Revisions Code Student Conduct

7/28/2019 Revisions Code Student Conduct

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SCHOOL BOARD AGENDA ITEM

INFORMATION

June 10, 2013

Excellence by Design www.fcps1.org

REQUEST: That the School Board approve the Revisions to Policy 7-3.1, Code of Student

Conduct.

RATIONALE: 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 allowstudents 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 certainelements of the internet and ensuring security and safety within the school

divisions network is an important element that will be addressed on an on-going

basis. FCPS teachers will begin to integrate this technology into their classroominstruction at the school administrations direction.

(2) Restorative Justice options have been added to the Policy 7-3.1, which willallow administrators in coordination with school counselors, parents and other

school staff to implement other discipline options such as mediation, communityservice projects or other restorative consequences rather than punitive

consequences.

BUDGET N/A

IMPACT:

SPONSOR: Frank Finn, Assistant Superintendent for Student Services and Special Education

Louis McDonald, Director of Technology

ENCLOSURE: Proposed Policy Regulation 7-3.1 (C)Revisions to Policy 7-3.1
http://www.fcps1.org/http://www.fcps1.org/http://fcps1.angellearning.com/AngelUploads/Content/SCHOOL_BOARD/_assoc/C18F465DD4344BC688CD3B9C063BE8EA/Proposed_Regulation_BYOD_7-3.1__C_.pdfhttp://fcps1.angellearning.com/AngelUploads/Content/SCHOOL_BOARD/_assoc/A6ED3C2B31644DAC972B557A3E6C74D5/7-3_1_Code_of_Student_Conduct_June_2013_.pdfhttp://fcps1.angellearning.com/AngelUploads/Content/SCHOOL_BOARD/_assoc/A6ED3C2B31644DAC972B557A3E6C74D5/7-3_1_Code_of_Student_Conduct_June_2013_.pdfhttp://fcps1.angellearning.com/AngelUploads/Content/SCHOOL_BOARD/_assoc/A6ED3C2B31644DAC972B557A3E6C74D5/7-3_1_Code_of_Student_Conduct_June_2013_.pdfhttp://fcps1.angellearning.com/AngelUploads/Content/SCHOOL_BOARD/_assoc/C18F465DD4344BC688CD3B9C063BE8EA/Proposed_Regulation_BYOD_7-3.1__C_.pdfhttp://www.fcps1.org/


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6/6/2013 3:16 PM6/5/2013 1:20 PM5/13/2013 1:40 PM

Proposed Regulation

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 personalelectronic devices on school property, including school buses. Headphones may be required as

determined by school administrators or transportation staff.

2. Devices must be turned offand Wi-Fi must be offduring class unless students have beenspecifically 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, duringpassing 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 wirelessnetwork access at their discretion. (For example on standardized testing dates.)

5. Students are strictly prohibited from taking photographs, making videos or making audiorecordings 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 beused 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 beimposed, the device may be confiscated from the student and returned only to the students

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 personalelectronic device.


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POLICY 7-3.1 CODE OF STUDENT CONDUCT

Philosophy

Recognizing the importance of the dignity and worth of each individual, the Fauquier County School Boardstrives to provide a respectful atmosphere in all schools that is conducive to successful teaching and learning. TheBoard believes that in such an atmosphere the intellectual, physical, emotional, and social needs of students andteachers are met. The Board further believes that students, parents, administrators, teachers and all other staffmembers must work together to maintain a respectful school environment in which educational and extracurricularprograms thrive.

It is the primary responsibility of students to preserve a climate of mutual respect and trust so the dignity ofthe individual can be protected and the pursuit of opportunities for each student may be realized. It is theresponsibility of administrators, teachers, and all other school staff to enforce this Code of Student Conductand tobe 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 includeinfringing upon the rights of others in the school community. To the extent permitted by applicable law, studentshave the right to: a public education without regard to gender, race, religion, or national origin; an orderly schooland 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 rightsand School Board policy.

It is the responsibility of students to preserve a climate of mutual respect and trust in order that the dignityof the individual is protected and the pursuit of opportunities for each student may be realized. Students areresponsible 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 classassignments and/or requirements; and contributing to a climate of mutual respect for all within each school so thatthe 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 Conductand theattendance policies in order that education may be conducted in an atmosphere free of disruption and the threat topersons or property. A school principal may request that a students parent or parents, if both parents have legal and

physical custody of such student, meet with the school administration to review the School Boards Code of StudentConductand the parents or parents responsibility to participate with the school in providing appropriateconsequences 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 enrolledstudent: (i) a notice of the requirements of Virginia Code 22.1-279.3 regarding Parental Responsibility andInvolvement Requirements, (ii) a copy of the School Boards Code of StudentConduct; and (iii) a copy of theVirginia compulsory school attendance law. These materials shall include a notice to the parents that by signing thestatement of receipt, parents shall not be deemed to waive, but to expressly reserve, their rights protected by theconstitutions or laws of the United States or the Commonwealth of Virginia and that a parent shall have the right toexpress disagreement with a schools or the school divisions policies or decisions.

Each parent of a student shall sign and return to the school in which the student is enrolled a statementacknowledging the receipt of the Code of Student Conduct, the notice of the requirements of Virginia Code 22.1-


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279.3, and the Virginia compulsory school attendance law. Each Fauquier County school shall maintain records ofsuch signed documents.

In accordance with all due process requirements in applicable Virginia law, the school principal may notifythe parents of any student who violates a School Board policy or the compulsory school attendance requirementswhen such violation could result in the students 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 anddetails of the violation; (ii) the obligation of the parent to take actions to assist the school in improving the students

behavior and ensuring compulsory school attendance compliance; (iii) that, if the student is suspended, the parentmay be required to accompany the student to meet with school officials; and (iv) that a petition with the juvenile anddomestic relations district court may be filed under certain circumstances to declare the student a child in need ofsupervision.

No suspended student shall be admitted to the regular school program until such student and his parenthave met with the administration to discuss improvement of the students behavior, unle ss the principal determinesthat 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, ParentalResponsibility and Involvement Requirements, the School Board may, by petition to the juvenile and domesticrelations district court, proceed against such parent for willful and unreasonable refusal to participate in efforts to

improve the students behavior or school attendance.

Definitions

For the purposes of this Section, unless the context clearly indicates otherwise:

"Al ternative education program"shall include, but not be limited to, adult education, Southeastern AlternativeSchool, homebased instruction, or any other education program designed to offer instruction to students for whomthe regular program of instruction may be inappropriate.

" Destructive device"means: (1) any explosive, incendiary, or poison gas, bomb, grenade, rocket having apropellant 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 which will, or may be readilyconverted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a boreof 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 anyfirearm prohibited from civilian ownership by federal law; and (3) any combination of parts either designed orintended for use in converting any device into any destructive device described in this subsection and from which adestructive device may be readily assembled. "Destructive device" shall not include any device which is notdesigned or redesigned for use as a weapon, or any device originally designed for use as a weapon and that isredesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include anyantique 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 thatinterrupts or obstructs the learning environment.

" Exclusion"means the School Board's denial of school admission to a student who has been expelled or has beenplaced 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 oranother state.

" Expulsion"means any disciplinary action imposed by the School Board or a committee thereof, whereby a studentis not permitted to attend school within the school division and is ineligible for readmission for 365 calendar daysafter the date of the expulsion.


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Firearmfor purposes of mandatory expulsion, means: (1) any weapon prohibited on school property or at aschool-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 anexplosion of a combustible material; (3) the frame or receiver of any such weapon; or (4) any unloaded firearm in aclosed 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 formore than ten school days but less than 365 calendar days.

One yearmeans 365 calendar days.

Parentmeans the natural parent(s) and/or legal guardian(s) of the student.

Pneumatic gunmeans any implement, designed as a gun that will expel a BB or a pellet by action of pneumaticpressure. Pneumatic guns include, but are not limited to, paintball guns, air guns, Airsoft guns, pellet guns andBB guns.

Principalas used in in this Section means the principal or designee.

School propertymeans 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 asper Code of Virginia 18.2-255.2.

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

Superintendentor 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 thesupervision 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 accompanyingconsequences are listed in Regulation 7-3.1(A).

1. Alcohol, Drugs and Inhalants - The unlawful manufacture, distribution, dispensation, possession, use, orbeing 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 theCode of Virginia, or as defined in schedules I through V of 21 U.S.C. 812, or imitation controlledsubstances or drug paraphernalia while on school property or while engaged in or attending any schoolsponsored or school approved activity or event, shall result in suspension and/or expulsion from school inaccordance 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, ormarijuana, 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.

2. Bomb Threat/False Fire Alarm Students shall not make a false threat or the intent to create a falsethreat, including, but not limited to a bomb threat or false fire alarm.


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3. Bullying Bullying occurs when a person or group of people exposes another person, repeatedly and overtime, 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 isolationc. Physical bullying (hitting, kicking, shoving, spitting, etc.)d. Bullying through lies and false rumorse. Bullying by having money or possessions taken or damagedf. Threats or coercion to do things one doesnt want to dog. Racial bullyingh. Sexual bullyingi. 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 anegative action that is often repeated.)

4. Defiance of the Authority of School Personnel/Disrespect - Students shall comply with any oral or writteninstructions made by school personnel, volunteers, or law enforcement personnel within the scope of theirauthority as provided by School Board policies and regulations. Students may immediately seek guidancefrom school personnel in situations where they believe their safety or well-being is being compromised. Inother 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 lawenforcement personnel. Disrespect and defiance of authority may result in disciplinary action.

5. 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. Thisincludes unauthorized or illegal use of computers or computer networks.

6. Disruptive Behavior - Students shall not behave in a disorderly manner or in any other manner thatmaterially or substantially disrupts or disturbs the safe and orderly operation of the classroom, the school,the ongoing educational process, or any school activity.

7. Fighting/Assault/BatteryStudents shall not fight or display or contribute to aggressive behavior that isdisruptive or dangerous. All students have the right to be educated in an atmosphere that is free fromviolence, fear, intimidation, harassment and abuse. Assault is an attempt to inflict or actual infliction ofphysical harm, or the touching of another person without their consent. Battery involves any physicalconfrontation that may result in no injury, minor injury, or serious injury that includes, but may not belimited to, kicking, shoving, pushing, or hitting. Battery normally involves one aggressor. Fighting is thetouching or striking of another person with the intent to bring about harmful or offensive contact to anotherperson. 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.

8. Gambling - Gambling in any form is prohibited on school property or in association with any schoolactivity. Students shall not bet money or other things of value or knowingly play or participate in any gameinvolving such a bet, on school property or during any school-related activity.

9. Gang ActivityStudents 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 organizedpurpose includes some or all of the following: (1) commission of illegal acts, (2) participation in activitiesthat threaten the safety of persons or property of others, (3) disruption of school activities, and (4) creationof 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 gesturesor 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:


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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; andiv. 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

10. Hazing - Students shall not participate in the hazing of other students. Hazing is the reckless or intentionalendangerment of the health or safety of a student or students or the infliction of bodily harm on a student orstudents in connection with or for the purpose of initiation, admission into or affiliation with or as acondition for continued membership in a club, organization, association, fraternity, sorority, or studentbody regardless of whether the student or students so endangered or injured participated voluntarily in therelevant activity. The principal of any Fauquier County school at which hazing which causes bodily injuryoccurs shall report the hazing to the local Commonwealth Attorney. Hazing, as defined herein, is a Class Imisdemeanor, 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. Inaddition, any person receiving bodily injury by hazing has a right to sue, civilly, the person or personsguilty thereof, whether adults or infants. See Virginia Code 18.2-56.

11. Medication and Prescription Drugs - Medication refers to any drug, including prescription and over-the-

counter drugs and supplements. A student shall not have in his possession any medication or supplementexcept approved self-administered medication when written permission is on file from the parent andphysician. Other medications may be delivered to the school clinic in accordance with School Board policyfor safekeeping and to administer to the student when permission is received from the parent for over -the-counter drugs, and from the parent and physician for prescription drugs.

12. Possession, Distribution and/or Sale of Pornography and/or Pornographic MaterialsStudents shall notpossess, distribute, give and/or sell pornography and/or pornographic materials in any format, nor shallstudents procure or attempt to procure pornography and/or pornographic materials. This includes, but isnot limited to, written, photographic and pornographic images stored and/or shared on electronic devicessuch as cell phones.

13. Unauthorized Possession or Use of Portable Electronic Devices including Smartphones, Laptop Computers,Tablets, Cellular Telephones, Personal Digital Assistants (PDSs), Portable Music or Video Devices , and/orOther Portable Communication and Electronic Devices Students may not nowpossess 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 thebuilding 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 notuse these devices. Students may only use a personal electronic device in class if specifically instructed todo so by a staff member. If a student violates these rulesthe Code of Student Conduct or Acceptable UsePolicy using an electronic device, in addition to other disciplinary sanctions, which may be imposed, thedevice may be confiscated from the student and returned only to the students parentor parents designee.The student may also lose the privilege to use personal electronic devices in the future.

14. Profane, Obscene, Abusive, or Threatening LanguageCursing, threatening, or using abusive language orremarks 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 violationincludes 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 sexuallysuggestive messages or offensive statements towards school personnel and students (e.g., vulgar language).15. 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 orderto 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


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e. 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 e-mails, often on a systematic basis, to annoy, embarrass, intimidate, or threaten a person or to makea person fearful that he/she or a member of his/her family or household will be harmed. Alsocalled e-mail harassment.)

Stalking of any form will not be tolerated by Fauquier County Public Schools.16. Student Dress - A students 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 dressappropriately. Apparel worn to school should be neat and clean. Items of clothing with language that isvulgar, obscene, or discriminating, or that promotes or depicts weapons, drugs, alcohol, tobacco, drugparaphernalia, themes of violence, or gang symbols are prohibited. Examples of unacceptable dressinclude:

a. See through shirts, spaghetti-strap tank tops, or muscle shirts. These may only be worn with anadditional shirt of a different type underneath or over.

b. Hats, head covers (except for religious purposes), headbands, and sunglasses are not to be worn ina school building.

c. Clothing that exposes undergarments, the midriff, chest, back, or buttocks is inappropriate forschool 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 beworn.

g. Any students dress that is determined by school administration to be disruptive to the learningenvironment is not acceptable.

h. Pants worn below the normal waistline and/or at a length that may cause walking on the hem ofthe garment.

17. Technology ViolationsViolations of the Fauquier County Public Schools computer use policy are notpermitted.

18. TheftStudents shall not take property from the possession of another person or from the school divisionwithout the consent of the owner.

19. Threatening Behavior, Harassment, Sexual HarassmentA student shall not threaten or sexually harassanother student or any school employee, volunteer, student teacher or any other person present in schoolfacilities or at school functions. Sexual harassment includes any unwelcome sexual advances, requests forsexual favors, and other inappropriate verbal or physical conduct of a sexual nature that creates anintimidating, hostile, or offensive environment. Generally, a student shall not threaten or harass anotherstudent or any school employee, volunteer, student teacher or any other person present in school facilitiesor at school functions on the basis of race, color, gender, age, religion, disability, appearance, nationalorigin, 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. Inaccordance with School Board regulation JFC-R, students may immediately seek guidance from schoolpersonnel 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 properauthority or permission. Students are not allowed to be on school property during a period of suspension orexpulsion. Students who are expelled may not be on school property or attend any school event at any timeduring the period of expulsion. Such students who are not readmitted to school after 365 days of expulsioncontinue to be prohibited from being on school property or at school-sponsored events. Should said studentwish to have the prohibition removed, a formal request must be made to the principal of the school ofattendance where the suspension or expulsion took place. For expulsion, if supported by the principal, suchrequest to remove the prohibition must be approved by the School Board after a hearing. This policy does
http://en.wikipedia.org/wiki/Cyberstalkinghttp://en.wikipedia.org/wiki/Cyberstalking


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not preclude the individual from being on school property for non-school sponsored groups using theproperty; 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 schoolday. Students must obtain permission from the principal to leave the school grounds before the designatedclosing of the school day.

23. Vandalism - Students shall not maliciously or willfully damage, injure, deface, or destroy school propertyor other property owned or under the control of the School Board, or the personal property of others, toinclude electronic data. This category includes graffiti. In addition to criminal sanctions against offendingstudents, the Code of Virginia allows the School Board to seek reimbursement from the student or thestudents parent for the destruction of school property.

24. Weapons - Students shall not use or possess any dangerous weapons as defined in this Code of StudentConduct.

Administrative Options for Addressing Misconduct

Students are subject to discipline by the staff for any misconduct that occurs in school or on schoolproperty; in a school vehicle; while participating in or attending any school sponsored activity or trip; and on theway to and from school. Students may be subject to discipline for misconduct that occurs off school property whensuch misconduct includes acts that lead to: (1) an adjudication of delinquency or a conviction for an offense listed in16.1-260 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 ScheduleI or II controlled substances or marijuana, arson and related crimes, and burglary and related offenses), or (2) acharge 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 thefollowing:

1. Warning- Teachers, principals or designee will discuss the offense with offender in an attempt toresolve the issue.

2. 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 studentconduct that interrupts or obstructs the learning environment.

3. Before or After School Detention - Where appropriate a student may be detained for a reasonableperiod of time before or after his classes and may be required during this time to engage incontrolled and constructive activities as may reasonably contribute to better behavior. Parents ofstudents assigned detention time shall be notified in writing at least one school day prior to thetime 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 thedecision of the principal. Before- or after-school detention given by the principals designee maybe appealed to the principal whose decision is final.

4. Suspension from Extracurricular Activities - A students privilege to participate in all or certainextracurricular activities and/or school sponsored activities may be suspended for a fixed period oftime or until certain specified conditions have been fulfilled. Suspension from extracurricularactivities may be imposed in conjunction with other penalties. Parents shall be notified of suchsuspension in writing.

5.

In-School Suspension - A student may be placed in the In-School Suspension program for theduration of a short-term suspension, as a part of a short-term suspension, or as a part of a long-term suspension at the discretion of the principal. Students on short-term suspension, which is anysuspension of ten (10) days or less, receive credit for schoolwork made up after they return fromsuspension.

6. Referral to an Alternative Education Program - The School Board may, in accordance with theprocedures set forth in this section and upon a finding that a student has been (i) charged with anoffense relating to the Commonwealths 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 innocentof a crime that resulted in or could have resulted in injury to others, or for which the disposition


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ordered by a court is required to be disclosed to the division superintendent pursuant to VirginiaCode 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 toattend an alternative education program as provided in Virginia Code 22.1-209.1:2 or 22.1-277.2:1.

7. Out-of-School Suspension and Expulsion from school and/or School Vehicles - A studentsprivilege to attend school and/or ride in a school vehicle may be suspended by the schoolprincipal, any assistant principal, or in their absence and in the case of short term suspensions ofless than ten (10) days, a designee, according to all applicable law and to the procedures set out inthis Code of Conduct and for the offenses contained herein. Students will receive credit for workdone while on suspension when the work is received no later than the day the students returns toschool. Students may be expelled by the School Board. If expelled, a student may only return ifgranted permission to do so by the School Board.

8. Mandatory Recommendation for Expulsion for firearm passion or use or possession of acontrolled substance, imitation controlled substance, marijuana, synthetic cannabinoid, as definedin Chapter 34 of Title 54.1 and section 18.2-247 of the Code of Virginia, on school property or ata school sponsored activity. The division superintendent may determine, based on the facts of thecase 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 thelaw will be referred to the appropriate law enforcement authorities.

10. Recommendation for Participation in a Drug, Alcohol, or Violence Intervention, Prevention orTreatment Programat the parents expense.

11. Restitution Students may be expected to pay restitution for vandalism, theft or other damage toschool property. (For example: Damage to computers resulting from tampering, etc.) Ref: FCPSPolicy 3-3.13 Fine and Fees.

11.12. Restorative Justice Options School administrators, in coordination with schoolcounselors, parents and other school staff, may implement restorative justice options. (E.g., peermediation, 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 othermeasures 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 corporalpunishment. For the purposes of this Policy, corporal punishment means the infliction of, or causing the inflictionof, physical pain on a student as a means of discipline. This definition shall not include physical pain or discomfortcause by participation in practice or competition in an interscholastic sport, or participation in physical education oran extracurricular activity. In addition, this definition shall not include physical pain, injury, or discomfort caused bythe use of incidental, minor, or reasonable physical contact or other actions designed to maintain order and controlor 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, regulationsand 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 students cumulative record ofbehavior and discipline. This record shall include the seriousness and number of all infractions reported for grades 6through 12.

Substance Abuse (Drugs and Alcohol)

Possession and/or distribution of a controlled substance, imitation controlled substance, marijuana, asdefined in the Code of Virginia, section 18.2-247, synthetic cannabinoids as defined in Virginia Code Section 18.2-248.1:1, or alcohol on school property or at a school-sponsored activity is prohibited. Any student in violation ofthis policy will be subject to the consequences outlined in Regulation 7-3.1 (A).


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Any student who violates this policy shall participate in the prevention and intervention activities identified

in Fauquier County School Divisions 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) undergoevaluation for drug abuse and (2) participate in a drug treatment program if recommended by the evaluator and if thestudents parent(s) consents.

It is unlawful for any person to manufacture, sell, or distribute any controlled substance, imitationcontrolled substance, or marijuana upon the property of a public school, any property being used as a bus stop, uponpublic property within 1,000 feet of a school, or while on a school bus. Students apprehended as being engaged inany of these activities shall receive a ten (10) day out-of-school suspension with a concurrent recommendation forexpulsion.

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 butnot limited to medications, over-the-counter non-prescription medications, inhalants),including alcohol, on all school property (including school buses and other vehicles), orwhile 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 acontrolled substance, marijuana, synthetic cannabinoids, illegal drugs or intoxicants,including alcohol.

d. Use, possession, distribution, intent to sell, selling, manufacturing, giving, or attemptingto sell drug paraphernalia on school property (including school buses and other vehicles),or while engaged in or attending a school activity.

2. Controlled substance shall be deemed to include imitation controlled substances as described inthe Code of Virginia, section 18.2-247 (B), and all substances included in the definition of theterm 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 witha stimulant or depressant effect on the central nervous system (such as amphetamine or lysergicacid), or anabolic steroids, or any hallucinogenic substance, or drugs or devices which, because oftoxicity or other potentiality for harmful effect, or of the method if its use, or of the collateralmeasures necessary to its use, is medically regarded as safe for use only by or under thesupervision of a practitioner licensed to prescribe or administer such drug or device. This termdoes not include alcohol or tobacco in their normal use.

3. Imitation controlled substance means any substance represented as a controlled substance asdescribed 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 inrepresentations made, would be likely be mistaken for a controlled substance, and have little or nouse other than being misrepresented and sold either as a controlled substance or as producingeffects 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 controlledsubstance. Thus, it would not be regarded as an imitation controlled substance that would lead tomandatory expulsion; but, depending upon the circumstances of its use, it could be determined tobe a look-alike substance that would subject the person in possession of it to discipline forsubstance abuse in accordance with this regulation. [confusing section not in C of C book]

4. Tobacco includes cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and all other forms oftobacco prepared in such manner as to be suitable for chewing, smoking, or both.

Penalties for Prescription and Non-Prescription Medication Violations


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Prescription medications may only be given by or under the supervision of trained school personnel tostudents with a physicians 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 Divisiondesignee 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 writtenpermission of the parent/guardian. Such permission must include the name of the medication, required dosage, andtime to be given. Medication must be in the original container and delivered to the principal, school nurse, or SchoolDivision designee by the parent/guardian of the student.

Self-administration of any medication except asthma medication is prohibited unless there is a governingschool health plan.

Penalties for Tobacco Products Violations

All students are prohibited from the use and possession of tobacco products, matches, and lighters onschool 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 inany school building, on school grounds, in any school vehicle or at any school-sponsored activity without theauthorization of the school or the School Division is prohibited, and grounds for disciplinary action as provided inRegulation 7-3.1 (A). Violation of this policy shall require that the principal initiate proceedings for the discipline ofthe student involved immediately. Any student who brings a weapon, as defined within this section, to school shallbe 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, section22.1-277.07 (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 toallow 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 isdesigned 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 otherdangerous 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, andany other device which meets the definition of firearm in the Code of Virginia, section 22.1-277.07.

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.


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The possession of dangerous objects is prohibited. Also included is the misuse of commonplace objectsincluding, but not limited to, pencils, pens, other school supplies, keys, and locks. Any student who uses any objectto threaten or harm another person is in violation of this policy. The use of a firearm or look-alike firearm isprohibited, whether loaded or unloaded, operative or inoperative, in a manner which threatens a persons safety or

health.

The possession or representation of any explosive or flammable material considered to have the capacity tocreate an explosion or start a fire, including, but not limited to firecrackers, lighter fluid, and other flammablesubstances, 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/stinkbombs, or any representation of an explosive device is prohibited. A false threat or the intent to create a false threatincluding, but not limited to, a bomb threat or false fire alarm against students, school personnel, or school propertyis 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 theproperty 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 anauthorized 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 foodpreparation or service and (ii) is being possessed for the sole purpose of food preparation or service shall not besubject 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 engagedin the performance of his/her duties.

Repair, Maintenance or Contract Personnel: An exception to this policy may be made for any person whopossesses 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 interruptsor obstructs the learning environment as provided for by the Code of Virginia, section 22.1-276.2. This policy is notapplicable to referrals whereby students are sent from class to meet with the school administrators about a particularissue or are sent from the classroom for a limited duration of time. Nor is this policy applicable to studentsuspensions or expulsions. Removal from the classroom is part of a continuum of interventions available to addressproblems of student conduct. Nothing herein shall preclude the immediate removal of a student for behavior thatmight warrant suspension from school nor limit or restrict other regulations related to maintaining student behaviorand 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 frominterruptions orobstructions caused by the students behavior.

The removal of a student by a teacher occurs only after teacher or administrative interventions have failedto end the students disruptive behavior. Whenever possible, teachers should seek to involve parent s whendisruptive behaviors are first identified.

The removal of a student by a teacher is an appropriate response to student behavior that violates the Codeof Student Conduct.

The teacher gives written notice of the students behavior to the parent.


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Incident Reports

The teacher shall provide a written incident report of disruptive behavior to the principal that includesdocumentation 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 thestudent is suspended or expelled from school. The principal shall make appropriate alternative instructionalarrangements for the duration of the students removal from class. The teacher removing the student must continueto 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 forteacher participation in any decision by the principal to return a student to class from which he or she has beenremoved. The incident report form includes a section regarding the teachers expected conditions for the students

return to class, which shall be considered when a decision is made on the students return. A final decision by theprincipal and the teacher regarding the students 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 establishedstandards for classroom behavior. The school principal may suspend or revoke the riding privileges of studentsand/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 orotherwise endangers the health, safety and welfare of other riders shall be notified that their child/children face theloss of school bus riding privileges and/or other disciplinary actions. If a students riding privileges are suspended or

revoked, the students parents are responsible for seeing that the student gets to and from school safely. The busdriver is responsible for maintaining the orderly behavior of students on school buses and shall report misconduct tothe students 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 principalswill develop a list of rules for student conduct while on a school bus. Such rules will be published in the FauquierCounty 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 Districtprovided or supervised transportation. These provisions shall be applicable to students conduct from the point atwhich they leave their homes to embark on the school bus and return to their homes after disembarking, includingwhile at the bus stop. Disorderly conduct by students during these times, when confirmed, shall be reported andacted upon in the same manner as misconduct on buses. Additionally, nothing contained in this policy shall precludethe imposition of other disciplinary measures as appropriate, including suspension or expulsion from school inaccordance with Policy 7-3.2.

Procedural Guidelines

1. Initially, bus drivers will try to resolve the discipline problem or violation of rules directly with thestudent(s) involved. Bus drivers may also attempt to confer with parents and request theircooperation in resolving the problem.

2. For problems not resolved by Step 1 or in cases of more serious discipline or safety problems, adiscipline referral may be made to the school principal or his/her designee using the Bus ReferralForm (See Regulation 7-3.1(B)). Under the additional comments section of the referral form, thedriver will indicate the actions he/she has taken to attempt to resolve the problem, when


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appropriate. In such cases, unless severe sanctions appear warranted, the administrator will givethe student a formal warning, notify the parents and provide the parents with a copy of thediscipline referral. Drivers may be called by the administrator to provide a verbal explanation ofthe situation involved. Arrangements for a meeting involving the driver, when appropriate, will bemade through the Transportation office.

3. If a problem occurs which results in a second discipline referral or, in the case of an initialdiscipline referral involving a serious discipline or safety problem, the following procedure shallapply:

a. The administrator will advise the student of the charges orally or in writing.b. If the student denies the charges, the administrator will explain the evidence against the

student and give the student an opportunity to present the students side of the incident.

The driver may be called to present his/her side of the incident.c. If, on the basis of this discussion, the administrator believes the student to be guilty of the

misconduct, the administrator will suspend the students bus riding privileges for up to

five (5) school days.d. 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. Theparents may meet with the administrator to review the suspension if requested. The drivermay be requested to attend that meeting.

e. A meeting shall be held prior to reinstatement of the students bus riding privileges. Thedriver 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 repeatedlyfail to appear for scheduled meetings.

4. If a student, who has previously had bus riding privileges suspended during the current schoolyear, receives another discipline referral, the administrator will follow the procedures inparagraphs (3)(a) through (3)(e), above, with the following modifications:

a. If the administrator believes the student to be guilty of the misconduct charged, theadministrator will suspend the students bus riding privileges for up to ten (10) school

days (but not less than five (5) days) andb. The students 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 administratormay, at his/her discretion, reinstate such privileges where the parents cannot be contactedor if the parents repeatedly fail to appear for scheduled meetings.

5. If a student, who has twice previously during the current school year had bus riding privilegessuspended, receives another discipline referral, the administrator will follow the procedures inparagraphs (3)(a) through (3)(e), above, with the following modifications:

a. If the administrator believes the student to be guilty of the misconduct charged, theadministrator will suspend the students bus riding privileges for thirty (30 ) school days;and

b. The students 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 hastaken place.

6. In cases of severe and/or continuing problems, the school principal or the Supervisor ofTransportation may, after following the paragraphs in 2.1.3.1 through 2.1.3.5, above, suspendprivileges for an additional fifteen (15) days, during which time an informal hearing will bescheduled before the Superintendent or his/her designee, with the student, the parents, theSupervisor of Transportation, the driver, if considered appropriate, and the building principal forthe purpose of considering the revocation of the students bus riding privileges for the remainderof the current school year. The decision of the Superintendent or his/her designee will be final.The students bus riding suspension will remain in effect during the appeal process.


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7. These procedures shall not preclude the school principal or Supervisor of Transportation fromeliminating any of the steps in the process, if in their judgment the misconduct by the studentwarrants more severe action.

8. Situations involving the possession or use of weapons, drugs or alcohol as defined above shall betreated 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 orderlyenvironment that enhances learning. Toward this end, it may be necessary to remove from the regular schoolprogram students who are alleged to have committed criminal offenses outside the school setting, pending thedisposition of the charges that have been made against them.

Upon receipt of information that a student enrolled in the Fauquier County Public Schools has beencharged with an offense in violation of laws on weapons, alcohol or drugs, or intentional injury to another, theSuperintendent may require the student to attend an alternative education program. As used in this policy, the termcharged means that a petition or warrant has been filed or is pending against the student. The divisionsuperintendent may require the student to attend the alternative education program regardless of where the crime isalleged to have occurred.

In determining whether an assignment to a particular alternative educational program is appropriate, thedivision superintendent, in consultation with the principal, shall consider the nature of the alleged crime, the safetyand welfare of the student and of other students and staff at the school, as well as any disruptive effect that thestudents attendance may have on the school.

Offenses that would justify an alternative educational placement include, but are not limited to, those setout in the Code of Virginia, section 16.1-260(G) relating to:

1. Certain firearm offenses,2. Homicide,

3. Felonious assault and bodily wounding,4. Criminal sexual assault,5. Manufacture, gift, sale, distribution, or possession of Schedule I or II controlled substances,6. Manufacture, sale, or distribution of marijuana,7. 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, or12. 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 aGeneral Education Diploma (GED), or any other educational program designed to offer instruction to students forwhom the regular program of instruction may be inappropriate. If the student has been identified as eligible toreceive special education services, any such assignment that will constitute a change in placement will be made bythe Individualized Educational Plan (IEP) team.

The division superintendent will notify the student and his/her parent about the alternative educationprogram assignment in writing; except where the alternative program assignment has been made as a change inplacement by the IEP tem, the written notification will explain that the students parent (or the student if he/she iseighteen (18) years of age or older) has an opportunity to appeal the assignment to the alternative education program


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by requesting a hearing to be conducted by the division superintendent regarding such assignment (an IEP teamsdecision to change the placement of a student may be reviewed in a due process hearing or mediation). While thehearing is pending, the student shall attend the alternative education program assigned by the divisionsuperintendent. The division superintendents written notice shall include a reasonable time limit for the parent orthe 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 bysubmitting a written request for the appeal with the Clerk of the School Board within five (5) administrative daysafter receiving the Superintendents decision.

Upon the filing of a request for appeal, the School Board shall, within thirty-five (35) days, review therecord of the hearing at the division superintendents level and render its decision either upholding, modifying, orreversing 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 superintendentor until there is a dismissal, withdrawal, adjudication or final disposition of the charges against the student. Uponofficial notification that the charges have been withdrawn or dismissed, or that the student is not guilty of the crimealleged in the charges, the student shall be permitted to return to the regular program of education. Upon officialnotification that the student is guilty or not innocent of the charges, the division superintendent may notify the

student and the students parent(s) that the student has been assigned to an alternative education program designatedby the division superintendent. The student (if he/she is eighteen (18) years of age or older) or the parent(s) mayrequest a hearing by the division superintendent and may appeal the Superintendents decision to the School Boardas outlined in paragraph 7, above; provided, however that if the student is eligible for special education services, theassignment to an alternative education program will be made through the IEP team, and the IEP teams 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 inaccordance with Policy 7-3.2.

The authority of the division superintendent under this policy may be delegated to a professional employeewithin 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 resourceofficer (SRO) to assist the principal with disciplinary responses for school-related incidents. The SRO is a sworndeputy sheriff and may be assigned by the principal to investigate suspected violations of the Code of StudentConductor Criminal Code. The principal, designee and/or SRO may interview students without parental consent ifthe student is capable of consenting, and does consent, to the interview. The SRO must report all findings to theprincipal. The principal will inform the parent of school disciplinary decisions. Appropriate due process will befollowed as specified herein.

Where an incident occurs on school grounds during the school day that is potentially a crime under Virginialaw, the principal shall immediately contact local law enforcement, or an SRO. Law enforcement will follow allappropriate 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 Conductin determiningthe involvement of a student or students in the incident and the type of disciplinary action to be taken on the part ofthe school.

Certain misconduct that may constitute just cause for suspension or expulsion may also constitute probablecause that a state or federal law has been violated. A principal shall impose penalties provided by School Boardpolicy for misconduct and may seek, through the appropriate legal means, criminal adjudication of the misconduct.


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School administration and law enforcement officials will make every effort to work cooperatively with the leastpossible 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 tointerview a student who is an alleged victim of abuse and/or neglect. A private setting should be provided. Parentalnotification is the responsibility of the Department of Social Services and should not be made by school personnel.

Law EnforcementDuring the school day, on school grounds, law enforcement officers may questionstudents without the permission of the parents or guardian, provided that the officer ascertains that the student iscapable of consenting to, and does consent to, the interview. The principal shall be contacted immediately, and shallmake a reasonable effort to contact the parent or guardian. If the parent or guardian cannot be present for theconference, 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, theprincipal may ask the law enforcement officer to accompany him/her to the classroom to escort the student to theoffice. A private place shall be provided for the conference/interview. The parent, child, and/or law enforcementofficer may request that a staff member be present as an observer while the student is being questioned. If the lawenforcement 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 allreasonable attempts to conduct such interviews during non-school hours and off school premises to avoid disruptingthe 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 eachstudents ability to receive an education. Parents/guardians have a responsibilit y to cooperate and assist in reachingthis objective. A reporting system shall be in place to report disciplinary incidents to school authorities, lawenforcement authorities, and to parents/guardians.

Reports shall be made to the principal or his/her designee of all incidents involving (i) the assault, assaultand battery, sexual assault, death, shooting, stabbing, cutting, or wounding of any person on a school bus, on schoolproperty, 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 atschool-sponsored activity; (iii) any threats against school personnel while on a school bus, on school property, or ata school-sponsored activity; or (iv) the illegal carrying of a firearm onto school property. The principal or his/herdesignee 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 incidentrequired to be reported, regardless of whether disciplinary action is taken against such student or the nature of thedisciplinary action. Such notice shall relate to only the relevant students involvement and shall not includeinformation concerning other students.

The division superintendent shall report to the local law enforcement agency any act enumerated abovewhich may constitute a criminal offense.

Extracurricular/Co-curricular Activities

All school rules and regulations are in effect during extracurricular and co-curricular activities, whetherheld 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 engagein related activities to the detriment of their classroom work. All student organizations and extracurricular and co-


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curricular activities are under the supervision of the school principal and are officially recognized and sanctioned bythe Fauquier County School Board.

The School Board anticipates that students who represent the school division as participants inextracurricular or co-curricular activities will conduct themselves in a responsible and respectful manner at all timesgenerally, and specifically abstain from the use of alcohol, tobacco products, and illegal drugs. Further, the SchoolBoard expects coaches, activity sponsors, and administrators to work in unison to promote proper student behaviorby clarifying the rules governing student participation in athletics and activities and uniformly enforcingconsequences 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 berequired to participate in such prevention and intervention activities as deemed appropriate by the superintendent orhis designee. The School Board shall develop, in cooperation with the local law enforcement agencies, Juvenile andDomestic Relations Court judge(s), and personnel, parents, and the community at large, programs to preventviolence 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 preventionactivities 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 in-service regarding its content.

All students and parents/guardians will receive a copy of the Code of Student Conductannually. Studentsand parents will be required to sign and return to the principal or his designee a statement indicating that they areaware of the Policy guidelines and sanctions for misconduct. The signed statement will be kept on file in the schooloffice. Students will receive information about this Policy from teachers and/or other school personnel duringstudent assemblies scheduled for that purpose.

This Policy will be reviewed at least annually and revised as necessary. The review should be completedno 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, 22.1-279.6, 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 SpecialEducation Programs for Children with Disabilities in Virginia 8 VAC 20-81-10, 8 VAC 20-560-10; Wood v. HenryCounty 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


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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. TheSchool Board or appropriate school official may invoke disciplinary measures for conduct not listed, but which, bycommon understanding, a student would know or reasonably should have known would be conduct detrimental tothe 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 deemsappropriate for Tier ITier III offenses. Additionally, the School Board may, upon the recommendation of thesuperintendent, approve a consequence up to and including expulsion for any offense that is so egregious in natureas to warrant a consequence greater than is specified otherwise in this code or in any case where sufficient causeexists for such discipline. Conversely, a principal may also seek to obtain a waiver with regard to the assignment ofrequired 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 students failure to follow published school rules may result in a maximum of three (3) days out ofschool suspension from school. For example:

1. Classroom disruption

2. Disrespectful behavior: 1st

offense3. Dress code violation4. Failure to follow school rules5. Minor physical altercation: 1st offense6. Tobacco: 1st offense7. Minor safety violation8. Possession of personal items banned by published school rules

Tier 2 Offenses

The following misconduct may result in up to a maximum offive (5) days out of school suspension from

school:

1. Classroom disruption: 3 or more incidents in a semester2. Disrespectful behavior: 2nd offense3. Unauthorized Ppossession or use ofpersonal electronic devicesprohibited during school hours4. Fighting, including kicking, shoving, pushing, and hitting5. Medication violations (Ref policy 7-5.3)5.6.Minor physical altercation: 2nd offense6.7.Misrepresentation7.8.Persistent failure to follow school rules: 3 or more incidents in a semester8.9.Safety violation9.10. Technology violations10.11. Tobacco: 2nd offense11.12. Vandalism

Tier 3 Offenses

The following misconduct may result in a maximum often (10) days out of school suspension fromschool:

1. Assault and Battery2. Bullying3. Campus/classroom disruption (major)4. Computer invasion of privacy5. Computer tampering


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6. Defiance7. Fighting involving three or more persons8. Tampering with fire alarm/electronic surveillance equipment/building access equipment9. Gang-related activity1st offense (minor)10. Harassment11. Profanity/pornography12. Sexual harassment and/or assault, unwelcome sexual advances13. Sexual offenses without force14. Stalking15. Theft16. Threat and/or intimidation17. Trespassing while suspended or expelled18. 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 durationthan 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 toparticipate in or attend extracurricular or co-curricular activities for the period of the suspension and for aperiod of 45 calendar days from the time of the infraction.

Repeat Offenses10 day out of school suspension

Two Tier 2 offenses = Up to 10 day out of school suspension

Repeat Offenses30 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 suspensionTwo Tier 3 offenses = Up to 30 days long-term suspensionFour Tier 2 offenses = Up to 30 days long-term suspensionThree Tier 3 offenses = Up to 30 days long-term suspension

Other Serious Offenses

Drugs, Alcohol and Anabolic Steroids

1. Drug DistributionFirst Offense, Recommendation for Expulsion2. Alcohol DistributionFirst Offense, Recommendation for Expulsion3. Alcohol Use, Under the Influence and/or Possession, Solicitation of AlcoholFirst 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.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 programinvolving the student and his parents, and 45-calendar days exclusion from participation andattendance in all extracurricular and co-curricular activities; Second Offense, Recommendation forExpulsion.

Use and/or Possession of Imitation Alcohol or Imitation (look-alike) Dangerous or Illegal Drugs: First Offense, 10day suspension, participation in a drug abuse program involving the student and his parents, and 45 calendar days


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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 abuseinfraction and subsequently long-term suspended or expelled may be required to participate in group counseling atSoutheastern 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 amember of a school athletic team will be ineligible for two years to compete in interscholastic athletic competition ifthe school principal and the superintendent determine that the student used anabolic steroids during the trainingperiod immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by alicensed physician for a medical condition.

Weapons

The carrying, use, or possession of any firearm, dangerous device, or weapon as listed below, in any schoolbuilding, on school grounds, in any school vehicle or at any school-sponsored event shall result in arecommendation 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 toallow 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 isdesigned 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 toexpel 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 orincendiary charge of more than one-quarter (1/4) ounce, mine, or other similar device; (ii) anyweapon, by whatever name known which will, or may be readily converted to, expel a projectileby the action of an explosive or other propellant, and which has any barrel with a bore of morethan one-half (1/2) inch in diameter; and (iii) any combination of parts either designed or intendedfor use in converting any device into any destructive device described in this subsection and fromwhich a destructive device may be readily assembled. Destructive device shall not includ e anydevice that is not designed or redesigned for use as a weapon, or any device originally designedfor use as a weapon and which is redesigned for use as a signaling, pyrotechnic, line-throwing,

safety, or other similar device.

Other Offenses

1. ArsonFirst offense, Expulsion2. Bomb threat or other significant threat to safetyFirst offense, Recommendation for Expulsion3. Making a false fire alarm, false 911 callFirst offense, a minimum of 20 days out of school

suspension


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4. Causing a computer to malfunctionFirst offense, a minimum of 20 days out of schoolsuspension

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 acomputer or computer network that significantly compromises school or student recordsFirstoffense, a minimum of 20 days out of school suspension

6. HazingFirst offense, Recommendation for Expulsion7. Gang activity of a serious nature (or 2nd offense of minor gang related activity)First offense,

Recommendation for Expulsion8. Brandishing or threatening to use a weapon or use of a weapon not defined by the Virginia Code

as a firearm or knifeFirst offense, Recommendation for Expulsion9. Egregious Assault and BatteryFirst offense, Recommendation for Expulsion10. Use and/or possession of an incendiary device to include fireworks, firecrackers, or similarFirst

offense, a minimum of 10 days out of school suspension up to an including expulsion.

REGULATION 7-3.1 (B) GUIDELINES FOR STUDENT PARTICIPATION IN EXTRACURRICULAR ANDCO-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 inthe Conduct Violations and Accompanying Consequences section herein. Students may not participate innor attend extracurricular or co-curricular activities if they are under suspension for violations of the Codeof Student Conduct.

2. Students suspended from school will be excluded from participation in extracurricular and co-curricularactivities in

Revisions Code Student Conduct

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