section j - final

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J - STUDENTS

JAA Equal Educational Opportunities

JBA Compulsory AttendanceJBB Entrance Age

JBC School Admissions Residency Transfer Homeless

JBCA Admission Pupil ResidentsJBCB Non-Resident Students

JBCBA Tuition

JBCC Assignment of Students

JBCCA Assignment to SchoolsJBCCB Assignment to Classes

JBCD Transfers and Withdrawals

JBD Attendance, Absences, Tardiness and ExcusesJBDB Truancy

JBO Bullying/Harassing Behavior ProhibitionJBOA Hazing ProhibitionJBP Sexual Harassment Title IX

JBPA Title IX Procedures

JC Code of ConductJCAA Due Process Student Rights

JCAB Interrogations and Searches (Cf. LDAJA)

JCB Student Behavior Disruptive BehaviorJCBC Fighting

JCBD Vandalism Care of Property

JCBF Unlawful or Violent ActsJCBFA Unlawful Acts Reporting Procedures

JCBH Gun-Free Schools

JCBI Bus Conduct (Also see EDCB)

JCBJ Alcohol, Drug UseJCBJA Random Drug Testing

JCBJB Suspicion-Based Drug and Alcohol

JCD Alternative School (Also see IDDI, IDDFB, JBJ)JCE Dress Code

JD Discipline School Safety Act - Discipline Plan

JDA Corporal PunishmentJDC Detention

JDD Suspension

JDE ExpulsionJDF Discipline ReportingJDG Readmission Denial of Admission

JF Academic Achievement (Also IH)

JFA Quality Points

JFB Valedictorian/Salutatorian

JGA Student Insurance

JGC Student Health Services

JGCAA Physical ExaminationsJGCB Inoculations Immunizations Vaccinations


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JGCC Communicable Diseases

JGCD Medicines/MedicationsJGCE Head Lice

JGFA Emergency Drills

JGFB Supervision of Students Off Campus Activity

JGFC Dismissal PrecautionsJGFF Automobile Use (Cf. EBBE)

JHA FeesJHBA Fund Raising

JHCAA Secret SocietiesJHCB Student GovernmentJHCD Free Speech

JHEAB Band

JHF Cheerleaders

JIA Food Service

JKB Solicitations by Students (Also KEBB)

JLCD Delivery at School of Student Gifts

JNA Student/Staff Recognition Plan

JQB Anomalous Students Special Education

JQL Hearing/Vision/Behavioral/Academic ScreeningJQN Education for Homeless Children and Youth

JR Student Records

JRB Transcripts (See IKJ)

JS Student Fees (Cf. JBCBA) Waiver of Fees


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Date Approved: July 8, 2004Date Revised: April 10, 2008; November 10, 2011

EQUAL EDUCATIONAL OPPORTUNITIES JAA

Every pupil of the district will have equal educational opportunities regardless of race, color, creed, sex,disability, primary language, immigrant status, religion or marital status. No student shall be excluded on

such basis from participating in or having access to any course offerings, athletics, counseling, employment

assistance and extra-curricular activities.

As provided under Title IX of the Education Amendments of 1972, no person in the U.S. shall, on the basisof sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination underany education program or activity receiving federal financial assistance.

Further, the school district prohibits sexual harassment of or by any student. This policy applies to conductduring and relating to school and school-sponsored activities. Any student who engages in the sexualharassment of anyone in the school setting may be subject to disciplinary action up to and including

expulsion.

LEGAL REF.: MS CODE 37-15-35Mississippi Public School Accountability Standards

1972 Education Amendments, Title IX; 45 CFR Part 86;1964 Civil rights Act, Title VI; 45 CFR Part 84;

1973 Rehabilitation Act, Section 503;

1973 Rehabilitation Act, Section 504;Brown v. Board of Education, 347 U.S. 483 (1954)

Plyler v. Doe, 457 U.S. 202 (1982)

CROSS REF.: Policies BA Board Operations Goals and Objectives Mission StatementCA General School Administration Goals and Objectives

IB Instructional GoalsJC Code of Conduct


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Date Approved: July 8, 2004

COMPULSORY SCHOOL ATTENDANCE JBA

The school district shall comply with the requirements of the "Mississippi Compulsory SchoolAttendance Law" (MS CODE, 37-13-91, as amended in the 2003 Regular Session of the MississippiLegislature). Appropriate data shall be provided to the Office of Compulsory School Attendance

Enforcement within the State Department of Education, as may be required by the state.

AGE/REQUIREMENTS

All children who have attained or will attain the age of 6 years and who have not attained the age of 17years on or before September 1 of the school year and any child who has attained or will attain the age of

five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten

program* are compulsory-school-age children" and must be enrolled in school unless the child is:

a. Physically, mentally or emotionally incapable of attending school as determined by the

appropriate school official based upon sufficient medical documentation;

b. Enrolled in and pursuing a course of special education, remedial education or education for

handicapped or physically or mentally disadvantaged children; or

c. Being educated in a home instruction program approved by the State Department of

Education. 37-13-91 (3)

* The parent or guardian of a kindergarten child as described above shall be allowed to disenroll the

child from the program on a one-time basis, and such child shall not be deemed a compulsory-school-age child until the child attains the age of six (6) years. 37-13-91 (2) (f)

UNLAWFUL ABSENCES/VALID EXCUSES

An "unlawful absence" is an absence during a school day by a compulsory-school-age child, whichabsence is not due to a valid excuse for temporary nonattendance. Days missed from school due to

disciplinary suspension shall not be considered an "excused" absence under this section. Each of the

following shall constitute a valid excuse for temporary nonattendance, provided satisfactory evidence of

the excuse is provided to the Superintendent or his/her designee:

a. Attendance at an authorized school activity with the prior approval of the Superintendent

of the school district or his/her designee.

b. Illness or injury which prevents the student from being physically able to attend school.

c. When isolation is ordered by the county health officer, by the State Board of Health or

appropriate school official.

d. Death or serious illness of a member of the immediate family, which includes children,spouse, grandparents, parents, brothers, sisters, stepbrothers and stepsisters.

e. A medical or dental appointment.

f. Attendance at the proceedings of a court or an administrative tribunal if the student is a

party to the action or under subpoena as a witness.


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g. Observance of a religious event, with the prior approval of the Superintendent or his/herdesignee. (Approval should not be withheld unless, in the professional judgment of the

Superintendent or his/her designee, the extent of the absence would adversely affect the

student's education.)

h. Participation in a valid educational opportunity, such as travel, including vacations or otherfamily travel, with the prior approval of the Superintendent or his/her designee. (Approval

shall be based on the professional judgment of the Superintendent or his/her designee butshall not be withheld unless the extent of the absence would adversely affect the student's

education.)

i. Other conditions sufficient to warrant nonattendance, with prior approval of theSuperintendent or his/her designee. However, no absences shall be excused when any

student suspensions or expulsions circumvent the intent and spirit of the compulsory

attendance law. 37-13-91 (4)

NOTE: According to a 1998 Attorney General Opinion, automatic fail provision of an absences policy

may not apply against legal, excused absences. Such absences policies may not be applied againstabsences resulting from disciplinary suspensions; if absences policies are applied to truant children who

are otherwise passing, the district must afford the child procedural due process. (Attorney General

Opinion, Carter, 1-9-98) (#183) (97-0817)

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards

CROSS REF.: Policies JBDB TruancyJBD Attendance, Tardiness and Excuses


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ENTRANCE AGE JBB

1. No child shall be enrolled or admitted to any kindergarten which is a part of the free public schoolsystem during any school year unless such child will reach his/her fifth birthday on or beforeSeptember 1 of said school year, and no child shall be enrolled or admitted to the first grade in

any school which is a part of the free public school system during any school year unless such

child will reach his/her sixth birthday on or before September 1 of said school year. No pupilshall be permanently enrolled who formerly was enrolled in another public or private school

within the state until the cumulative record of the pupil shall have been received from the schoolfrom which he/she transferred.

2. Any child who transfers from an out-of-state public or private school in which that state's law

provides for a first-grade or kindergarten enrollment date subsequent to September 1 shall beallowed to enroll at the same grade level as his or her prior out-of-state enrollment, if:

a. The parent, legal guardian or custodian of such child was a legal resident of the state

from which the child is transferring;

b. The out-of-state school from which the child is transferring is duly accredited by thatstate's appropriate accrediting authority;

c. Such child was legally enrolled in a public or private school for a minimum of four (4)

weeks in the previous state; and

d. The Superintendent has determined that the child was making satisfactory educationalprogress in the previous state.


Mississippi Public School Accountability Standards

CROSS REF.: Policy JBC School AdmissionJBA Compulsory School Attendance


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Date Approved: July 8, 2004Date Revised: May 13, 2010

SCHOOL ADMISSIONS RESIDENCE VERIFICATION TRANSFERS JBC

Whenever any minor child seeks or applies to enroll in the district, he/she shall be accompanied by his/herparent(s) or guardian(s) 37-15-11 (1960)

Students who have been expelled from another school district may not be enrolled in the Columbia SchoolDistrict.

GENERAL ELIGIBILITY

The school district shall admit into its schools all eligible residents and legally transferred minor children

who are over five (5) and not over twenty-one (21) years of age on September 1 of the school year.

The school district will provide a free appropriate public education (FAPE) for all identifiedexceptional children. Disabled preschool age children identified as eligible for special education

services will be allowed to attend school for appropriate services. Students enrolled by theirparents in private schools have a genuine opportunity for equitable participation in accordancewith requirements under IDEA 2004 as described in the Federal Register (34CFR Section300.130 through 300.148).

Each minor child shall attend school in the school district of his/her residence unless legally transferred toanother school district by the School Board pursuant to MS Code Section 37-15-29 (1992).

All students shall register at the school they are assigned to attend.

Any new student enrolling in the school district or any continuing student whose residence has changed

shall be accompanied to enrollment by a parent, legal guardian, legal custodian or adult agent of a social

service agency of the district who shall register the minor child for admission, except students who havebeen legally transferred. The accompanying adult shall be required to verify his/her residence as herein

provided as part of the registration process. In the case of separated or divorced parents, court orders anddecrees involving custody of children will be controlling.

The principal in charge of each school shall require any child enrolling in kindergarten or grade 1 to

present a certified birth certificate and valid immunization certificate upon enrollment. It shall be theresponsibility of the person in charge of each school to enforce the requirement for evidence of the age ofeach pupil before enrollment. If the first prescribed evidence is not available, the next evidence

obtainable in the order set forth below shall be accepted:

1) A certified birth certificate (long form);

2) A duly attested transcript of a certificate of baptism showing the date of birth and place ofbaptism of the child, accompanied by an affidavit sworn to by a parent, grandparent orcustodian;

3) An insurance policy on the childs life which has been in force for at least two (2) years;

4) A bona fide contemporary Bible record of the childs birth accompanied by an affidavitsworn to by the parent, grandparent or custodian;

5) A passport or certificate of arrival in the United States showing the age of the child;6) A transcript of record of age shown in the childs school record of at least four (4) years prior

to application, stating date of birth; or


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7) If none of these evidences can be produced, an affidavit of age sworn to by a parent,grandparent or custodian. Any child enrolling in Kindergarten or Grade 1 shall present therequired evidence of age upon enrollment. Any child in Grades 2 through 12 not in

compliance at the end of sixty (60) days from enrollment shall be suspended until in

compliance.

Except as provided in the section below, no child shall be admitted to any school in theschool district during any school year unless such child will reach his/her fifth birthday on or

before September 1 of said school year for kindergarten enrollment; or unless such child willreach his/her sixth birthday on or before September 1 of said school year for first grade

enrollment. No child will be allowed to enroll in or attend any school without a certified

birth certificate or valid immunization certificate, report card, and name and address offormer school attended.

Any child who transfers from an out-of-state public or private school in which that states law provides

for a first grade or kindergarten enrollment date subsequent to September 1 shall be allowed to enroll inthe school district at the same grade level as his/her prior out-of-state enrollment, if:

1) The parent, legal guardian or custodian of such child was a legal resident of the state fromwhich the child is transferring;

2) The out-of-state school from which the child is transferring is duly accredited by that states

appropriate accrediting authority;3) Such child was legally enrolled in a public or private school for a minimum of four (4) weeks

in the previous state; and

4) The Superintendent has determined that the child was making satisfactory educational

progress in the previous state.

No child in grades two through twelve shall be allowed to enroll in or attend any school without a

social security card, valid immunization certificate, long form birth certificate (new students todistrict), report card, and name and address of former school attended. Valid certificates include:

1) Form 121 Certificate of Compliance

2) Form 121-A Medical Exemption Certificate3) Form 121-T Temporary Compliance Certificate

The Temporary Compliance Certificate, Form 121-T, is not valid after the date shown. After that date,the principal shall deny school attendance by such child unless or until the principal is furnished another

Temporary Compliance Certificate, Form 121-T, or a Certificate of Compliance, Form 121, or a MedicalExemption Certificate, Form 121-A.RESIDENCE VERIFICATION PROCEDURE

DEFINITION OF RESIDENCE FOR SCHOOL ATTENDANCE PURPOSES: The students parentphysically resides full time weekdays/nights and weekends at a place of abode located within the limits ofthe school district.

Except for those students who have been legally transferred, each student must establish his or herresidency in the following manner:

STUDENTS LIVING WITH PARENT (S) OR GUARDIAN (S)

The parent(s) or legal guardian(s) of a student seeking to enroll must provide the school district with at

least two of the items listed below as verification of their address, except that a document with a postoffice box as an address will not be accepted.


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Filed Homestead Exemption Application form;

Mortgage documents or property deed;

Apartment or home lease;

Utility bills;

Drivers license; Voter precinct identification;

Automobile registration;

Affidavit and/or personal visit by a designated school district official; Any other documentation that will objectively and unequivocally establish that the parent or

guardian resides within the school district;

Certified copy of filed petition for guardianship if pending and final decree when granted.

HOMELESS CHILDREN

When a child is determined to be homeless as defined by the McKinney-Vento Homeless Assistance Act,reauthorized January 2002, 42 U.S.C. 11431 (1), 11432 (e) (4) and 11302 (a), the school district shallconsider and take enrollment action that is in the best interest of the child pursuant to 42 U.S.C. 11431 et

seq. (See JQN.)

STUDENTS LIVING WITH ADULTS OTHER THAN PARENTS OR LEGAL GUARDIANS:

1) The non-parent(s) claiming district residency must meet the same criteria required of a parent or legalguardian.

2) The district resident must provide the school with an affidavit stating his or her relationship to thestudent and that the student will be living at his/her abode full time, and provide documentation fullyexplaining the reason(s) (other than school attendance zone or district preference) for this

arrangement. The Superintendent or his/her designee will make the necessary factual determinationsunder subsection II.1 (c) (2). Examples of situations where in loco parentis authority of an adult

will be recognized to establish residency of the minor include but are not limited to the following:

(a) Death or serious illness of the childs parent(s) or guardian(s);(b) Abandonment of the child;

(c) Child abuse or neglect;

(d) Unstable family relationships or undesirable conditions in the home of the childs parents orguardians having a detrimental effect on the child;

(e) Students enrolled in recognized exchange programs residing with host families.

3) Whenever appropriate, the person who has assumed responsibility for the care and custody of the

child shall be encouraged to obtain legal guardianship of the child.

4) The requirements stated above are minimum requirements; the school district may require additionaldocumentation and verification at any time.

5) At the minimum, the school district shall maintain in a file a written instrument identifying the typesof documents used to verify each students residency and copies of any relevant guardianship petition

or decree.

6) The provisions of this policy do not apply to students who reside outside the school district but who

have legally transferred into the school district.

7) Any court ordered procedure shall take precedent over any procedure contained herein.


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TRANSFERRING STUDENTS

A. No student is to be enrolled in the school district until all questions regarding residence or

immunizations have been resolved.

B. Students suspended or expelled from another school or school district are not allowed to enroll.

C. No pupil shall be permanently enrolled in a school in the school district who formerly was

enrolled in another school within the state or outside the state until the cumulative record of saidpupil shall have been received from the school from which he or she transferred. Should such

record have become lost or destroyed, then it shall be the duty of the Superintendent or principal

of the school where the pupil last attended school to initiate a new record.

D. Unless a transfer student is tested in the manner provided in Policy II (Testing Programs), the

student will be permanently enrolled and placed in a grade or class on the basis of an official

transcript of credits from the last school attended.

E. Students seeking to transfer from any school, public or private, within or outside of the

boundaries of the State of Mississippi, to the school district may be required to take astandardized test to determine the grade and class to which the pupil shall be assigned at the time

of pupil transfer.

The principal of the school or his/her designee shall administer the test or tests. Such tests shallbe administered within thirty days after the filing of each such application for transfer. Notice of

the giving of such test shall be given the applicant not less than five days prior to the date of the

administration of such test.

No transfer of a pupil shall be effective until the test has been given and the pupil is assigned to

the grade and class for which the test shows he or she is best suited. No pupil shall be assigned toa grade and class more than three (3) grades above or below the grade or class that the pupil

would have been assigned to had the pupil remained in the school from which the transfer is

being made. Pending the administration of the test herein provided for and its grading and an

assignment based thereon, the Superintendent may assign the pupil temporarily to a grade andclass comparable to that in which the pupil would have been had the pupil continued in the school

from which the transfer was being made.

If a pupil shall transfer from one school district to another school district in the manner provided

and required by the laws of the State of Mississippi, the requirement of such pupil taking thestandardized test shall be waived.

F. Any legal guardianship formed for the purpose of establishing residency for school district

attendance purposes shall not be recognized by the School Board.Any student found to be attending the Columbia School District under false pretense will be removedfrom the school district immediately (e.g., not receiving an official transfer from home district, residency,

custodial/guardianship).

LEGAL REF.: MS CODE 37-15-1, 37-15-3, 37-15-9, 37-15-11,

37-15-13, 37-15-29, 37-13-33, and 41-23-3742, United States Code Sections 11431 11434,State Board of Education: Residency Verification Process

Students enrolling in the district's schools for the first time must be of proper age (See JBB) and must

present a social security card, a certified birth certificate (long form), and show proof of vaccination


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against diphtheria, measles, poliomyelitis, rubella, tetanus, whooping cough and other contagious diseasespursuant to and in compliance with 37-7-301, Mississippi Code, 1972.

Students enrolling in the district, grades Pre-K-12, must complete the district registration. No student will

be officially enrolled in the district until the registration forms have been completed and signed.

LEGAL REF.: As cited above.


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ADMISSION PUPIL RESIDENTS JBCA

Children of legal school age whose parents or legal guardians are residents of the school district areeligible to attend school. In the case of separated or divorced parents, court orders and decrees involvingcustody of children will be controlling.

Each students residence within the school district must be certified by an affidavit on file at the schoolthe student attends.

Any legal guardianship formed for the purpose of establishing residency for school district attendancepurposes shall not be recognized by the School Board. 37-15-31 (1) (d) (1989)

PRE-KINDERGARTEN ADMISSION

All pre-kindergarten students four (4) years old on or prior to September 1 of the current year shall

provide the respective school with the following:

Birth certificate (long form)

Certificate of immunization compliance

Legal home address of parent or guardian as per affidavit Social Security account number

KINDERGARTEN ADMISSION

All kindergarten students five (5) years old on or prior to September 1 of the current year shall providethe respective school with the following:

Birth certificate (long form)


Legal home address of parent or guardian as per affidavit

Social Security account number

ELEMENTARY ADMISSION

All first graders six (6) years of age on or prior to September 1 of the current year and new elementarygrade pupils shall provide the respective school with the following:

Birth Certificate (long form)


Report card (if available) Name and address of former school attended

Legal home address of parent or guardian as per affidavit Social Security number


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SECONDARY ADMISSION

To be admitted to a secondary school, pupils shall provide the school with the following information:

Birth certificate (long form) (new students to the system)

Certificate of immunization compliance Report card (if available)

Name and address of former school attended

Legal home address of parent or guardian as per affidavit Social Security number


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NON-RESIDENT STUDENTS JBCB

No minor child may enroll in or attend any school except in the school district of his/her residence, unlesssuch child be lawfully transferred from the school district in accord with the statutes of this state now ineffect or which may be hereafter enacted. However, those children whose parent(s) or legal guardian(s) are

instructional personnel or certificated or non-certificated employees of the school district may make a

written request to enroll and attend school in the school district, regardless of the residence of the child.37-15-29 (1989). It is the policy of the Board to approve such requests. The Columbia School District

assumes no responsibility for the transportation of non-resident students.

Children who are not dependents of employees of the Columbia School District and who do not reside

within the district may request in writing a transfer to the Columbia School District only upon receiving

legal transfer from the home school district and being legally accepted by the Columbia School Board.

Transfer students will be assessed a tuition charge (approved annually by the School Board). Such tuition

shall be paid in advance of each semester at the Administration Building and receipt presented to the school

where the student is enrolled prior to attending classes.

The Columbia School Board will consider written requests of parents who reside in the Columbia SchoolDistrict and wish their children to attend school in another school district upon the same basis as receivingstudents. Any transfer approved by the Columbia School District for a student to attend school in another

district is done with the stipulation that no local monies will follow the transferring student to the receiving

school district.

Non-resident students are enrolled on a school year basis and must be reconsidered annually.

Legal Ref.: Mississippi Code, as cited above


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TUITION JBCBA

Tuition shall be assessed by a student whose legal residence is outside the district and who has been releasedfrom his/her home school district and accepted by the Columbia School Board. Enrollment shall beconsidered upon a favorable review of the students school performance and discipline record and a

determination that over-crowded conditions do not exist. Permission to attend the Columbia schools may be

revoked if overcrowded conditions are determined and/or the student exhibits discipline problems.

Tuition fees shall be set annually by the Board. Children whose parents are employees of Columbia SchoolDistrict may attend the Columbia schools without paying tuition. Any student enrolled from outside theschool district that fails to pay tuition as required or is improperly enrolled due to false statements or

misrepresentation shall be dropped from the school roll.

Section 37-19-27, Mississippi Code of 1972, as amended.


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ASSIGNMENTS OF STUDENTS JBCC

When any child qualified under the requirements of 37-15-9 shall apply or present himself or herself forenrollment in or admission to the schools of the school district, the School Board shall have the power andauthority to designate the particular school in which such child shall be enrolled and which he or she shall

attend; no enrollment of a child in a school shall be final or permanent until such designation shall be made

by the School Board. No child shall be entitled to attend any school except that to which he or she has beenassigned by the School Board; however, the principal of a school with approval of the Superintendent, may,

in proper cases, permit a child to attend a school temporarily until a permanent assignment is made by theSchool Board. 37-15-13 (1994)


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ASSIGNMENTS TO SCHOOLS JBCCA

No child shall be required to be transported in excess of thirty (30) miles on a school bus from his/her hometo school, or in excess of thirty (30) miles from school to his/her home, if there is another school in an

adjacent school district located on a shorter school bus transportation route by the nearest traveled road.

Those children residing in such geographical situations may, at the discretion of their parent(s) or legalguardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the

parent or legal guardian of such child and the School Board are unable to agree on the school bus mileagerequired to transport the child from his/her home to school, an appeal shall be made to the State Board ofEducation, or its designee, whose decision shall be final.

Any transfer student from a school or program (correspondence, tutorial, or home study) not accreditedregionally or by the State Board of Education [or its designee(s)] is given either a standardized achievementtest(s) or teacher-made special subject test(s) to determine the appropriate classification of the student within

thirty (30) days after filing for transfer. Notice of the administering of such test(s) shall be given to the

applicant not less than five days prior to the date of the administration of such test. {MS Code 37-15-33}

LEGAL REF.: MS CODE as citedMississippi Public School Accountability Standards

CROSS REF.: Policy JBAB Home Schooling/Transfer Student Testing


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ASSIGNMENTS TO CLASSES JBCCB

All students enrolled in kindergarten and first grade in each school shall be in compliance with age of entryrequirements. {MS Code 37-15-9} EXCEPTION: Any child who transfers from an out-of-state schoolwhose state law provides for an enrollment date subsequent to September 1 may be enrolled if specific

provisions are met.

All students enrolled in the school district must comply with immunization requirements. {MS Code 37-7-

301(I), 37-15-1, and 41-23-37}

LEGAL REF.: MS Code, as cited above


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STUDENT TRANSFER JBCD

All students who transfer from another school system must present a transfer certificate, textbooks receiptsand other school records upon entrance to the Columbia Schools. If transfer records do not show a birthdate and certificate number, the student must present an official birth certificate. A certificate of

immunization must also be presented.

Any student entering the Columbia Schools from a non-accredited school or school system not accredited

will be tested to determine appropriate grade placement.

Students who have been suspended or expelled from another school district may not be enrolled in the

Columbia School District.


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ATTENDANCE, ABSENCES, TARDINESS AND EXCUSES JBD

Policies governing absences, tardies, and attendance are adopted by the School Board and publishedannually as official policy statements of the Columbia School District.


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TRUANCY JBDB

A "truant" is a student who is absent without a valid excuse as identified in Policy JBA.

"Truancy" also includes absence without permission from any class or school-related activity for which a

student is scheduled during the school day.

Disciplinary action shall be taken against students who are truant. Continued truancy may lead to

academic failure, placement in the alternative school program and/or suspension or expulsion from theregular and/or alternative school programs.

Reports of truancy shall be made in accordance with the Mississippi Compulsory School Attendance Law

and Policy JBA.


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DateApproved:June10,2010

DateRevised:April19,2012

BULLYING/HARASSINGBEHAVIORPROHIBITION

JBO

PURPOSE

Thepurposeofthispolicyistomaintainasafelearningenvironmentthatisfreefrombullying

orharassingbehaviorforstudentsandstaffmembers.

Bullyingorharassingbehaviorofanytypeareinconsistentwiththeeducationalgoalsofthe

schooldistrictandareprohibitedatalltimes.

GENERALSTATEMENTOFPOLICY

Bullyingorharassingbehaviorwillnotbecondonedortoleratedwhenittakesplaceonschool

property,atanyschool-sponsoredfunction,onaschoolbus,orwhenittakesplaceoffschool

propertywhensuchconduct,inthedeterminationoftheschoolsuperintendentorprincipal,

renders the offending persons presence in the classroom a disruption to the educationalenvironmentof the schoolora detriment tothebest interestandwelfareofthepupils and

teacherofsuchclassasawhole.

TheColumbiaSchoolDistrictwillmakeeveryreasonableeffort toensurethatnostudentor

schoolemployeeissubjectedtobullyingorharassingbehaviorbyotherschoolemployeesor

students.

Theschooldistrictwillacttoinvestigateallcomplaintsofbullyingorharassingbehaviorandwill

disciplineortakeappropriateactionagainstanystudent,teacher,administratororotherschool

districtemployee,contractororvolunteerwhoisfoundtohaveviolatedthispolicy.

DEFINITIONS

Bullying or harassing behavior is any pattern of gestures or written, electronic or verbal

communications, any physical act, any threatening communication, or any act reasonably

perceivedasbeingmotivatedbyanyactualorperceiveddifferentiatingcharacteristicthat(a)

placesastudentorschoolemployeeinactualandreasonablefearofharmtohisorherperson

ordamagetohisorherproperty,or(b)createsoriscertaintocreateahostileenvironmentby

substantiallyinterferingwithorimpairingastudent'seducationalperformance,opportunities,

orbenefits.

A"hostileenvironment"meansthatthe victim subjectively viewsthe conductasbullyingor

harassingbehaviorandtheconductisobjectivelysevereorpervasiveenoughthatareasonable

personwouldagreethatitisbullyingorharassingbehavior.

REPORTINGPROCEDURES

Anystudent,schoolemployeeorvolunteerwhobelieveshe/shehasbeenavictimofbullyingor

harassing behavior, has witnessed, or who has reliable information that a student, school

employee, orvolunteer has been subject tobullyingorharassing behaviorshall report such


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conduct tothebuildingprincipal promptlybut nolater than five (5) calendardaysafter the

alleged act or acts occurred and shall complete the Bullying/Harassing Behavior/Hazing

ComplaintForm.

Thebuildingprincipal is theperson responsible for receivingreportsofbullyingorharassing

behavioratthebuildinglevel.

Teachers,administrators,otherschooldistrictemployeesaswellascontractorsandvolunteersshall beparticularly alert to possible situations, circumstances or events thatmight include

bullying orharassing behavior. Any such person who receives a report of, observes, orhas

otherknowledgeorbeliefofconductwhichmayconstitutebullyingorharassingbehaviorshall

informthebuildingprincipalimmediately.

Submissionofagoodfaithcomplaintorreportofbullyingorharassingbehaviorwillnotaffect

thecomplainantorreporter'sfutureemployment,gradesorworkassignments.

SCHOOLDISTRICTACTION

Uponreceiptofacomplaintorreportofbullyingorharassingbehavior,theschooldistrictshall

undertakeorauthorizeaninvestigationbyschooldistrictofficials.

The school districtmay take immediate steps, at its discretion, toprotect the complainant,

reporter, studentsorothers pending completionofan investigationofbullyingorharassing

behavior.

Upon completion of the investigation, the school districtwill take appropriate action. Such

actionmayinclude,butis notlimited to,warning,suspension,exclusion, expulsion,transfer,

remediation, termination or discharge. Disciplinary consequences will be administered

consistently.Schooldistrictactiontakenforviolationofthispolicywillbeconsistentwithother

schoolpolicies.

REPRISAL

TheDistrictwillmakeeveryreasonableefforttoensurethatnopersonengagesinanyactof

reprisalorretaliationagainstavictim,witness,orapersonwithreliableinformationaboutan

actofbullyingorharassingbehavior.TheDistrictencouragesanyonewhohaswitnessedorhas

reliableinformationthatastudentorschoolemployeehasbeensubjecttoanyactofbullying

orharassingbehaviortoreporttheincidenttotheappropriateschoolofficial.

Ref:SB2015;Miss.CodeAnn.37-7-301(e)


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COLUMBIASCHOOLDISTRICT613BryanAvenue

Columbia,Mississippi39429

Telephone:601-736-2366

Fax:601-736-2653

BULLYING/HARASSINGBEHAVIOR/HAZINGCOMPLAINTFORM

NAMEOFREPORTINGPERSON:_________________________________________________

DATEOFMISCONDUCT:________________________________________________________

DETAILEDDESCRIPTIONOFMISCONDUCT:_________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

NAMEOFTHEVICTIMOFTHEMISCONDUCT:______________________________________

____________________________________________________________________________

NAMESOFANYWITNESSES:_____________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

____________________________________ ___________________________________

Signature Date


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DateApproved:April19,2012

HAZINGPROHIBITION

JBOA

PURPOSE

Thepurposeofthispolicyistomaintainasafelearningenvironmentthatisfreefromhazingforstudentsandstaffmembers.

Hazingactivitiesofanytypeareinconsistentwiththeeducationalgoalsoftheschooldistrict

andareprohibitedatalltimes.

GENERALSTATEMENTOFPOLICY

Nostudent,teacher,administratororotherschooldistrictemployee,contractororvolunteer

shallplan,direct,encourage,aidorengageinhazing.

No teacher, administrator or other school district employee, contractor or volunteer shall

permit,condoneortoleratehazing.

Apparent permission or consent by a person being hazed does not lessen the prohibitions

containedinthispolicy.

Apersonwhoengagesinanactthatviolatesschoolpolicyorlawinordertobeinitiatedintoor

affiliatedwithastudentorganizationshallbesubjecttodisciplineforthatact.

Thispolicyappliestohazingbehaviorthatoccursonoroffschoolproperty.

The school districtwill act to investigateall complaints ofhazing and will discipline or take

appropriate action against any student, teacher, administrator or other school district

employee,contractororvolunteerwhoisfoundtohaveviolatedthispolicy.

DEFINITIONS

"Hazing,"meanscommittinganactagainstastudent,orcoercingastudentintocommittingan

act,thatcreatesasubstantialriskofharmtoaperson,inorderforthestudenttobeinitiated

into or affiliated with a student organization, or for any other purpose. The term hazing

includes,butisnotlimitedto:

Anytypeof physicalbrutalitysuchaswhipping,beating,striking,branding,electronic

shockingorplacingaharmfulsubstanceonthebody.

Any type of physical activity such as sleep deprivation, exposure to weather,

confinementinarestrictedarea,calisthenicsorotheractivitythatsubjectsthestudent

toanunreasonableriskofharmorthatadverselyaffectsthementalorphysicalhealth

orsafetyofthestudent.

Anyactivityinvolvingtheconsumptionofanyalcoholicbeverage,drug,tobaccoproduct

oranyotherfood,liquid,orsubstancethatsubjectsthestudenttoanunreasonablerisk

ofharmorthatadverselyaffectsthementalorphysicalhealthorsafetyofthestudent.


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Any activity that intimidatesorthreatens the studentwithostracism, that subjectsa

studenttoextremementalstress,embarrassment,shameorhumiliationthatadversely

affects the mental health ordignity of the student ordiscourages the student from

remaininginschool.

Anyactivitythatcausesorrequiresthestudenttoperformataskthatinvolvesviolation

ofstateorfederallaworofschooldistrictpoliciesorregulations.

"Student organization,"means a group, club or organization having students as its primary

membersorparticipants.Itincludesgradelevels,classes,teams,activitiesorparticularschool

events. A student organization does not have tobean official school organization tocome

withinthetermsofthisdefinition.

REPORTINGPROCEDURES

Anypersonwhobelievesheorshehasbeenthevictimofhazingoranypersonwithknowledge

orbelief ofconductwhichmay constitutehazing shallreport theallegedactswithin five (5)

calendar days to an appropriate school district official designated by this policy and shall

completetheBullying/HarassingBehavior/HazingComplaintForm.

Thebuildingprincipalisthepersonresponsibleforreceivingreportsofhazingatthebuilding

level.

Teachers,administrators,otherschooldistrictemployeesaswellascontractorsandvolunteers

shall beparticularly alert to possible situations, circumstances or events thatmight include

hazing.Anysuchpersonwhoreceivesareportof,observes,orhasotherknowledgeorbeliefof

conductwhichmayconstitutehazingshallinformthebuildingprincipalimmediately.

Submission ofa good faithcomplaint or report ofhazingwill not affect the complainantor

reporter'sfutureemployment,gradesorworkassignments.

SCHOOLDISTRICTACTION

Uponreceiptofacomplaintorreportofhazing,theschooldistrictshallundertakeorauthorize

aninvestigationbyschooldistrictofficials.

The school districtmay take immediate steps, at its discretion, toprotect the complainant,

reporter,studentsorotherspendingcompletionofaninvestigationofhazing.

Upon completion of the investigation, the school districtwill take appropriate action. Such

actionmayinclude,butis notlimited to,warning,suspension,exclusion, expulsion,transfer,

remediation, termination or discharge. Disciplinary consequences will be administeredconsistently.Schooldistrictactiontakenforviolationofthispolicywillbeconsistentwithother

schoolpolicies.

REPRISAL

Theschooldistrictwilltakeappropriateactionagainstanystudent,teacher,administratoror

otheremployeeof the school district, orany contractor orvolunteer who retaliates against

anyonewhomakesagoodfaithreportofhazing,orwhotestifies,assistsorparticipatesinan

investigationorhearingaboutahazingincident.Retaliationincludes,butisnotlimitedto,any


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form of intimidation, reprisal or harassment. The District encourages anyone who has

witnessedorhasreliableinformationthatastudentorschoolemployeehasbeensubjectto

anyactofhazingtoreporttheincidenttotheappropriateschoolofficial.

Ref.:MSCode97-3-105


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COLUMBIASCHOOLDISTRICT613BryanAvenue

Columbia,Mississippi39429

Telephone:601-736-2366

Fax:601-736-2653

BULLYING/HARASSINGBEHAVIOR/HAZINGCOMPLAINTFORM

NAMEOFREPORTINGPERSON:_________________________________________________

DATEOFMISCONDUCT:________________________________________________________

DETAILEDDESCRIPTIONOFMISCONDUCT:_________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

NAMEOFTHEVICTIMOFTHEMISCONDUCT:______________________________________

____________________________________________________________________________

NAMESOFANYWITNESSES:_____________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

____________________________________ ___________________________________

Signature Date


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STUDENT COMPLAINTS OF SEXUAL DISCRIMINATION/HARASSMENT

TITLE IX

JBP

As provided under Title IX of the Education Amendments of 1972, no person in the U.S. shall, on the basisof sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under

any education program or activity receiving federal financial assistance.

Students in the Columbia School District are protected from sexual discrimination, including sexual

harassment, by Title IX of the Education Amendment of 1972 to the Civil Rights Act. Unwelcomed sexualadvances, requests for sexual favors and other verbal or physical conduct of a sexual nature amounting to orconstituting harassment are prohibited.

HARASSMENT PROHIBITED

The school district prohibits sexual harassment of or by any student. This policy applies to conduct during

the school day and school-sponsored activities. Any student who engages in sexual harassment will be

subject to disciplinary action, including expulsion.

SEXUAL MISCONDUCT PROHIBITED

If any person eighteen (18) years or older who is employed by any public or private school district in this

state is accused of fondling or having any type of sexual involvement with any child under the age of

eighteen (18) years who is enrolled in such school, the principal of such school and the Superintendent shallnotify the district attorney with jurisdiction where the school is located of such accusation, provided that

such accusation is reported to the principal and to the Superintendent and that there is a reasonable basis tobelieve that such accusation is true. 97-5-24 (1994)


1972 Education Amendments, Title VII & Title IX

CROSS REF.: Policies JAA Equal Education Opportunities

JBPA Students Complaints of Sexual Discrimination/Harassment

Title IX Procedures


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STUDENT COMPLAINTS OF SEXUAL DISCRIMINATION/HARASSMENT

TITLE IX PROCEDURES

JBPA

This complaint procedure shall provide a process for filing, processing and resolving complaints in mattersrelated to complaints of sexual harassment/discrimination. Adherence to these procedures is mandatory.

The failure of any person to follow these procedures will constitute a waiver of the right to pursue a

complaint at any level, including review by the Board.

I. DEFINITIONS

A. Sexual harassment exists when unwelcomed sexual advances, requests for sexual favors or

other verbal or physical conduct of a sexual nature meets one of the following criteria:

1. QUID PRO QUO HARASSMENT Submission to such conduct is made, either implicitly orexplicitly, a term or condition for a students assignment of grades, promotion or other

school-related benefit.

2. QUID PRO QUO HARASSMENT Submission to or rejection of such conduct by an

individual is used as the basis for decisions affecting that individual.

3. HOSTILE ENVIRONMENT HARASSMENT Such conduct has the purpose or effect of

unreasonably interfering with the students work performance or creating an intimidating,

hostile or offensive teaching or learning environment.

B. A complaint is a report by any student, a parent, legal guardian or custodian of a student or anyemployee which alleges that a policy or practice of the district or a practice or act of any of its

employees or students has discriminated against a student on the basis of sex, including sexualharassment.

C. The complainant is the student or parent, legal guardian or custodian of a student or employeewho submits a complaint.

D. The respondent is the person alleged to be responsible for the violation alleged in a complaint.

The term may be used to designate persons with responsibility for a particular action or thosepersons with supervisory responsibility for procedures and policies in those areas covered in thecomplaint.

E. The Title IX Coordinator is the person(s) designated by the Superintendent to coordinate the

districts efforts to comply with and carry out responsibilities under Title IX and other state and

federal laws addressing equal educational opportunity.

F. A day means a school day and does not include holidays and/or weekends.

II. GENERAL RULES

A. The number of days indicated at each step are considered to be maximum; a concerted effort to

expedite the process will be made. At any step in the complaint procedure, the time limits may beextended only when necessary under the circumstances. These procedures shall not be extended

for more than a 90-day period.


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B. If a review is not requested at any step within the time allotted and if the decision at the prior stepfound a reasonable basis to believe that an employee has engaged in any sexual misconduct orinvolvement with any student under the age of 18, the Title IX Coordinator shall, immediately

upon the expiration of the allotted time, submit such information to the Superintendent. The

Superintendent shall make such information available to the appropriate district attorney as

required by district policy and Mississippi law.

C. Facts elicited during the complaint procedure are confidential and do not become part of a

students permanent record. A copy of documents, communications and records dealing with theprocessing of a complaint will be filed in a separate file as designated by the Superintendent.

D. Facts elicited during the complaint procedure that result in adverse disciplinary action against anemployee become part of that employees personnel file.

E. The failure of a complainant to proceed from one step to the next within the set time limits,

without being granted an extension of time by the Title IX Coordinator, shall be deemed to be anacceptance of the decision previously rendered and shall eliminate any future review concerningthat particular complaint.

F. The failure of the reviewing officer(s) to communicate his/her decision to the complainant or

respondent within the time limits shall permit the complainant or respondent to proceed to the next

step.

G. The complainant may withdraw his/her complaint at any step without reprisal. However, a

complainant shall not be permitted to refile the same complaint once withdrawn unless it is within

the initial time period.

H. No reprisal shall be invoked against the complainant for filing a complaint or against any person

for participation in any way in this procedure.

I. If the complaint is against the students principal, the complainant may go directly to the Title IX

Coordinator.

III. PROCEDURES FOR PROCESSING A COMPLAINT

The building level principal will immediately investigate a complaint. If the evidence is adequatefor a potential problem, the following procedures will take place.

Party/Parties Involved/Action Required

A. Complainant Within five (5) days from the time a complaint becomes

known, the complainant must complete and submit to theTitle IX Coordinator a written Title IX Report form.The report must state the respondents name, the nature

and date of the alleged violation, the names of anywitnesses to such alleged violation and requested action.Forms shall be available from all principals offices and

from the Title IX Coordinator.

B. Title IX Coordinator Within two (2) days from receipt of the written complaint,

the Title IX Coordinator shall notify the respondent.

C. Respondent Within five (5) days, the respondent shall be required torespond in writing to the Title IX Coordinator, as follows:


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1. Confirm or deny the facts as alleged;2. Indicate acceptance or rejection of the

complainants requested action; or

3. Outline alternative actions.

D. Title IX Coordinator Within five (5) days from receipt of the respondentsresponse, the Title IX Coordinator shall provide an initialresponse to the complainant and respondent, stating initial

conclusions of fact and proposed action, if any.

E. Complainant or Respondent Within five (5) days of receiving the initial response, the

complainant or respondent may request, in writing, ahearing on the matter.

F. Title IX Coordinator Upon receipt of a written request for hearing, the Title IX

Coordinator shall schedule a hearing to be held within 5-10 days before an unbiased panel of 3-5 districtemployees. The Title IX Coordinator shall give written

notice of such hearing to the complainant, respondent,students principal or employees supervisor,

Superintendent and other appropriate witnesses if

applicable.

G. Title IX Coordinator,

Grievant, Respondent,

Title IX Hearing Panel

Within 5-10 days of the receipt of the written request for a

hearing by the Title IX Coordinator, a hearing shall be

scheduled before an unbiased panel of 3-5 districtemployees. The Title IX Coordinator shall facilitate thehearing, at which the following rules shall apply:

1. The hearing shall be informal. The legal rules of

evidence and procedure shall not apply.

2. The complainant and respondent shall be

permitted to submit written evidence and to bringwitnesses before the panel.

3. The Title IX Hearing Panel members may

question any witnesses brought before them.4. The complainant and respondent shall be

permitted to make a statement before the paneland may be permitted to examine their witnessesand to cross-examine witnesses actually

presented by the other parties.

5. Representation of the complainant or respondentby other individuals shall not be permitted.

6. The Title IX Coordinator shall create and

maintain a record of the hearing which shallinclude the names of all witnesses, allinvestigation reports, a summary of all witness

testimony and all documentary evidence.

H. Title IX Hearing Panel Within five (5) days after the hearing, the Title IX

Hearing Panel shall issue a written decision, which shall

include findings of fact and recommended action.

I. Title IX Coordinator Upon receipt of the decision of the Title IX Hearing


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Panel, the Title IX Coordinator shall provide a copy ofsuch decision to the complainant, respondent, principal orsupervisor and Superintendent.

J. Complainant or Respondent If the complainant or respondent is not satisfied with the

decision, he/she may request a review by theSuperintendent. The request for such review must bemade in writing to the Title IX Coordinator within five

(5) days of receipt of the Panels decision.

K. Title IX Coordinator Upon receipt of a request for review by the

Superintendent, the Title IX Coordinator shall notify theSuperintendent of such request and submit to theSuperintendent the record of the hearing, the panel

decision and all related documents.

L. Superintendent Within ten (10) days of notice of request for review, theSuperintendent shall review the record and panel decision

and shall issue a decision. The Superintendent mayconcur in the findings and recommendations of the panel

or may make alternate findings and recommendations.

The Superintendent shall have his/her decision providedto the Title IX Coordinator, complainant, respondent andthe principal or supervisor within the ten (10) day period.

M. Complainant or Respondent Within five (5) days of the receipt of the Superintendentsdecision, if dissatisfied with the decision, the complainantor respondent must submit a written request for review by

the School Board to the Title IX Coordinator.

N. Title IX Coordinator Upon receipt of the request for review, the Title IX

Coordinator must schedule a review before the governing

School Board to be held at the Board's next regular orspecial meeting, but in no event more than 30 days from

such request. The Title IX Coordinator shall provide the

Board members with copies of the hearing record, allinvestigation reports, the panel decision, the

Superintendents decision and all related documents.

O. School Board, Title IX Coordinator,

Complainant, Respondent

Within 30 days of the request for review, the Board shall

review the hearing record, all investigation, all reports,

the panel decision, the Superintendents decision and allrelated records. The review is not a hearing; no party hasthe right to present further witnesses or other evidence or

to examine any witness or party. However, the Boardmay, in its discretion, permit statements of limitedduration from the complainant or his/her representative

and the respondent or his/her representative. All usualrules of Board procedure shall apply. Furthermore, theBoard may, in its discretion, require that the review be

conducted in closed or executive session.

P. School Board Within ten (10) days of the review, the Board shall issue afinal written decision. The Board may concur in the


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Date Approved: July 8, 2004Date Revised: April 10, 2008

CODE OF STUDENT CONDUCT JC

The School Board of the Columbia School District adopts rules governing student conduct and disciplinewhich are published annually in school handbooks.

LEGAL REF.: MS Code 37-11-55


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DUE PROCESS JCAA

When a student is confronted with disciplinary action, the Board and its administrators shall afford

him/her the safeguards of due process as required by applicable law.

In any case, the student must be made fully aware of his/her rights and must be given an opportunity to

present his/her side of the case prior to any action being taken by school officials.

The Superintendent and the principal of a school shall have the power to suspend a student for good cause

or for any reason for which such student might be suspended, dismissed or expelled by the School Board.However, such action of the Superintendent or principal shall be subject to review by and the approval or

disapproval of the School Board. If the parent, guardian or other person having custody of any child shallfeel aggrieved by the suspension or dismissal of that child, such parent, guardian or other person shallhave the right to a due process hearing. The parent or guardian of the child shall be advised of this right

to a hearing by the Superintendent or principal, and the proper form shall be provided for requesting such

a hearing. 37-9-71

LEGAL REF.: MS Code 37-7-307 (e), 37-9-71Goss v. Lopez, 419 U.S. 565 (1975)U.S. Constitution, Amendment XIVWood v. Strickland, U.S. 95S Ct. 992 (1975)

DUE PROCESS PROCEDURE

A student who has been suspended or expelled or otherwise denied admission to attend school has theright to due process. All aspects, circumstances and records of the student's case shall be confidential and

available only to authorized school officials dealing directly with the student or to the student's parents,

legal guardians or attorneys for the student or for the Board. The following procedures provide notice and

opportunity to be heard in such matters.

STEP ONE: INITIAL INFORMAL HEARING

Applies to: Suspensions of 3-5 days or less (Initial suspension may be more than 3 days withapproval of the Superintendent. Subsequent suspensions may be up to 5 days

at the discretion of the principal.)

Suspensions of 5 days or moreRecommendations of Expulsions

Denials of admission

A. An initial informal hearing is required in each case where disciplinary action may betaken against a student and where an expelled student makes application of readmission

following the conclusion of the expulsion period. After an initial investigationappropriate under the circumstances, the principal, Superintendent or designee shall:1. Advise the student of the charges against him/her or reasons for nonadmission;

2. Afford the student a full opportunity to respond; and

3. If the student denies the charges or contests the reasons for nonadmission,explain the evidence in support thereof.

B. After the informal hearing, the principal may take the following actions:

1. SUSPENSION OF 3-5 DAYS OR LESS: The principal may issue to the studentand legal guardian a notice of suspension not longer than 3 consecutive school


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days on the student's first suspension of the school year. More than a 3-dayinitial suspension requires approval of the Superintendent. Subsequentsuspensions may be up to 5 days at the discretion of the principal. The

suspension is effective immediately; no further due process is required.

2. IMMEDIATE REMOVAL: The principal may immediately dismiss the studentfrom school for the day when such is necessary to restore order, to protect thesafety of the student or others and/or to resume normal school functions but when

an immediate suspension is not or may not be appropriate. A student sent homeunder these circumstances shall be instructed to return the following day with

his/her legal guardian. Should the student not return as instructed, the principal

shall mail a "Notice of Suspension" for 5 days or less, as appropriate (5 days withapproval of the Superintendent.)

3. IMMEDIATE SUSPENSION AND RECOMMENDATION OF EXPULSION:

Upon the principal's recommendation, the Superintendent may immediatelysuspend a student for 10 days or less and recommend expulsion when there isreason to believe that the student committed an unlawful or violent act, as

defined or otherwise provided by district policy. The suspension shall beeffective immediately, pending conclusion of due process on the

recommendation of expulsion.

4. DENIAL OF ADMISSION: The principal or Superintendent may recommend adenial of admission which shall be effective immediately, pending the conclusion

of due process.

STEP TWO: APPEALApplies to: Suspensions of 5 days or more

ExpulsionsDenials of admission

If, after the initial hearing, the principal or Superintendent determines that a recommendation of

suspension for 5 days or more, expulsion or other denial of admission is the appropriate disciplinaryaction:

1. The principal or Superintendent shall give the student a written "Notice of

Suspension and Recommendation of Expulsion/Nonadmission and Statement ofRights" in a form provided by the Superintendent for such purposes.

2. The notice shall contain a statement of the charges/reasons, advise the student ofhis/her rights to legal counsel, to present witnesses and to cross-examine

witnesses presented against him and state the date, time and place for hearing. A

copy of the notice will be hand-delivered to the student when possible and theoriginal hand-delivered or mailed to the legal guardian.

3. A hearing before a Hearing Officer (superintendent or designee) shallautomatically be scheduled no later than the tenth school day following the dateof notice.

4. Pending the outcome of the hearing before the Hearing Officer:

a. The student may be offered temporary placement in the alternative

school program when the counselor verifies the student's suitability for

such program and, in such case, the hearing before the Hearing Officermay be held at any appropriate time without application of the 10-day


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limitation. However, the district may not offer temporary placementwhen the offense upon which the action is based is gang or group-relatedfighting, violation of prohibitions against weapons or controlled

substances, assault of a staff member or other unlawful or violent act.

b. The student may be allowed to remain in school if the principal or, in thecase of nonadmission, the Superintendent determines that his or hercontinued presence is not detrimental to the normal functioning of the

school program. In such case, the hearing may be held at any appropriatetime without application of the 10-day limitation.

c. The Officer shall hear and consider all cases presented and is authorizedto:i. Concur or not concur with the suspension, expulsion or

nonadmission recommendation:

ii. Confirm or specify the duration of a suspension of eleven days ormore, to remove the suspension or expulsion or to recommend

admission; and

iii. Recommend limited or unlimited expulsion or nonadmission to the

Board.

iv. Prepare a written summary of each case.

d. All expulsion and nonadmission recommendations shall be subject toreview by the Superintendent and by the Board.

e. After completing this appeal step, a parent, legal guardian or custodianaggrieved by a decision to suspend his/her child may request review of

the decision by the Board. A request for review must be submitted to the

Board within two (2) days after receiving a decision at this appeal step.

STEP THREE: REVIEW BY THE BOARD

Applies to: Suspensions (only upon request by parents)Expulsions

Denials of admission

The Board shall, at its next regular or special meeting following the recommendation, review and take

final action on all recommendations for expulsions, denial of admission and any requests for review of

suspensions. All consideration of student disciplinary actions shall be conducted in accordance withstandard Board procedure. All decisions by the Board shall be final.

According to a 1998 Attorney General Opinion, automatic fail provision of an absences policy may notapply against legal, excused absences. Such absences policies may not be applied against absencesresulting from disciplinary suspensions; if absences policies are applied to truant children who are

otherwise passing, the district must afford the child procedural due process. (Attorney General Opinion,Carter, 1-9-98) (#183) (97-0817)

LEGAL REF.: MS CODE 37-9-71; 37-15-9; 37-13-92

CROSS REF.: Policies JCD Alternative School ProgramJDA Discipline Plan


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SCHOOL SEARCHES JCAB

DESKS AND LOCKERS

Desks and lockers are school property and remain at all times under the control of the school. However,

students are responsible for contents in desks and lockers issued to them by the school. School authorities

may conduct periodic general inspections related to school administration. Inspection of individuallockers or desks may occur when there is reasonable basis to do so; in those cases, the student or a third

party shall be present.

Buildings, desks, and lockers may be searched by trained police officers using trained drug dogs when

there is reason to suspect the presence of drugs. Unannounced random searches using dogs may be

conducted.

AUTOMOBILES

The school retains authority to inspect student automobiles used as transportation to school. When aschool authority has reasonable suspicion to believe that illegal or unauthorized materials are contained

inside a student vehicle, the police will be called, and the student may be required to open the automobile,including the trunk, for further inspection.

Automobiles may be searched by trained police officers using trained drug dogs when there is reason to

suspect the presence of drugs. Unannounced random searches using dogs may be conducted.

SEARCH OF STUDENTS

A student's person and/or personal effects may be searched whenever a school authority has reasonablesuspicion to believe that the student is in possession of illegal or unauthorized materials. Metal detectors

may be used by school personnel whenever a school authority believes the situation warrants their use.

If a pat-down search of a student's person is conducted, it will be conducted in private by a school official

of the same sex with an adult witness present.

It will be an extremely rare situation that requires a more intrusive search of a student's person than a pat-down. Only if extreme emergency conditions exist, and only upon prior approval by the central office,shall a more intrusive search be conducted. If such a search is necessary, it will be conducted in private

by a school official of the same sex with an adult witness of the same sex present.

NOTICE OF POLICY

Students will be provided notice of the School Search Policy by having the policy placed in the student

handbook and distributed to all students.

SCHOOL SEARCHES


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The Fourth Amendment to the United States Constitution and Article 3, 23 of the MississippiConstitution provides all people with the right to be secure in their persons, houses, papers, and effectsagainst unreasonable searches. However, circumstances will arise where searches of students' persons,

possessions, lockers, desks and vehicles will be necessary. Administrators have the authority and

obligation to exercise discretion in the implementation of this policy, balancing the district's responsibility

to maintain discipline, order, and a safe environment conducive to education with the students' legitimateexpectations of privacy.

I. REQUIREMENTS

All searches must be pre-approved by the Superintendent, principal, assistant principal or acting

principal. No other district employee may authorize a search except where an emergencysituation exists.

At least two district employees must be present while a search is conducted. If, in the discretion

of the administrator or employee conducting the search, the search is particularly intrusive, theperson conducting the search and the witnesses, or at least one of them, should be the same sex asthe student.

No student other than the student who is the subject of the search may be present during the

search. All searches must be reasonable in scope.

II. SEARCHES PERMITTED

Searches are permitted as follows:

A. PERSON, POSSESSIONS, LOCKERS: Searches of a student's person, possessions orlockers may be conducted if a district employee has prior individualized reasonable

suspicion that a student has violated or is violating a district policy, school rules orregulations or the law and that the search will result in discovery of evidence of such

violation.

B. DESKS, OTHER SCHOOL PROPERTY: Searches of desks and other school property(except lockers) may be conducted at any time, with or without reasonable suspicion of a

violation.

C. VEHICLES: Searches of vehicles driven to school by or for students may be searched by

visual inspection with or without reasonable suspicion of a violation. If a visual searchresults in individualized reasonable suspicion of a violation, a more intrusive search ofthe vehicle may be conducted at the direction of the principal.

D. CANINE SEARCHES: The district may at any time utilize canines to search vehicles,possessions not on the student's person, desks, lockers and other school property, with orwithout reasonable suspicion of a violation. A canine response indicating the presence of

contraband constitutes reasonable suspicion, and a more intrusive search may beconducted at the direction of the principal.

E. GROUP SEARCHES: Caution shall be exercised when a search involving a number of

students is conducted. In most instances, in order to justify a search, the district's

reasonable suspicion must be particularized to an individual student. Exceptions to this

requirement are appropriate only where the intrusiveness of the search is minimal, suchas canine searches of lockers, desks or bookbags or automobile searches, etc.


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F. STRIP SEARCHES: No student shall be subjected to a strip search except where anemergency situation exists and with pre-approval by the principal. No student shall be

asked to remove any article of clothing in the presence of a member of the opposite sex

or of other students.

III. DEFINITIONS

A. "Reasonable in scope" means that the degree of the intrusion must be consistent with theobjective of the search. Factors to be considered in whether the scope of a search is

reasonable include, but are not limited to, the following:

1. The student's age, maturity, and sex;

2. The nature or level of seriousness of the suspected violation; and

3. The intrusiveness of the search, e.g. a canine search is less intrusive than a lockersearch; a locker search is less intrusive than a "pat-down"; etc.

B. "Reasonable suspicion" refers to a flexible concept requiring the application of

experience and common sense. Determinations of whether reasonable suspicion to

support a search exists shall be made on a case-by-case basis with due consideration ofall circumstances. In all cases, "reasonable suspicion" must be supported by articulablefacts.

Factors to be considered in making this determination include, but are not limited to, thefollowing:

1. The reliability of the information indicating that evidence of a violation may bediscovered;

2. The existence of reasonable suspicion that such evidence will be discovered;

3. The individualization of the suspicion toward the person to be the subject of the

search;

4. The prevalence or seriousness of the problem to which the search is directed;

5. The exigency of the circumstances; and

6. In some circumstances, the student's history and record in school.

IV. DISCIPLINARY ACTION

If a search reveals grounds for a reasonable belief that a violation of a district policy, school rulesor regulations or the law has occurred, the student will be subject to disciplinary action as

provided by district policy.

V. POLICE SEARCHES


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School officials are obligated to cooperate with law enforcement authorities who are validlycarrying out their official duties. In such cases involving a student, the district shall make animmediate attempt to notify the student's parent, guardian, or custodian. The principal or

principal's designee shall attend the search if conducted on or about the school premises and shall

take any disciplinary action necessary as a result of the search.

LEGAL REF.:New Jersey v. T.L.O., 469 U.S. 325 (1985);Horton v. Goose Creek Independent School

Dist., 690 F.2d 470 (5th Cir. 1982), cert.denied, 103 S.Ct. 35 (1983); Tarter v. Raybuck,

742 F.2d 977 (6th Cir. 1984), cert. denied, 105 S.Ct. 1749 (1985)


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CONDUCT DISRUPTIVE BEHAVIOR JCB

A code of student conduct shall be adopted annually by the Board and provided to all teachers, schoolpersonnel, students and parents, legal guardians or custodians at the beginning of each school year. TheSuperintendent shall develop the code of conduct in consultation with principals, teachers, school

personnel, students and parents, legal guardians or custodians.

The School Safety Act of 2001 provides a procedure for disciplining students whose behavior, as

determined by the principal or designated administrator of each school, seriously interferes with theschool environment as defined by the Act. The Superintendent is authorized to develop and implementmore fully the following procedures in the school district. These provisions of the School Safety Act of

2001 are cumulative and in addition to existing school district discipline procedures.

The teacher is the authority in the classroom and, as such, is charged with classroommanagement. The administration will continue to support the teacher in decisions made in

compliance with the written discipline code of conduct, school policies and procedures.

"Disruptive Behavior" means conduct of a student that is so unruly, disruptive or abusive that it

seriously interferes with a school teacher's or school administrator's ability to communicate withthe students in a classroom, with a student's ability to learn, or with the operation of a school or aschool-related activity, and which is not covered by other laws related to violence or possession

of weapons or controlled substances on school property, school vehicles or at school-related

activities. Such behaviors include, but are not limited to foul, profane, obscene, threatening,defiant or abusive language or action toward teachers or other school employees; defiance,

ridicule or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of thedirections of a teacher. (See Policy JD.)

"Habitually disruptive" refers to such actions of a student which cause disruption in a classroom,

on school property or vehicles or at a school-related activity on more than two (2) occasionsduring a school year, and to disruptive behavior that was initiated, willful and overt on the part ofthe student and which required the attention of school personnel to deal with the disruption. (See

Policy JD.)

The school district may use video camera equipment in classrooms for the purpose of monitoring schooldisciplinary problems.


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FIGHTING JCBC

District policies governing student fighting are adopted by the School Board and published annually instudent handbooks as official policy statements of the school district.


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CARE OF SCHOOL PROPERTY/VANDALISM JCBD

Section 37-11-9 states that "if any pupil shall willfully destroy, cut, deface, damage, or injure any building,equipment or other school property he/she shall be liable to suspension or expulsion and his/her parents inloco parentis shall be liable for damages." Parents/guardians will be notified in writing of a student's

destruction or defacement of school property.

Also see Policy JC.


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UNLAWFUL OR VIOLENT ACTS JCBF

Any unlawful or violent act is absolutely prohibited on school property or during school-related activities.

DISCIPLINARY ACTIONS

A student shall be subject to automatic suspension and recommendation of expulsion by theSuperintendent or principal when there exist reasonable grounds to believe that a student has committed

an unlawful or violent act on school property, during school-related activities or otherwise when thecommission of the unlawful or violent act has or threatens a disruptive effect on the educational processor threatens the safety of the student or others. Such suspension pending expulsion or reassignment to the

alternative school program shall take effect immediately subject to the procedures of due process stated in

Policy JDE Expulsion.

Any student who possesses any controlled substance, a knife, handgun, other firearm or any other

instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act

on school property shall be subject to automatic expulsion by the Superintendent or principal of theschool in which the student is enrolled. Such expulsion shall take effect immediately subject to the

Constitutional rights of due process, which shall include the students right to appeal to the School Board.

REPORTING

All school employees shall report unlawful activities and violent acts in accordance with Policy JCBFA.

DEFINITIONS

An unlawful activity" means any of the following:

1. Possession or use of a deadly weapon;2. Possession, sale or use of any controlled substance;3. Aggravated assault;

4. Simple assault upon any school employee;

5. Rape;

6. Sexual battery;7. Murder;8. Kidnapping;

9. Fondling, touching, handling, etc., of a child for lustful purposes;10. Any violent act.

A violent act is one which results in or is an attempt to cause death or physical harm of another person.

School property includes any school building, bus, campus, grounds, recreational area, athletic field orother property owned, used or operated by the District.


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DISRUPTION TO THE EDUCATIONAL PROCESS

The Superintendent and principal of a school shall have the power to suspend a pupil for good cause,

including misconduct in the school or on school property, as defined in Section 37-11-29, on the road to

and from school, or at any school-related activity or event, or for conduct occurring on property other

than school property or other than at a school-related activity or event when such conduct by a pupil, inthe determination of the Superintendent or principal, renders that pupil's presence in the classroom adisruption to the educational environment of the school or a detriment to the best interest and welfare of

the pupils and teacher of such class as a whole, or for any reason for which such pupil might besuspended, dismissed, or expelled by the School Board under state or federal law or any rule, regulation

or policy of the school district. However, such action of the Superintendent or principal shall be subject

to review by and approval or disapproval of the School Board. If the parent, guardian or other personhaving custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such

parent, guardian or other person shall have the right to a due process hearing. The parent or guardian of

the child shall be advised of this right to a hearing by the appropriate Superintendent or principal and the

proper form shall be provided for requesting such a hearing. 37-9-71 (2000)

NOTE: MS Code Section 97-3-19 includes in the definition of capital murder "Murder which is

perpetrated on educational property as defined in Section 97-37-17."

LEGAL REF.: MS CODE 37-11-18; 37-11-29 (6); 43-21-605 (4); 37-9-71Mississippi Public School Accountability Standards CROSS REF.: Policies EBBA

School Safety PlanJCBF Reporting of Unlawful or Violent Acts

JCBJ Drugs and Alcohol

JCBH Gun-Free SchoolsJDE Expulsion


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Date Approved: July 8, 2004Date Revised: May 12, 2005

REPORTING OF UNLAWFUL OR VIOLENT ACTS JCBFA

REPORTING OF UNLAWFUL OR VIOLENT ACTS

District employees shall comply with all requirements imposed by law with regard to reporting unlawful or

violent acts which have or may have occurred on school property or during school-related activities or forwhich students have been expelled.

NOTIFICATION TO PRINCIPAL

Any school employee shall notify his/her principal immediately upon obtaining knowledge that one of the

following unlawful activities or a violent act has or may have occurred on school property or during aschool-related activity:

1. Aggravated assault, including but not limited to:

a. Assault resulting in serious physical injury; or

b. Assault involving use of weapon;

2. Assault on a school employee, simple or aggravated;

3. Destruction or vandalism of school employee's personal property;

4. Indecent liberties with a minor;

5. Possession of a firearm or other weapon;

6. Possession, use or sale of any controlled substance;

7. Rape;

8. Sexual battery;

9. Other sexual offense;

10. Murder or other homicide;

11. Kidnapping; or

12. Other violent act.

When an emergency situation exists and the principal is not available for immediate notification, the

employee shall immediately notify the appropriate central office administrator and, as soon as possiblethereafter, shall notify the principal.

NOTIFICATION TO SUPERINTENDENT

A principal receiving an employee's report or having personal knowledge of such acts shall immediate

section j - final

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