The Board of Education


The Fayette County School System is dedicated to providing the very best education possible for our students.  The Fayette County Board of Education believes that good discipline is based on training, responsibility, interest, and mutual respect.  The Board believes that acceptable behavior is essential to an effective school program.  The Board will consider any behavior or conduct occurring on school property or at any school-sponsored activity occurring off school property which interferes with learning and the proper maintenance of order and discipline to be offenses.



The Director of Schools


The Director of Schools shall be responsible for the overall implementation and supervision of the Board’s Code of Behavior and Discipline.  The Director shall ensure that the Code of Behavior and Discipline is uniformly and fairly applied to each student at each school without partiality or discrimination. 



The Principal


The principal of each school shall be responsible for implementation and administration in his/her school and shall apply the Code of Behavior and Discipline uniformly and fairly to each student at the school without partiality and discrimination.



The Staff


The staff is authorized to take reasonable measures to establish appropriate school behavior.  Any professional employee shall have the authority to control the conduct of any student while under the supervision of the school system.  This authority shall extend to all activities of the school, including all games and public performances of athletic teams and other school groups, trips, excursions and all other activities under school sponsorship and direction.


Reference:  Fayette County School Board Policy Manual (FCSBPM)   6.306; TCA 49-6-4102



Alternative School Program


The Board of Education shall operate an alternative school program for students in grades 6-12 or who are at least 11 years old who have been suspended or expelled from the regular school program.  The Director of Schools has the right to amend the minimum age or grade requirement on a case by case basis.


Reference: FCSBPM   6.319; TCA 49-6-3402



Student Attendance


Students shall comply with all school rules and the regulations of the school system.  Students shall be present each day school is in session.  Students shall obtain and complete make-up work in all subject areas covered during an absence.  Students that are placed on out-of-school suspension will not be allowed to make-up work missed.


Reference: FCSBPM   6.200



Student Dress Code


Students are expected to dress and appear in a manner that meets reasonable standards of health, cleanliness, and safety.  Guidelines for dress code are in the student handbook.


Reference: FSCBPM   6.310; TCA 49-6-4215



Student Behavior


Students shall comply with all school rules and the regulations of the school system.  Failure to comply with such rules and regulations shall result in punishment as may be prescribed by the teacher or principal.  Students shall not use violence, force, noise, coercion, threat, intimidation, fear, passive resistance or any other conduct which causes the disruption, interference or obstruction of any school purpose while on school property, in school vehicles or buses, or at any school-sponsored activity, function or event, whether on or off campus.  Neither shall she/he urge other students to engage in such conduct.  Students shall not possess, handle, transmit, use, or attempt to use any dangerous weapon on school property or at school sponsored activities.  Students shall address each other and adults in a language acceptable to all.  Profanity is prohibited.  All threats will be taken seriously.  Students should not make jokes about safety issues.  Students shall show respect to all adults employed by the Fayette County School System.


Reference:  FCSBPM   6.360;  TCA 49-6-3401



Discipline Management Plan


Offenses that are nonconducive to the appropriate application of the learning environment are listed below.  Such offenses, listed by category, include but are not limited to the following:


Level 1

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Disruptive/excessive talking

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Being out of an assigned seat

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Engaging in horseplay

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Chewing gum

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Lying or cheating

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Lack of class supplies

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Failure to do/turn in an assignment



Penalty:  Handled by classroom teacher.  (eg. non-verbal cues, proximity, an approved discipline document for the student to complete, withdrawal of privileges, parent conference, in-school suspension (ISS) ,detention



Level 2

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Documented continual Level 1 offenses

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Smoking/Possession of tobacco

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Possession of Unauthorized Cards

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Tampering with grades/forgery

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Refusal to obey an adult staff/faculty member

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Disrespect/open blatant defiance to an adult staff/faculty member

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Profanity/cursing

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Cutting class

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Leaving the school campus without permission

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Possession of obscene material

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Possession of fire-producing items

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Throwing dangerous items

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Possession of music producing item or video item

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Unauthorized possession/use of a personal communication device

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Tardy--more than 3 unexcused times in a semester

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Hazing to a fellow student that does not cause physical harm or irreparable mental anguish



Penalty:  Parent conference, counseling, suspension of extra-curricular activities, ISS, corporal punishment, out-of-school suspension (OSS)



Level 3

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Documented continual Level 2 offenses

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Extortion

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Fighting

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Damage to the property of others

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Misuse or minor damage to school property of less than $50.00

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Possession of a realistic looking toy gun/weapon

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Threatening bodily harm to another student

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Theft involving less than $50.00

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Gambling

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Sexual harassment

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Possession/Use of alcohol

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Tardy-more than 6 unexcused times in a semester

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Hazing to a fellow student that causes physical harm or mental anguish such as requiring mental health treatment



Penalty:  OSS, Alternative School placement



Level 4

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Documented continual Level 3 offenses

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Destruction of school property of $50.00 or more

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Evidence of belonging to a gang or indication of gang activity

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Immoral behavior

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Theft involving $50.00 or more

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Threatening an adult staff/faculty member

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Possession/Use of a weapon other than those defined as zero tolerance such as but not limited to; a knife, BB/pellet gun, brass knuckles, or other potentially lethal item intended to be used as a weapon



Penalty:  Alternative School placement, possible expulsion, criminal prosecution if applicable



Level 5

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A bomb threat

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Arson

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**Striking an adult staff/faculty member

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**Unlawful possession of any drug/drug paraphernalia

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**Possession of a firearm



Penalty  Expulsion, criminal prosecution if applicable, **zero tolerance of 180 days expulsion. 



The list of infractions of the Code of Behavior and Discipline is not intended to be exclusive or all inclusive.  All types of infractions may not be included; therefore, modifications will be made, if necessary, at the discretion of the school principal.  The principal will notify appropriate law enforcement officials in instances where state or federal laws have been violated as required by law.  In all instances, discretion or interpretation is left to the individual school principal, except in the case of zero tolerance infractions, to modify penalties wherever extenuating circumstances are determined to be present.  Zero tolerance offenses may be modified by the Director of Schools on a case by case basis.


Reference:  FCSBPM   6.313



Possible consequences for failure to obey the Code of Behavior and Discipline are listed below.


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            Verbal reprimand

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            Parent conference

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            Counseling

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            Suspension of extra-curricular activities.

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            In-school suspension

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            Detention

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            Corporal Punishment

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            Bus Suspension

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            Out of school suspension

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            Alternative School placement

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            Expulsion

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            Criminal prosecution (if applicable)

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            Referral to an appropriate agency (eg.  Police, Fire, Juvenile Court, Department of Children’s Service)




Out-of-School Suspensions


After a student has served an out-of-school suspension, the parent/guardian should expect to attend a parent conference before the student re-enters classes.



Due Process


Before school authorities administer disciplinary measures, reasonable inquiry shall be made to determine the truth of what happened.  The nature of this inquiry will vary in degree with the age of the student, seriousness of the offense, and the consequence attached thereto.



For minor offenses where corrective measures are taken by the classroom teacher, no formal procedure is required.  An inquiry into the incident to ensure that the offender is accurately identified, that he/she understands the nature of the offense, is allowed to make an explanation, and that he/she knew the consequences of the offense for which he is accused.



In case of a severe offense where there is a possibility of suspension, the student shall be advised of the nature of his/her misconduct, questioned about it, and allowed to give an explanation.



If the principal determines that the offense is of such nature that the student’s continued presence would be detrimental to the school or persons within the school, he/she shall be placed on out of school suspension or remanded to the Alternative School whichever is deemed appropriate.  The student has a right to a hearing before the Disciplinary Hearing Authority for a long term out of school suspension (in excess of 10 days) or upon placement at the Alternative School.  The procedure is as follows:


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    Written or actual notice is given to the parent or guardian of the reason for the suspension or remandment and the right to appeal the principal’s decision

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    Written or actual notice to the student of the right to appeal

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    Written or oral request for an appeal within five(5) days after receipt of the notice




Any student that receives Special Education Services will receive the appropriate disciplinary measures, due process, and educational services in accordance with the current Rules, Regulations, and Minimum Standards of the State Board of Education, and state, and federal law.  TRR/MS 0520-1-3-.09(3)(b), TCA 490-10-101 et. seq., and Education of Individuals with Disabilities 20 U.S.C. Sections 1400-1485. Section 504 of the Rehabilitation Act of 1973.


Reference: FCSBPM   6.302; 6.317; 4.202



Zero Tolerance Policy


In order to ensure a safe and secure learning environment free of drugs, violence and dangerous weapons, any student who engages in the following behaviors will be subject to suspension for a period of not less than one (1) calendar year.  The Director of Schools  shall have the authority to modify this suspension requirement on a case-by-case basis.


Zero-tolerance acts are as follows:


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    Any student who while on a school bus, on school property or while attending any school event or activity:

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    brings or has unauthorized possession of a firearm; as defined in 18 U.S.C. 921

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    unlawfully brings or possesses any drug or drug paraphernalia including any controlled substance as defined in TCA 39-17-403 through 39-17-415, or legend drug as defined by TCA 53-10-101

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    commits battery upon any teacher, principal, administrator, any other school employee or school resource officer



Reference: FCSBPM No. 6.316; TCA 49-6-3401(g); Student and Employee Safe Environment Act of 1996



Discrimination/Harassment of Students


Students shall be provided a learning environment free from sexual, racial, ethnic, and religious discrimination/harassment.  It shall be a violation for any student to discriminate against or harass a student through disparaging conduct or communication that is sexual, racial, ethnic, or religious in nature.  Student discrimination/harassment will not be tolerated.  Discrimination/harassment is defined as conduct, advances, gesture or words either written or spoken of a sexual, racial, ethnic or religious nature which:


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Unreasonably interfere with the student’s work or educational opportunities; or

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Create an intimidating, hostile or offensive learning environment; or

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Imply that submission to such conduct is made an explicit or implicit term of receiving grades or credit; or

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Imply that submission to or rejection of such conduct will be used as a basis for determining the student’s grades and/or participation in a student activity.



Alleged victims of sexual, racial, ethnic and religious discrimination/harassment shall report these incidents immediately to a teacher, counselor or building administrator.  Allegations of discrimination/harassment shall be fully investigated by a complaint manager (as set forth in Student Concerns, Complaints and Grievances 6.3041)  (Note: Contact the Fayette County Board of Education for the current Complaint Manager)


Reference:  FCSBPM   6.304; 6.305; Title IX, Education Amendment of 1972, 20 U.S.C. ¤ 1681, et seq.



Corporal Punishment


Any principal, assistant principal, or teacher may use corporal punishment in a reasonable manner against any student for good cause in order to maintain discipline and order within the public schools in accordance with the following guidelines:


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Corporal punishment shall be administered only after other less stringent measures have failed, or if the conduct of a student is of such nature that corporal punishment is the        only reasonable form of punishment under the circumstances;

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The instrument to be used in administering corporal punishment shall be approved by the principal;

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Corporal punishment shall be reasonable;

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Corporal punishment shall be administered in the presence of another professional employee;

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The nature of the punishment will be such that it is in proportion to the gravity of the offense, the apparent motive and disposition of the offender, and the       influence of the offender’s example and conduct on others; and

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In determining the use and degree of corporal punishment, consideration will be given to the age, sex, size, physical and emotional condition of the child.


Reference:  FSCBPM   6.314, TCA 49-6-4103, Ingraham v. Wright, 430 U.S. 651 (1977)



Disciplinary Records


A disciplinary record shall be maintained and shall contain the name of the student, the type of misconduct, the type of corporal punishment administered, the name of the person administering the punishment, the name of the witness present and the date and time of punishment.


Reference:  FSCBPM   6.314, TCA 10-7-504(b)



School Records


A cumulative record shall be kept for each student enrolled in school.  The folder shall contain a health record, attendance record, and scholarship record; shall be kept current; and shall accompany the student through his/her school career.


The name used on the record of the student entering the school system must the same as that shown on the birth certificate, unless evidence is presented that such name has been legally changed.  If the parent does not have, or cannot obtain a birth certificate, then the name used on the records of such student will be as shown on documents which are acceptable to the system as proof of date of birth.


Reference:  FCSBPM   6.600; TCA 10-7-504; 20 U.S.C. ¤1242



Student Records/Annual Notification of Rights


At the beginning of the school year, the school system will notify parent(s) of students and eligible students (students 18 years old or enrolled in a post-secondary school, at which time all of the above rights become the student’s rights) of each student’s privacy rights.  For students enrolling after the above period, this information will be give to the student’s parent(s) or the eligible student at the time of enrollment.


The notice will include the right of the student’s parent(s) or the eligible student to:


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Inspect and review the student’s education records;

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Seek correction of items in the record which are believed to be inaccurate, misleading or in violation of the student’s rights, including the right to a hearing upon request;

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File a complaint with the appropriate state or federal officials when the school system violates laws and regulations relative to student records;

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Obtain a copy of this policy and a copy of such educational records;

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Exercise control over other people’s access to the records, except when prior



written consent is give, or under circumstances as provided by law or regulations, or where the school system has designated certain information as “directory information.” (Policy Number 6.601)  Parent(s) of students or eligible students have two weeks after notification  to advise the school system in writing of items they designate not to be used as directory information.  The records custodian will mark the appropriate student records for which directory information is to be limited, and this designation will remain in effect until it is modified by the written direction of the student’s parent(s) or the eligible student.


Reference:  FCSBPM   6.601; 34 CFR ¤ 99.7; TCA 10-7-504; 20 U.S.C.A. 1232g(a)(5) (A)(B); TCA 49-6-406; 20 U.S.C.A. 1232g(2)(c)(d)



Posting of Code of Behavior and Discipline


An abbreviated posting of the Code of Behavior and Discipline will be placed in each school.  This Code will also be given to each parent, teacher, administrative staff, and school counselors at the beginning of the school year.  The complete version of the Code will be kept in each school office for viewing at any time.


Reference:  Student and Employee Safe Environment Act of 1996; TCA 49-6-4011, et. al.



Notes:


The policy numbers and TCA code numbers are for reference purposes.  Please refer to the Fayette County School Board Policy Manual and to the Tennessee Code Annotated to read the complete policy or code for any area addressed above.