice previously during the current school year had bus riding privileges suspended, receives another discipline referral, the administrator will follow the procedures in paragraphs (3)(a) through (3)(e), above, with the following modifications: a. If the administrator believes the student to be guilty of the misconduct charged, the administrator will suspend the student’s bus riding privileges for thirty (30 ) school days; and b. The student’s bus riding privileges will not be reinstated until a meeting with the student, the parents, the bus driver, the administrator and the Supervisor of Transportation has taken place. In cases of severe and/or continuing problems, the school principal or the Supervisor of Transportation may, after following the paragraphs in 220.127.116.11 through 18.104.22.168, above, suspend privileges for an additional fifteen (15) days, during which time an informal hearing will be scheduled before the Superintendent or his/her designee, with the student, the parents, the Supervisor of Transportation, the driver, if considered appropriate, and the building principal for the purpose of considering the revocation of the student’s bus riding privileges fo r the remainder of the current school year. The decision of the Superintendent or his/her designee will be final. The student’s bus riding suspension will remain in effect during the appeal process.
These procedures shall not preclude the school principal or Supervisor of Transportation from eliminating any of the steps in the process, if in their judgment the misconduct by the student warrants more severe action. Situations involving the possession or use of weapons, drugs or alcohol as defined above shall be treated as indicated. In addition, there will be a loss of ridership privileges for the same period as the suspension or expulsion from school.
Alternative Assignment of Students Charged with Crimes It is the intent of the School Board that the Fauquier County Public Schools will offer a safe and orderly environment that enhances learning. Toward this end, it may be necessary to remove from the regular school program students who are alleged to have committed criminal offenses outside the school setting, pending the disposition of the charges that have been made against them. Upon receipt of information that a student enrolled in the Fauquier County Public Schools has been charged with an offense in violation of laws on weapons, alcohol or drugs, or intentional injury to another, the Superintendent may require the student to attend an alternative education program. As used in this policy, the term “charged” means that a petition or warrant has been filed or is pending against the student. The division superintendent may require the student to attend the alternative education program regardless of where the crime is alleged to have occurred. In determining whether an assignment to a particular alternative educational program is appropriate, the division superintendent, in consultation with the principal, shall consider the nature of the alleged crime, the safety and welfare of the student and of other students and staff at the school, as well as any disruptive effect that the student’s attendance may have on the school. Offenses that would justify an alternative educational placement include, but are not limited to, those set out in the Code of Virginia, section 16.1-260(G) relating to: 1. 2. 3. 4. 5. 6. 7. Certain firearm offenses, Homicide, Felonious assault and bodily wounding, Criminal sexual assault, Manufacture, gift, sale, distribution, or possession of Schedule I or II controlled substances, Manufacture, sale, or distribution of marijuana, Arson and related crimes, including possession, use or manufacture of explosives and threats to bomb, burn or destroy property, 8. Burglary and related offenses, 9. Robbery, 10. Prohibited criminal street gang activity, 11. Recruitment of other juveniles for a criminal street gang activity, or 12. An act of violence by a mob. The alternative education program designated by the division superintendent may include, but is not limited to, adult education, home-based instruction, an involuntary transfer to another school, a program leading to a General Education Diploma (GED), or any other educational program designed to offer instruction to students for whom the regular program of instruction may be inappropriate. If the student has been identified as eligible to receive special education services, any such assignment that will constitute a change in placement will be made by the Individualized Educational Plan (IEP) team. The division superintendent will notify the student and his/her parent about the alternative education program assignment in writing; except where the alternative program assignment has been made as a change in placement by the IEP tem, the written notification will exp lain that the student’s parent (or the student if he/she is eighteen (18) years of age or older) has an opportunity to appeal the assignment to the alternative education program
by requesting a hearing to be conducted by the division superintendent regarding such assignment (an IEP team’s decision to change the placement of a student may be reviewed in a due process hearing or mediation). While the hearing is pending, the student shall attend the alternative education program assigned by the division superintendent. The division superintendent’s written notice shall include a reasonable time limit for the parent or the adult student to request the hearing. Should a hearing be requested, the division superintendent shall conduct the hearing and render a decision, which shall be final unless it is appealed. The parent or adult student may appeal the decision to the School Board by submitting a written request for the appeal with the Clerk of the School Board within five (5) administrative days after receiving the Superintendent’s decision. Upon the filing of a request for appeal, the School Board shall, within thirty-five (35) days, review the record of the hearing at the division s uperintendent’s level and render its decision either upholding, modifying, or reversing the decision of the division superintendent. No hearing will be held by the School Board. The alternative education program assignment shall continue until changed by the division superintendent or until there is a dismissal, withdrawal, adjudication or final disposition of the charges against the student. Upon official notification that the charges have been withdrawn or dismissed, or that the student is not guilty of the crime alleged in the charges, the student shall be permitted to return to the regular program of education. Upon official notification that the student is guilty or not innocent of the charges, the division superintendent may notify the student and the student’s parent(s) that the student has been assigned to an alternative ed ucation program designated by the division superintendent. The student (if he/she is eighteen (18) years of age or older) or the parent(s) may request a hearing by the division superintendent and may appeal the Superintendent’s decision to the School Board as outlined in paragraph 7, above; provided, however that if the student is eligible for special education services, the assignment to an alternative education program will be made through the IEP team, and the IEP team’s decision may be reviewed by a due process hearing or mediation. Nothing in this policy shall be interpreted to limit the authority of a principal, the division superintendent, or the School Board to suspend or expel a student for violations of School Board policies or regulations in accordance with Policy 7-3.2. The authority of the division superintendent under this policy may be delegated to a professional employee within the administrative offices of the School Division who reports directly to the Superintendent. Investigations and Questioning of Students School Incidents Disciplinary actions are the responsibility of the principal. The school division uses the school resource officer (SRO) to assist the principal with disciplinary responses for school-related incidents. The SRO is a sworn deputy sheriff and may be assigned by the principal to investigate suspected violations of the Code of Student Conduct or Criminal Code. The principal, designee and/or SRO may interview students without parental consent if the student is capable of consenting, and does consent, to the interview. The SRO must report all findings to the principal. The principal will inform the parent of school disciplinary decisions. Appropriate due process will be followed as specified herein. Where an incident occurs on school grounds during the school day that is potentially a crime under Virginia law, the principal shall immediately contact local law enforcement, or an SRO. Law enforcement will follow all appropriate legal procedures in terms of advising students of their rights and conducting a thorough investigation. The principal shall follow applicable School Board policy according to the Code of Student Conduct in determining the involvement of a student or students in the incident and the type of disciplinary action to be taken on the part of the school. Certain misconduct that may constitute just cause for suspension or expulsion may also constitute probable cause that a state or federal law has been violated. A principal shall impose penalties provided by School Board policy for misconduct and may seek, through the appropriate legal means, criminal adjudication of the misconduct.
School administration and law enforcement officials will make every effort to work cooperatively with the least possible disruption to either the schools or local law enforcement. Non-school Incidents Social Services - Principals shall allow a child protective services worker with proper identification to interview a student who is an alleged victim of abuse and/or neglect. A private setting should be provided. Parental notification is the responsibility of the Department of Social Services and should not be made by school personnel. Law Enforcement – During the school day, on school grounds, law enforcement officers may question students without the permission of the parents or guardian, provided that the officer ascertains that the student is capable of consenting to, and does consent to, the interview. The principal shall be contacted immediately, and shall make a reasonable effort to contact the parent or guardian. If the parent or guardian cannot be present for the conference, then the principal shall be present throughout the interview. The student shall be called or escorted to the office by the principal. Under dangerous circumstances, the principal may ask the law enforcement officer to accompany him/her to the classroom to escort the student to the office. A private place shall be provided for the conference/interview. The parent, child, and/or law enforcement officer may request that a staff member be present as an observer while the student is being questioned. If the law enforcement officer removes the student from the school grounds, the principal shall immediately contact the parent or guardian of the student and the superintendent's office. The Fauquier County School Board encourages law enforcement officers, when possible, to make all reasonable attempts to conduct such interviews during non-school hours and off school premises to avoid disrupting the school operations and to avoid removing students from class. Reports of Certain Acts to School Authorities It is the intention of the School Board to create safe and orderly school environments that enhance each student’s ability to receive an education. Parents/guardians have a responsibilit y to cooperate and assist in reaching this objective. A reporting system shall be in place to report disciplinary incidents to school authorities, law enforcement authorities, and to parents/guardians. Reports shall be made to the principal or his/her designee of all incidents involving (i) the assault, assault and battery, sexual assault, death, shooting, stabbing, cutting, or wounding of any person on a school bus, on school property, or at a school-sponsored activity; (ii) any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, tobacco product, or an anabolic steroid on a school bus, on school property, or at school-sponsored activity; (iii) any threats against school personnel while on a school bus, on school property, or at a school-sponsored activity; or (iv) the illegal carrying of a firearm onto school property. The principal or his/her designee shall submit a report of all such incidents to the Superintendent. The principal or his/her designee shall notify the parent/guardian of any student involved in an incident required to be reported, regardless of whether disciplinary action is taken against such student or the nature of the disciplinary action. Such notice shall relate to only the relevant student’s involvement and shall not include information concerning other students. The division superintendent shall report to the local law enforcement agency any act enumerated above which may constitute a criminal offense.
Extracurricular/Co-curricular Activities All school rules and regulations are in effect during extracurricular and co-curricular activities, whether held on campus or away from school. (Co-curricular activities are activities directly related to classroom instruction, such as choral or band concerts/presentations.) Students are not permitted to participate in organizations and engage in related activities to the detriment of their classroom work. All student organizations and extracurricular and co-
curricular activities are under the supervision of the school principal and are officially recognized and sanctioned by the Fauquier County School Board. The School Board anticipates that students who represent the school division as participants in extracurricular or co-curricular activities will conduct themselves in a responsible and respectful manner at all times generally, and specifically abstain from the use of alcohol, tobacco products, and illegal drugs. Further, the School Board expects coaches, activity sponsors, and administrators to work in unison to promote proper student behavior by clarifying the rules governing student participation in athletics and activities and uniformly enforcing consequences for students who fail to meet them. Prevention and Intervention Activities Whenever any student commits any reportable incident as set forth in this policy, such student shall be required to participate in such prevention and intervention activities as deemed appropriate by the superintendent or his designee. The School Board shall develop, in cooperation with the local law enforcement agencies, Juvenile and Domestic Relations Court judge(s), and personnel, parents, and the community at large, programs to prevent violence and crime on school property and at school-sponsored events. Purpose The purpose of reporting acts of violence and substance abuse shall be to develop a program of prevention activities to provide a safe environment conducive to learning. Communicating Code of Conduct to Students, Parents, and School Staffs Faculty and staff will be provided a copy of this student conduct Policy annually and receive an annual inservice regarding its content. All students and parents/guardians will receive a copy of the Code of Student Conduct annually. Students and parents will be required to sign and return to the principal or his designee a statement indicating that they are aware of the Policy guidelines and sanctions for misconduct. The signed statement will be kept on file in the school office. Students will receive information about this Policy from teachers and/or other school personnel during student assemblies scheduled for that purpose. This Policy will be reviewed at least annually and revised as necessary. The review should be completed no later than June of each year. LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 18.2-56, 18.2-83, 18.2-85, 18.2-87.1, 18.2-119, 18.2-247, 18.2-248.1:1, 18.2-250, 18.2-250.1, 18.2-308, 18.2-308.1, 18.2-308.7, 18.2-433.1, 22.1-78, 22.1-202, 22.1-209.1:2(D), 22.1-253.13:7(C)(3), 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, 22.1-277.08, 22.1-277.07:1, 22.1-277.2, 22.1-277.2:1, 22.1-279.1, 22.1-279.3, 22.1-279.3:1, 22.1279.6, 22.1-280.1, 22.1-280.4, 46.2-323, 46.2-334.001; Gun Free Schools Act of 1994, Part F and Title III, Part A, § 314 et seq., 18 U.S.C. § 930(g)(2), 20 U.S.C §1415 (e)(3)(B)(i), 20 USC § 7151, Regulations Governing Special Education Programs for Children with Disabilities in Virginia 8 VAC 20-81-10, 8 VAC 20-560-10; Wood v. Henry County Public Schools, 255 Va. 85, 495 S.E.2d 255 (1998). Adopted: 04/10/12 Revised; 07/09/12; ACCOMPANYING REGULATIONS REGULATION 7-3.1 (A) CONDUCT VIOLATIONS AND ACCOMPANYING CONSEQUENCES REGULATION 7-3.1 (B) GUIDELINES FOR STUDENT PARTICIPATION IN EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES
REGULATION 7-3.1 (A) CONDUCT VIOLATIONS AND ACCOMPANYING CONSEQUENCES The following list of conduct violations and accompanying consequences is not meant to be all-inclusive. The School Board or appropriate school official may invoke disciplinary measures for conduct not listed, but which, by common understanding, a student would know or reasonably should have known would be conduct detrimental to the maintenance of good order and/or the academic process. The building principal or designee has the discretion to implement any administration option for addressing misconduct listed in FCPS Policy 7-3.1 he/she deems appropriate for Tier I – Tier III offenses. Additionally, the School Board may, upon the recommendation of the superintendent, approve a consequence up to and including expulsion for any offense that is so egregious in nature as to warrant a consequence greater than is specified otherwise in this code or in any case where sufficient cause exists for such discipline. Conversely, a principal may also seek to obtain a waiver with regard to the assignment of required consequences in light of extenuating circumstances in order to provide appropriate disciplinary alternatives. The waiver request shall be submitted to the superintendent in writing. Tier 1 Offenses A student’s failure to follow published school rules may result in a maximum of three (3) days out of school suspension from school. For example: 1. Classroom disruption 2. Disrespectful behavior: 1st offense 3. Dress code violation 4. Failure to follow school rules 5. Minor physical altercation: 1st offense 6. Tobacco: 1st offense 7. Minor safety violation 8. Possession of personal items banned by published school rules
Tier 2 Offenses The following misconduct may result in up to a maximum of five (5) days out of school suspension from school: 1. Classroom disruption: 3 or more incidents in a semester 2. Disrespectful behavior: 2nd offense 3. Unauthorized Ppossession or use of personal electronic devices prohibited during school hours 4. Fighting, including kicking, shoving, pushing, and hitting 5. Medication violations (Ref policy 7-5.3) 5.6. Minor physical altercation: 2nd offense 6.7. Misrepresentation 7.8. Persistent failure to follow school rules: 3 or more incidents in a semester 8.9. Safety violation 9.10. Technology violations 10.11. Tobacco: 2nd offense 11.12. Vandalism Tier 3 Offenses The following misconduct may result in a maximum of ten (10) days out of school suspension from school: 1. 2. 3. 4. 5. Assault and Battery Bullying Campus/classroom disruption (major) Computer invasion of privacy Computer tampering
6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
Defiance Fighting involving three or more persons Tampering with fire alarm/electronic surveillance equipment/building access equipment Gang-related activity – 1st offense (minor) Harassment Profanity/pornography Sexual harassment and/or assault, unwelcome sexual advances Sexual offenses without force Stalking Theft Threat and/or intimidation Trespassing while suspended or expelled Possession of a device that does not meet the definition of a “weapon” or “destructive device” as defined herein, but which may be used as a weapon or which might present a danger to others
Activity Suspension Activity Suspension is generally limited to the number of days a student is suspended from school. Building administrators have the authority to impose an activity suspension of a longer or shorter duration than the length of suspension from school. In such instances, the building administrator will provide in writing his/her rational for the modified activity suspension. Students on suspension for the use and/or possession of alcohol and/or illegal drugs or not allowed to participate in or attend extracurricular or co-curricular activities for the period of the suspension and for a period of 45 calendar days from the time of the infraction. Repeat Offenses – 10 day out of school suspension Two Tier 2 offenses = Up to 10 day out of school suspension Repeat Offenses – 30 day out of school suspension Three Tier 2 offenses = Up to 30 days long-term suspension One Tier 2 + One Tier 3 offense = Up to 30 days long-term suspension Two Tier 3 offenses = Up to 30 days long-term suspension Four Tier 2 offenses = Up to 30 days long-term suspension Three Tier 3 offenses = Up to 30 days long-term suspension Other Serious Offenses Drugs, Alcohol and Anabolic Steroids Drug Distribution – First Offense, Recommendation for Expulsion Alcohol Distribution – First Offense, Recommendation for Expulsion Alcohol Use, Under the Influence and/or Possession, Solicitation of Alcohol – First Offense, 10 day suspension, participation in a drug abuse program involving the student and his parents, and 45 calendar days exclusion from participation and attendance in all extracurricular and cocurricular activities; Second Offense, Recommendation for Expulsion. 4. Drug Use, Under the Influence and/or Possession of Dangerous or Illegal Drugs, or Paraphernalia, Solicitation of Drugs: First Offense, 10-day suspension, participation in a drug abuse program involving the student and his parents, and 45-calendar days exclusion from participation and attendance in all extracurricular and co-curricular activities; Second Offense, Recommendation for Expulsion. Use and/or Possession of Imitation Alcohol or Imitation (look-alike) Dangerous or Illegal Drugs: First Offense, 10 day suspension, participation in a drug abuse program involving the student and his parents, and 45 calendar days 1. 2. 3.
exclusion from participation and attendance in all extracurricular and co-curricular activities; Second Offense, Recommendation for Expulsion. Substance Abuse Counseling and Drug Testing: Students who have been disciplined for a substance abuse infraction and subsequently long-term suspended or expelled may be required to participate in group counseling at Southeastern Alternative School and may be required by the School Board to submit to random drug testing. Interscholastic Athletics and Anabolic Steroid Use: In addition to the consequences listed above, a student who is a member of a school athletic team will be ineligible for two years to compete in interscholastic athletic competition if the school principal and the superintendent determine that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition. Weapons The carrying, use, or possession of any firearm, dangerous device, or weapon as listed below, in any school building, on school grounds, in any school vehicle or at any school-sponsored event shall result in a recommendation for expulsion, unless special circumstances exist. The following weapons, given these statutory mandates, are prohibited and invoke mandatory recommendation for expulsion as stated above: Any stun weapon; Any knife having an exposed metal blade three inches in length or longer; Any pistol, revolver, or other weapon designed or intended to propel a missile of any kind; Any dirk, bowie knife, switchblade, ballistic knife, machete, knife or razor with a blade three (3) inches or longer; and slingshots, spring sticks, brass or metal knuckles, or blackjacks; Any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; Any disc of whatever configuration, having at least two (2) points or pointed blades, and which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; Any weapon of like kind as those enumerated above; Any weapon, including a starter gun, which will, or is designed or may readily be converted to expel a projectile by the action of an explosive, or other propellant; The frame or receiver of a starter gun; Any firearm muffler or firearm silencer; or Any “destructive device” defined as (i) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce, mine, or other similar device; (ii) any weapon, by whatever name known which will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half (1/2) inch in diameter; and (iii) any combination of parts either designed or intended for use in converting any device into any destructive device described in this subsection and from which a destructive device may be readily assembled. “Destructive device” shall not includ e any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and which is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device. Other Offenses 1. 2. 3. Arson – First offense, Expulsion Bomb threat or other significant threat to safety – First offense, Recommendation for Expulsion Making a false fire alarm, false 911 call – First offense, a minimum of 20 days out of school suspension
Causing a computer to malfunction – First offense, a minimum of 20 days out of school suspension 5. Making or causing to be made an unauthorized or illegal copy, in any form, of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network that significantly compromises school or student records – First offense, a minimum of 20 days out of school suspension 6. Hazing – First offense, Recommendation for Expulsion 7. Gang activity of a serious nature (or 2nd offense of minor gang related activity) – First offense, Recommendation for Expulsion 8. Brandishing or threatening to use a weapon or use of a weapon not defined by the Virginia Code as a firearm or knife—First offense, Recommendation for Expulsion 9. Egregious Assault and Battery – First offense, Recommendation for Expulsion 10. Use and/or possession of an incendiary device to include fireworks, firecrackers, or similar – First offense, a minimum of 10 days out of school suspension up to an including expulsion. 4. REGULATION 7-3.1 (B) GUIDELINES FOR STUDENT PARTICIPATION IN EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES Guidelines for Student Participation in Extracurricular and Co-curricular Activities 1. Students suspended from school are excluded from extracurricular or co-curricular activities as defined in the Conduct Violations and Accompanying Consequences section herein. Students may not participate in nor attend extracurricular or co-curricular activities if they are under suspension for violations of the Code of Student Conduct. 2. Students suspended from school will be excluded from participation in extracurricular and co-curricular activities in accordance with the suspension consequences specified herein. Students on suspension for the use and/or possession of alcohol and/or illegal drugs are not allowed to participate nor attend extracurricular or co-curricular activities for the period of the suspension and for a period of 45 calendar days from the time of the infraction. 3. The principal and/or activities director will establish rules governing student participation in athletics and activities, which will be distributed and discussed with participants prior to the beginning of the activity. Students are expected to comply with these rules and may forfeit their eligibility through noncompliance. 4. Students must attend all scheduled classes or an approved school activity on the day of competition/activity to be eligible to participate in extracurricular or co-curricular activities on that day. The principal may make exceptions to this standard for students with extenuating and/or unusual circumstances. 5. For grades 9-12, students assigned to detention by teachers and/or administrators must report the detention to the coach or sponsor. The principal, the activities director, and the coach/sponsor will determine if any additional action is to be taken concerning the student's participation in the scheduled activity. 6. For grades 9-12, students assigned to In-School Detention lose the right to participate in competitions or performances on the days that they serve; however, students may participate in practices/rehearsals on days they are assigned to ISD. The student must report the disciplinary action to the coach/sponsor. 7. For grades K-8, students assigned to In-School Detention lose the right to participate in extracurricular activities on the days that they serve. 8. Students in grades 9-12 participating in interscholastic competition in any and all activities governed by Virginia High School League (VHSL) rules shall meet the eligibility requirements of the VHSL. 9. Students in grades 6-8 must attend four of the seven periods in the school day to participate with the athletic team that day. In extenuating circumstances, the principal may grant an exception. 9.10. The principal’s decision is final in the determination of a student being eligible for participation in extracurricular or co-curricular activities. Eligibility Relative to Court Disciplinary Action(s) 1. School officials may suspend a student from participation in extracurricular and co-curricular activities who has been charged with a misdemeanor or felony involving violence, assaults on other individuals, use or
possession of a weapon(s), possession/use and/or distribution of alcohol, and/or illegal drugs until disposition of the charges by the court. Within 48 hours of being charged with an offense described above, the student must report the incident to the coach/sponsor who will present the facts as known to the school administration to determine eligibility for participation. School officials may deny participation in all extracurricular or co-curricular activities to any student convicted or found "not innocent" of a misdemeanor involving violence, assault on other individuals, use or possession of weapons, use/possession and/or distribution of alcohol and/or illegal drugs. The student may appeal to the principal for reinstatement in other activities for the following season. Students found guilty or “not innocent of” any felony charges may be denied particip ation in extracurricular or co-curricular activities. The principal’s decision is final in the determination of a student being eligible for participation in extracurricular or co-curricular activities.
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