Saluda County School District

Update 8/2023

Saluda County Schools

The Student Behavior Code Handbook

Primary and Elementary – (Grades 3K – 5th)

Saluda Primary School

Saluda Elementary School

Hollywood Elementary School

Student’s Name: _____________________________________

School: ____________________________________________

Page: 1

Saluda County Schools

The Student Behavior Code

TABLE OF CONTENTS PAGE

The Student Behavior Code ……………………………………………...…..……………..…….2

Format of Information……………….……………………………………….………….…….…..3

Chapters

1. Middle and High School (grades 6-12)……………………………….…..…..….34-16

2. Truancy…………………………………………………………………..………..…17

3. School Bus Safety Rules…………………..……………....………..………….…18-20

4. General Procedures for School Suspension of Students

and

General Procedures for School Suspension of Students

with Disabilities……………………..……………….….……………......…...…..21-27

5. Student Disciplinary Appeal Process for Infractions in School

and

Student Disciplinary Appeal Process for Infractions on School

Buses or School Vehicles………………...………….……….……….………......28-32

6. Re-admission……………………………….……………….…….…….…...……33-35

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THE STUDENT BEHAVIOR CODE

In order to maintain an appropriate educational climate, it may be necessary to apply disciplinary sanctions to students, including their removal from the learning environment. These sanctions will occur only for good cause and in accordance with applicable state and federal laws.

The following regulations are designed to protect all members of the educational community in the exercising of their rights and responsibilities. Students and parents are encouraged to become familiar with the rules and regulations contained in this booklet.

These regulations are effective during the following times and places:

● On school grounds before, during or after school hours.

● On school grounds at any other time when the school is being used by a school group.

● Off the school grounds at any district, school and/or school-related activity, function, or event.

● At the school bus stop, on the school bus, and any other school vehicle (which include school bus safety rules).

● At any time or in any place (including off school grounds and during non-school hours) where student conduct has a direct effect on the school's ability to maintain an orderly and safe learning environment.

Restitution of school and/or district property and damages committed thereof will be sought by the school and/or district.

In determining whether a student has violated the Behavior Code, the principal or his/her designee will consider all the facts and circumstances of the particular situation and may consider, but will not be limited to, verbal and/or written statements of admission; witness statements from others; video surveillance, et al. Administration reserves the right to apply any consequence to any level of infraction based on the circumstances surrounding the incident.

If you have any questions, please talk with your child’s principal or call the District Hearing Officer.

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FORMAT OF INFORMATION

Behaviors are listed in four categories of offenses, with Category I being considered the least serious. Offenses in Category II are considered more serious and those in Category III are considered even more serious. Offenses in Category IV are the most serious. However, repeated offenses in a lower category can lead to severe disciplinary actions.

The Student Behavior Code is a district-wide system.

Behavior Interventions when applicable:

Below is a list of interventions that may be used when warranted according to the situation. All behavior interventions used are up to the discretion of the administrator:

● Parent Contact

● Teacher Conference

● Administrative Conference

● Restorative Practices

● Positive Behavior Intervention Supports

● School Based Counseling Referral

● Behavioral Health Counseling Recommendation

● Referral to Outside Agency

● Referral for Services

● Mentor Assignment

● Behavior Plan

● Behavior Contract

● Schedule Change

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Chapter 1

Primary and Elementary Schools – (Grades 3K - 5th)

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CATEGORY I OFFENSES:

Acts considered as Category I Offenses include, but are not limited to, the following:

101. Lying or giving false information either verbally or in writing to a teacher, administrator, or school staff member. Examples: Deliberate forgery of parent/educator signatures or changing/deleting information sent home by the school to the parent. Making false accusations about a staff member also falls within this section. (PS Code 006 or 011)

102. Failure to properly identify self or present school identification when requested to do so. Failure to properly display a school ID while on the school bus falls within this category, also. (PS Code 006/360)

103. Persistent disobedience. (PS Code 270)

104. Class disruption or disruption of school activities or environment, including school bus.

(PS Code 007/030/340/400)

105. Inappropriate physical contact or horseplay, including, but not limited to, pushing, shoving, or running. (PS Code 014/022/024/405)

106. Possession of fireworks, live ammunition, or other incendiary devices. (This includes stink/smoke bombs and vials of noxious gases/liquids.) (PS Code 004/010)

107. Unauthorized or inappropriate use of school equipment, including, but not limited to, computers. (PS Code 020/023)

108. Using an electronic device (i.e., pager, beeper, cell or mobile telephone) during school hours. All devices must be turned off and not visible during school hours. (PS Code 330/390)

109. Excessive tardiness or early dismissals. (PS Code 180)

110. Missing detention. (PS Code 005/271)

111. Hazing. (PS Code 012)

112. Possession, sale or distribution of unauthorized materials at school. (PS Code 018)

113. Harassment. (PS Code 012)

114. Violation of parking and driving regulations. (PS Code 300/305)

115. Violation of cafeteria rules. (PS Code 017)

116. Violation of health room rules. All medication (to include over the counter drugs such as

Benadryl, Tylenol, etc. or personal prescriptions) brought to school by a student must be in the original container, labeled appropriately and administered by the school nurse. Exceptions under a physician’s order are managed by the school nurse.

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(PS Code 008/031)

117. Failure to sign in or sign out from school in the office when required. (PS Code 150)

118. Being in an unauthorized area or inappropriate use of facilities. This includes

student and school personnel’s personal property. (PS Code 023/200/240)

119. Inappropriate display of affection between students. (PS Code 015)

120. Unauthorized use of locker. (PS Code 023)

121. Cheating. (PS Code 190)

122. Unauthorized possession or use of any electronic entertainment/wireless communication device not related to instruction on school grounds or school bus during school hours.

(PS Code 390)

123. Possession/use of annoyances at school or on the bus such as laser lights, water pistols,

water balloons, whistles, etc. (PS Code 390)

124. Possession of or use of skateboards, rollerblades, skates or scooters. Skating is not allowed on any school campus at any time including during school hours or in any prohibited area, during an after school activity or in the immediate proximity of parked vehicles. (PS Code 390)

125. Unauthorized card playing. (PS Code 390)

126. Throwing rocks or other objects. (PS Code 028)

127. Littering school property. (PS Code 370)

128. Dress code violations. (PS Code 280) See Appendix

129. Violation of safety rules. This includes propelling objects (i.e. rocks, spitballs, or food items, etc.) and science lab rule violations. (PS Code 017/028)

130. Profanity/obscene gesture directed toward another student or directed toward no one in particular. (PS Code 210/290)

131. Failure to obey a staff member. (PS Code 270/275)

132. Disrespect to others, (i.e., verbal ridicule, pulling wedgies, ankling, zipping, etc.). [Ankling or zipping is defined as pulling down the pants of another.] (PS Code 017)

133. Wearing items or clothing that could pose a safety threat to one's self or others (heavy chains not made as jewelry, studded bracelets/collars, nose/lip-to-ear chains, etc.).

(PS Code 280)

134. Failure to attend/complete Saturday detention, after school detention, or in-school suspension. (PS Code 005/271)

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135. Aiding and/or abetting another student(s) who is committing any rule violation.

(PS Code 001)

136. Failure to return signed contract or violation of a behavior contract. (PS Code 021/430)

137. Any behavior or act that interferes with the safe operation of a school bus

(including violation of school bus safety rules listed in the chapter, School

Bus Safety Rules). (PS Code 340)

138. Planning or creating a situation that may lead to a rule violation. (PS Code 017/020)

139. Cell phone/wireless communication devices (WCDs) violation, first offense, or other

minor violations such as the use of social media during school hours.

(PS Code 002/330)

140. Truant - A child ages 6 - 17 years old, who has accumulated three

consecutive unlawful absences or a total of five unlawful absences. (PS Code 151/154)

141. Creating a disruption by spraying or applying cologne, deodorant, body spray or any

other type chemicals or aerosols; pump spray, or lotion (007/020)

CONSEQUENCES FOR STUDENTS WHO COMMIT A CATEGORY I OFFENSE WILL BE AS FOLLOWS:

Consequences for students who commit any Category I Offense are determined by the

principal/designee and will be as follows:

Level of Offenses

1st Offense -- warning, detention, or in-school suspension, parent/legal guardian notification

2nd Offense -- one (1) to two (2) day(s) in-school suspension parent/legal guardian notification

3rd Offense -- three (3) to five (5) days in-school suspension/ parent/legal guardian notification

4th Offense -- one (1) to two (2) days(s) out-of-school suspension/parent/legal guardian

notification/request conference

5th Offense -- three (3) to five (5) days out-of-school suspension and/or referral to the Hearing Officer, parent/legal guardian conference

A. Students may be placed on a behavior contract for repeated offenses(s). If it is violated, expulsion may be recommended.

B. In determining whether or not a student violated the discipline code, the principal or

his/her designee will consider all the facts and circumstances of the particular incident.

C. Students who inappropriately use video cameras, video phones or other recording devices

are subject to violation of the privacy act and can be assigned school and bus

consequences.

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D. Restitution of property and damages where appropriate will be sought by the school or the

district.

E. Students who are suspended from school immediately forfeit the opportunity to ride school buses or other school vehicles for the duration of the suspension.

F. First Offense Cell phone/wireless communication devices (WCDs) violation

(Level 1 Offense: Warning)

The student will receive a written warning. The WCD will be confiscated and secured until the student’s parent/legal guardian attends a conference with an administrator. During the conference, the WCD policy will be reviewed with the parent/legal guardian and the student. All parties will sign documentation of the conference. Said documentation will be placed in the student’s discipline folder. The WCD will be returned to the parent/legal guardian on the day of the conference.

CATEGORY II OFFENSES:

Acts considered as Category II Offenses include, but are not limited to the following:

201. ** Possession or transfer of stolen property (school or personal). (PS Code 006)

202. Planning and/or organizing and/or instigating and/or participating in an activity that

causes substantial disruption to the educational program. (560)

203. * Unauthorized entry to school building or property (this includes school sponsored events). (PS Code 200/750)

204. Gambling, including games of chance for money or profit. (PS Code 630)

205. * Possession or transfer of tobacco, tobacco products or paraphernalia, including

but not limited to e-cigarettes, hookahs, e-hookahs, vape pens, vape pipes, and vapor

cigarettes. (PS Code 004/230)

206. * Tampering with, changing or altering records or documents of the school or

district by any method, including, but not limited to, computer access or other

electronic means. (PS Code 220/700)

207. Creating or participating in a classroom disturbance that interferes with the instructional process. (PS Code 007)

208. Cutting class or school. (PS Code 150/160/170)

209. Leaving or attempting to leave school grounds without permission, whether or not the school day has actually begun. (This includes unauthorized driving/riding to an off campus class.) (PS Code 170/310)

210. Walking out of a class (without teacher approval). (PS Code 170/320)

211. Provoking or simulating a fight. (PS Code 407/700)

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212. * Intentional creation of, online use of and/or downloading of materials using a computer which would not be permissible in the schools in any other form. (This includes email, all forms of social media and unauthorized mobile apps). (PS Code 220)

213. * Unauthorized storage and/or loading of a computer program, system or data file. This may also be a copyright violation and as such is subject to copyright laws.

(PS Code 220)

214. * Unauthorized access or duplication of computer programs, systems or data files.

(PS Code 220)

215. * Use of any computer access accounts other than those assigned to the individual.

(PS Code 220)

216. Failure to successfully complete an alcohol or drug counseling after mandatory

referral. (PS Code 430)

217. Unauthorized striking or lighting a match/lighter or igniting caps or use of poppers on school property. (PS Code 004/010/390)

218. Possession/distribution of pornographic or obscene material. (PS Code 018/710)

219. * Inappropriate sexual gesture(s) and/or behavior. (Examples: sexually suggestive

language, movements, writings, drawings, and sexting) (PS Code 017/025)

220. Possession of lighter or matches. (PS Code 390)

221. *Vandalism or theft of school or personal property where value is less than $50.00.

(PS Code 670/760)

222. Cell phone/wireless communication devices (WCDs) violation, second offense,

inappropriate or unauthorized posting on social media using a phone, mobile device

and or using school Wi-Fi. (PS Code 330)

223. Habitual Truant - A child ages 12 - 17, that has failed to comply with an intervention plan

and accumulates 2 or more additional unlawful absences. (PS Code 152/154)

224. Participation in gangs/gang-related activity. (PS Code 250)

______________________________________________________________________

LAW ENFORCEMENT INVOLVEMENT

Some acts may also result in the involvement of law enforcement. These acts are denoted

with asterisks and indicate the following:

1 star (*) = Law enforcement may be contacted after investigation of the situation.

2 stars (**) = Law enforcement will be contacted and charges may be filed.

All fights will be reported to law enforcement, regardless of denotation.____________________

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CONSEQUENCES FOR STUDENTS WHO COMMIT A CATEGORY II OFFENSE WILL BE AS FOLLOWS:

The following consequences for high school students will be assigned for all Category II Offenses.

Level of offenses

1st Offense -- Saturday morning detention, detention, work detail, and/or in-school suspension, parent/legal guardian notification

2nd Offense -- Up to two (2) days in-school suspension/parent/legal guardian notification

7.

3rd Offense -- Up to two (2) days out-of-school suspension, parent/legal guardian notification and request conference

4th Offense -- Up to four (4) days out-of-school suspension, parent/legal guardian notification and request conference

5th Offense -- Recommend for expulsion, parent/legal guardian conference

A. Restitution of property and damages where appropriate will be sought by the school or the district.

B. Students may be placed on a behavior contract for repeated offense(s). If it is violated, expulsion may be recommended.

C. Students who are suspended out-of-school immediately forfeit the opportunity

to ride school buses or other school vehicles for the duration of the suspension.

F. Second Offense (Level 2 Offense: Possession of a WCD)

The student will receive two days of in-school suspension and the device will be confiscated and returned to the student’s parent/legal guardian.

CONSEQUENCES FOR GANG OR GANG-RELATED ACTIVITY:

Consequences for students who commit the offense of participation in gangs or

gang-related activity will be as follows:

1st Offense -- Up to five (5) days out-of-school suspension; Parent/legal guardian, student, and administrative conference

2nd Offense -- Up to ten (10) days out-of school suspension and the student may be recommended for expulsion

3rd Offense -- Recommend for expulsion

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CATEGORY III OFFENSES:

Acts considered as Category III Offenses include, but are not limited to, the following:

301. ** Vandalism, theft, or embezzlement of personal or school district property where value is $50.00 or more. (PS Code 590/670/760)

302. ** Making serious threats or intimidating a staff member or any other person authorized by the school to supervise students. (PS Code 027/650)

303. * Trespassing. (PS Code 750)

304. Being on any school property or present at any school-sponsored event while under suspension. (PS Code 750)

305. ** Detonating (in any way causing to go off) fireworks, incendiary devices, smoke and/or stink bombs or other noxious gas devices. (PS Code 010/020)

306. ** Selling, possessing, transferring or using items represented as being illegal, controlled substances, prescription drugs or over the counter drugs without regard to amount.

(PS Code 004/570/575/580)

307. ** Selling, possessing, transferring or using items that are substantially similar in color, shape, size, or markings to a controlled substance, i.e., Wizard Smoke, etc.

(PS Code 004/570/575/580)

308. ** Physical assault of a student. (PS Code 510/520)

309. ** Possession of a knife with a blade two inches or less, (the blade will be measured from tip to base), starter pistol, replica weapon/device, or bat. This does not include a baseball bat that has been approved for recreational purposes in the high school.

(PS Code 789)

310. ** Possession of any item of drug paraphernalia. (PS Code 004)

311. ** Use of any item not generally considered as a weapon but USED as a weapon to inflict bodily harm. Such items include, but are not limited to, a knife with a blade two inches or less, starter pistol, replica weapon/device, paintball gun, or bat.

(PS Code 390/789)

312. ** Possession or use of mace or pepper gas or spray. (PS Code 390/789)

313. ** Sexual harassment. (PS Code 013)

314. ** Indecent exposure. (PS Code 019)

315. ** Health code violation (including any bodily fluid such as, but not limited to biting,

spitting, blood, feces, and or urination in a public or inappropriate location).

(PS Code 003/017/029/700).

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316. ** Unauthorized and deliberate tampering with a computer setup. Examples: Switching cables, disabling fans, deliberately introducing a virus, etc… (PS Code 220)

317. ** Unauthorized and deliberate tampering, deletion, OR destruction of any computer programs, systems or data files. (PS Code 220)

318. Disrespect to a teacher or staff member or other adult approved by the school to supervise students, including volunteers and/or causes a major disruption. (PS Code 017/020)

319. Failure to successfully complete an alcohol/drug program as assigned for #306.

(PS Code 271)

320. ** Fraudulent request for emergency services. (PS Code 620)

321. ** Fighting, required adult physical intervention before stopping. (PS Code 009)

322. ** Simple assault. (PS Code 510/520)

323. Refusal to obey school or district administrator. (PS Code 270)

324. ** Use of tobacco or tobacco products or paraphernalia, including

but not limited to e-cigarettes, hookahs, e-hookahs, vape pens, vape pipes, and vapor

cigarettes. (PS Code 230)

325. **Planning and/or organizing and/or instigating and/or participation in an activity

that may lead to a crime or causes a substantial disruption to the education program.

(PS Code 560/700)

326. Refusal to obey a staff member or any other adult authorized by the school to supervise

students. (PS Code 270)

327. Engaging in verbal or written abuse, name calling, (i.e., ethnic or racial slur or derogatory statements about sexual orientation), intentionally addressed publicly to others that may disrupt the school educational program or incite violence. (PS Code 016/017)

328. **Threatening, bullying, hazing, or intimidating students, staff members, or any other adults designated by the school to supervise students including volunteers also to include electronic communication, cyber-bullying, and social media. (PS Code 027/650/651/652)

329. Profanity, obscenity/obscene gesture, racial or ethnic slurs directed to a staff member or to any adult authorized by the school to supervise students, including volunteers.

(PS Code 210/290)

330. Cell phone/wireless communication devices (WCDs) violation, third offense.

(PS Code 330)

331. Chronic Truant - A child, ages 12 - 17, who has been through the intervention process,

and is under court order to attend school and continues to accumulate unlawful absences. (PS Code 153/650)

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332. Bribery or extortion or attempting to extort through threat of force. (PS Code 600)

333. Posting on social media either on or off campus that creates a disturbance or threatens to

create a school disruption or incite others. (020)

LAW ENFORCEMENT INVOLVEMENT

Some acts may also result in the involvement of law enforcement. These acts are denoted

with asterisks and indicate the following:

1 star (*) = Law enforcement may be contacted after investigation of the situation.

2 stars (**) = Law enforcement will be contacted and charges may be filed.

All fights will be reported to law enforcement, regardless of denotation.____________________

CONSEQUENCES FOR STUDENTS WHO COMMIT A CATEGORY III OFFENSE WILL BE AS FOLLOWS:

Level of Offenses

1st Offense -- up to eight (8) days suspension from school or immediate recommendation for

expulsion, parent/legal guardian conference

2nd Offense -- immediate suspension from school with a recommendation for expulsion,

parent/legal guardian conference

A. Students who are suspended out-of-school immediately forfeit the opportunity

to ride school buses or other school vehicles for the duration of the suspension.

B. Restitution of property and damages where appropriate will be sought by the school or district.

C. In determining whether a student is under the influence of drugs or alcohol, the student's appearance or manner, their behavior and/or the presence of an alcohol odor, as well as statements made by the student as to consumption of alcohol or drugs, will be considered.

D. Any student who violates the alcohol, inhalants or controlled and/or illegal substance rule will be suspended from participation and attendance in any and all extracurricular

activities for 30 school days. These 30 days will carry over into the next school year if the

violation occurs near the end of the current school term. These 30 days begin when the

student begins suspension. [Student may attend summer school but will not be permitted

to participate in any extracurricular activities.]

E. Students who commit alcohol, drug, or sexually related violations will be referred to an appropriate counseling program. Parents/guardians will be responsible for all expenses incurred.

F. Failure to successfully complete an approved counseling program may result in

additional disciplinary action. Upon re-entry the student must present appropriate

documentation of successful completion of the program. An alternative 8-10 week alcohol and other drug programs must be approved by the District Hearing Officer.

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G. Third Offense (Level 3 offense: Failure to follow administrative directive)

The student will receive five-days of out-of-school suspension and the device will be confiscated and returned to the student’s parent/legal guardian.

CATEGORY IV OFFENSES:

Acts considered as Category IV Offenses include, but are not limited to, the following:

401. ** Possession, transfer or use of a firearm. (PS Code 789)

402. ** Possession, transfer or use of a prohibited weapon other than a firearm including

a knife with a blade over two inches, BB gun, paintball gun, pellet gun, air-soft pistol, razor, razor blade, martial arts throwing star, and metal knuckles, and any other defensive device. Box cutters and utility or X-Acto knives containing any size blades are also considered a violation of this section. (PS Code 789)

403. ** Possession, transfer, distribution, use in any amount, or being under the

influence of alcohol, marijuana (including marijuana seeds and oils), hallucinogenic drugs, inhalants, or any other controlled or illegal substance. Since alcohol consumption is illegal by minors, consumption of any amount of alcohol will constitute a violation of this section. This includes being present on district/school property or at any school-

sponsored event after using any amount of these substances. (PS Code 570/575/580/680)

Note: In determining whether a student is under the influence of drugs or alcohol, the student's appearance, manners, behavior and/or the presence of an alcohol odor, as well as statements made by the student and/or witness(s) as to consumption of alcohol or drugs,will be considered.

404. ** Sexual assault. (PS Code 610)

405. ** Assault of a staff member or any other adult designated by the school to supervise students, including volunteers. (PS Code 510/520)

406. **Arson, which is the intentional damage of school property, or attempted arson

of school property. (PS Code 500)

407. ** Communicating a threat of a destructive device or weapon in nature: communicating, writing, threatening, or transmitting to a person or school facility that there is, or will be, a destructive device, bomb, shooting, or dangerous event, with the intent of intimidating, threatening, or interfering with government functions or school activities; or, harboring one who is guilty of this offense. (PS Code 020/260/560/700)

408. ** Possession or transfer of dangerous explosives, plastic explosives, or chemical reaction-type and pipe bomb materials including, but not limited to, Molotov cocktails and dynamite. (PS Code 390/700)

409. ** Active participation in an act of mob violence, to include lynching. A mob is described as two or more people. (PS Code 700)

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410. ** Unauthorized tampering with security, fire, access control or surveillance system or alarms. (PS Code 350)

411. ** Participating in sexual conduct/activity, which also includes compromising situations and circumstances. Such conduct may involve only the individual student or may involve other people whether consensual or not. (PS Code 025/690)

412. ** Burglary to a school, portable classroom, school district building, or any structure on

school district property. (PS Code 540)

413. ** Theft of, auto-break in, or unlawful entry into a motor vehicle on school property or

into a school district vehicle at any location. (PS Code 700/770)

414. Violation of district level behavior contract. (PS Code 380/430)

415. Cell phone/wireless communication devices (WCDs) violation, fourth offense.

(PS Code 330)

416. **Homicide. (PS Code 640)

417. ** Posting on the internet or social media, on or off campus, any statement that threatens,

intimidates, or implies a threat to students, staff, or educational facilities. This includes any photos of students in embarrassing, sexual or inappropriate situations, that could lead to the disruption of the school. (560/650/651/652)

418. **Any other behavior, whether on or off campus, that threatens the safety of students or

staff members (regardless of where behavior takes place) or disrupts the operation or function of the school. This does include but is not limited to kidnapping/abduction, robbery, non-forcible sex, other serious offenses and coming on school/district property after consuming non-prescribed controlled substances and/or illegal drugs.

(PS Code 660/690/700/730)

419 **Prostitution and/or soliciting prostitution. (PS Code 720)

_____________________________________________________________________________

LAW ENFORCEMENT INVOLVEMENT

Some acts may also result in the involvement of law enforcement. These acts are denoted

with asterisks and indicate the following:

1 star (*) = Law enforcement may be contacted after investigation of the situation.

2 stars (**) = Law enforcement will be contacted and charges may be filed.

All fights will be reported to law enforcement, regardless of denotation.___________________

Page: 16

CONSEQUENCES FOR STUDENTS WHO COMMIT A CATEGORY IV OFFENSE WILL BE AS FOLLOWS:

A. Students will be suspended from school immediately with a recommendation for expulsion from school. During the investigative period, high school students may be suspended from school for up to 3 school days pending a possible recommendation for

expulsion. Once the investigation has been completed, the principal shall meet with the

student and his/her parent/guardian to discuss the results of the principal’s investigation

and to provide the student the opportunity to present his/her defense to the matter. At the

conclusion of that meeting, the principal shall inform the student whether he/she intends

to proceed forward with the recommendation for expulsion.

B. Whenever these offenses are committed, law enforcement will be called and charges (juvenile petition or warrant) will be filed against the perpetrator. In some cases, law enforcement’s decision whether to press criminal charges for weapons or drugs may require possession of that item on the person. In all such cases, the school administrator will still contact law enforcement and file an incident report.

C. Restitution of property and damages where appropriate will be sought by the school or district.

D. Students who commit alcohol, drug, or sexually related violations will be referred to an appropriate counseling program. Parents/guardians will be responsible for all expenses incurred.

Failure to successfully complete an approved counseling program may result in

additional disciplinary action. Upon re-entry the student must present appropriate

documentation of successful completion of the program. An alternative 8-10 week

alcohol and other drug programs must be approved by the District Hearing Officer.

E. Students who are expelled for possession of a firearm and/or explosives will be subject to the federal and state laws.

F. Students who are suspended out-of-school immediately forfeit the opportunity

to ride school buses or other school vehicles for the duration of the suspension.

G. Items confiscated will be turned over to law enforcement.

H. Fourth Offense (Possession of WCD)

The student will be suspended up to eight days or recommended for expulsion. The student will lose all communication device privileges for the remainder of the school year. The device will be confiscated and returned to the student’s parent/legal guardian.

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Chapter 2

Truancy Policy

Level 1 - Truant is defined as “A child, at least 6 but not yet 17 years old, who has accumulated three consecutive unlawful absences or a total of five unlawful absences.” When a child is found to be Truant, an Attendance Intervention Plan will be developed between the child, the parents, and the school. The possible placement in SOA for students reaching the level of Habitual Truant will be written in the “Actions to be taken by School Personnel” section of the Attendance Intervention Plan. (PS Code 151/154)

Level 2 - Habitual Truancy is defined as “A child, at least 12 but not yet 17 years old who (1) fails to comply with the intervention plan developed by the school, the child, and the parents or guardians, and (2) accumulates two or more additional unlawful absences.” (PS code 152/154)

**When a child reaches the level of Habitual Truant, a meeting will be held between the child, the parents, the truancy officer and the building principal. The truancy officer in conjunction with the building principal will inform the student and parents if the student will be placed in Saluda Opportunity Academy due to reaching the level of Habitual Truant after not meeting the conditions set forth in his/her Attendance Intervention Plan. The length of the placement at SOA will be at least the remainder of the school year or more, depending on the student’s attendance patterns and academic/behavioral performance while at SOA. Continued Truancy after placement at SOA will result in a referral to Family Court. When a student student who is truant transfers in from another school district use PS Code 154.

Level 3 – Chronic Truant occurs when a child fails to follow the School Attendance Order and continues to have unlawful absences, the child will be considered a Chronic Truant. The child can be placed on probation or required to enter a Department of Juvenile Justice Institution. Also, the parents may be fined up to $50 or imprisoned for up to 30 days. (PS code 153/154)

The school may also ask the Family Court to hold the parent or the child in contempt of court for failure to follow the School Attendance Order. The school must attempt to assist parents and children with following the School Attendance Order before asking the Family Court to hold them in contempt. (https://www.scbar.org/public/get-legal-help/common-legal-topics/truancy/)

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Chapter 3

School Bus Safety Rules

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The School District’s Student Behavior Code will be enforced upon the student’s arrival at the bus stop for pick up and drop off at the bus stop to return home

The following school bus safety rules must be followed at all times while on a school bus, activity bus, or any other district vehicle used to transport students to or from school, sports programs, and other school and/or district sponsored events. There will be consequences for any violation of these rules and additional school consequences may be applied. The list of rules below should not be considered all inclusive.

SCHOOL BUS SAFETY RULES

Students must:

1. be at the bus stop 5 minutes prior to the scheduled pick-up time.

2. follow the directions of the driver.

3. board and exit the bus at their designated stop or school.

4. present ID while on bus, if requested.

5. keep anatomy part(s) inside the window.

6. keep your feet, body, and bags out of the aisle.

7. talk quietly. Avoid loud, boisterous behavior including singing, clapping, stomping, or yelling.

8. go directly home after exiting the school bus.

Students must not:

9. have glass containers on the bus.

10. stand while the bus is in motion (includes while making a stop).

11. ride any bus not authorized to ride.

12. ride any bus during a suspension of bus privileges.

13. hold onto the bus from the outside or pass items in or out of the bus window.

14. block the aisle with band instruments or book bags.

15. exhibit any behavior that disturbs students or the driver.

16. tamper with the emergency exits or any other part of the bus equipment, including fire extinguishers and first aid equipment unless there are reasonable grounds to believe that an actual emergency situation exists.

17. block emergency exits and aisles. All book bags, equipment, instruments, etc. must be properly stowed in the student’s seat or on the floor.

18. sit on their book bag, luggage, or legs. The design of the seats is such that a serious injury could occur if the student rises above the height of the seat.

19. touch or hang on to the bus in any manner before boarding or after discharge.

Video cameras, video phones, or other recording devices while on the school bus, activity bus, or other district vehicles are subject to violation of the Privacy Act and students can be assigned school and bus consequences.

CONSEQUENCES FOR BUS SAFETY VIOLATIONS OR IN A SCHOOL VEHICLE WILL BE AS FOLLOWS:

Any offense:

1st Offense -- warning or up to three (3) days bus suspension

2nd Offense -- up to five (5) days bus suspension

3rd Offense -- up to seven (7) days bus suspension

4th Offense -- up to ten (10) days bus suspension

5th Offense -- bus privileges revoked for the remainder of the school year

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GENERAL PROCEDURES FOR TRANSPORTATION SUSPENSION

The principal or his/her designee will assign suspensions from riding the school bus or other school vehicles. Inappropriate behavior (Category II, III, and IV) on a school bus or in a school vehicle will be determined by the principal or his/her designee, in collaboration with the transportation supervisor and will involve a school assigned consequence. Category I offenses may also include bus suspensions and/or school assigned consequences.

In any disciplinary incident in which safety is a concern, a student may be temporarily suspended from the bus pending the result of a full investigation. Investigations will normally be completed by the principal or his/her designee within three (3) school days. In the event parents or guardians cannot be reached by phone, a letter will be mailed with the suspension information.

Parents/guardians will have the right to appeal bus suspensions to the Director of Administration in the same manner as suspensions from school.

When an out-of-school suspension and bus suspension are adjudicated for the same offense, the out-of-school suspension and bus suspension run concurrently.

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Chapter 4

General Procedures for School Suspension of Students

and

General Procedures for School Suspension of Students

with Disabilities

Page: 22

GENERAL PROCEDURES FOR SCHOOL SUSPENSION OF STUDENTS

It is the policy of this district to provide due process of law to students, parents/legal guardians and school personnel through procedures for the suspension of students pursuant to the requirements of federal law, state law and regulations and district administrative rules. The district Superintendent delegates the power of suspension to the district office administration and to the principal or his/her designee. The administration may suspend a student for the commission of any crime, gross immorality, gross misbehavior, persistent disobedience or the violation of district or state board of education policies, rules or regulations. The administration may also suspend a student when the presence of the student is detrimental to the best interest of the district or one of its schools.

A student may be suspended for any reasons listed in the student behavior code for up to 10 school days for any one offense. Suspension means the student cannot: attend school, be on district or school property, attend any school-related event or activities on or off campus, or ride a school bus.

When a student is suspended, the parents/legal guardians of the student will be notified, in writing, of the reasons for such suspension and of a time and place when the administrator who initiated the suspension is available for a conference with the parents/legal guardians. The conference will be set for within three (3) school days of the date of the suspension. After a conference with the school principal, the parents/legal guardians may appeal the suspension to the Director of Student Services as appointed by the Superintendent.

No appeals will be heard by the Director of Administration for out of school suspensions of three (3) days or less.

DUE PROCESS

No student will be suspended or expelled without due process of law.

Investigation of Misbehavior

When it appears a student has engaged in misbehavior that warrants suspension, an administrator will investigate the matter and interview those who have knowledge of what occurred. The student will be advised, verbally or in writing, of the accusations against him or her, and the administration will provide the student with an opportunity to tell his or her side of the story. If the student requests the administrator to speak to other witnesses, the administrator will do so as practicable. After completing the investigation, the administrator will determine if a suspension is in order and the number of school days (from one to ten) the suspension should last.

Suspension

Suspension is a temporary removal of a student from school property and school-sponsored or school-related activities for a violation of rules. A student may be suspended for up to 10 days for a single offense.

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Limits on Suspension

A student may not be suspended for more than a total of 30 school days in one school year. An administrator may not suspend a student from school during the last 10 school days of the school year if the suspension would result in the loss of course credits unless:

• the school board approves,

• or if the student is an actual threat to the class or the school,

• or a hearing before the Hearing Officer is granted by the end of the next school day following the suspension.

Notification to Parent/Legal Guardian

By the end of the school day following any suspension, the administrator must notify the parent/legal guardian in writing of (1) the acts committed by the student; (2) the rule[s] violated; (3) the length of the suspension; and (4) the time and place where he or she will be available to meet with the parent/legal guardian for a conference. The conference shall be set within three (3) school days of the date of suspension. If the parent/legal guardian is unable to meet at the scheduled time, and upon request, the administrator will establish a mutually agreeable time for the conference. Reasonable attempts will be made by an administrator to reach the parent by phone, following any suspension.

Sending a Suspended Student Home During the School Day

When a student is suspended, the administrator will attempt to contact the parent/guardian to request he or she pick up the student from school. If a parent/legal guardian cannot come for the student, the school may take the student home, so long as the parent is at home to take charge of the student. If the administrator cannot reach the parent/legal guardian, the student must stay at school until the end of the school day. If the student is summarily suspended, she or he may be removed from the school grounds immediately. Depending upon his or her age, however, it may be necessary to keep him or her at school until the parent or legal guardian can be reached.

Suspension Appeals

If, after the conference with the principal, the parent/legal guardian believes the student’s suspension was unjustified, an appeal of the suspension may be made to the Director of Administration. No appeals for suspensions of three (3) days or less will be heard by the Director of Administration. To request a suspension appeal, the parent/legal guardian must contact the Director of Administration in writing within three (3) days after the conference with the principal. This letter should include why it is believed the suspension is unfair and any additional information to be considered. The appeal will be conducted as an informal hearing before the Director of Administration. The administrator, parent/legal guardian and student may be present.

The Director of Administration will contact the parent/ legal guardian to schedule the hearing for the appeal. The parent/legal guardian and student will be allowed to address their concerns to the

Director of Administration. Within three (3) days of the hearing, the Director of Administration shall render a decision as to whether the suspension will stand. If a decision is made to remove the suspension, all parties (parents, school, etc.) will be notified in writing, and all absences resulting from the suspension shall be excused and the record cleared. The decision of the Director of Administration may be appealed to the Superintendent.

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Missed School Work

Students who have been suspended shall be allowed to make up school work missed. In such cases, it shall be the responsibility of the student to make up the missed work within a reasonable time as specified by the school administrator.

GENERAL PROCEDURES FOR SCHOOL SUSPENSION OF STUDENTS WITH

DISABILITIES UNDER INDIVIDUALS WITH DISABILITIES EDUCATION ACT

“Students with Disabilities” means any student accepted into the system’s special education program under the requirement of the Individuals with Disabilities Education Act (IDEA).

All preceding sections apply to students with disabilities with the following exceptions:

• Procedures required under the IDEA must be followed and parents must be informed of their due process rights (Procedural Safeguards)

• Any student identified as disabled under the IDEA can be suspended for up to ten (10) school days in a school year without requiring an Individualized Educational Plan (IEP) meeting. Immediate notification of any suspensions shall be sent to the program manager.

• Suspension for more than ten (10) school days must follow specified procedures including: immediate notification to parents; an IEP review with a functional assessment; development of a behavior management plan; and, a Manifestation Determination Review (MDR). Students receiving special education services MUST receive a Free and Appropriate Public Education (FAPE). If as a direct result of disciplinary action, a special education student has not received educational services for ten (10) school days in a school year, the system will make appropriate educational services available to that student for all remaining school days that school year.

a) If the MDR team determines that the student’s conduct at issue WAS NOT caused by or WAS NOT directly and substantially related to the student’s disability AND if the IEP Team finds the conduct in question WAS NOT the direct result of failure by the schools to implement the IEP, the student will be subjected to the same disciplinary actions as a non-disabled student. Special education records, including discipline records, must be made available to the disciplinary Hearing Officer. Services required under the IEP, which now includes access to the general curriculum, must continue.

b) If the Manifestation Review Team (MRT) determines that the student’s conduct at issue WAS caused by or WAS directly and substantially related to the student’s disability OR if the IEP Team finds that the conduct in question WAS the direct result of a failure by the school to implement the IEP, the disciplinary process will continue. However, the student may not be subjected to the same discipline as

non-disabled students. An IEP meeting must be held to review the current placement and discuss program changes or modifications.

Alternative Education for Students with Disabilities

Even if a MRT determines that the student’s conduct at issue was caused by; or was directly and substantially related to the student’s disability; or, if the IEP Team finds that the conduct in question was the direct result of a failure by the school to implement the IEP, the student may be placed in a temporary alternative educational setting for up to 45 school days if the student receiving special education services:

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a) brings a weapon to school, on school premises, or at a school function under the jurisdiction of the school district.

b) possesses, uses or sells controlled substances or illegal drugs at school, on school premises, or at a school function under the jurisdiction of the school district.

c) has caused serious bodily injury at school, on school premises, or at a school function under the jurisdiction of the school district.

The school district obtains an order from an administrative Hearing Officer or district court judge that provides for appropriate interim placement of the student due to a finding that maintaining the student’s current educational placement is substantially likely to result in an injury to the child or to others.

Any 45 school day alternative educational placement may be applied in addition to a preliminary placement of up to ten (10) days.

All appeals in the case of disagreement by the parent/legal guardian must comply with due process requirements of the IDEA and the state and local plan for special education. Students subject to a Section 504 plan will be processed as appropriate to their particular situation.

Students with a 504 Plan or Issues Related to 504

All complaints under Section 504 must be directed to the District 504 Coordinator.

GENERAL PROCEDURES FOR SCHOOL SUSPENSION OF STUDENTS

WITH DISABILITIES UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973

If a student has a 504 Plan, the committee must review the plan and determine appropriate actions to be taken.

EXPULSION

Investigation and Action Taken by the Administrator

If a school principal or his or her designee or a district administrator investigates a report of student misbehavior and decides to recommend expulsion, the administrator will:

• suspend the student and

• notify the student’s parent/legal guardian of his or her right to meet with the administrator within 3 school days of the date of suspension.

Notice of Expulsion Recommendation

By the end of the third school day following receipt of an expulsion recommendation, the Hearing Officer or his/ her designee shall notify the student and parents/legal guardian in writing of the:

1. rule(s) infraction alleged to have occurred;

2. right of the student to review his or her record, including the investigative documents the administration intends to present at the expulsion hearing;

3. right of the student to a hearing on the evidence;

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4. time and place of the hearing, which must be held within ten (10) school days of the date of notification (unless the parent/legal guardian or his/her representative agrees otherwise); and

5. procedures to be followed at the hearing, including the right to be represented by legal counsel at student’s or parent’s expense.

Safe Schools Act - Violations must be recommended for expulsion.

If, after meeting with the parent/legal guardian (or if the parent/legal guardian has not come in for a meeting by the third school day), the administrator still intends to recommend expulsion, the matter will be referred directly to the Hearing Officer or other persons designated by the Superintendent. This procedure will be followed in all cases regardless of the offense.

ACTION FOLLOWING THE HEARING

Within ten (10) school days following the hearing, the Hearing Officer shall decide whether the student committed the alleged rule(s) violation or misconduct, based upon the evidence presented at the hearing, and the appropriate punishment. If the Hearing Officer determines that grounds for expulsion exists, he/she may expel for the remainder of the current school year, permanently expel, or give punishment other than expulsion, including but not limited to, suspension, assignment to an alternative program and/or place the student on a behavior contract.

Behavior contracts can and will include special restrictions that have been placed on the student's right to attend school. Violations of these restrictions will result in immediate suspension and a recommendation for expulsion.

Assignment to an alternative program means loss of the right to participate in activities at all district schools during the period the student is assigned to the program. Although students may keep up with class work on the days they were suspended pending the evidentiary hearing by requesting the assignments from the base school, failure to register and attend the alternative program within three school days following receipt of the Hearing Officer’s decision will result in truancy action by the district. If the decision of the Hearing Officer to assign a student to an alternative program is appealed to the Superintendent, the student is required to attend the alternative program during the pendency of the appeal.

The Hearing Officer shall report his/her decision in writing to the parent/legal guardian, the Superintendent, and the school. If the Hearing Officer determines that grounds for expulsion do not exist, all absences resulting from the suspension shall be excused and the student's record cleared.

Appeals of the Decision from the Hearing Officer

Alternative Program

A decision of the Hearing Officer to assign a student to the alternative program may be appealed to the Superintendent by either party (school or student), provided written notice of appeal is received by the Office of the Superintendent within five (5) school days after notification of the Hearing Officer’s decision. The appeals hearing will be scheduled within five (5) school days of receipt of a written request for a hearing. The hearing will be limited to the established record and any documentary evidence presented by either party. The record will contain the Hearing Officer’s decision letter and the appealing party’s written notice of appeal.

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The appeal form can be found on the district website at http://www.saludaschools.org.

Departments and go to Student Services. Select: Hearing Office on the left side. If you have difficulty accessing the form, contact the Office of the Superintendent at the School District Office at 864-445-8441.

No new testimony will be allowed unless the Superintendent requests to hear additional testimony from the student, parent(s), and/or administrators. The Superintendent may uphold, reverse, or modify the decision of the Hearing Officer.

A decision shall be rendered within five (5) school days following the appeal hearing.

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Chapter 5

Student Disciplinary Appeal Process for Infractions

in School

and

Student Disciplinary Appeal Process for Infractions on

School Buses or School Vehicles

Page: 29

STUDENT DISCIPLINARY APPEAL PROCESS

Purpose of Appeal

The purpose of an appeal hearing is to review the decisions made by a Hearing Officer. Generally, this means that the case will not be re-heard. Instead, the Superintendent will review information used in the original hearing. The decision made by the Superintendent hearing the appeal will be made in light of the reason identified for the basis of the appeal.

Grounds for Appeal

A student, parent or school administrator may appeal the decision of the Hearing Officer on one or more of the following grounds related to a Violation of Due Process.

Violation of Due Process

A procedural irregularity will be significant if it has caused a failure to accord natural justice. For example if:

● The student was not properly informed of the accusation, the date and place of hearing.

● The student was not given sufficient time to prepare a defense, contact witnesses, or obtain other evidence.

● The student was not permitted to delay the hearing on the grounds that he/she was unreasonably denied the request to delay the hearing.

● The charge was substantially amended at the hearing and the student was asked to respond to matters which he/she could not reasonably have been expected to answer.

● An incident relating to the conduct of the hearing occurred which was prejudicial to the student.

Disciplinary Appeal Procedures

● The school, student, or parent has five (5) school days after receiving the decision of the Hearing Officer to appeal the decision to the Superintendent.

● Prior to the meeting, the Superintendent will review the written decision of the Hearing Officer.

● The Superintendent will confirm that the student(s) is appealing on the basis that has been indicated in the Disciplinary Hearing Appeal Request Form, located in this section.

● At the meeting with the Superintendent, the Hearing Officer, the student or his/her parent/guardian (or legal counsel) has the right to be heard and provide additional information that he/she believes is pertinent to the situation. Similarly, the representative for the school also has the right to provide additional information to support the decision to discipline the student.

● Occasionally witnesses may be called, but only when providing relevant information.

● Any questions raised by the person appealing or the person presenting the rationale for the initial decisions are addressed to the Superintendent. Anything resembling “cross examination” of one party by the other is not permitted.

After all questions are asked, both parties will be given an opportunity to make a concluding statement. All parties involved, with the exception of the Superintendent, then leave the room.

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● The Superintendent then makes a decision on whether to reverse the decision (i.e., find the student involved not responsible), modify the decision and/or the sanction, or uphold the initial decision and/or sanction.

● The Superintendent’s decision will be sent to the appealing party in writing within five (5) school days of the appeal meeting.

Appeals for Suspensions

A request for an appeal to the Superintendent must be sent to the District Hearing Officer. A request must be received within five (5) school days of the date of the letter from the Hearing Officer’s decision. Use the form on the succeeding page, Disciplinary Hearing Appeal Request Form, to submit a request. The written request form may be faxed to 864-445-9598 or mailed to:

Saluda County Schools

Office of the Superintendent

Disciplinary Hearing Appeals

404 North Wise Road

Saluda, South Carolina 29138

ATTENTION: District Hearing Officer

Note: Bus suspensions run concurrently with an out-of-school suspension for the same offense.

Page: 31

SALUDA COUNTY SCHOOLS

DISCIPLINARY HEARING APPEAL REQUEST FORM

I, ____________________________________________________, the parent/guardian (circle one) of _______________________________________________________, wish to appeal the results of the hearing of my son/daughter. My reason for appealing is:

• Violation of due process (Please explain) ______________________________________________________________________________________________________________________________________________________________________________________________________

The date of the original disciplinary hearing was ______________________________, 20_____.

Parent/Guardian Contact Information

Name _________________________________________________________________

Address _________________________________________________________________

_________________________________________________________________

Daytime Telephone ___________________________________________________________

I UNDERSTAND THAT IF I CHOOSE, I MAY BE ACCOMPANIED BY LEGAL COUNSEL. HOWEVER, I MUST NOTIFY THE OFFICE OF THE Superintendent AT LEAST FIVE (5) DAYS PRIOR TO THE APPEAL HEARING DATE SCHEDULED FOR THIS CASE. _________________________________

Please mail or this form to: (Parent/Guardian Signature)

Saluda County Schools

Office of the Superintendent _________________________________

Disciplinary Hearing Appeals (Date)

404 North Wise Road

Saluda, S.C. 29138

Fax: 864-445-9598 Phone: 864-445-8441

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(18-19)

SALUDA COUNTY SCHOOLS

404 North Wise Road

Saluda, South Carolina 29138

DISCIPLINARY HEARING APPEAL DECISION

Superintendent: ______________________________________

Student: ______________________________________ DOB: _________________

School: ______________________________________ Grade: _________________

Parent(s)/Guardian(s): _________________________________ Present:_________________

Hearing Officer: ______________________________________ Present:_________________

Disciplinary Violation: _________________________________________________

Description: ___________________________________________________________________

____________________________________________________________________________________________________________________________________________________________

Hearing Disposition: ____________________________________________________________

____________________________________________________________________________________________________________________________________________________________

Superintendent’s Decision on Disciplinary Hearing Appeal

• To reverse the decision of the Hearing Officer

• To uphold the decision of the Hearing Officer

• To modify the decision of the Hearing Officer

Modification:_______________________________________________________

__________________________________________________________________ __________________________________________________________________

Superintendent’s Signature _______________________________________ Date ____________

Copy: District Hearing Officer

School Principal

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Chapter 6

Re-admission

Page: 34

Petition for Re-admission

Students who have been expelled from school will need to apply for re-admission for the subsequent school year. All requests must be in writing and specify the reason(s) why the student should be allowed to return. Other predetermined requirements by the re-admission committee will need to be met as stated in orientation with families seeking re-admission for students. The Hearing Officer must be notified and ensure that all conditions have been previously met, prior to readmission.

If the Hearing Officer denies re-admission, the student can appeal to the Superintendent. This must be done in the form of a letter indicating the reason for expulsion, verification of completing all interventions (i.e., counseling, substance abuse treatment, restitution, etc.) and the reason why the Superintendent should approve re-admission.

If the Superintendent denies the student readmission, a written request to appear before the school board can be submitted to the Superintendent’s office for the school board’s consideration.

The request for re-admission and verification of completing all interventions, if required, must be mailed or faxed to:

Saluda County Schools

Office of the Superintendent

Petition for Re-Admission

404 North Wise Road

Saluda, South Carolina 29138

ATTENTION: Director of Alternative Program

Director of Administration

Fax: 864-445-9598

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SALUDA COUNTY SCHOOLS

404 North Wise Road

Saluda, South Carolina 29138

Dear Parents/Legal Guardian:

Saluda County Schools request your help and cooperation. Please read and discuss the rules and policies set forth in the Student Behavior Code Handbook with your child. When you have done so, sign this form and return it to the school your child attends. Your signature and the signature of your child acknowledge your receipt of this handbook and that you understand and consent to the responsibilities outlined within the handbook. The signature of the teacher acknowledges that she/he has reviewed and discussed the contents with your child, also. This form will be kept on file at the school for one school year.

Please complete the information below and return it to your child’s school.

====================================================================

I have received, read, and discussed The Student Behavior Code Handbook with this student.

_________________________________________________________

Name of Student

___________________ __________________________

Grade School

______________________________________ ___________

Signature of Student Date

______________________________________ ___________

Signature of Parent/Legal Guardian Date

______________________________________ ___________

Signature of Teacher Date