Table of Contents Letter from the Superintendent Letter from the Asheville City Board of Education I. Code of Student Conduct Introduction……………………………………………………… Purpose and Applicability……………………………………… Authority of School Personnel……………………………….... Corporal Punishment…………………………………………... Basic Rights and Responsibilities……….……………………. Roles and Expectations………………………………………... Multi-Tiered System of Support (MTSS) General Procedure for Dealing with Problem Behavior…….. Possible Consequences for Violation of Board Policies, this Code of Student Conduct, or other School Rules…….
7 7 7 7 8 8 9-11 11 12-14
Rule 1: Attendance…………………………………………...... Rule 2: Integrity and Civility………………………………….... Rule 3. Disruptive Behavior/Dress Code/ Personal Electronic Devices…………………………………...
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Rule 4: Tobacco Free Schools – Students…………………... Rule 5: Drugs and Alcohol…………………………………...... Rule 6: Theft…………………………………………………….. Rule 7: Damage to Property………………………………....... Rule 8: Trespass………………………………………………... Rule 9: Assaults/Injuries………………………. ……………… Rule 10: Threats………………………………………………… Rule 11: Hazing……………………………………………........ Rule 12: Bullying and Harassment………………………........ Rule 13: Discrimination……………………………………....... Rule 14: Weapons and Weapon-Like Items……………........ Rule 15: Bomb Threats and Hoaxes……………………......... Rule 16: Terrorist Threats and Hoaxes…………………........ Rule 17: Threats to Safety of Students and Employees……. Rule 18: Criminal Behavior………………………………......... Rule 19: Bus Conduct………………………………………...... Bus Contract II. Annual Public Notices…………………………………...... Board Policy 4301- Authority of School Personnel/ Use of Reasonable Force………………………………………
16 17 17 17 17 18 18 18 18 19 19 20 20 20 21 21 23 25-29 30
Board Procedure 4302-P Rules for Use of Seclusion/Restraint/Isolation……………….
30-32
North Carolina General Statute § 115C-391.1 Permissible Use of Seclusion and Restraint…………………
32-34
Inclement Weather Information……………………………….
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Code of Student Conduct Contract…………………………... NCLB/FERPA Opt-Out Notice………………………………... Asheville City Schools Telephone/FAX numbers……………
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Code of Student Conduct 2017-2018
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Code of Student Conduct Introduction The primary purpose of Asheville City Schools is to promote a good learning environment. The Asheville City Board of Education has established this Code of Student Conduct as a guide for students, parents and staff to meet the expected standards for student behavior, both at school and while attending all school-sponsored activities. In Asheville City Schools, students have rights and privileges as well as responsibilities. While the school system has an obligation to provide an education for all students, we have set high standards for students to conduct themselves in a way that is respectful and helps build a climate essential for learning. Purpose and Applicability The purpose of this Code of Student Conduct is to present, in a single document, district policies for the proper conduct and behavior of students in the Asheville City Schools incorporates the school’s Plan for Management of Student Behavior. This Code makes no effort to recognize every breach of good behavior. Misbehavior (any behavior deemed inappropriate by school officials) will be addressed by the school administrator in an appropriate manner. This Code of Student Conduct illustrates expected, appropriate and respectful student behaviors, describes conduct that may subject students to discipline, and sets out the range of interventions and disciplinary consequences that may be used by school officials for violations of these standards of behavior. These policies and practices support character development, the development of self-control, and positive behavior choices. Developing positive and effective student behaviors requires collaborative efforts from school, home, and community organizations and agencies. Our schools support appropriate student behaviors that facilitate learning and minimize disruption in several ways. One example is MTSS ( Multi-Teired System of Support Model). The focus of this Code of Student Conduct is to guide student behavior, to implement interventions that will improve student behavior and to assist school staff in creating safe and orderly environments. At the beginning of each school year, the principal is responsible for providing each student and his/her parent(s) or guardian(s) information in regards to the Code of Student Conduct along with any other school rules and procedures located on the Asheville City Schools Home Page at www.ashevillecityschools.net. Students enrolling during the school year and their parent(s) or guardian(s) will be able to find the information upon enrollment by going to the Asheville City Schools Home Page at www.ashevillecityschools.net. Unless otherwise specified, this Code of Student Conduct shall apply to all students in the district: 1) before, during, and after school hours, while in any school building, or on any school property; 2) while on any school-owned vehicle or in any other school approved vehicle used to transport students to and from school or school activities; 3) while waiting at or departing from a designated school bus stop; 4) during any school function, extracurricular activity, or any other school sanctioned activity or event; 5) during any period of time when students are subject to the authority of school employees; and 6) at any place or time when the behavior of a student otherwise violates this Code of Student Conduct and the conduct has or is reasonably expected to have a direct and immediate impact on the orderly and efficient operation of the schools or the safety of individuals in the school environment. Authority of School Personnel This Code of Student Conduct is not intended to restrict in any way the authority of principals or teachers, as they are authorized by law to make rules and decisions for the operation of their respective schools or classes. The Board encourages and supports the rights of principals to employ a variety of disciplinary actions which may include but are not limited to the possible consequences for misbehavior listed on page 12 of this Code. The principal has the authority and responsibility to investigate and take appropriate action regarding any behavior referred to him/her. The teacher has the authority and responsibility to manage student behavior in the classroom while students are under his/her supervision. The teacher also has the authority to manage or remove disruptive or dangerous students. According to NC General Statute 115C-390.5, “The principal shall have authority to impose short-term suspension (up to 10 school days) on a student who willfully engages in conduct that violates a provision of the Code of Student Conduct authorizing short-term suspension.” According to NC General Statute 115C-390.7, “a principal may recommend to the superintendent the long-term suspension (more than 10 school days) of any student who willfully engages in conduct that violates a provision of the Code of Student Conduct that authorizes long-term suspension.” Corporal Punishment Asheville City Schools does not use corporal punishment, believing that other consequences are more appropriate and effective for teaching self- control. Notwithstanding this prohibition on the use of corporal punishment, school personnel may use physical restraint in accordance with federal law and NCGS 115C-391.1 and reasonable force pursuant to NCGS 115C-390.3 and as set forth on page 32 of this Code of Student Conduct.
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Basic Rights and Responsibilities Parents/Guardians, students, and all school personnel share the responsibility for maintaining a positive school climate conducive to the pursuit of learning, working, and living. According to NC Law, it is the duty of all teachers, student teachers, substitute teachers, voluntary teachers, teacher assistants, and all staff, when given authority by the principal, to maintain good order, discipline and provide for the general well-being of students. Everyone is expected to work positively toward this goal and respect the individuality and the rights of each person. Parent(s)/Guardian(s), students, and school personnel are also expected to deal effectively with behavioral concerns. Any student who refuses to comply with reasonable rules, regulations, or directives imposed by the principal (or designee), teacher, or authorized school employee shall be held in violation of applicable Board of Education policies and this Code of Student Conduct. The federal legislation, Family Educational Rights and Privacy Act, prohibits the discussion of discipline issues and consequences with anyone but the parent/guardian/custodian of a student. Simply put, parents/guardians/custodians cannot ask for information regarding any student but their own. A copy of all Board of Education policies, administrative procedures, and North Carolina statutes referenced in this document can be obtained from our website (www.ashevillecityschools.net), Central Office, or your child’s principal. In keeping with our commitment to safety for our students and staff, all visitors, parents, etc. will be required to sign in electronically at each school after being allowed to enter the buildings using our new buzz in door systems. To enter the building at most times of the day, visitors must press the buzzer which allows the office personnel to view visitors on camera and be admitted to the school. The first time a visitor or parent signs in, he/she will need her/his driver’s license or state I.D. card for identification. After that, visitors will still be required to sign in and receive a badge sticker with name and photograph for each visit. Thank you for your cooperation in making our schools a very safe and secure place for student learning.
Roles and Expectations A. 1. 2. 3.
Board of Education To adopt fair and consistent discipline policies, which establish clear standards for student behavior. To provide for the development of this Code of Student Conduct. To ensure, through the Superintendent, that there is a fair and consistent application of the discipline policies by school employees.
B. Parent/Guardian 1. To assume legal responsibility for the behavior of the child, as determined by law and community practice, and to ensure that the child is familiar with the discipline policies and regulations. 2. To teach your child self-discipline, respect for authority, and the rights of others. 3. To ensure your child abides by the expectations listed in the Code of Student Conduct Contract. Please sign and return the official contract located on page 35 to your child’s school. 4. To make sure your child attends school on time daily for the entire day. When your child cannot attend, please provide written notification to the school explaining the reason of any absence. Your child should remain at school for the entire day. Picking your child up early causes him/her to miss instruction and also creates class disruption. 5. To work to the best of his/her ability to provide the materials and a positive home learning environment for the child to succeed in school. 6. To maintain open communication, please provide the school with a current/accurate telephone number and address. This information should include a way to contact you during the school day for academic and emergency purposes. Please provide immediate updates when addresses and phone numbers change. 7. To respond quickly to school to get the child, when called upon. 8. To be available for conferences when requested. 9. To cooperate with the school staff to develop strategies to benefit the child. C. 1. 2. 3.
Student To be aware of and abide by district policies, regulations, and school guidelines regarding acceptable behavior. To be responsible for one’s own choices, behaviors, and overall conduct. To conduct oneself in a manner which is conducive to learning and does not interfere with the teacher’s right to teach or the students’ right to learn. 4. To abide by the expectations listed in the Code of Student Conduct Contract. Please sign and return the official contract located on page 35 to your school. 5. To respect the personal, civil, and property rights of all members of the school community. 6. To refrain from the use of physical force, verbal abuse, harassment, bullying, stealing, vandalism, or other improper activities. 7. To seek clarification from school personnel concerning the appropriateness of any action or behavior. 8. To attend school and classes regularly, on time, and be prepared with the necessary learning materials. 9. To know and follow the policies and regulations for every event considered part of the school program, regardless of the time or place. 10. To immediately comply with any staff members reasonable request to carry out school rules.
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D. Teacher 1. To provide opportunities for all students to develop self-discipline and respect for the rights of others. 2. To accept shared responsibility for control and discipline of students throughout the school building and property. 3. To consider the physical, social, intellectual, and emotional development of students. 4. To establish and inform students of individual classroom behavior expectations and to maintain discipline within the classroom. 5. To provide appropriate learning opportunities for all students. 6. To be aware of and abide by district policies, regulations and school guidelines for discipline. 7. To confer with support personnel for possible solutions for inappropriate student behavior and attend any conferences upon request. 8. To use positive reinforcement, whenever possible, and not ridicule or use negative comparisons when correcting a student. 9. To report to the parent/guardian at regular reporting periods and at other times, when appropriate, regarding the acceptability of a student’s behavior and academic progress. 10. To utilize all reasonable classroom strategies to address disruptive behavior prior to referring a student for out-of-class disciplinary action. 11. To refer, in writing, a disruptive student to the principal or his/her designee when appropriate teacher-initiated strategies have been unsuccessful, or the severity of the offense makes it necessary. E. 1. 2. 3.
Principal To consistently apply the Code of Student Conduct guaranteeing clear standards and consequences for student behavior. To maintain a safe, orderly, and caring school environment To exercise discipline over the students of the school pursuant to the policies adopted by the Asheville City Board of Education, and to assign duties to teachers with regard to discipline 4. To assign duties and responsibilities to an assistant principal designated by the Asheville City Board of Education or to an acting principal designated by the principal 5. To assume the overall responsibility for the implementation of procedures and rules necessary to enforce standards of acceptable student behavior in the school 6. To be readily available to handle disruptive behavior or any discipline issues, and emergency situations 7. To communicate effectively to parents/guardians the expectations of the school discipline program and the role of the parents/guardians in supporting the efforts of the school in providing a safe school environment 8. To develop a strategic plan that will mobilize community resources/agencies that can provide additional services and support to the school discipline program 9. To provide annual professional development to teachers and parents on issues related to a sound disciplinary program, i.e., intervention strategies, establishing effective rules and consequences, legal issues, etc. 10. To develop a viable communication network that informs the community, parents, and staff of the status and modification of the school’s discipline policies and procedures 11. To continuously monitor and assess current data in order to make modifications to the program and provide alternative disciplinary strategies to fit the needs of the school 12. To comply with the school district’s discipline plan in order to provide consistent data and a smooth transition as students move within the system
Multi Tiered System of Support A Multi Tiered System of Support (MTSS) is a multi-tiered framework which promotes whole school improvement through engaging, research based academic and behavioral practices. The framework combines the Responsiveness to Instruction (RtI) and Positive Behavioral Intervention and Supports (PBIS) frameworks. A Multi Tiered System of support shifts the focus from a process for some students to a framework for ALL students. It asks that we look at the whole child, using academic, behavioral and attendance data to determine the areas of strength and need. Students often need encouragement and new skills to improve their behavior and assistance in learning to do so. School staff recognizes that maintaining and changing student behavior involves a continuum of acknowledgments, supports, and interventions. Learn more at NC DPI MTSS Link- http://www.dpi.state.nc.us/curriculum/responsiveness/
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Tiered System of Interventions Tier 1 - All Students Includes: • universal screening to determine academic strengths and deficiencies • general curriculum enhanced by research-based intervention strategies and acknowledgment of positive behaviors • includes PEP’s when necessary • 80-90% of all students will remain in Tier I Tier 2—Small Group Interventions Focus on: • use of grade level teams and professional learning communities • examination of Common Formative Assessment (CFA) student data • selected academic and/or behavioral interventions for students who do not respond to universal efforts • targeted groups of students who require more support • interventions that are part of a continuum of behavioral supports needed in schools • pre, post and ongoing assessments to check for student progress (progress monitoring) • introduction of the Student Success Team (SST) or MTSS Team if necessary Tier 3—Intensive Interventions Focus on: • the needs of individual students, inclusive of students with disabilities, who have not responded to Tier I and Tier II academic interventions and/ or who exhibit a pattern of problem behaviors • interventions involving functional behavioral assessments and behavioral intervention plans • use of the SST or MTSS team for additional problem solving and support • individualized Plans for Eligible Students
School-Wide Systems for Student Success: Multi-Tiered System of Support Model
ACADEMIC SYSTEMS
Tier 3/Tertiary Interventions Individual Students Assessment-Based High Intensity
BEHAVIORAL SYSTEMS 1-5%
1-5%
Tier 3/Tertiary Interventions Individual Students Assessment-Based Intensive, Durable Procedures
5-15% Tier 2/Secondary Interventions Some Students (At-Risk) High Efficiency Rapid Response Small Group Interventions Some Individualizing
Tier 2/Secondary Interventions 5-15% Some Students (At-Risk) High Efficiency Rapid Response Small Group Interventions Some Individualizing Tier 1/Universal Interventions 80-90% All Students Preventive, Proactive
80-90% Tier 1/Universal Interventions All Settings, All Students Preventive, Proactive
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General Procedure for Dealing with Problem Behavior Observe Problem Behavior
No
Yes Is Behavior Major?
Find a place to talk with student(s) d a place to talk with student(s) nd a place to talk with student(s)
Ensure safety
Write referral & escort student to office
Problem solve
Determine consequences
Problem solve
Follow procedure documented Determine consequence
Does student have 3? Follow documented procedure No
Yes
Follow through with consequence File necessary documentation
Send referral to office referral to office
Follow up with student within a week
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File necessary documentation
Possible Consequences for Violation of Board Policies, this Code of Student Conduct, or other School Rules 1. Minor Violations Minor violations of Board policies, this Code of Student Conduct, or other School rules are those less severe infractions involving a lower degree of dangerousness and harm. Examples of minor violations include the use of inappropriate or disrespectful language, noncompliance with a staff directive, dress code violations and minor physical altercations that do not involve a weapon or an injury. Aggravating circumstances, however, may justify treating an otherwise minor violation as a serious violation. Minor violations of Board policies, this Code of Student Conduct, or other School rules may result in disciplinary measures or responses up to and including short-term suspension. Further information regarding the procedures for short-term suspensions is provided in policy 4351, Short- Term Suspension. Other disciplinary measures or responses may include, but are not limited to, the following: a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p)
parental involvement, such as conferences; isolation or time-out for short periods of time; behavior improvement contracts; instruction in conflict resolution and anger management; mediation; individual or small group sessions with the school counselor; academic intervention; loss of privileges in-school suspension; detention before and/or after school or on Saturday; up to 5 hours of community service; exclusion from graduation ceremonies; exclusion from extracurricular activities; suspension from bus privileges; disciplinary re-assignment to a full-time alternative program or setting; or similar measures that do not remove a student from the classroom or school building.
The parent or guardian is responsible for transportation that may be required to carry out a consequence. With the exception of suspension from bus privileges, if a parent or guardian is unable to provide transportation, another consequence will be substituted. 2. Serious Violations Serious violations of Board policies, this Code of Student Conduct or other School rules may result in any of the consequences that may be imposed for minor violations. In addition, serious violations that threaten to substantially disrupt the educational environment may result in long-term suspension, and serious violations that threaten the safety of students, school employees or school visitors may result in long-term suspension or expulsion. Certain violations involving firearms or destructive devices may result in a 365-day suspension. Further information regarding the standards and procedures for long-term suspensions, 365-day suspensions and expulsions is provided in policy 4353, Long-Term Suspension, 365-Day Suspension, Expulsion. (See also policy 4333, Weapons, Bomb Threats, Terrorist Threats and Clear Threats to Safety, for information regarding 365-day suspensions for certain violations involving firearms or destructive devices.) 3. Repeated Violations No student shall, through habitual or repeated violation of this Code of Student Conduct or local school or classroom rules, substantially disrupt the educational process. Such habitual violations, no matter how minor, shall be considered as aggravating circumstances to justify treating habitual or repeated violations as serious violations when the student’s disciplinary record shows a clear pattern of noncompliance with established rules and regulations. 4. Student Discipline Policies Pursuant to N.C.G.S. § 115C-390.2(i) schools must make all policies, rules and regulations regarding school discipline. For the Board’s policies and regulations student discipline, consult the Board’s online policy manual at: http://www.ashevillecityschools.net/pages/Asheville_City_Schools/Policy_Manual
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Short-Term Suspensions Students will be provided with an opportunity for an informal hearing with the Principal, Assistant Principal or designee before a short-term suspension is imposed, at which time the student has the right to be present, to be informed of the charges and the basis for the accusations against him or her, and to make statements in defense or mitigation of the charges. If the presence of the student at school (1) creates a direct and immediate threat to the safety of other students or staff or (2) substantially disrupts or interferes with the education of other students or the maintenance of discipline at the school, the short-term suspension may be imposed without first providing the student with an opportunity for a hearing, if the student is given notice of the charges and an opportunity for an informal hearing as soon as practicable. The Principal or designee shall provide the student's parent or guardian with notice of the imposition of a short-term suspension that includes the reason for the suspension and a description of the conduct upon which the suspension is based. This notice must be given by the end of the work- day during which the suspension is imposed when reasonably possible, but in no event more than two days after the suspension is imposed. This notice may be by telephone, but must be followed by timely written notice sent by fax, e-mail or other method reasonably designed to give actual notice. According to ACS Board Policy 4351, Short-Term Suspension and NCGS 115C-390.5(c), any student subject to a short-term suspension will be given (1) the opportunity to take textbooks home for the duration of the suspension, (2) upon request, the right to receive all missed assignments and, to the extent practicable, the materials distributed to students in connection with the assignment, and (3) the opportunity to take any quarterly, semester or grading period exams missed during the suspension period. Appeals of Short-Term Suspensions In accordance with G.S. 115C-390.6(e) and 115C-45(c)(1), a student is not entitled to appeal any short-term suspension (10 school days or less) imposed by a school administrator to either the Superintendent or the Board unless it is appealable on some other basis. Hearing Procedures for Long-Term Suspensions, 365-Day Suspensions, Expulsions Each time that a Principal recommends a long-term suspension, 365-day suspension, or expulsion of a student to the Superintendent, the Assistant Superintendent will convene a Disciplinary Hearing Panel within five days of the parent's receipt of the Principal's recommendation to assess misbehavior and appropriate consequences pursuant to Board Policy 4370, Student Discipline Hearing Procedures. The purpose of the hearing will be to determine the facts relevant to the alleged misbehavior and the credibility of witnesses based on the evidence presented at the hearing. Immediately following the hearing, the Disciplinary Hearing Panel shall present its recommendations to the Superintendent. Based upon the recommendations and findings of fact of the Disciplinary Hearing Panel, the Superintendent shall render a written decision and notify the student and parent of that decision in accordance with the requirements of Board Policy 4353, Long-Term Suspension, 365-Day Suspension, and Expulsion. Appeals of Long-Term Suspensions and 365-Day Suspensions According to School Board Policy 4353, Long-Term Suspension, 365-Day Suspension, Expulsion and Board Policy 4370, Student Discipline Hearing Procedures, a student may appeal a long-term or 365-day suspension imposed by the Superintendent to the Board of Education. The student must appeal to the Board in writing within five school days of receiving the Superintendent’s decision. Board Decisions on Expulsion A student or parent or guardian may request a hearing by the Board of Education within five days of receiving notice of the Superintendent's recommendation that the student be expelled pursuant to Board Policy 4353, Long-Term Suspension, 365-Day Suspension, Expulsion and Board Policy 4370, Student Discipline Hearing Procedures. If a hearing is not requested, the Superintendent will submit written evidence to support the expulsion recommendation to the Board. The Board will make a decision on the Superintendent's recommendation following the standards for expulsion established in Board Policy 4353, Long-Term Suspension, 365-Day Suspension, Expulsion and provide a copy of its decision to the student's parent or guardian. Readmission of Students Suspended for 365 Days or Expelled All requests for readmission of students who have been suspended for 365 days or expelled will be considered in accordance with Board Policy 4362, Requests for Readmission of Students Suspended for 365 Days or Expelled. Alternative Education Services Students who are long-term suspended will be offered alternative education services unless the Superintendent determines that there are significant or important reasons for declining to offer such services.
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Disciplinary Reassignments Students may be reassigned to a full-time alternative educational program or setting for disciplinary reasons pursuant to Board Policy 3470, Alternative Schools and Programs, instead of being long-term suspended. A disciplinary reassignment is not a long-term suspension and the hearing and appeal procedures set out above for long-term suspensions do not apply.
Rule1: Attendance Board Policy Code 4400 Attendance Defined To be considered in attendance, a student must be present in the school for at least one-half of the school day or at a place other than the school with an appropriate school official to attend an authorized school activity. Parents and legal guardians are responsible for ensuring that students attend and remain at school daily. Picking a child up before s/he has completed at least one half of the instructional day will result in the child being marked absent for the day. Students should remain in school for the entire day except for a valid reason (see excused absences below) as it is often disruptive to locate a child for early dismissal and the child will miss instructional time. Class attendance and participation are critical elements of the educational process and may be taken into account in assessing academic achievement. Students are expected to be at school on time and to be present at the scheduled starting time for each class. Excused Absences The following are the lawful excuses for temporary nonattendance of a student at school, provided that satisfactory evidence or a written excuse signed by a parent or guardian is presented to the school by the end of the grading period or within two days of the return to school if absent at the end of a grading period. 1. Personal illness or Injury that prevents the student from being physically able to attend school. 2. Isolation of the student is ordered by the local health officer or by the State Board of Health. 3. Death in the Immediate Family 4. Medical or Dental Appointments 5. Attendance of a student at the proceedings of a court or administrative tribunal if the student is a party to the action or under subpoena as a witness. 6. Observance of an event required or suggested by the religion of the student or his/her parent, guardian, or custodian, upon prior request to the principal. 7. Participation in a valid educational opportunity such as travel, with prior approval of the principal. Touring K-8 schools does not qualify for educational opportunity leave. 8. Pregnancy and related conditions or parenting, when medically necessary. 9. Absences caused by homelessness. 10. Visitation with a parent or legal guardian who is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting. It is the responsibility of the student to request and the responsibility of the school to give, on the first day the student returns to school following an excused absence or an out-of-school suspension, assignment of work to be made up for the period of the student’s absence. The teacher will determine when make-up work is due. Unexcused Absences Any absence that is not coded as lawful will be considered to be an unlawful or unexcused absence. Out-of-School Suspensions Out-of-school suspensions shall not be counted as either lawful or unlawful absences. Suspended students will be allowed to take any nine-week, semester, or End-Of-Grade or End-Of-Course test that may be missed during the period of suspension. Tardiness A student arriving late to school is considered to be tardy. Arriving when less than one-half of the school day remains is considered as a full-day absence. Students who report to school late due to an excused absence will be given a lawful tardy excuse. All other reasons shall be deemed as an unexcused tardy. Appeals Process A student or his/her parent, guardian, or custodian may appeal any denial of course credit or non-promotion due to excessive absences to the attendance committee of the school. The attendance committee shall be comprised of the principal (or designee), a school counselor, and a teacher. The final decision rests with the school principal. New Enrollment
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Any student new to our district whose last public school placement was at an Alternative School Program at the secondary level will be placed at our ACS Alternative Learning Program, for at least one semester.
ATTENDANCE Administrative Procedures 4400P Elementary (Grades K-5) Any student who misses more than eighteen (18) school days may not be eligible for promotion unless the Appeals Process is followed. For pro-longed illness under the care of a physician, the parent, guardian or custodian shall request a waiver from the attendance requirements from the principal or designee. Middle School (Grades 6-8) To obtain credit, a student must be in attendance for a minimum of 162 days. Both lawful and unlawful (see above) absences shall be counted in the determination of the 162 Day Rule. For prolonged illness under the care of a physician, the parent, guardian or custodian shall request a waiver from the attendance requirements from the principal or designee. Students failing to meet attendance requirements in any course required for promotion shall not be promoted. In order to participate in extra-class activities, students shall abide by the attendance requirements as listed in Board Policy Code 3621, School- Sponsored Extra-Class Activities High School (Grades 9-12) Two types of attendance records are kept at the high school level for each student: 1) class attendance and 2) daily attendance. Class attendance is defined as a student’s presence in a class for at least two-thirds of the class period. Daily attendance is defined as the student being present for at least one-half of the school day. The official record of class attendance and daily attendance is generated by the student information management system. To receive credit for a course, a student must not have more than five (5) unexcused class absences per course. Both class attendance and daily attendance are counted when calculating this figure. Only class attendance is counted in order to determine credit for each course. Out-of-school suspensions do not count as absences for class credit. If a student exceeds five (5) unexcused absences, but earns a passing average for the course: (a) a student may earn credit through district summer school or other approved program, or (b) the student may request an appeal through the school attendance office. If a student is absent from a class due to an unlawful absence the student is responsible for the material missed, but no attendance credit will be given. Students who are not in school for at least one-half of the day cannot participate in any activities after school that day/evening. For prolonged illness under the care of a physician, the parent, guardian, or custodian shall request a waiver from the attendance requirements from the principal or designee. In order to participate in extra-class activities, students shall abide by the attendance requirements as listed in Board Policy Code 3621, SchoolSponsored Extra-Class Activities. Consequences: Any of the consequences listed on page 12 may be imposed for violation of these attendance standards up to two days of short-term out-of-school suspension.
Rule 2: Integrity and Civility Board Policy Code 4310 In addition to any standards or rules established by the schools, the following behaviors are specifically prohibited as violations of the standards of integrity and civility: • Cheating, including the actual giving or receiving of any unauthorized assistance or the actual giving or receiving of an unfair advantage on any form of academic work; • Plagiarizing, including the copying of the language, idea and/or thought of another and representing it as one’s own original work; • Violating copyright laws, including unauthorized reproduction, duplication and/or use of printed or electronic work, computer software, or other copyrighted materials; • Cursing or using vulgar, abusive or demeaning language towards another person; and
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• Playing abusive or dangerous tricks or otherwise subjecting a student or personnel to personal indignity Consequences: Any of the consequences listed on page 12 may be imposed for violation of these standards up to short-term out-of-school suspension for repeated or serious violations.
Rule 3: Disruptive Behavior/Dress Code Board Policy Codes 4315/4316 Students are prohibited from disrupting teaching, the orderly conduct of school activities, or any other lawful function of the school or school district. The following conduct is illustrative of disruptive behavior and is prohibited: • Repeated violations of local school or classroom rules; • Intentional verbal or physical acts which result or have the potential to result in blocking access to school functions or facilities or preventing the convening or continuation of school-related functions; • Possessing or distributing literature or illustrations which significantly disrupt the educational process or which are obscene or unlawful; • Engaging in behavior which is immoral, indecent, lewd, disreputable or of an overly sexual nature in the school setting; • Failing to observe established safety rules, standards and regulations, including on the bus and in hallways; and • Interfering with the operation of school buses, including delaying the bus schedule, getting off at an unauthorized stop, and willfully trespassing upon a school bus. • Appearance or clothing which 1) violates a reasonable dress code as set out below or otherwise adopted and publicized by the school, or 2) is substantially disruptive or 3) is provocative or obscene; or (4) endangers the health or safety of the student or others; The following specific items are not permitted during official school hours (Elementary 8:00 AM – 2:30 PM; Alternative, Middle and High 8:30 AM - 3:30 PM): • Sunglasses worn inside a school building; • Hats, caps, hoods, hoodies, sweatbands, do-rags, scarves, bandannas, or other head wear worn inside a school building; • Shorts and skirts shorter than mid-thigh; • Straps on tops less than two inches wide and tops must be long enough to cover midriff; • Any article of clothing that is physically revealing, exposing or provocative; • Clothing that displays inappropriate pictures, words, or phrases; and • Anything identified by law enforcement or school administration as gang related The school administration determines the appropriateness of dress when necessary. Additional dress code standards may be mandated in the future by the school system. This dress code shall apply to all students, at all times, in all school buildings or other school property including school grounds and school vehicles during the regular school day, on field trips, and when students represent the school. This policy does not apply to schoolsanctioned uniforms and costumes approved by the principal for athletic, choral, or dramatic performances. PERSONAL ELECTRONIC DEVICES (Board Policy Code 4318): As permitted by staff for instruction, students may use personal electronic devices while in any school building or on any school premises before, during or after school hours; while on any bus or other vehicle as part of any school activity; and during any school-sponsored activity or extracurricular activity. The student must comply with teacher, staff and administrator directives pertaining to the device, including using the device in class, showing the screen to the staff member, using headphones or earbuds, and turning the device off. Failure to comply with staff directives regarding personal electronic devices will result in the consequences below and/or consequences outlined in the individual schools’ student/parent handbook. Consequences: Any of the consequences listed on page 12 may be imposed for violation of these standards up to short-term out-of-school suspension for repeated or serious violations.
Rule 4: Tobacco Free Schools - Students Board Policy Code 4320 In support of the Board’s commitments and state and federal law, students are prohibited from using or possessing any tobacco product, electronic cigarette, or tobacco paraphernalia such as lighters or matches, unless it has a legitimate instructional or teaching purpose (1) in any school building, school vehicle or on the school grounds at any time; (2) at any school-related activity, including athletic events; or (3) at any time when the student is subject to the supervision of school personnel, including school trips. Consequences:
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Any of the consequences listed on page 12 may be imposed for violation of these standards up to short-term out-of-school suspension for repeated or serious violations.
Rule 5: Drugs and Alcohol Board Policy Code 4325 Students are prohibited from possessing, using, transmitting, selling or being under the influence of any of the following substances: • Narcotic drugs; • Hallucinogenic drugs; • Amphetamines; • Barbiturates; • Marijuana or any other controlled substance; • Synthetic stimulants, such as MDPV and mephedrone (e.g., “bath salts”), and synthetic cannabinoids (e.g., “Sike,” “K2”); • Any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor; or • Any chemicals or products procured or used with the intention of bringing about a state of exhilaration or euphoria or otherwise altering the student’s mood or behavior. Students also are prohibited from possessing, using, transmitting or selling drug paraphernalia or counterfeit (fake) drugs. Students may not participate in any way in the selling or transmitting of prohibited substances, regardless of whether the sale or transmission ultimately occurs on school property. Possession or use of prescription and over-the-counter drugs is not a violation of this policy if such drugs are possessed and used in accordance with Board policy 6125, Administering Medicines to Students. The principal may authorize other lawful uses of substances that are otherwise prohibited by this policy, such as for approved school projects. Consequences: As required by board policy 4335, Criminal Behavior, the principal must report to the appropriate law enforcement agency any student who has used or possessed prohibited substances in violation of this policy. In addition, any of the consequences listed on page 12 may be imposed for violation of these rules up to long-term out-of-school suspension or expulsion. In addition, in conjunction with a behavior improvement contract or school counseling session, the student may be referred to a substance abuse treatment program for a voluntary screening assessment and/or treatment.
Rule 6: Theft Board Policy Code 4330 Students are prohibited from stealing or attempting to steal school or private property, and/or from knowingly being in possession of stolen property. Consequences: Any of the consequences listed on page 12 may be imposed for violation of this rule up to long-term out-of-school suspension or expulsion.
Rule 7: Damage to Property Board Policy Code 4330 Students are prohibited from damaging or attempting to damage any school property or private property at any time when Board policies are applicable as defined in Board Policy 4300, Student Behavior Policies. Consequences: Any of the consequences listed on page 12 may be imposed for violation of these rules up to long-term out-of-school suspension or expulsion.
Rule 8: Trespass Board Policy Code 4330 Students are prohibited from trespassing on school property. A student will be considered a trespasser and may be criminally prosecuted in any of the following circumstances: • The student is on the campus of a school to which he/she is not assigned during the school day without the knowledge and consent of the officials of the school the student is visiting; • The student is loitering at any school after the close of the school day without specific need or supervision; or • The student has been suspended from school but appears on the property of any school during the suspension period without the express permission of the principal. Consequences:
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Any of the consequences listed on page 12 may be imposed for violation of this rule up to long-term out-of-school suspension or expulsion. NOTE: Under NC G.S. §14-159.13, If a student or other person enters or remains in a school building or on school property without authorization after he/she has been notified not to enter or remain there by an administrator or other person in charge of the premises he/she can be charged with Second Degree Trespass. This includes instances when an administrator, a teacher or other adult in a supervisory position requests that a student leave a particular classroom or area of the building. The student shall comply with this directive or risk being charged with Trespass.
Rule 9: Assaults/Injuries Board Policy Code 4331 Students are prohibited from assaulting, physically injuring, attempting to injure or intentionally behaving in such a way that could reasonably cause injury to any other person. Assault includes engaging in a fight. No student shall intentionally hit, shove, scratch, bite, block the passage of, or throw objects at another student or any other person. No student shall take any action or make any comments or written messages intended to cause others to fight or which might reasonably be expected to result in a fight. A student who is attacked may use reasonable force in self-defense but only to the extent to free himself or herself from the attack and notify proper school personnel. A student who exceeds this reasonable force may be disciplined even though he/she may not have provoked the fight. Refer to board policy 4331 for more information. Consequences: Any of the consequences listed on page 12 may be imposed for violation of these standards up to long-term out-of-school suspension or expulsion.
Rule 10: Threats Board Policy Code 4331 Students are prohibited from directing toward any other person any language that threatens force, violence or disruption, or any sign, act or communication which constitutes a threat of force, violence or disruption. Consequences: Any of the consequences listed on page 12 may be imposed for violation of this rule up to long-term out-of-school suspension or expulsion.
Rule 11: Hazing Board Policy Code 4331 Students are prohibited from participating in any acts which may be considered hazing. GS14-35 states that it is unlawful for any student in attendance at any university, college, or school in this State to engage in hazing, or to aid or abet any student in the commission of this offense. For the purpose of this section hazing is defined as follows: “to subject another student to physical injury as part of an initiation, or as a prerequisite to membership into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group.” Consequences: Any violation of this section is a Class 2 misdemeanor. Additionally, any of the consequences listed on page 12 may be imposed for violation of these standards up to long-term out-of-school suspension.
Rule 12: Bullying and Harassment Board Policy Codes 1710 and 4331 Students, school system employees, volunteers and visitors are expected to behave in a civil and respectful manner. Pursuant to Policy 1710 and 4331, the Board expressly prohibits harassment and bullying. Bullying or harassing behavior is any pattern of gestures or written, electronic, or verbal communications, or any physical act or threatening communication, that takes place on school property, at any school-sponsored function, on a school bus or at a bus stop, or at any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools and that (1) places a student or school employee in actual and reasonable fear of harm to his/her person or damage to his/her property, or (2) creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits. Bullying or harassing behavior includes, but is not limited to, behavior described above that is reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by an individual’s association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability. Employees are required to report any actual or suspected violations of this policy. Students, parents, volunteers, visitors and others are strongly encouraged to report any actual or suspected incidents of bullying and harassment. Bullying and Harassment are further defined in Policy 1710, Prohibition Against Discrimination, Harassment and Bullying.
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Consequences: Complaints of bullying and harassment will be investigated pursuant to School Board Policy 1720, Discrimination, Harassment and Bullying Complaint Procedure. Incidents that do not rise to the level of harassment may violate School Board Policy 4310, Integrity and Civility, which establishes an expectation that students will demonstrate civility and integrity in their interactions with others. Based on the nature and severity of the offense and the circumstances surrounding the incident, any of the consequences listed on page 12 may be imposed up to long-term out-of-school suspension or expulsion.
Rule 13: Discrimination Board Policy Code 1710 Pursuant to Policy 1710, the Board expressly prohibits unlawful discrimination. Discrimination means any act or failure to act that reasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex, pregnancy, religion, age or disability. Discrimination may be intentional or unintentional. Employees are required to report any actual or suspected violations of this policy. Students, parents, volunteers, visitors and others are strongly encouraged to report any actual or suspected incidents of discrimination. Discrimination is further defined in Policy 1710, Prohibition Against Discrimination, Harassment and Bullying. Consequences: Based on the nature and severity of the offense and the circumstances surrounding the incident, any of the consequences listed on page 12 may be imposed up to long-term out-of-school suspension or expulsion.
Rule 14: Weapons and Weapon-Like Items Board Policy Code 4333 Students are prohibited from possessing, carrying, handling, using or attempting to use, or transmitting, whether concealed or open, any weapon, or any instrument that reasonably looks like a weapon or could be used as a weapon on school property or to a school-sponsored curricular or extra- curricular activity. Weapons include, but are not limited to the following: • Loaded and unloaded firearms; • Destructive devices; • Knife, including a pocket knife, bowie knife, switchblade, stiletto, dirk, dagger, or ice pick • Slingshot or slungshot; • Leaded cane; • Blackjack; • Metal knuckles; • BB gun; air rifle or air pistol; • Stun gun or other electric shock weapon such as tasers; • Razor or razor blades (except solely for personal shaving); • Fireworks; and • Any sharp pointed or edged instrument except unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance. Firearms include but are not limited to the following: • Gun • Rifle • Pistol • Other weapon used for firing a projectile by means of an explosive Destructive devices include but are not limited to the following: • Dynamite cartridge • Bomb • Grenade • Mine No student may knowingly or willfully cause, encourage or aid any other student to possess, carry, handle or use any of the weapons or weapon-like items listed above. A student who finds a weapon or weapon-like item, who witnesses another student or person with such items, or becomes aware that another student or other person intends to possess, carry, handle or use such items, must notify a teacher or the principal immediately.
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This section does not apply to pupils who are members of the Reserve Officer Training Corps and who are required to carry arms or weapons in the discharge of their official class duties; nor does this section apply to weapons used in school-approved instruction ceremonies. Consequences: A. General Consequences: Based on the nature and severity of the offense and the circumstances surrounding the incident, any of the consequences listed on page 12 may be imposed for a violation of this policy up to long-term out-of-school suspension or expulsion. B. Consequences for Firearms/Destructive Device Violations: As required by law, a student who brings or possesses a firearm or destructive device on school property or at a school-sponsored event will be suspended for 365 days, unless the Superintendent modifies, in writing, the required 365-day suspension for an individual student on a case-by-case basis. The Superintendent shall not impose a 365-day suspension if he or she determines that the student (1) took or received the firearm or destructive device from another person at school or found the firearm or destructive device at school, (2) delivered or reported the firearm or destructive device as soon as practicable to a law enforcement officer or school personnel and (3) had no intent to use the firearm or destructive device in a harmful or threatening way. For purposes of this Rule, a firearm is (1) a weapon, including a start gun that will, is designed to or may readily be converted to expel a projectile by the action of an explosive, (2) the frame or receiver of any such weapon or (3) any firearm muffler or firearm silencer. A firearm does not include an inoperable antique firearm, a BB gun, a stun gun, an air rifle or an air pistol. For purposes of this Rule, a destructive device is an explosive, incendiary or poison gas (1) bomb, (2) grenade, (3) rocket having a propellant charge of more than four ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine or (6) similar device.
Rule 15: Bomb Threats and Hoaxes Board Policy Code 4333 Students are prohibited from making, aiding and/or abetting in making a bomb threat or perpetrating a bomb hoax against school district property by making a false report that a device designed to cause damage or destruction by explosion, blasting or burning is located on school property. No student may knowingly or willfully cause, encourage or aid another student to make a bomb threat or perpetuate a bomb hoax. Any student who becomes aware that another student or person intends to use a bomb, make a bomb threat, or perpetuate a bomb hoax must notify a teacher or the principal immediately. Consequences: Any of the consequences listed on page 12 may be imposed for violation of this policy up to long-term out-of-school suspension or expulsion.
Rule 16: Terrorist Threats and Hoaxes Board Policy Code 4333 Students are prohibited from making, aiding , conspiring and/or abetting in making, a terrorist threat or perpetrating a terrorist hoax against school district property by making a false report that a device, substance or material designed to cause harmful or life-threatening injury to another person is located on school property. No student may knowingly or willfully cause, encourage or aid another student to make a terrorist threat or perpetrate a terrorist hoax. Any student who becomes aware that another student or other person intends to use a device, substance or material designed to cause harmful or life-threatening illness or injury to another person, make a terrorist threat or perpetrate a terrorist hoax must notify a teacher or the principal immediately. Consequences: Any of the consequences listed on page 12 may be imposed for violation of this policy up to long-term out-of-school suspension or expulsion.
Rule 17: Threats to Safety of Students and Employees Board Policy Code 4333 Students are prohibited from engaging in behavior that constitutes a clear threat to the safety of other students or employees. Behavior constituting a clear threat to the safety of others includes, but is not limited to: • Theft or attempted theft by a student from another person by using, or threatening to use a weapon; • The intentional and malicious burning of any structure or personal property, including vehicles; • An attack, or threatened attack, by a student against another person wherein the student uses a weapon or displays it in a manner found threatening to that person; • An attack by a student on any employee, adult volunteer, or another student which does not result in serious injury but which is intended to cause or reasonably could cause serious injury; • An attack by a student upon another person whereby the victim suffers obvious severe or aggravated bodily injury such as broken bones, loss of teeth, possible internal injuries, laceration requiring stitches, loss of consciousness, significant bruising or pain, or the victim requires hospitalization or
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treatment at a hospital emergency room as a result of the attack; • Any intentional, highly reckless or negligent act that results in the death of another person; • Confining, restraining, or removing another person from one place to another without the victim’s consent, or the consent of the victim’s parents, for the purpose of committing a felony, or the purpose of holding the victim as a hostage or for ransom or for use as a shield; • Possession of a weapon on any school property, including in vehicles, with the intent to use or transmit for another’s use or possession in a reckless manner so that harm is reasonably foreseeable; • The taking or attempting to take anything of value from the care, custody, or control of another person or persons by force, threat of force, or violence or by putting the victim in fear; • Any unauthorized and unwanted intentional touching, or attempt to touch, by one person of the sex organ of another, including the breasts of the female and the genital areas of the male and female; • The possession, manufacture, sale or delivery, or any attempted sale or delivery, of a controlled substance in violation of Chapter 90 of the NC General Statutes; • Any behavior resulting in a felony conviction on a weapons, drug, assault or other charge that implicates the safety of other persons; and • Any other behavior that demonstrates a clear threat to the safety of others in the school environment. Consequences: Any of the consequences listed on page 12 may be imposed for violation of this policy up to long-term out-of-school suspension or expulsion.
Rule 18: Criminal Behavior Board Policy Code 4335 Criminal or other illegal behavior is prohibited. Any student who the principal reasonably believes to have engaged in criminal behavior on the school premises or at school activities will be subject to appropriate disciplinary action as stated in applicable Board Policies and in this Code of Student Conduct and may be criminally prosecuted as well. The principal must report immediately to law enforcement officers and the Superintendent the following acts when the principal has personal knowledge, a reasonable belief, or actual notice that any of the following acts have occurred on school property: • Assault resulting in serious injury; • Sexual assault; • Sexual offense; • Rape; • Kidnapping; • Indecent liberties with a minor; • Assault involving use of a weapon; • Possession of a firearm in violation of the law; • Possession of a weapon in violation of the law; • Use, selling, or possession of a controlled substance or alcohol in violation of the law; • Bomb threat; • Burning a school building; • Distribution of a prescription drug;
Rule 19: Bus Conduct Board Policy Code 6305/ Administrative Procedure 6305-P A safe and orderly environment is critical whenever transporting students. All Board Policies on student behavior as well as rules listed in this Student Code of Conduct apply while riding, boarding or leaving the bus, and while at any designated bus stop. It is the responsibility of the student to 1) learn and follow the rules and regulations of bus and bus stop behavior; 2) take responsibility for his/her actions and behavior; and 3) ride the assigned bus. Assignments are made only by the Transportation Department and only those students assigned to a bus are permitted to ride a school bus. Parents/Guardians/ Custodians have the responsibility to 1) encourage their child to learn and follow the rules and regulations of bus and bus stop behavior; 2) know the bus and bus stop rules and regulations; and 3) assume the responsibility for monitoring the bus stop behavior and notify the police and the school if assistance is needed. Bus discipline is the responsibility of the driver and the school administrator in conjunction with the Transportation Department. If you have concerns in this area, direct your questions to the school administrator. Due to safety concerns and state insurance regulations, parents shall not board the school bus without authorization. Students shall at all times obey the school bus driver and transportation safety assistant. Failure to do so may result in losing the privilege of riding the bus. The following is the ACS Bus Rules and Regulations Contract. You will receive a copy from the school to sign and return.
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ANNUAL PUBLIC NOTICES I. STUDENT RECORDS: Family Education Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act (FERPA), a federal law, gives parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are: A. The right to inspect and review your child’s education records within 45 days of the day the School receives a request for access. You should submit to the School principal a written request that identifies the record(s) you wish to inspect. The principal will make arrangements for access and notify you of the time and place where the records may be inspected. B. The right to request the amendment of your child’s education records that you believe are inaccurate or misleading. You should write the School principal, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading. If the School decides not to amend the record as requested, the School will notify you of the decision and advise you of your right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when you are notified of the right to a hearing. C. The right to consent to disclosures of personally identifiable information contained in your child’s education records. FERPA requires that the School obtain your written consent prior to the disclosure of any such information with certain exceptions. By law, we are required to give you specific notice of the following three exceptions: 1. The school district may disclose your student’s personally identifiable information to a school official who needs to review an education record in order to fulfill his or her professional responsibility to the school district. A school official is (i) a person employed by the School District as an administrator, supervisor, teacher, counselor, or support staff member (including health or medical staff & law enforcement unit personnel); (ii) a person serving on the School Board; (iii) a person or company to whom the school district has outsourced institutional services or functions that would otherwise be performed by employees (such as an attorney, auditor, contractor, volunteer, consultant, medical personnel, therapist or evaluator); or (iv) a parent, student or other volunteer serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. 2. The school district may disclose your student’s education records, including disciplinary records of long-term suspension or expulsion, upon request, to officials of other school districts in which a student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. 3. The school district may disclose your student’s “directory information”, unless the parent/guardian has advised the School to the contrary. The School District has designated the following information as directory information: • Student’s name • Electronic mail address • Telephone listing • Grade level • Date and place of birth
• Address • Photograph • Major field of study • Dates of attendance • Enrollment status
• Most recent educational agency or institution attended • Participation in officially recognized activities and sports • Degrees, honors, and awards received • Weight and height of members of athletic teams • Other information not generally considered harmful or an invasion of privacy if disclosed
The primary purpose of directory information is to allow the School to include this type of information from the student’s education records in certain school and external publications. Examples include but are not limited to: • Electronic media including web pages, newspaper and television productions; • Production programs showing your student’s role in a drama production; • School yearbook/annual; • Honor rolls or other recognition lists; • Graduation program; • Sports programs showing the student’s name, position played, height and weight. Directory information may also be disclosed to outside organizations without your prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, under federal law we are required to provide military recruiters and institutions of higher education, upon their request, with the names, addresses and telephone numbers of high school students, unless the student or parent has advised the School that they do not want such information disclosed without their prior written consent. If you do not want the School to disclose some or all of the directory information described above from your child’s education records to all or certain recipients without your prior written consent, the School District must be notified in writing within 14 school days of the beginning of the school year or within 14 school days of your enrolling in the School District. For your convenience, a form that can be used for this purpose is provided at the end of this handbook (page 37).
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D. The right to file a complaint with the U.S. Department of Education concerning alleged failures of the School District to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office • U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901 II. STUDENT SURVEYS, COLLECTION OF INFORMATION, PHYSICAL EXAMS: Protection of Pupil Rights Amendment (PPRA) PPRA affords parents certain rights regarding the School District’s conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to: A. Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the US Department of Education (ED): 1. Political affiliations or beliefs of the student or student’s parent; 2. Mental or psychological problems of the student or student’s family; 3. Sex behavior or attitudes; 4. Illegal, anti-social, self-incriminating, or demeaning behavior; 5. Critical appraisals of others with whom respondents have close family relationships; 6. Legally recognized privileged relationships, such as lawyers, doctors, or ministers; 7. Religious practices, affiliations, or beliefs of the student or parents; or 8. Income, other than as required by law to determine program eligibility. B. Receive notice and an opportunity to opt a student out of: 1 .Any other protected information survey, regardless of funding; 2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and 3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others. C. Inspect, upon request and before administration or use: 1. Protected information surveys of students; 2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and 3. Instructional material used as part of the educational curriculum. These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law. The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act, as amended. The School District has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The School District will directly notify you of these policies at least annually at the start of each school year and after any substantive changes. The School District will also directly notify parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation in the specific activity or survey. The School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
Collection, disclosure, or use of personal information for marketing, sales or other distribution. Administration of any protected information survey not funded in whole or in part by ED. Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with: Family Policy Compliance Office • U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5901 III. NON-DISCRIMINATION: Title VI of the Civil Rights Act of 1964; TITLE IX of the Education Amendments of 1972; The Rehabilitation Act of 1973 (Section 504); The Americans With Disabilities Act of 1990 (ADA) and The Age Discrimination in Employment Act of 1967 Asheville City Schools does not discriminate on the basis of race, color, creed, national origin, sex, handicap or age regarding participation in or receiving the benefits of any of its programs or activities.
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Board of Education Procedure 1730-P specifically lists the complaint procedures for 504, and Board of Education Policy 1740 explains the procedure for student and parent grievance. All Board of Education Policies and Procedures can be found at http://www.ashevillecityschools.net/pages/Asheville_City_Schools/Policy_Manual . For inquiries or complaints or to request a copy of the School District’s complaint procedures, please contact: Dr. Terrence McAllister Assistant Superintendent Asheville City Schools 85 Mountain Street Asheville, NC 28801 (828) 350-6160 IV. STUDENTS WITH DISABILITES: Pursuant to the Individuals with Disabilities Education Act (IDEA) and the 2013 North Carolina Department of Instruction Policies Governing Services for Children with Disabilities, Asheville City Schools must adhere to the following policies and regulations: A. NC 1501-2.9 Child Find All children with disabilities three through 21 residing in the school district, including children who are homeless children or are wards of the State, regardless of the severity of their disabilities, and who are in need of special education and related services, must be identified, located, and evaluated. B. NC 1500-2.13 Free Appropriate Public Education A free appropriate public education must be available to all children suspected or identified with having a disability residing within the confines of the local educational agency. A free appropriate public education or FAPE means special education and related services that-(a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of IDEA; (c) Include an appropriate preschool, elementary school, or secondary school education; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of NC 1503-4 and NC 1503-5.1. C. Child with a disability means a child evaluated in accordance with NC 1503-2 through NC 1503-3 as having autism, deaf-blindness, deafness, developmental delay (applicable only to children ages three through seven), hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, serious emotional disability, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment (including blindness), and who, by reason of the disability, needs special education. If it is determined, through an appropriate evaluation under NC 1503-2 through NC 1503-3 that a child has one of the identified impairments, but only needs a related service and not special education, then the child is not a child with a disability under IDEA unless the only service required by the child is speech or language services. D. Least Restrictive Environment (LRE) To the maximum extent appropriate, children with disabilities must be educated with children who are nondisabled and the removal of children with disabilities from the regular educational environment should occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. A child with a disability should not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the education curriculum. (Authority: 20 U.S.C. 1412(a) (5); 34 CFR 300.116) E. NC 1504-2 Discipline Procedures / NC 1504-2.1 Authority of School Personnel Case-by-case determination: school personnel may consider any unique circumstances on a case by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct. Circumstances considered should include area of disability, functioning level of the child, intent of the behavior, and other relevant factors. School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under NC 1504-2.7 and actions are in accordance with the Policies Governing Services for Children with Disabilities, NC 1504-Procedural Safeguards, pages 102-108). F. NC 1504 Procedural Safeguards A copy of the procedural safeguards must be given to the parents only one time a year, except upon initial referral, parent request for evaluation, or upon request by the parent.
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Prior Notice (DEC 5) shall be used at all Individual Education Program (IEP) meeting proposals to initiate or change the identification, evaluation, educational placement, and/or services within the IEP. For inquiries, requests for special assistance or concerns regarding the provision of educational services under IDEA (Individuals with Disabilities Improvement Act) and the 2013 Amendment to the North Carolina Department of Instruction Policies Governing Services for Children with Disabilities please contact: Laurie Mc Danel Asheville City Schools Director for Exceptional Children 85 Mountain Street Asheville, NC 28801 Phone: (828) 350-6177 V. HOMELESS STUDENTS: McKinney-Vento Homeless Assistance Act For information concerning the educational rights of homeless students, please review Board Policy 4125 and/or contact: Dr. Terrence McAllister Assistant Superintendent Asheville City Schools 85 Mountain Street Asheville, NC 28801 Phone: (828)350-6150 VI. INFLUENZA/ MENINGITIS/HPV VACCINES: N.C.G.S. § 115C-375.4/115C-47(51) With the passage of N.C.G.S 115C-375.4, the School District must provide families with information on Influenza and Meningococcal diseases and the vaccines that are available to prevent each. Influenza (“flu”) is caused by a virus that spreads from infected persons to the nose or throat of others. Influenza can cause fever, sore throat, chills, coughs, headache and muscle aches. Anyone can get influenza. Most people are ill with the flu for only a few days, but some get much sicker and may need to be hospitalized. Influenza causes an average of 36,000 deaths each year in the U.S., mostly among the elderly. Influenza vaccine is available in two types. Inactivated (killed) flu vaccine, given as a shot, has been used in the U.S. for many years. A live, weakened vaccine, Flu Mist, was licensed in 2003. It is sprayed into the nostrils. It is available for persons aged 5-49 years of age. Influenza viruses change often. Therefore, influenza vaccine is updated every year. Protection develops in about 2 weeks after getting the shot and may last up to a year. The best time to get the vaccine is in October or November. Contact your local health department or physician for more details on cost and timing. Meningococcal disease is a serious illness, caused by bacteria. It is the leading cause of bacterial meningitis in children 2 – 18 years old in the United States. Meningitis is an infection of the brain and spinal cord coverings. Meningococcal disease can also cause blood infections. About 2,600 people get the meningococcal disease each year in the U.S. Ten to fifteen percent of these people die, in spite of treatment with antibiotics. Of those who live another 10% have chronic complications. It is most common in infants less than one year of age, international travelers, and people with certain medical conditions. College freshmen, particularly those who live in dormitories, have a slightly increased risk of getting meningococcal disease. North Carolina General Statute § 115C-47(51) requires schools to provide information concerning cervical cancer, cervical dysplasia and human papillomavirus and the vaccines available to prevent these diseases. Learn more about these vaccines by consulting with your family doctor or school nurse or contacting the Buncombe County Health Department at http://www.buncombecounty.org/governing/depts/health/ , or 828-250-5214, or contacting the Centers for Disease Control and Prevention (CDC) at 1-800-232-2522 (English) or 1-800-232-0233 (Spanish) or by visiting http://cdc.gov/vaccines/ . VII. NORTH CAROLINA SAFE SURRENDER LAW Pursuant to N.C.G.S. § 7B-500(b) and 115C-47(52), a female may legally surrender her newborn baby to a responsible adult without fear of criminal prosecution. While any responsible adult may receive a newborn, Social Service Workers, School Nurses, counselors and law enforcement agents are examples of responsible adults who are familiar with this law. More information can be found at www.safesurrender.net, or School Board Policy 3610. Those individuals without internet access can contact a school nurse or social worker.
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VIII. STUDENT AND PARENT COMPLAINT AND GRIEVANCE PROCEDURES For information concerning student and parent complaint and grievance procedures, see Board Policies 1720, 1730-P, 1740, 1742, and 1760. IX. EQUAL ACCESS TO FACILITIES The school system provides equal access to its facilities. For more information about accessing school facilities, see Board Policies 1730, 5030, and 5030-P. X. INFORMATION REGARDING ADVANCED COURSES Pursuant to N.C.G.S. § 115C-83.4A(d), schools must provide information to students and parents on available opportunities and the enrollment process for students to take advanced courses. This information will be available at the schools’ websites, accessible through http://www.ashevillecityschools.net/pages/Asheville_City_Schools/Schools . XI. ASBESTOS HAZARD EMERGENCY RESPONSE ACT This notice is provided to you with information regarding the Asbestos Hazard Emergency Response Act (AHERA) Management Plan for Asheville City Schools. AHERA is a provision of the Toxic Substance Control Act and was passed by Congress in 1986. It requires schools to “ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic re-inspection and surveillance activities that are planned or in progress 40 C.F.R. Part 763.84(C) as well as the availability of the AHERA Management Plan for public review (§763.84(c)). The AHERA Management Plan contains documents of the initial AHERA inspection, 6-month periodic Surveillances, Triennial re-inspections, employee training and Operation and Maintenance Procedures. If you have any questions regarding the AHERA Management Plan for this school district, you can contact Don Sims at 828-350-2991. XII. USE OF PESTICIDES: N.C.G.S. § 115C-47(47) Pursuant to N.C.G.S § 115C-47(47), the School District must provide notification regarding pesticide use on school property. For more information, please consult Board Policy 9205 and/or contact your school principal. XIII. PARENTAL INFORMATION FOR TITLE I SCHOOLS All elementary schools in this District receive federal funding through Title I. These funds are used to provide supplemental instruction to students who are in need of assistance in the area of reading, and, on occasion, in the area of mathematics. Our goal is to provide early intervention to struggling learners. Federal guidelines require that school districts provide a process by which parents my request the qualifications of their child’s teacher, ensuring that the teacher meets Highly Qualified standards. As a parent of a student in a Title I school, you have the right to know the following information: 1. Whether the teacher has met state qualifications for the grade levels and subject areas in which the teacher provides instruction; 2. Whether the teacher is teaching under emergency or other provisional status through which state qualifications have been waived; 3. The baccalaureate degree major of the teacher and any graduate certification or degree held by the teacher, and the field of discipline of the certification or degree; 4. Whether the child is provided services by paraprofessionals and, if so, their qualifications. To request this information, please contact Jeanne Tyner,Title I Coordinator , at 828-350-6118. XIV. USE OF SECLUSION/RESTRAINT/ISOLATION/REASONABLE FORCE Asheville City Schools has adopted School Board Policies 4301, Authority of School Personnel/Use of Reasonable Force, and 4302, School Plan for Management of Student Behavior and Administrative Procedure 4302-P, Rules for Use of Seclusion, Restraint and Isolation in Schools as required by North Carolina General Statute 115C-391.1. Procedure 4302-P, as well as statute 115C-391.1, are set out below verbatim for your information.
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Asheville City Board of Education Policy 4301, Authority of School Personnel/Use of Reasonable Force The Asheville City Board of Education believes that ensuring safety for students and staff is essential. The principal has the authority and responsibility to investigate and take appropriate action regarding any prohibited or criminal student behavior and any other behavior appropriately referred to him/her. The principal is responsible for informing students and parents of any standards or rules that, if violated, could result in short-term or long-term suspension or expulsion. The teacher has the authority and responsibility to manage student behavior in the classroom and when students are under his/her supervision. The teacher is expected to implement the student behavior management plan and any other school standards or rules. The teacher may develop other standards or rules consistent with the direction provided by the Board, Superintendent and school principal. Asheville City Board of Education supports efforts that ensure safety for students and staff. The Board supports appropriate instructional practices and maintenance of an effective instructional environment. Securing order in the school environment sometimes requires that students be subject to greater control than those appropriate for adults. Asheville City School personnel (including substitute teachers, voluntary teachers, and student teachers) may use reasonable force in exercising their lawful authority to restrain or correct students and maintain order in the following situations when necessary: 1. to correct students; 2. to quell a disturbance threatening injury to others; 3. to obtain possession of weapons or other dangerous objects on their person, or within the control, of a student; 4. for self-defense; 5. for the protection of persons or property; or 6. to maintain order on school property, in the classroom, or at a school related activity on or off school property. Students must comply with all directions of principals, teachers, substitute teachers, student teachers, teacher assistants, bus drivers and all other school personnel who are authorized to give such directions, during any period of time when they are subject to the authority of such personnel. Asheville City Board of Education Procedure 4302-P, Rules for Use of Seclusion/Restraint/Isolation in Schools A. Physical Restraint Physical restraint is defined as the use of physical force to restrict the free movement of all or a portion of a student’s body. Physical restraint of students by school personnel shall be allowed as a reasonable use of force under the following circumstances in accordance with North Carolina General Statute § 115C-391.1: 1. as reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person; 2. as reasonably needed to maintain order or prevent or break up a fight; 3. as reasonably needed for self-defense; 4. as reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present; 5. to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior; 6. as reasonably needed to escort a student safely from one area to another; (Students should only be physically escorted when it is deemed safe or if the current setting conditions pose hazards for the student or staff.” Escorts should only be conducted in accordance with training procedures adopted by the district.) 7. if used as provided for in a student’s IEP or Section 504 plan or Behavior Intervention Plan as a brief intervention strategy to assist the student in regaining self-control, except that physical restraint in the prone position shall never be used as an intervention strategy; or 8. as reasonably needed to prevent imminent destruction to school or another person’s property. Physical restraint shall not be considered a reasonable use of force if used solely as a disciplinary consequence. B. Mechanical Restraint Mechanical restraint is defined as the use of any device or material attached or adjacent to a student’s body that restricts freedom of movement or normal access to any portion of the student’s body and that the student cannot easily remove. Mechanical restraint by school personnel shall be allowed as a reasonable use of force only in the following circumstances: 1. when properly used as an assistive technology device included in the student’s IEP or as otherwise prescribed for the student by a medical or related services provider as an assistive technology device, except that mechanical restraint in the prone position shall never be used as an intervention strategy; 2. when using seat belts or other safety restraints to secure student during transportation; 3. as reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person; 4. as reasonably needed for self-defense; or 5. as reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present. C. Seclusion Seclusion is defined as the confinement of a student alone in an enclosed space from which the student is: a) physically prevented from leaving by locking hardware or other means, or b) not capable of leaving due to physical or intellectual capacity.
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Seclusion of students by school personnel may be used in the following circumstances: 1. as reasonably needed to respond to a person in control of a weapon or other dangerous object; 2. as reasonably needed to maintain order or prevent or break up a fight; 3. as reasonably needed for self-defense; 4. as reasonably needed when a student’s behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person’s property; or 5. when used as specified in the student’s IEP, Section 504 or behavior intervention plan; and a. the student is constantly monitored by an adult in close proximity who is able to see and hear the student at all times; b. the student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student’s IEP, 504, or behavior intervention plan; c .the confining space has been approved for such use by the Principal in consultation with the Director of Exceptional Children; d. the space is appropriately lighted, ventilated and heated or cooled; and e. the space is free of objects that unreasonably expose the student or others to harm. [G.S. § ll5C-39l.1(e)(l)] Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary consequence. Nothing in the district’s policies or procedures prevents the use of physical or mechanical restraint or seclusion by School Resource Officers or other sworn law enforcement officers in the lawful exercise of their law enforcement duties. D. Isolation Isolation is defined as a behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving. Isolation is permitted as a behavior management technique by school personnel provided that: 1. the space used for isolation is appropriately lighted, ventilated, and heated or cooled; 2. the duration of the isolation is reasonable in light of the purpose of the isolation; 3. the student is reasonably monitored while in isolation; and 4. the isolation space is free of objects that unreasonably expose the student or others to harm. [G.S. § ll5C-39l.1(f)] E. Aversive Procedures Aversive procedures are defined as the systematic physical or sensory intervention for modifying behavior of a student with a disability that causes or reasonably may be expected to cause significant physical harm; serious, foreseeable long-term psychological impairment; or obvious repulsion to observers of the intervention due to procedures which do not follow acceptable, standard practice. Asheville City Schools prohibits the use of any aversive procedures as defined above by its employees, volunteers, or personnel permitted in schools in accordance with interagency agreements. [G.S. § ll5C-391.l (b) (2)] F. Notice, Reporting, and Documentation Asheville City Schools personnel shall follow the following notification procedures when physical restraint or seclusion is implemented. All employees and parents/guardians shall be provided a copy of this policy and G.S. § 115C-39l.l at the beginning of each school year. School personnel shall promptly notify the Principal or designee of any use of aversive procedures, any use of physical restraint resulting in observable physical injury to a student, any prohibited use of mechanical restraint, or any prohibited use of seclusion or seclusion lasting more than 10 minutes or the time specified on a student’s Behavior Intervention Plan. When a principal or designee has personal knowledge or actual notice of these incidents, he/she shall promptly notify the parent/guardian and provide the name of a school employee he/she can contact regarding the incident. Prompt notification means by the end of the workday during which the incident occurred, but in no event later than the end of the following workday. In addition, the parent/guardian of the student shall be provided with a written report of any incident described above within a reasonable period of time, but in no event later than 30 days, after the incident. The written documentation shall include: 1. the date, time of day, location, duration, and description of the incident and interventions used; 2. the event or events that led up to the incident; 3. the nature and extent of any injury to the student; and, 4. the name of a school employee the parent/guardian can contact regarding the incident. All schools shall maintain a record of incidents reported to the principal and parents under G.S. § ll5C-391.1(j) (4) and provide this information annually to the State Board of Education. G. Training of Personnel in Positive Behavior Supports Asheville City Schools will use a trainer of trainers model to support preventative measures and appropriate intervention techniques. Training shall include: a. positive management of student behavior, b. preventative techniques and effective communication for defusing and de-escalating disruptive or dangerous behavior, and c. safe and appropriate use of restraint, seclusion and isolation techniques [Ref. G.S. § 115C- 105.47(b)(9)]
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H. Compliance by Community Agency Personnel All personnel working within Asheville City Schools in accordance with interagency agreements shall adhere to the above procedures. In all circumstances in which a community agency employee is assigned to work with a student or students on Asheville City School’s property, an intervention plan which describes the crisis prevention and intervention procedures to be utilized must be developed by a team that includes parents, school and agency personnel. I. Legal Notices Nothing in this policy modifies the rights of school personnel to use reasonable force as permitted under G.S. 115C-390.3 or modifies the rules a procedures governing discipline under G.S. 115C-390.1 through G.S. 115C-390.12. Nothing in this policy is intended to prohibit or regulate the use of “time-out” as a behavior management technique where a student is separated from other students for a limited period of time in a monitored setting. Nothing in this policy shall be construed to create a private cause of action against a local board of education, its agents or employees or to create a criminal offense. Administrative procedures for implementing this policy will be developed and administered by the Superintendent. Legal References: G.S. 115C-47, -288, -307, -308, -390.3, -391. Cross References: School Safety (Board Policy 4200), School Plan for Management of Student Behavior (Board Policy 4302) Adopted: June 15, 1998 Revised: September 11, 2000 Revised: May 1, 2006 North Carolina General Statute § 115C-391.1. Permissible use of seclusion and restraint A. It is the policy of the State of North Carolina to: 1. Promote safety and prevent harm to all students, staff, and visitors in the public schools. 2. Treat all public school students with dignity and respect in the delivery of discipline, use of physical restraints or seclusion, and use of reasonable force as permitted by law. 3. Provide school staff with clear guidelines about what constitutes use of reasonable force permissible in North Carolina public schools. 4. Improve student achievement, attendance, promotion, and graduation rates by employing positive behavioral interventions to address student behavior in a positive and safe manner. 5. Promote retention of valuable teachers and other school personnel by providing appropriate training in prescribed procedures, which address student behavior in a positive and safe manner. B. The following definitions apply in this section: 1. “Assistive technology device” means any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capacities of a child with a disability. 2. “Aversive procedure” means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability which causes or reasonably may be expected to cause one or more of the following: a. Significant physical harm, such as tissue damage, physical illness, or death. b. Serious, foreseeable long-term psychological impairment. c. Obvious repulsion on the part of observers who cannot reconcile extreme procedures with acceptable, standard practice, for example: electric shock applied to the body; extremely loud auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin; placement in a tub of cold water or shower; slapping, pinching, hitting, or pulling hair; blindfolding or other forms of visual blocking; unreasonable withholding of meals; eating one’s own vomit; or denial of reasonable access to toileting facilities. 3. “Behavioral intervention” means the implementation of strategies to address behavior that is dangerous, disruptive, or otherwise impedes the learning of a student or others. 4. “IEP” means a student’s Individualized Education Plan. 5. “Isolation” means a behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving. 6. “Law enforcement officer” means a sworn law enforcement officer with the power to arrest. 7. “Mechanical restraint” means the use of any device or material attached or adjacent to a student’s body that restricts freedom of movement or normal access to any portion of the student’s body and that the student cannot easily remove. “Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a student’s body. 8. “School personnel” means: a. Employees of a local board of education. b. Any person working on school grounds or at a school function under a contract or written agreement with the public school system to provide educational or related services to students. c. Any person working on school grounds or at a school function for another agency providing educational or related services to students. 9. ”Seclusion” means the confinement of a student alone in an enclosed space from which the student is: a. Physically prevented from leaving by locking hardware or other means. b. Not capable of leaving due to physical or intellectual incapacity. 10. “Time-out” means a behavior management technique in which a student is separated from other students for a limited period of time monitored setting.
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C. Physical Restraint: 1. Physical restraint of students by school personnel shall be considered a reasonable use of force when used in the following circumstances: a. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person. b. As reasonably needed to maintain order or prevent or break up a fight. c. As reasonably needed for self-defense. d. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present, to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior. e. As reasonably needed to escort a student safely from one area to another. f. If used as provided for in a student’s IEP or Section 504 plan or behavior intervention plan. g. As reasonably needed to prevent imminent destruction to school or another person’s property. 2. Except as set forth in subdivision (1) of this subsection, physical restraint of students shall not be considered a reasonable use of force, and its use is prohibited. 3. Physical restraint shall not be considered a reasonable use of force when used solely as a disciplinary consequence. 4. Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers in the lawful exercise of their law enforcement duties. D. Mechanical Restraint: 1. Mechanical restraint of students by school personnel is permissible only in the following circumstances: a. When properly used as an assistive technology device included in the student’s IEP or Section 504 plan or behavior intervention plan or as otherwise prescribed for the student by a medical or related service provider. b. When using seat belts or other safety restraints to secure students during transportation. c. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person. d. As reasonably needed for self-defense. e. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present. 2. Except as set forth in subdivision (1) of this subsection, mechanical restraint, including the tying, taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is prohibited. 3. Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices, such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties. E. Seclusion: 1) Seclusion of students by school personnel may be used in the following circumstances: a) As reasonably needed to respond to a person in control of a weapon or other dangerous object. b) As reasonably needed to maintain order or prevent or break up a fight. c) As reasonably needed for self-defense. d) As reasonably needed when a student’s behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person’s property. e) When used as specified in the student’s IEP, Section 504 plan, or behavior intervention plan; and i. The student is monitored while in seclusion by an adult in close proximity who is able to see and hear the student at all times. ii. The student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student’s IEP or Section 504 plan. iii. The space in which the student is confined has been approved for such use by the local education agency. iv. The space is appropriately lighted. v. The space is appropriately ventilated and heated or cooled. vii. The space is free of objects that unreasonably expose the student or others to harm. 2) Except as set forth in subdivision (1) of this subsection, the use of seclusion is not considered reasonable force, and its use is not permitted. 3) Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary consequence. 4) Nothing in this subsection shall be construed to prevent the use of seclusion by law enforcement officers in the lawful exercise of their law enforcement duties. F. Isolation. — Isolation is permitted as a behavior management technique provided that: 1. The space used for isolation is appropriately lighted, ventilated, and heated or cooled. 2. The duration of the isolation is reasonable in light of the purpose of the isolation. 3. The student is reasonably monitored while in isolation. 4.The isolation space is free of objects that unreasonably expose the student or others to harm. G. Time-Out. — Nothing in this section is intended to prohibit or regulate the use of time-out as defined in this section. H. Aversive Procedures. — The use of aversive procedures as defined in this section is prohibited in public schools.
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I. Nothing in this section modifies the rights of school personnel to use reasonable force as permitted under G.S. 115C-390.3 or modifies the rules and procedures governing discipline under G.S. 115C-390.1 through G.S. 115C-390.12. J. Notice, Reporting, and Documentation. 1. Notice of procedures. — Each local board of education shall provide copies of this section and all local board policies developed to implement this section to school personnel and parents or guardians at the beginning of each school year. 2. Notice of specified incidents: a. School personnel shall promptly notify the principal or principal’s designee of: i. .Any use of aversive procedures. ii. Any prohibited use of mechanical restraint. iii. Any use of physical restraint resulting in observable physical injury to a student. iv. Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time specified on a student’s behavior intervention plan. b. When a principal or principal’s designee has personal knowledge or actual notice of any of the events described in this subdivision, the principal or principal’s designee shall promptly notify the student’s parent or guardian and will provide the name of a school employee the parent or guardian can contact regarding the incident. 3. As used in subdivision (2) of this subsection, “promptly notify” means by the end of the workday during which the incident occurred when reasonably possible, but in no event later than the end of following workday. 4 .The parent or guardian of the student shall be provided with a written incident report for any incident reported under this section within a reasonable period of time, but in no event later than 30 days after the incident. The written incident report shall include: a. The date, time of day, location, duration, and description of the incident and interventions. b. The events or events that led up to the incident. c. The nature and extent of any injury to the student. d. The name of a school employee the parent or guardian can contact regarding the incident. 5. No local board of education or employee of a local board of education shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee’s compensation, terms, conditions, location, or privileges of employment because the employee makes a report alleging a prohibited use of physical restraint, mechanical restraint, aversive procedure, or seclusion, unless the employee knew or should have known that the report was false. K. Nothing in this section shall be construed to create a private cause of action against any local board of education, its agents or employees, or any institutions of teacher education or their agents or employees or to create a criminal offense.
INCLEMENT WEATHER INFORMATION Information on school closings and delays is available as an alert on our website: http://www.ashevillecityschools.net . The information is also available on local television stations, such as WLOS (13), WSPA (7), WYFF (4), WMYA (40), and WHNS (21), and local radio stations, such as WWNC, WKSF, WISE, WCQS, WPEK, WOXL, WRES, WQNX, WQNQ, and WMXF.
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2017-2018 Code of Student Conduct Contract It is expected that students conduct themselves in a manner that allows the opportunity to receive an excellent education. I, the undersigned, acknowledge that I have received and read this 2017-2018 Code of Student Conduct and understand and agree that to continue my education with Asheville City Schools I must abide by the following conditions: 1.
I will obey/follow the Asheville City Schools’ rules and policies outlined in the current Student Code of Conduct. In addition, I will follow the rules and policies listed in my school’s student handbook. I have received a copy of each booklet. I understand the content of each booklet.
2.
I will not engage in disruptive behavior on the school bus or on campus during school hours or during afterschool activities. I will not instigate or participate in any action that disrupts the educational process, including, but not limited to, fighting, arguing, showing disrespect, verbalizing threats and gestures, etc.
3.
I will not engage in inappropriate behavior online or through the use of cell phones or other electronic or digital devices; including, but not limited to, cyber bullying or inappropriate interactions with others in social networking site or chat room. I will respect my privacy and the privacy of others.
4.
I will not distract other students from learning nor disrupt a teacher from teaching.
5.
I will not represent or knowingly affiliate with a gang or with gang members.
6.
I will not damage any property of Asheville City Schools. I will not draw graffiti or gang symbols, letters, numbers, or phrases on any of my personal property that I bring to school or on property of Asheville City Schools.
7.
I will not make or teach any hand gestures that represent a gang.
8.
I will endeavor to make continuous progress towards earning my high school diploma and/or grade level competencies.
I understand that violating any of the above stated conditions will result in disciplinary actions. Failure to sign this Contract does not exempt the student from consequences under the Code of Student Conduct and/or this Contract.
Print Student Name
Student Signature
Date
Print Parent/Legal Guardian Name
Parent/Legal Guardian Signature
Date
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NCLB/FERPA Opt-Out Notice
Complete separate form for each student and return to their School (Opt-Out applies through 8th grade; New opt-out required for 9th through 12th grade)
The Family Educational Rights and Privacy Act (FERPA) gives parents (or students, if 18 years of age or older) the authority to prohibit schools from disclosing any or all Directory Information about their student. Directory Information includes ●name ●address ●phone ●e-mail address ●photo ●participation in officially recognized activities & sports ●weight/ height of members of athletic teams ●degrees/honors/awards received ●date/place of birth ●major field of study ●most recent school attended ●dates of attendance ●grade level ●enrollment status ●other information not generally considered harmful or an invasion of privacy if disclosed.
FOR ALL SCHOOLS: If you wish to restrict the disclosure of your student's Directory Information, please check all boxes that apply. ______
As parent, I hereby exercise my right under FERPA to request thatyou do not disclose any Directory Information about my student for any purpose, except: [list Directory information or purposes that you do not permit, if any] __________________________________________________________________ ________________________________________________________________________________
______
As a student 18 years of age or older, I hereby exercisemy right under FERPA to request thatyou do not disclose any of my Directory Information for any purpose, except: [list Directory Information or purposes that you do permit, if any] ____________________________________________________________ ________________________________________________________________________________ School (Circle One): AHS – SILSA – AMS -MNSA–APS- JON – IDE – CLX – VAN – HFE
FOR AHS/SILSA ONLY: As parent, I hereby exercise my right to request that you do not disclose the name, address, or telephone number of my student to: _____ Military Recruiters
_____ Institutions of higher education
As a secondary student, I hereby exercise my right to request that yo do not disclose my name, address, or telephone number to: _____ Military Recruiters
_____ Institutions of higher education
Federal Law requires schools to release a secondary student's name, address, and phone number to military recruiters and institutions of higher education unless the student (of any age) or parent requests in writing that such information be withheld. Be aware that military recruiters ask for information regarding 11th/12th grade students only, usually within the first week of school. Please return this form within the first fourteen (14) days of school to Advisory Teacher. Be aware that students often directly provide information to colleges/universities by taking the PSAAT or SAT. Student's Legal Name: ______________________________________
Date of Birth: _________________________
Signature: ________________________________________________
Date:________________________________
Printed Name: _____________________________________________
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