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Student Code of Conduct
Student Code of Conduct

 

Student Code of Conduct

The purpose of this code is to provide students in the Effingham County School System an effective and safe learning environment. This code has been prepared in accordance with the Discipline Procedures of the Effingham County School System. It contains information for school personnel, students, and parents. Included in the code is an outline of expected behaviors and the consequences relating to various violations. Expected behavior is behavior that promotes learning and encourages maturity during the school day as well as during all school-related activities.

Students and their parents need to know and understand this code in order to achieve these goals.

Students Are Expected To:

  • Participate fully in the learning process. Students need to report to school and class on time, attend all regularly
    scheduled classes, remain in class until excused or dismissed, pay attention to instruction, complete assignments to the best of their ability, and ask for help when needed.
  • Avoid behavior that impairs their own or other students’ educational achievement. Students should know and avoid the behaviors prohibited by this code, take care of books and other instructional materials, and cooperate with others.
  • Show respect for the knowledge and authority of teachers, administrators, and other school employees. Students must obey reasonable directions, use acceptable and courteous language, avoid being rude, and follow school rules and procedures.
  • Recognize and respect the rights of other students and adults. All students should show concern for and encouragement of the educational achievements of others and act as a good neighbor in the school community.

The Student Code of Conduct is effective during the following times and in the following places:

  • At school or on school property at any time;
  • Off school grounds at any school activity, function, or event (and while traveling to and from such events);
  • On vehicles provided for student transportation by the school district and while waiting for and leaving such vehicles (including, but not limited to, while at bus stops); 
  • Any time and place covered by the definition of the term “bullying,” (as defined in Student Code of Conduct Rule 16: Bullying and Board Policy JCDAG: Bullying); and 
  • Off campus where the student’s actions could result in the student being criminally charged with a felony and which makes the student’s continued presence at school a potential danger to persons or property at school or which disrupts the educational process.
Parents are encouraged to become familiar with the Student Code of Conduct and to be supportive of it in their
daily communications with their children and others in the community.
 

Parental Involvement

This Student Code of Conduct is based on the expectation that parents, guardians, teachers, and school administrators will work together to improve and enhance student behavior and academic performance and will communicate freely their concerns about, and actions in response to, student behavior that detracts from the learning environment. School administrators recognize that two-way communication through personal contacts is extremely valuable; therefore, they provide information to parents as well as on-going opportunities for school personnel to hear parents’ concerns and comments. The General Assembly of Georgia requires that this code of conduct include language encouraging parents and guardians to inform their children on the consequences, including potential criminal penalties of underage sexual conduct and crimes for which a minor can be tried as an adult. Major offenses including, but not limited to, drug and weapon offenses can lead to schools being named as an Unsafe School according to the provisions of State Board of Education Rule 160-4-8-.16, Unsafe School Choice Options.

Parents and students should contact the principal of the school if specific questions arise related to the Student Code of Conduct. The Student Code of Conduct specifies within its standards of behavior various violations of the code which may result in a school staff member’s request that a parent or guardian come to the school for a conference. Parents are encouraged to visit the schools regularly and are expected to be actively involved in the behavior support processes designed to promote positive choices and behavior.

Student Support Processes

The Effingham County Board of Education provides a variety of resources that are available at every school within the district to help address student behavioral problems. The school discipline process will include appropriate consideration of support processes to help students resolve such problems. These resources include student support teams, school counselors, chronic disciplinary problem student plans, Individualized Educational Programs (IEP), and behavioral intervention plans that work within the IEP.

Authority of the Principal

The principal is the designated leader of the school and, in concert with the staff, is responsible for the orderly operations of the school. In cases of disruptive, disorderly, or dangerous conduct not covered in this code, the principal may undertake corrective measures believed to be in the best interest of the student and the school, provided any such action does not violate board policy or procedures.

Authority of the Teacher

Teacher Reporting Requirement

Any teacher who has knowledge that a student has exhibited behavior which violates the Student Code of Conduct and 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 each student’s classmates to learn shall file a report of such behavior with the principal or the principal’s designee. The principal and teacher shall follow the procedures set forth in Georgia law, specifically O.C.G.A. § 20-2-737 and Board Policy JCDA (Student Code of Conduct). The Superintendent and/or his or her designee shall ensure that procedures are disseminated as necessary for implementation of this policy and applicable state laws.

Authority of Teacher Over Classroom and Placement Review Committees

A teacher shall have the authority, consistent with Board policy, to manage his or her classroom, discipline students, and refer a student to the principal or the principal’s designee to maintain discipline in the classroom. A principal or the principal’s designee shall respond when a student is referred by a teacher by employing appropriate discipline management techniques that are consistent with Board policy.

A teacher shall have authority to remove from his or her class a student who repeatedly or substantially interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn, where the student’s behavior is in violation of the student code of conduct, provided that the teacher has previously filed the aforementioned report under “Teacher Reporting Requirement” in accordance with O.C.G.A. § 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the student’s classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom in this circumstance. The principal and teacher shall follow the procedures set forth in Georgia law, specifically O.C.G.A. § 20-2-738
and Board Policy JCDA (Student Code of Conduct). The Superintendent and/or his or her designee shall ensure that procedures are disseminated as necessary for implementation of this policy and applicable state laws.

It is the policy of the Board that the Superintendent shall fully support the authority of principals and teachers to remove a student from the classroom pursuant to Georgia law, including, but not limited to, O.C.G.A. § 20-2-738 and 20-2-751.5(d).

Administrative Prerogative

The administration may assign discretionary punishment as appropriate for all offenses covered, or not expressly covered, by the following rules, except those offenses that require a student disciplinary hearing under Georgia law. Depending upon the offense and the circumstances, the alternative punishment might be given in lieu of or in addition to the progressive punishment outlined in the Student Code of Conduct. Disciplinary action for violations of expected behaviors will include appropriate hearings and reviews. In all cases, the rights of individuals will be ensured and protected.

The Effingham County School System will make every reasonable effort to administer the discipline code consistently in all schools. When applicable, individualized plans (i.e. IEP, 504, and SST) will be reviewed for appropriate consequences.

Chronic Disciplinary Problem Student

Students who exhibit consistent patterns of misconduct will be identified as chronic discipline problem students. A student identified as a chronic discipline problem will begin a behavioral correction plan process that includes three steps to be implemented as the student violates the Student Code of Conduct. The first and second steps may result in a suspension and referral to the superintendent’s designee for discipline. The third step may result in a suspension and referral to the superintendent’s designee for discipline. At all points of the correction process, parents are encouraged to come to school and

If a student is identified as a chronic disciplinary problem student, the principal, or designee, must:

  • notify the student’s parent or guardian of the disciplinary problem by telephone and by email,
  • invite the parent or guardian to observe the student in a classroom situation, and
  • require at least one parent or guardian to attend a conference in order to devise a disciplinary and behavioral correction plan.

If the student has an Individualized Education Program (IEP) or 504 plan, the school-based team will convene a meeting.

Progressive Discipline Procedures

Definition: Progressive discipline processes “shall be designed to create the expectation that the degree of discipline will be in proportion to the severity of the behavior leading to the discipline, that the previous discipline history of the student being disciplined and other relevant factors will be taken into account, and that all due process procedures required by federal and state law will be followed.” (O.C.G.A. § 20-2-735).

Guiding Principles

Each incident of inappropriate behavior is unique in terms of situational variables. Similarly, disciplinary action will reflect
consideration of a number of factors specific to the student involved in the misbehavior. This code strives for a safe and orderly
student learning environment through a systematic process of behavioral correction.

  • Inappropriate behaviors are followed by consequences.
  • Inappropriate behaviors are substituted with those that are consistent with the character traits identified in Georgia’s
    Character Education Program.

Students in violation of the Student Code of Conduct cannot be assumed to have had sufficient instruction and/or practice in
utilizing the particular character trait(s) related to the misbehavior. As such, disciplinary action should include engaging students in activities/events that reflect desirable character traits.

  • Parents are viewed as integral partners to be utilized when addressing students’ misbehavior.

The principal and/or administration may utilize any of the above discipline management techniques, and/or may employ:

  1. Student participation in a conference with parent/guardian, teacher, and/or principal;
  2. Restriction from school programs, such as clubs, activities, teams, extra- and co-curricular events, field trips, and special assemblies;
  3. Partial day in-school detention;
  4. Full day in-school detention for one school day;
  5. In-school suspension (Grades 3-12);
  6. Participation in the cleaning/repair of any damage caused to the school-related environment;
  7. Suspension from riding the bus;
  8. Suspension from school;
  9. Request placement into an alternative school program (Grades 6-12);
  10. Referral for probation to superintendent’s designee for discipline to be placed on probation;
  11. Referral to superintendent’s designee for discipline for a disciplinary hearing for long-term suspension or expulsion; 
  12. Referral to law enforcement agencies;
  13. Any other disciplinary technique that positively promotes the Student Code of Conduct and desired character trait(s).

The maximum punishments for an offense include long-term suspension or expulsion, including permanent expulsion, but those
punishments will be determined only after a disciplinary hearing as outlined in the Effingham County Board of Education policies. Parents/Guardians or students may elect not to contest whether a student referred to a disciplinary hearing has violated the Student Code of Conduct or the appropriate discipline, and in such cases, an agreement may be negotiated which would include the parents or students waiving the right to a hearing before a disciplinary hearing. Such an arrangement and waiver must be approved by the superintendent’s designee for discipline in accordance with local board policy. Before a
student is suspended from school for ten days or less, the principal or designee will inform the student of the offense for which the student is charged and allow the student to explain his or her behavior. If the student is suspended, the student’s parents/guardians will be notified if possible. School officials may involve law enforcement officials when evidence surrounding a situation necessitates their involvement or when there is a legal requirement that an incident be reported.

School officials may search a student if there is reasonable suspicion that the student is in possession of an item that is illegal
or against school rules. This search may include, but is not limited to, searches of any vehicle brought on campus, any clothes, bags, or other items brought on campus, and any school property. These searches may occur at any time without further notice to students or parents. Students are required to cooperate with any such search. Metal detectors and drug or weapon sniffing dogs may be utilized at school or at any school function, including activities which occur after normal school hours or off the school campus at the discretion of administrators.

Video Surveillance

Video surveillance provides a tool for monitoring activity on Board of Education property, including schools and buses, to help protect the health, welfare, and safety of students, staff, and visitors, and to collect evidence for use in student and faculty/staff disciplinary matters and in appropriate cases for law enforcement purposes.

There is no expectation of privacy on buses nor in the public areas of Effingham County Schools. Video cameras may be placed on buses, in classrooms, and in the public areas of the campuses of Effingham County Schools. Video cameras should not be placed where they can record bathrooms, locker rooms, showers, or private offices. The 16 STUDENT CODE OF CONDUCT presence of a video camera means that there is no expectation of privacy in that location.

Students and staff should be aware that video surveillance may occur in public areas, on any school property or on any transportation vehicle. Video surveillance shall only be used to promote the order, safety, and security of students, staff, and property.

Persons recorded committing violations of Board policies, administrative regulations, building rules and/or procedures, or law may be subject to appropriate disciplinary action and/or referred to law enforcement agencies.

Video recordings may be used as evidence in a staff and/or student disciplinary matter.

Safety Screenings

Effingham County School District (ECSD) is dedicated to ensuring a safe and secure learning environment for all students, staff, and visitors. To support this commitment to safety, we will implement the CEIA OPENGATE Weapons Detection system for non-intrusive screening processes at school entry points in all ECSD school locations. These screening processes will be supervised and monitored by trained ECSD staff members.

Discipline General Terms Glossary

Alternative School: Students in grades 6-12 may be placed in the Effingham County Schools Crossroads Academy Alternative School. The length of a student’s stay in this program will be determined according to various factors to include but not limited to the student’s academic work, behavior, and attitude toward school.

Alternative School Placement: Students who exhibit extremely disruptive behavior or who continue with chronic disciplinary problems may be removed from the regular school program and placed in an alternative school setting.

Bus Probation: A student found guilty of accumulated bus offenses may be placed on bus probation by the local school and the Coordinator of Transportation or their designee. Probation is a trial period during which a student continuing to receive additional bus offenses is subject to further disciplinary action.

Bus Suspension: The student is suspended from the bus for a specified period of time by the local school administrator or transportation administrator. The student is expected to attend school, but the parents are responsible for providing transportation to and from school.

Detention: Student attends a work/study session outside or inside of regular school hours. Student makes arrangements for transportation.

Disciplinary Probation: A student found guilty of certain offenses may be placed on probation by the local school and the superintendent’s designee for discipline. Probation is a trial period during which a student violating school and/or school system rules is subject to further disciplinary action.

Due Process: A student is afforded oral or written notice of the charges against him/her and is given an opportunity for a review, hearing, or other procedural rights in accordance with state and federal laws.

Expulsion: Suspension of a student from a public school beyond the current school semester. With certain limited exceptions permitted by Georgia law, in a case where a disciplinary hearing officer has found a student guilty of an act of physical violence against a teacher, school bus driver, or other school official or employee involving intentional physical contact which causes physical harm (unless such contact was in self defense), the student shall be expelled from school for the remainder of the student’s eligibility to attend public school and shall be referred to juvenile court with a request for a petition alleging delinquent behavior, (O.C.G.A. § 20-2-751.6(c)(1)-(2)). While under expulsion, the student is prohibited from all school district property, and from attending any extracurricular activity.

Hearing Officer: A person appointed by the board of education or superintendent to make decisions in disciplinary hearings.

In-School Suspension: An alternative school program in which the student is removed from regular classes for a specified period of time at the local school. Class work assignments are sent to the student by the teachers.

Referral to Law Authorities: Severe disciplinary offenses and violations of federal and state laws may require referral to local law enforcement agencies and the local district attorney’s office as well as Department of Family and Children Services and Department of Juvenile Justice.

Referral to Superintendent’s Designee for Discipline: The superintendent has appointed a superintendent’s designee for discipline whose responsibilities include working with school administrators and students’ parents/guardians in determining the proper discipline to be received by students for violations of the Student Code of Conduct, placing students in an alternative school, and placing students on disciplinary probation.

Referral to a Disciplinary Hearing: A student may be referred to a disciplinary proceeding for a determination of a consequence of a major Student Code of Conduct violation or for exhibiting a pattern of disruptive behavior demonstrated by cumulative violations of the Student Code of Conduct. These student disciplinary hearing proceedings and penalties shall comply with the guidelines set forth in the Public School Disciplinary Tribunal Act, as amended (O.C.G.A. § 20-2-750 et. seq.).

Student Disciplinary Hearing: A proceeding at which a hearing officer hears evidence presented by the school and the student when a student has been referred by the local school principal or his/her designee to the superintendent’s designee for a disciplinary hearing for long-term suspension or expulsion. After the evidence is presented, the student’s guilt or innocence is determined by the hearing officer and, if found guilty, the student’s penalties are set by the hearing officer. Decisions of the hearing officer may be appealed to the board of education.

Suspension: Removal of a student from the regular school program for a period not to exceed ten days (short term) or for a period greater than ten days (long term, which may only be imposed by a disciplinary hearing officer, or by agreement). While under suspension, the student is prohibited from all school district property and from attending any extracurricular activity.

Waiver: A waiver is an agreement not to contest whether a student has committed an infraction of the Student Code of Conduct and acceptance of consequences in lieu of a hearing before a disciplinary hearing officer.

Behaviors Which Result In Disciplinary Action

  • RULE 1: DISRUPTIVE CONDUCT

No student shall engage in behavior that disturbs or interferes with school activities or the educational process.

  • RULE 2: UNRULY BEHAVIOR ON SCHOOL BUS

As defined by O.C.G.A. § 20-2-1181, it shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. A person convicted of violating this Code section may be guilty of a misdemeanor of a high and aggravated nature.

Bus behavior is governed by the same rules stated in this handbook and student code of conduct for behavior at school or on school property at any time, off school grounds at any school activity, function or event (and while traveling to and from such events), on vehicles provided for student transportation by the school district and while waiting for and leaving such vehicles (including, but not limited to, while at bus stops), at any time and place covered by the definition of the term “bullying” (as defined in Student Code of Conduct Rule 16: Bullying and Board Policy
JCDAG: Bullying), and off campus where the student's actions could result in the student being criminally charged with a felony and which makes the student's continued presence at school a potential danger to persons or property at school or which disrupts the educational process.

In addition, while on a school bus, students shall:

  • Respect all persons on the bus and cooperate with any instructions or requests by the bus driver and any other school district staff;
  • Remain in their seats, assigned or otherwise, when the bus is moving, and keep their hands and feet out of the aisle and off other riders and their property;
  • Keep all parts of their body inside the bus at all times;
  • Never throw any item from the bus;
  • Never damage any portion of the interior or exterior of the bus and its equipment;
  • Never use a cell phone, computer, tablet, smartwatch, or other electronic device in a manner that might interfere with the bus communications equipment or the bus driver’s operation of the bus;
  • Never use a mirror, laser, flash camera, or other light or reflective device in a manner that might interfere with the bus driver’s operation of the bus;
  • Never engage in any other conduct which may be disruptive or distracting to the bus driver and/or which may interfere with the bus driver’s operation of the school bus, including, but not limited to, acts of physical violence (as defined in O.C.G.A. §20-2-751.6), bullying (as defined in O.C.G.A. § 20-2-751.4, Student Code of Conduct Rule 16: Bullying, and Board Policy JCDAG: Bullying), physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the bus driver and other persons on the school bus, fighting, rough housing, hitting, slapping, pushing, shoving, kicking, shouting, and other unruly behavior;*
  • Never use any profane, vulgar, or obscene gestures or other communications to anyone outside the school bus; and
  • Remain absolutely quiet at all railroad crossings.
*If a student is found to have engaged in physical acts of violence as defined by O.C.G.A. § 20-2-751.6, the student shall be subject to the penalties set forth in such code section. If a student is found to have engaged in bullying as defined by O.C.G.A. § 20-2-751.4(a) or in physical assault or battery of another person on the school bus, there shall be a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. (O.C.G.A. § 20-2-751.5)

  •  RULE 3: PARKING & TRAFFIC VIOLATIONS ON CAMPUS

Parking at school is a privilege, not a right. Students must have a valid driver’s license and insurance to obtain a parking permit. Students are to park cars immediately upon arrival at school and must enter the building immediately. Students must park in their assigned parking spaces. Vehicles parked in other areas are subject to being towed at the owner’s expense. Students may not visit vehicles until they are ready to leave campus at
the end of the day unless the office gives special permission. (Refer to the Driving Rules and Regulations at ECHS, SEHS, ECCA, and Crossroads Academy for additional guidelines.) Vehicles parked on school grounds are subject to searches by school administrators and law enforcement officers at the request of the school administration.

No student shall abuse school parking regulations or operate a motor vehicle in such a way as to cause damage to public or private property located on school grounds or in such a way as to endanger life or limb of persons utilizing school facilities, driveways, or parking areas. This includes driving recklessly around school buses in route to and from school or school functions.

Students who have lost their driving and other privileges and who violate the intent of this policy by driving to school, and parking on campus shall be subject to discipline that may include permanent loss of parking and other privileges and punishment for insubordination. Vehicles that are parked on school premises, which do not display a properly authorized parking permit, may be towed away at the owner’s expense.

  • RULE 4: USE OF PROFANE, VULGAR & OBSCENE LANGUAGE, INCLUDING OBSCENE GESTURES

No student shall use profane, vulgar, or obscene language or gestures.

  • RULE 5: ATTENDANCE

Unexcused absence, chronic tardiness, skipping class, and leaving campus without permission are prohibited. Students must attend school as required by the Compulsory Attendance Law in O.C.G.A. § 20-2-690.1. Failure to be at school and in class as specified by a student’s school class schedule, in accordance with the Effingham County Board of Education Attendance Policy, may result in disciplinary action.

  • RULE 6: DRESS CODE VIOLATIONS

Students shall comply with the Effingham County Board of Education Administrative Procedures for Student Dress Code printed in this handbook.

  • RULE 7: INAPPROPRIATE PUBLIC DISPLAY OF AFFECTION

Embracing, other physical displays of affection, or any acts of a sexual nature are strictly prohibited.

  • RULE 8: INSUBORDINATION/NON-COMPLIANCE

No student shall engage in insubordination or non-compliance by failure or refusal to comply with the reasonable rules or requests of school personnel. This will be strictly enforced at daily safety screenings.

  • RULE 9: CHEATING, PLAGIARISM AND OTHER ACADEMIC DISHONESTY

No student shall engage in cheating, plagiarism, or other form of academic dishonesty on any school-related work, including, but not limited to, tests, examinations, projects, reports, homework, and other assignments. Students shall not share answers, work, or other materials with other students when it comes to school-related assignments unless expressly permitted to do so by the classroom teacher.

  • RULE 10: VERBAL ASSAULT/DISRESPECTFUL CONDUCT

No student shall engage in a verbal assault of or in disrespectful conduct toward a teacher, administrator, school bus driver, school official, other school district personnel, another student, or a person attending a school-related function, event, or activity whether on or off school grounds. This includes, but is not limited to, engaging in threatened violence, sexual harassment as defined in Title IX of the Education Amendments of 1972, and use of vulgar or profane language or behavior based on a person’s race, national origin, sex, or disability that is unwelcome, unwanted, and/or uninvited by the recipient.

  • RULE 11: DAMAGE TO PROPERTY

No student shall at any time mark, deface, destroy, or cause willful or malicious damage to (1) the real or personal property of any school, the Board of Education, or the school district or (2) the personal property of any official, employee or staff member of the school district, another student, or any other person legitimately on school district property or attending a school-related function, event, or activity whether on or off schools grounds.

Students shall exercise due care for and protection over the following property and items provided to them by the school district: instructional materials and content; computer hardware, software, and technical equipment; library books; and other media materials. For any student (or parent or guardian) who fails or refuses to pay for any lost or damaged property or items provided to them by the school district at replacement cost, the school district may refuse to issue or make available any additional property or items, including instructional materials and content;
computer hardware, software, and technical equipment; library books; and other media materials.

  • RULE 12: THEFT

No student shall take or steal any property of another person or the school with the intention of depriving that person, or the school of the property, regardless of the manner in which the property is taken or stolen.

  • RULE 13: FALSE ALARMS

No student shall, either directly or through another person, cause a false report or false public alarm, including, but not limited to fire, bomb, etc., at any school, on any school bus, or at any school function or event. This includes false alerts created by the student through the Centegix alarm system as well as unnecessary deployments of the KIST locking system.

  • RULE 14: PHYSICAL ASSAULT/BATTERY

No student shall engage in a physical assault or battery (including sexual harassment as defined in Title IX of the Education Amendments of 1972) of a teacher, administrator, school bus driver, school official, other school district personnel, another student, or person attending a school-related function, event, or activity whether on or off school grounds. That is to say, no student shall cause, threaten to cause, or attempt to cause physical violence to any such person. “Physical violence” for purposes of this rule means (1) intentional physical contact of an insulting or provoking nature with the person of another or (2) intentional physical contact which causes physical harm to
another unless such physical contacts or physical harms were in defense of himself or herself.

Any student alleged to have committed an act of physical violence shall be suspended pending a hearing by a disciplinary hearing officer, panel, or tribunal. If appropriate, the decision of the disciplinary hearing officer, panel, or tribunal shall state whether the student may return to school and if so, the time for the student’s return to school.

A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in part (2) of that definition against a teacher, administrator, school bus driver, school official, or other school district personnel shall be expelled from this school district. The expulsion shall be for the remainder of the student’s eligibility to attend public school pursuant to O.C.G.A. § 20-2-150. The Board at its discretion may permit the student to attend an alternative education program for the period of the student’s expulsion. If the student is in kindergarten through grade 8, then the Board at its discretion and on the decision of the disciplinary hearing officer, panel or tribunal may permit the student to re-enroll in the regular public school program for grades 9-12. A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in part (2) of
that definition against a teacher, administrator, school bus driver, school official, or other school district personnel shall also be referred to juvenile court with a request for a petition alleging delinquent behavior. A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in part (1) of that definition against a teacher, administrator, school bus driver, school official, or other school district personnel may be disciplined by expulsion, long-term suspension, or short-term suspension. Nothing in this rule limits a student’s discipline for committing an act of physical violence against another student or person attending a school-related function, event, or activity whether on or off school grounds.

  • RULE 15: FIGHTING, AGGRESSIVE OR CONFRONTATIONAL BEHAVIOR (FIGHTING WORDS, POSTURING TO FIGHT)

Students are prohibited from fighting. Any student who uses disgraceful, shameful or abusive words which incite or could incite a breach of the peace, that is to say, words which would reasonably provoke a violent response from another individual, shall be considered guilty of using fighting words, which is also prohibited. Any student who uses body language that could reasonably be considered to intimidate or provoke another person or who takes a posture that is representative of someone attempting to fight, shall be considered guilty of posturing to fight, which is prohibited as well. In addition, any student who uses his or her body to intentionally block another person’s passage, to intimidate another person, or to grab, push, or touch another person is guilty of posturing to fight.

Students must make a good faith effort to peacefully settle all disputes without resorting to fighting or violent behavior; instead, disputes should be promptly reported to teachers, administrators, other school personnel, bus drivers, or other persons in positions of authority with the school district. Students shall immediately separate and stop fighting, using fighting words, or posturing to fight when ordered to do so.

*If a student is found to have engaged in physical acts of violence as defined by O.C.G.A. § 20-2-751.6, the student shall be subject to the penalties set forth in such code section. If a student is found to have engaged in bullying as defined by O.C.G.A. § 20-2-751.4(a) or in physical assault or battery of another person on the school bus, there shall be a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. (O.C.G.A. § 20-2-751.5)

  •  RULE 16: BULLYING

No student shall engage in bullying, including, but not limited to, cyber-bullying. Under O.C.G.A. § 20-2-751.4, “bullying” means an action which occurs on school property, on school vehicles, at designated school bus stops, or at school-related functions or activities, including, but not limited to, extracurricular activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of the school district, that is:

  • Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so;
  • Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or
  • Any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that:
  • Causes another person substantial physical harm within the meaning of O.C.G.A. § 16-5-23.1 or visible bodily harm as such term is defined in O.C.G.A. § 16-5-23.1;
  • Has the effect of substantially interfering with a student’s education or otherwise substantially infringing upon the rights of a student;
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
  • Has the effect of substantially disrupting the orderly operation of the school.
The term “bullying” also applies to acts of cyberbullying that originate on school property or involve the use of school
equipment, including, but not limited to, acts that occur within a school-sponsored online activity. Cyber-bullying means bullying that involves the use of electronic communication, including, but not limited to, communication devices and services, including, but not limited to, cellular telephones, cameras, computers, social media platforms, text messages, chat platforms, and internet sites. Electronic communication includes, but is not limited to, any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in
part by a wire, radio, electromagnetic, photoelectronic, or photo optical system. Electronic communication includes photographs and video and audio recordings.

Upon a finding by a school administrator that a student has committed an act of bullying or is a target or suspected victim of bullying, the administrator or designee shall notify the parent, guardian, or other person having control or charge of the student by telephone call or through written notice, which may be done electronically. Such notice shall, as appropriate under the circumstances, include referrals to resources for counseling and other appropriate services for students who have been found to have committed an offense of bullying or are targets or suspected
victims of bullying.

Acts of bullying shall be punished by a range of consequences through the progressive discipline process. However, upon a finding by the disciplinary hearing officer, panel or tribunal that a student in grades 6-12 has committed the offense of bullying for the third time in a school year, the student shall at a minimum be assigned to an alternative school.

Any report of retaliation for reporting bullying will also be investigated and addressed in accordance with school procedures.
 

  • RULE 17: THREATS AND INTIMIDATION

No student shall threaten, intimidate, or attempt to threaten or intimidate others with statements, gestures, and/or drawings, or communicate or attempt to communicate these threats with language that is spoken, written, body, electronic, or any means that could reasonably create fear or intimidation for any student, employee, official of the school system or any other person while on school grounds or in connection with school related functions and activities. This includes spreading rumors, regardless of their origin, that are threatening or create fear and intimidation.

  • RULE 18: TERRORISTIC THREATS

No student shall engage in terroristic threats. A student commits a terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substances, as such term is defined in O.C.G.A. § 12-8-92, or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. Violation of this rule may also result in reimbursing appropriate agencies for any costs related to such action.

  • RULE 19: ARTICLES UNRELATED TO SCHOOL INSTRUCTION - GENERAL

No toys, gum, candy, chips or drinks are allowed or to be sold in class or between classes without permission from a school official. No student shall have large sums of money at school or at school events. No student shall gamble or sell items to make a personal profit. No student shall be in possession of any other item deemed unrelated to school instruction.

  • RULE 20: ARTICLES UNRELATED TO SCHOOL INSTRUCTION - ELECTRONIC COMMUNICATION DEVICES

No student shall bring electronics, large sums of money, or any items not related to instruction. The use of cell phones or personal digital devices during instructional time is authorized only under the direction of the classroom teacher to support student instruction. Digital devices that have a listening feature should be disabled during the school day (from arrival to departure from the school property). The school assumes no responsibility or liability for lost or damaged cell phones or personal digital devices if brought to school.

Elementary School

All digital devices must be stowed away in student’s book bag or purse.

Unauthorized use of a cell phone, smartwatch, or other digital device during the school day or on a school bus may result in the following:

  1. First offense – staff member confiscates device and submits a behavior referral; staff member gives device to administration; administration contacts parents and returns device to student at the end of the school day.
  2. Second offense – staff member confiscates device and submits a behavior referral; staff member gives device to administration; administration contacts parents and returns device to student at the end of the school day.
  3. Third offense – staff member confiscates device and submits a behavior referral; staff member gives device to administration; administration contacts parents; student will serve one day of OSS; parent picks up the device at the end of the school day.
  4. Fourth offense – staff member confiscates device and submits a behavior referral; staff member gives device to administration; administration contacts parents; student will serve three days of OSS and be placed on a probation contract; parent picks up the device at the end of the school day.
  5. Fifth offense – staff member confiscates device and submits a behavior referral; staff member gives device to administration; administration contacts parents; student will serve five days of OSS and is referred to the Superintendent’s Designee for Discipline; parent picks up the device at the end of the school day.

Middle School/High School

Unauthorized use of a cell phone, smartwatch, or other digital device during the school day or on a school bus may result in the following:

  1. First offense – staff member confiscates device and submits a behavior referral; staff member gives device to administration; administration contacts parents; student picks up device at the end of the school day.
  2. Second offense – staff member confiscates the device and submits a behavior referral; staff member gives device to administration; administration contacts parents; student will serve one day of OSS; parent picks up the device from the school at the end of the school day.
  3. Third offense – staff member confiscates the device and submits a behavior referral; staff member gives the device to administration; administration contacts parents; student will serve three days of OSS; parent picks up the device at the end of the school day.
  4. Fourth offense – staff member confiscates the device and submits a behavioral referral; staff member gives the device to administration; administration contacts parents; student will serve five days of OSS and be placed on probation; parent picks up the device at the end of the school day.
  5. Fifth offense – staff member confiscates the device and submits a behavioral referral; staff member gives the
    device to administration; administration contacts parents; student will serve ten days of OSS and is referred to the Superintendent’s Designee for Discipline; parent picks up the device at the end of the school day.
Taking pictures or the recording of audio/video with cell phones or other digital devices at school is prohibited unless under the express direction of a teacher as a component of instruction or a project. Students utilizing a cell phone or digital device for the capture of photographs or audio/video may be subject to additional punishment under this progressive discipline code.

  •  RULE 21: TOBACCO, NICOTINE, AND ANY OTHER VAPING PRODUCTS

No student shall use, possess, or distribute tobacco, nicotine, or any other vaping product. This includes possession and/or use of a lighter, matches, any tobacco paraphernalia, e-cigarettes, vaporizer (vape pens), or similar paraphernalia.

  • RULE 22: UNLAWFUL USE OR POSSESSION OF ALCOHOL, DRUGS, OR OTHER INTOXICATING SUBSTANCES

No student shall possess, sell, use, distribute, or be under the influence of any legal or illegal drug in any form whatsoever, including, but not limited to alcohol, narcotics, cocaine, marijuana, depressants, stimulants, inhalants, hallucinogens, amphetamines, ecstasy, barbiturates, anabolic steroids, any additive or controlled substances, and intoxicants of all kinds, or any substance represented to be or reasonably appearing to be any type of drug. Use of a drug authorized by a medical prescription from a licensed physician shall not be considered a violation of this rule provided it is handled properly through the school nurse office. (Note: Students who need to have prescription drugs at school shall follow the procedures as specified under Effingham County Board of Education Policy JGCD (Medication). Students who are in possession of such prescription drugs who have not followed these “Medication” procedures shall be treated the same as one who possesses illegal drugs. Students must also comply with “Medication Administration at School” guidelines in the Health Services portion of this handbook.

  • RULE 23: WEAPONS/DANGEROUS INSTRUMENTS/HAZARDOUS OBJECTS

No student shall carry, possess, handle, control, purchase, sell, provide to others, or use any weapon or object that reasonably may be considered a weapon for any length of time (even a few seconds) and at any time or location covered by this Student Code of Conduct.

Weapons may include, but are not limited to:

  1. Any handgun, firearm, rifle, shotgun or similar weapon defined in O.C.G.A. § 16-11-127.1; any explosive compound or incendiary device; or any other dangerous weapon as defined in O.C.G.A. § 16-11-121, including a rocket launcher, bazooka, recoilless rifle, morter, hand grenade, or similar device; and
  2. Any hazardous object, including any dirk, bowie knife, switchblade knife, ballistic knife, any other knife, straight-edge razor, razor blade, spring stick, knuckles (whether made from metal, thermoplastic, wood, or other similar material), blackjack, bat, club, bludgeon-type weapon, flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely (which may be known as nun chahka, nun chuck, nunchaku, shuriken, or fighting chain), any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled (which may be known as a throwing star or oriental dart or instrument of like kind), nonlethal air gun, stun gun, taser, chemical spray, or similar object. Such term shall not include any of these instruments used for classroom work authorized by the teacher.

Any instrument which is designed for other purposes, but can easily be used to inflict injury (including, but not limited to, a pencil, hair pick, compass, etc.) shall be considered a weapon if the instrument is used or intended to be used in an aggressive, belligerent, or threatening manner, or to defend against such behavior.

With respect to a student who is determined to have violated this policy in connection with a weapon defined in paragraph 1 above, the student shall, at a minimum, be expelled from school for a period of not less than one calendar year; provided, however, that a hearing officer, tribunal, panel, administrator, superintendent, or local board of education shall have the authority to modify such expulsion requirement on a case-by-case basis.

A student who is determined to have violated this policy in connection with a weapon other than one defined in paragraph 1 above, the student shall be subject to discipline in accordance with this Student Code of Conduct.

Elementary School

  • Any student, in elementary school, who has in his or her possession a weapon, or uses or threatens to use, any object to inflict injury on another person shall be disciplined by the school principal in the appropriate manner.

Middle School/High School

  • Any student in middle and high school, who has in his/her possession a weapon, shall be automatically suspended from school. During the suspension, a complete investigation of the incident shall be conducted by the school administration.
  • Should the investigation conclude that there was no threat or intent involved, then the student and his/her parents must have a conference with the superintendent or his designee to determine if the student shall be allowed to return to school after the suspension is complete. A student who has in his/her possession a weapon with intent will be suspended from school for a minimum of ten days and referred to the Superintendent’s Designee for Discipline.
  • Students who possess any weapon with threat or intent in violation of this policy will be subject to a minimum of a one calendar year expulsion. The superintendent shall have the authority either before or after the student is referred for a disciplinary hearing to reduce the mandated one year expulsion under circumstances where the one year expulsion appears excessive to the superintendent. The hearing officer shall also have the authority to modify such expulsion requirements on a case-by-case basis in determining the appropriate punishment. Finally, in any decision appealed to the board of education, the board may reduce the mandated
    punishment but shall consider whether the superintendent and/or hearing officer considered a reduction and any rationale in denying such a reduction.

Reporting Requirements

  • Any student in middle and high school, who has in his/her possession a weapon, shall be automatically suspended from school. During the suspension, a complete investigation of the incident shall be conducted by the school administration.
  • Should the investigation conclude that there was no threat or intent involved, then the student and his/her parents must have a conference with the superintendent or his designee to determine if the student shall be allowed to return to school after the suspension is complete. A student who has in his/her possession a weapon with intent will be suspended from school for a minimum of ten days and referred to the Superintendent’s Designee for Discipline.
  • Students who possess any weapon with threat or intent in violation of this policy will be subject to a minimum of a one calendar year expulsion. The superintendent shall have the authority either before or after the student is referred for a disciplinary hearing to reduce the mandated one year expulsion under circumstances where the one year expulsion appears excessive to the superintendent. The hearing officer shall also have the authority to modify such expulsion requirements on a case-by-case basis in determining the appropriate punishment. Finally, in any decision appealed to the board of education, the board may reduce the mandated
    punishment but shall consider whether the superintendent and/or hearing officer considered a reduction and any rationale in denying such a reduction.

  • RULE 24: GANG OR GANG-LIKE ACTIVITY

Gang and gang-like activity is strictly prohibited in accordance with O.C.G.A. § 16-15-4. No student shall use, employ, or rely upon gang membership or affiliation to threaten, intimidate, or to harass verbally or physically other students or employees of the Effingham County Board of Education.

  • RULE 25: CRIMINAL LAW VIOLATORS/OFF-CAMPUS MISCONDUCT

In addition to the prohibition against cyberbullying, as defined in this code of conduct and local policy, a student may be subject to disciplinary action for any off-campus behavior which could result in the student being criminally charged with a felony and which makes the student’s continued presence at school a potential danger to persons or property at the school or which disrupts the educational process.

  • RULE 26: CUMULATIVE OFFENSES

Willful and persistent violations of the Student Code of Conduct may result in a referral to the Superintendent’s Designee for Discipline for appropriate action.

  • RULE 27: ACCEPTABLE USE OF INTERNET

No student shall violate the Acceptable Use Agreement (AUA) found in the Appendix of this handbook.

  • RULE 28: ENCOURAGING, CONSPIRING, OR COUNSELING ANOTHER TO VIOLATE THE STUDENT CODE OF CONDUCT

Any student who incites, advises, conspires, or counsels another person to engage in prohibited actions shall be
considered guilty of violating the Student Code of Conduct and may be punished accordingly.

  • RULE 29: STUDENT REPORTING OBLIGATIONS

Any student who has knowledge that another student has committed a violation (i.e., alcohol, drugs, intoxicating
substances, weapons, false alarms, bomb threats, etc.) of the Student Code of Conduct, and that violation significantly impacts the safe and orderly environment of the school, is bound to report such violation to the appropriate school officials. Violators of this rule will be subject to appropriate disciplinary action. Students are encouraged to use the school district’s Tip411 App to report any information related to violations of the Student Code of Conduct. Furthermore, any student who knowingly makes a false report to school officials is subject to disciplinary action.

  • RULE 30: FALSIFYING REPORTS

No student shall falsify, misrepresent, omit, or erroneously report information regarding instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student. Such reporting shall result in disciplinary action.

Referral To Law Enforcement Authorities

The Effingham County Board of Education and its employees will adhere to all federal and state laws, which require reporting certain violations to law enforcement agencies. These violations include, but are not limited to, the following:

  • Aggravated assault if a firearm is involved;
  • Aggravated battery;
  • Sexual offenses;
  • Carrying deadly weapons at public gatherings;
  • Carrying deadly weapons at school functions or on school property or within school safety zones;
  • Illegal possession of a pistol or revolver by a person under the age of 18;
  • Possession and other activities regarding marijuana and controlled substances;
  • False alarms.

Other violations may be reported to law enforcement authorities based upon administrative prerogative.