Discipline+Policy




 * __Policy Statement.__**

Gwinnett County Public Schools ("GCPS" or "District") is committed to creating a safe, positive environment for all of our students, staff, parents, stakeholders, and community partners. GCPS will work to assure that all students and staff are well-motivated, fully aware of their potential and dedicated to pursue excellence in academic knowledge, skills and behavior. GCPS believes that all children can thrive in a safe learning environment. The District utilizes a range of activities to recognize, celebrate, and reward positive behavior at the classroom, school and district levels.

In addition to this Student Conduct Behavior Code ("Code"), GCPS has various policies that govern conduct in the District. A copy of those policies can be obtained at www.gwinnett.k12.ga.us (click on the quick link for Board of Education) or the Office of the Executive Director of Administration and Policy at 678-301-6005.

**__Purpose of the Code__**

GCPS has adopted this Code to support the creation of a safe learning environment for all members of the school community. The purpose of this Code is to state clearly our standards for acceptable conduct of students. The Code also explains the consequences for not meeting these standards of conduct. This Code establishes a strict policy for conduct that endangers the safety of the schools and/or disrupts the educational experience for other students. GCPS does not permit corporal punishment.

The Code also sets forth the discipline procedures for the students who have committed violations of the Code. This Code is not meant to be a contract between the District and the students, and may be amended at any time. It is a place for GCPS to explain certain policies applicable to students.

**__Scope of the Code__**

Everyone is entitled to a safe, secure, and orderly environment in which to learn and work. The rules and regulations in this Code are designed toward that end and are effective during the following times and places:

The rules of this Code do not apply to:

**__Equal Opportunity Statement__**

The District complies with all federal, state and local laws, and provides an equal opportunity for all students. GCPS prohibits discrimination in admission, grading, discipline and any other activity based on race, creed, color, national origin, religion, ancestry, age, marital status, sexual orientation (known or perceived), gender identity expression (known or perceived), gender, handicap, nationality or citizenship.

All decisions of GCPS will be administered without regard to any of the categories listed above. **__Statement of Student Misconduct__**

The rules in this Code are designed to notify students (grades K-12) as to the types of behaviors that are unacceptable; nevertheless, every specific variation of the prohibited conduct may not have been included. Consequently, students should expect to be disciplined for misconduct that is obviously inappropriate. A specific rule need not be written for every conceivable variation of behavior that directly affects the orderly mission of the school. **__References to the Official Code of Georgia Annotated__**

References to Title 16 of the Official Code of Georgia Annotated (O.C.G.A.) included in the Student Conduct Behavior Code do not require that the elements of the specific criminal code section referenced be proved beyond a reasonable doubt before schools may punish misconduct. Further, these code references do not impose any additional intent requirements upon schools pursuing discipline against students for violation of this code.

When a school rule is violated that may also be a violation of the law, the schools are required to notify the School Resource Officer who will review the incident for possible criminal charges or notification of the District Attorney. Rules that require SRO notification are marked with an asterisk (*).


 * __RULE 1 - DISRUPTION AND INTERFERENCE WITH SCHOOL__**

No student shall cause or attempt to cause (either directly or indirectly) a disruption or interference with school by any means including but not limited to any of the following behaviors:

**__Mandatory Reporting of Repeated and Substantial Class Interference__**

Teachers in the Gwinnett County School District are required to report any student's violation of the Student Conduct Behavior Code which repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in his or her class or with the ability of the students in his or her class to learn. Teachers shall report any such incidents to the principal or the principal's designee within one school day of the most recent occurrence of such behavior. Such report shall not exceed one page and shall describe the behavior. The principal or the principal's designee shall, within one day of receiving such report, send to the student's parents or guardians a copy of the report, and information regarding how the principal or the principal's designee may be contacted. (O.C.G.A. 20-2-737) **__Student Removal from Class__**

A teacher may remove or refer to the principal or designee a student from class if the student has exhibited behavior that repeatedly or substantially interferes with the teacher's ability to teach students in his or her class or the ability of other students to learn in the class. (O.C.G.A. 20-2-738 (a- h)). The superintendent shall fully support the authority of principals and teachers to remove a student from the classroom pursuant to O.C.G.A. 20-2-738.

Where a teacher has previously filed a report of a student's repeated or substantial interference with the classroom or where the behavior of a student poses an immediate threat to the safety of student's classmates or the teacher, the teacher shall have the authority to remove the student from the classroom pursuant to O.C.G.A. 20-2-738. Each school will have a placement review committee. The placement review committee shall be responsible for determining the appropriate placement of a student when the principal recommends that the student be returned to the classroom and the teacher withholds consent for the student's return. The placement review committee shall consist of three members, including two teachers and one alternate teacher chosen by the faculty and a member of the professional staff chosen by the principal. (O.C.G.A. 20-2-738(d))


 * RULE 2 - DAMAGE, DESTRUCTION OR MISUSE OF SCHOOL PROPERTY OR EQUIPMENT**

A student shall not cause or attempt to cause damage to school property or alter/misuse school technology or any other equipment, including accessing unauthorized areas on the computer. A student shall not steal or attempt to steal school property. A student shall not access/alter school/teacher records. A student shall not possess, sell, use, buy or transmit stolen school property or attempt to possess, sell, use, buy or transmit stolen school property.

The prohibited behaviors include but are not limited to the following:


 * RULE 3 - DAMAGE, DESTRUCTION OR MISUSE OF PRIVATE PROPERTY**

A student shall not cause or attempt to cause damage to private property or steal or attempt to steal private property. A student shall not possess, sell, use, buy or transmit stolen private property on school grounds. Further, off schools grounds, a student shall not cause or attempt to cause damage to private property belonging to a school employee where such theft or damage is because of that school employee's performance of his/her official duties. A student shall not sell or buy or attempt to sell or buy personal property on school grounds.

The prohibited behaviors include but are not limited to the following:


 * RULE 4 - ABUSE, THREATS, INTIMIDATION, ASSAULT OR BATTERY ON A SCHOOL EMPLOYEE**

SECTION A Regardless of intent, a student shall not:

Make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, undermining, or provoking nature to or about a school employee or in the presence of a school employee. This includes, but is not limited to, disrespectful conduct, insult, use of profanity, ethnic, racial, sexual, disability, or religious slur, or harassment and includes the development of a "hit list", "people to kill", "people to shoot", or a statement about bringing a weapon to school and injuring people.

The prohibited behaviors below include but are not limited to the following:

SECTION B A student shall not:
 * 4AO Posturing to inflict physical harm. Any action or gesture directed toward a school employee that places the school employee in reasonable fear of immediate physical harm;

Cause or attempt to cause physical injury or behave in such a way that could reasonably cause physical injury or make physical contact of a threatening or provoking nature to a school employee.

The prohibited behaviors include but are not limited to the following:

**__Intentional Physical Contact with a Teacher, Bus Driver, or Other School Employee__**

Any student who intentionally makes physical contact of a threatening or provoking nature with a teacher, bus driver, school official, or other school employee shall be suspended and brought before a disciplinary hearing.

The minimum penalty for a student found in violation of Rule 4BC shall be suspension from public school until the end of the school year. Any hearing finding a student in violation of Rule 4BC may impose a more severe penalty in its discretion. This minimum penalty shall not be applied in conflict with federal law.

Any student found in violation of Rule 4BI shall be expelled from the public school system for the remainder of their eligibility to attend public school. The following exceptions apply: (1) The Board of Education, in its discretion, may allow a student found in violation of Rule 4BD to attend the alternative school, (2) the Board of Education, in its discretion and upon the recommendation of the disciplinary hearing, may allow a student in grades 6-8 to return to the public school system for grades 9-12, (3) the Board of Education, in its discretion, may allow a student in grades K-5 to return to the public school system, (4) permanent expulsion will not be imposed where this penalty would infringe any right created under federal law, and (5) permanent expulsion will not be imposed where the student acts in defense as provided in O.C.G.A. 16-3-21. (O.C.G.A. 20-2-751.6; 20-2-751.4)


 * RULE 5 - ABUSE, THREATS, INTIMIDATION, ASSAULT OR BATTERY BY A STUDENT ON ANOTHER STUDENT OR TO ANY OTHER PERSON NOT EMPLOYED BY THE SCHOOL**

SECTION A Regardless of intent, a student shall not:

Make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, distracting, or provoking nature to or about a person/student or in the presence of a person/student. This includes, but is not limited to, bullying, disrespectful conduct, insult, use of profanity; ethnic, racial, sexual, disability, or religious slur; or harassment and includes the development of a "hit list", "people to kill", "people to shoot", or a statement about bringing a weapon to school and injuring people.

The prohibited behaviors below include but are not limited to the following:

State law defines "bullying" as: 1) any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; 2) any intentional display of force such as would give the victim reason to fear or expect immediate bodily injury or harm; or 3) any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate that: a) causes substantial physical harm; b) substantially interferes with a student's education; c) is so severe, persistent or pervasive that it creates an intimidating/threatening educational environment; or d) disrupts the orderly operation of school. Upon finding that a student in grades 6 - 12 has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. (O.C.G.A. 20-2-751.4) Retaliation for reports of bullying will not be tolerated and will be subject to independent disciplinary action.

SECTION B A student shall not:

Cause or attempt to cause physical injury or behave in such a way as could reasonably cause bodily injury to any student/person. A student shall not engage in any behavior that threatens the safety or well-being of another person or has the likelihood of provoking a fight.

The prohibited behaviors below include but are not limited to the following:

__)__


 * RULE 6 - WEAPONS, DANGEROUS INSTRUMENTS AND EXPLOSIVE, OR IMPLOSIVE DEVICES**

A student shall not solicit to buy or sell, or buy or sell or possess, handle, transmit__,__ threaten with or discharge/use, any object that can reasonably be considered or converted to and/or used as a weapon such as, but not limited to knives; guns; pellet guns; brass knuckles; fire works; lighters, tear gas, mace, explosives, pepper spray; bats (other than for athletics); clubs, sticks or other instruments of a bludgeoning type; Chinese stars; razors; projectiles and the like.

The prohibited behaviors below include but are not limited to possession of the following:

**__Possession of a Weapon on School Property or at School Functions__**


 * A student shall be excluded from school for one year (exceptions limited on a case-by-case basis) for possessing on school grounds or at a school function a firearm including a starter gun, any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of such a weapon; any firearm muffler or silence; or any destructive device. (O.C.G.A. 20-2-750; 20-2-751.1)**


 * RULE 7 - DRUGS, ALCOHOL AND TOBACCO**

Section A

A student shall not be involved in any substance, drug, alcohol or tobacco transaction, including, without limitation to buy, possess, sell, use, transmit, solicit; attempt to buy, possess, sell, use, or transmit; or be under the influence of any narcotic drug, depressant or stimulant drug including without limitation caffeine pills, hallucinogenic drug, anabolic steroid, amphetamine, barbiturate, marijuana, inhalant, alcoholic beverage, or intoxicant of any kind. A student shall not possess, sell, buy or transmit, or attempt to sell, buy or transmit any substance under the pretense that it is, in fact, a prohibited substance as described in this rule. The misuse or unauthorized possession of a prescription drug or nonprescription drug shall be considered a violation of this rule; however, this rule shall not apply to proper possession and/or use of a drug as authorized by a medical prescription from a registered physician.

The prohibited substances and behaviors below include but are not limited to the following:


 * Self-administration of asthma medication and prescription auto-injectable epinephrine is permitted with written parental approval and required documentation to the principal or his or her designee. See administrator for completion of proper county form/procedures.**

SECTION B

A student shall not possess, sell, use, transmit, buy or solicit any drug-related paraphernalia which includes, but is not limited to pipes, water pipes, clips, rolling papers, or any other items related to drug use or depicting drugs or drug use except where such items are related to approved curriculum.

The prohibited paraphernalia below include but are not limited to the following:

SECTION CA student shall not possess, sell, use, transmit, buy or solicit tobacco products, or tobacco paraphernalia such as, but not limited to matches, lighters, pipes, rolling papers and the like.

The prohibited paraphernalia below include but are not limited to the following:


 * RULE 8 - DISREGARD OF DIRECTIONS OR COMMANDS**

A student shall not fail to comply with reasonable directions or commands of teachers, student teachers, substitute teachers, teacher aides, administrators, school bus drivers, or other authorized school personnel.

The prohibited behaviors include but are not limited to the following:


 * RULE 9 - SEXUAL MISCONDUCT/INDECENCY**

A student shall not engage in any act of sexual harassment of a physical nature or verbal nature. A student shall not perform any act of indecent exposure, lewd exposure, gesture or lewd caress or indecent fondling/touching of the student's own body or the body of another person, or any act of sexual intercourse. A student shall not allow another student/person to commit a lewd or indecent act to the body of oneself. A student shall not use any inappropriate gestures that mimic or imply sexual acts or engage in any acts of "streaking" or "mooning" as those terms are commonly understood. Such acts will not be regarded lightly or considered pranks.

A student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including any non-curricular sexually explicit printed or non-printed materials; or a student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including but not limited to non-curricular materials depicting the human male or female genitals or buttocks with less than a fully opaque covering or any portion of the female breast with less than a fully opaque covering.

The prohibited behaviors include but are not limited to the following:


 * RULE 10 - UNEXCUSED ABSENCES**

A student shall not be absent from school or from any class or other required school function during required school hours except for illness or other providential cause, except with written permission of the teacher, principal, or other duly authorized school official. A student may not leave school grounds prior to the end of the school day, after his/her initial arrival on campus, without the permission of a duly authorized school official.

The prohibited behaviors include but are not limited to the following:


 * RULE 11 - OTHER CONDUCT WHICH IS SUBVERSIVE TO GOOD ORDER**

A student shall not perform any other act which is subversive to good order and discipline in the schools. This includes, but is not limited to, violation of local school rules; violation of state and federal law; involvement in criminal gang-related behavior and/or criminal gang conduct as defined and prohibited by O.C.G.A. 16-15-3 and 16-15-4; providing false information to school personnel; unauthorized possession or inappropriate use of laser pointers, and electronic communications devices (including tape recorders, radios, CD Players, MP3 players, video games, and televisions); loitering or trespassing, providing false information to or about school personnel, or community misconduct that would be so serious as to pose a threat to the school community.

A student shall not hold oneself out as a member of a criminal street gang identified by the Gwinnett County Gang Taskforce by one's mode of dress, means and method of communication including the use of handsigns, or the possession or publication of gang writings/symbols.

Subject to the rules listed below, the Gwinnett County BOE permits students to possess electronic pagers or communication devices on a limited basis and provides local school principals with the authority to set forth rules pertaining to student possession and use of such devices at their individual schools.

The prohibited behaviors below include but are not limited to the following:

__,__


 * RULE 12 - REPEATED VIOLATIONS/MISBEHAVIOR/CHRONIC DISCIPLINARY PROBLEM STUDENTS**

Students who chronically disrupt or repeatedly violate other school rules may be charged with repeated violations of school rules or misbehavior. This rule applies after remediation attempts, including the development and implementation of a student disciplinary and behavioral correction plan.

The student and parent must be notified in advance that once the student has been placed on a Rule 12, all subsequent violations will lead to an escalation in consequences and may lead to an independent Rule 12 charge and a disciplinary hearing.


 * RULE 13 - SCHOOL BUS INFRACTIONS**

No student shall cause or attempt to cause (either directly or indirectly) a disruption or interference with a school bus by any means including but not limited to any of the following behaviors:

Note: All other GCPS rules still apply while on a school bus or at the bus stop.

Safety is the first priority while transporting students to and from school. While on a school bus, the bus driver/manager is the school official who has supervisory responsibility of students. Drivers must be able to concentrate on their driving at all times. A momentary distraction from their concentration can lead to a serious accident resulting in injury or death. The safety and well-being of each student depend on everyone following the standards of conduct outlined in this Code. That safety is why certain infractions have a different level of consequences or are singled out as school bus infraction.If a student is found to have engaged in bullying or other acts of physical violence such as physical assault or battery of another person on the school bus, a meeting with the student's parents or guardian and appropriate school officials will be required in order to develop a school bus behavior contract for the student. (O.C.G.A. 20-2-751.5)


 * Note:** Any student, who receives an in-school suspension for a bus infraction may forfeit his bus-riding privileges on the day(s) of suspension.


 * Note:** All rules with asterisks may result in notification of the SRO for potential referral to the District Attorney. || ||

Gwinnett County Public Schools wishes to meet the needs of all of its students and families. If any member of your family needs assistance or has any questions regarding mobility impaired issues or handicapped access, please contact the principal of your local school.


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