Code of Student Conduct - PARENT-STUDENT HANDBOOK 2022-2023
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2022-2023 Parent & Student Handbook P.O. Box 400, Lincolnton, NC 28093 201 Jeb Seagle Drive, Lincolnton, NC 28092 Phone: (704) 732-2261 www.lcsnc.org INFORMATION IN THIS HANDBOOK IS SUBJECT TO CHANGE The information provided is current at the time the handbook is posted online. Should there be any required policy changes based on the actions of the State Board of Education, North Carolina General Assembly or the local Board of Education, the content of this Parent-Student Handbook is subject to change without prior notice. Annual Public Notices from the Federal and State Government can be found at www.lcsnc.org.
2022-2023 Parent & Student Handbook Meet the Members of the Board of Education Heather H. Rhyne Chairperson 696 Springs Side Drive Lincolnton, NC 28092 704-735-1999 heatherrhyne@lincoln.k12.nc.us District: At-Large Term Expires: 2024 Christina Sutton Myra Heavner Joan S. Avery P.O. Box 831 Vice-Chairperson 358 Guy Heavner Road Lincolnton, NC 28093 3843 Lee Moore Road Lincolnton, NC 28092 704-473-2429 704-735-5263 Maiden, NC 28650 myra.heavner@lincoln.k12.nc.us joanavery@lincoln.k12.nc.us 704-736-5213 District: 1 District: 2 christina.sutton@lincoln.k12.nc.us Term Expires: 2024 Term Expires: 2022 District: 3 Term Expires: 2024 Mark L. Mullen D. Todd Wulfhorst Tony A. Jenkins P.O. Box 446 3758 Highway 16 North P.O. Box 1826 Lincolnton, NC 28093 Denver, NC 28037 Lincolnton, NC 28093 704-473-6311 704-483-3415 704-747-5228 markmullen@lincoln.k12.nc.us toddwulfhorst@lincoln.k12.nc.us tony.jenkins@lincoln.k12.nc.us District: 4 District: 5 District: At- Large Term Expires: 2024 Term Expires: 2022 Term Expires: 2022
2022-2023 Parent & Student Handbook Message from the Superintendent Dear LCS families: Welcome to the 2022-2023 school year. We want to ensure all parents, staff and students work together to create a positive and safe learning environment for our students. The Parent-Student Handbook contains policies and procedures that focus on student behavior, such as discipline, administration of medicine, school attendance, etc. This handbook is designed to inform and guide parents and students of the system wide expectations. Additionally, it has been developed to provide consistency from school to school across the district. If you have any questions regarding the information contained in this handbook, please feel free to contact your school principal. We look forward to partnering with you and your student to make certain this academic year is successful! Sincerely, Aaron Allen Superintendent #LCSCreatingANewPath
2022-2023 Parent & Student Handbook Central Services Administrative Staff 704-736-1017 Dr. Aaron Allen Superintendent Ext.30216 Dr. Heath Belcher Associate Superintendent for Instruction and Innovation Ext. 30182 Dr. Tim Beam Chief of Federal Programs & Student Support Ext. 30182 Leighann Campbell Transportation Coordinator Ext. 50105 Samantha Campbell Director of High School Education Ext. 30180 Diana Carpenter Chief Communications Officer and Director of Middle School Education Ext. 30169 Brian Clary Chief of Human Resources and Athletics Ext. 30209 Kimberly Davis Chief of Exceptional Children’s Services Ext. 30134 Eric Eaker Chief Operations Officer Ext. 30215 Steven Hoyle Chief Technology Officer Ext. 20138 Melanie Huss Director of Elementary School Education Ext. 30169 Beth McCraw Chief of Financial Operations Ext. 30155 Theodore Ramsey Maintenance Coordinator Ext. 40103 Shelly Rhyne Director of Child Nutrition Ext. 20128 Dr. Cale Sain Director of Career and Technical Education Ext. 20117 Dr. Joshua Sain Director of Academic Support and Learning Ext. 30135 Russell Saine Chief of Accountability and Student Information Ext. 30173
2022-2023 Parent & Student Handbook Page Table of Contents BOE Policy 1 Age Requirements for Initial Entry 4100 1 Immunization and Health Requirements for School Admission 4110 1 Homeless Students 4125 2 Meeting Domicile Requirements 4120 2 Attendance 4400 4 Technology Acceptable Use 3225/7320-R 4 Student Health Services 6120 4 Administering Medicines to Students 6125 5 Goals of School Nutrition Services 6200 5 Free and Reduced-Price Meal Services 6225 5 Charge Policy for Meals Served 6227 5 Special Dietary Needs 5 Authority of School Personnel 4301 6 Student Searches 4342 7 Drug Testing of Students 3623/4343 8 Alternative Learning Programs/Schools 3470/4305 8 Disciplinary Action for Exceptional Children/Students with Disabilities 4307 9 School Level Investigations 4340 9 Drugs and Alcohol 4325 10 Theft, Trespass, and Damage to Property 4330 11 Assaults and Threats 4331 11 Title IX Nondiscrimination on the Basis of Sex 1720/4030/7235 12 Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety 4333 13 Criminal Behavior 4335 14 Short-Term Suspension, Long-Term Suspension, 365 Day Suspension and Expulsion 4354 15 Tobacco Products - Students 4320 16 Integrity and Civility 4310 16 Academic Honor Code 4310-R 17 Disruptive Behavior 4315 18 Electronic Devices 18 Student Dress Code 4316-R 19 District-Wide Alternative Learning Center (ALC) 19 Misconduct on a School Vehicle 4317 19 School Bus Behavior/Safety 4317-R 23 Prom Attendance 23 Graduation Procedures 24 Weather Watch 24 North Carolina Safe Surrender Law 25 Family Educational Rights and Privacy Act (FERPA) 26 Information to Promote Healthy Schools and Healthy Youth 27 Directory of Schools
2022-2023 Parent & Student Handbook Age Requirements for Initial Entry- Homeless Students- BOE Policy 4125 BOE Policy 4100 As required by the North Carolina Constitution and The Board of Education requires all students to meet the North Carolina law, the board of education is committed eligibility requirements for school admission established to providing free public-school education to all children by the state and the board, including age. Any parent or who are legally entitled to enroll in the school system. In guardian who is unclear whether a child meets the age accordance with the McKinney-Vento Homeless requirements is encouraged to contact the elementary Assistance Act and the North Carolina State Plan for school that the child is likely to attend. Educating Homeless Children, the board will make reasonable efforts to identify homeless children and Immunization and Health Requirements for School youth of school age located within the area served by Admission- BOE Policy 4110 the school system, encourage their enrollment, and The Board of Education requires all students to meet the eliminate barriers to their receiving an education that eligibility requirements for school admission established may exist in school system policies or practices. by the State and the board, including immunization and health assessments. The principal or designee shall Based on individual need, homeless students shall be maintain on file immunization and health assessment provided services available to all students such as records for all students, and these records may be preschool, free or reduced-price school meals, services inspected by officials of the county or state health for English learners, special education, career and departments in accordance with state and federal law. technical education (CTE), academically or intellectually Each school principal shall file required reports with the gifted (AIG) services, and before- and-after-school care. Department of Health and Human Services and the Examples of homeless are: sharing the house with other Department of Public Instruction. persons due to the loss of housing, living in motels or hotels, living in emergency or transitional shelters, living Within 30 calendar days of his or her first day of in cars, parks, or public places, or living in a migratory attendance in the school system, each student must situation that qualifies as homeless because the child show evidence of age-appropriate vaccination in lacks a fixed, regular, and adequate residence. accordance with state law and regulation, including the following vaccines as applicable: Domicile or Residence Requirements- BOE Policy 4120 • DTaP (diphtheria, tetanus, and pertussis); A student who is domiciled within the geographic area • Poliomyelitis (polio); served by the school system, who is under the age of 21 • Rubeola (measles); (22 for students entitled to special education services), • Rubella (German measles); who has not completed the prescribed courses for high • Mumps; school graduation and who otherwise qualifies for • Haemophilus influenzae, type b (Hib); admission, is entitled to be admitted without payment • Hepatitis B; of tuition. Domicile requires the intent to abandon one’s • Varicella (chickenpox); prior home and remain in the new location as a • and any other vaccines as may be required by permanent home for an indefinite period. law or regulation. A student who received immunizations in a state other than North Carolina must present an official certificate that meets the immunization requirements of General Statute 130A-154(b). Exceptions to the immunization requirements shall be made only for religious reasons or for medical reasons approved by a physician pursuant to state law and regulation. 1
2022-2023 Parent & Student Handbook Meeting Domicile Requirements The principal shall notify parents and take all other steps 1. The domicile of a student under 18 years of age is required by General Statute 115C-378 for excessive, presumed to be the domicile of his or her parent, unexcused absences. Failure to comply with this law legal guardian or legal custodian as defined by the could result in truancy mediation or court action against General Statutes of North Carolina. the parent and/or child. 2. Domicile or emancipated students - if the student is 18 years of age, is married, or has been abandoned by his or her parents, or if the court declares a student to be emancipated, the student may establish a domicile independent from that of his or her parents, legal guardian or legal custodian. 3. Domicile of students with divorced or separated parents shall be determined as follows: • In the event that the student’s parents are Attendance Records divorced or separated and physical custody has School officials shall keep accurate records of been given to only one parent, the student’s attendance, including attendance records in each class. domicile follows that of the parent who has Students will be considered in attendance if present at been granted physical custody. least half of the instructional day on-site in the school or • If physical custody has not been determined or at a place other than the school attending an authorized has been granted jointly to both parents, or if school-related activity. the custodial parent wishes the student to attend school in the non-custodial parent’s Excused Absences system of residence, then the parents must An absence may be excused for any of the following jointly agree on which residence will be used to reasons: determine the student’s domicile. • The selection may not be changed during the 1. personal illness or injury that makes the student school year unless the parents satisfy the physically unable to attend school; board’s policies on transfers and releases. 2. isolation ordered by the local health officer or the • In the event the parents cannot agree on which State Board of Health; residence shall be used to determine the 3. death in the Immediate family; student’s domicile for school assignment 4. medical or dental appointments; purposes, school officials shall assign the 5. attendance at the proceedings of a court or student according to the residence of the administrative tribunal if the student is party to the parent with physical custody at the beginning of action or under subpoena as a witness; the school year. 6. a minimum of two days each academic year for observance of an event required or suggested by Attendance- BOE Policy 4400 the religion of the student or the student’s parent School attendance and class participation are integral or legal guardian; parts of academic achievement and the teaching- 7. participation in a valid educational opportunity, learning process. Through regular attendance, students such as travel or service as a legislative or develop patterns of behavior essential to professional Governor’s page, with prior approval from the and personal success in life. Regular attendance by principal; every student is mandatory. The State of North Carolina 8. pregnancy and related conditions or parenting, requires that every child in the State between the ages when medically necessary; or of 7 (or younger if enrolled) and 16 attend school. 9. a minimum of two days each academic year for visitation with the student’s parent or legal guardian if the student is not identified as at risk of academic failure because of unexcused absences. 2
2022-2023 Parent & Student Handbook Elementary/Middle School Makeup Work When a student is absent, a valid written excuse must In the case of excused absences, short-term out-of- be presented to the teacher or designee within three school suspensions, and absences under G.S. 130A- school days of the student’s return or the absence(s) will 440 (for failure to submit a school health assessment be coded “unexcused.” In the case of elementary or form within 30 days of entering school), the student will middle school students, excuse notes prepared and be permitted to make up his or her missed work. (See signed by parents will be accepted for 10 absences also policies 4110, Immunization and Health during the school year. Written documentation from a Requirements for School Admission, and 4351, Short- doctor, dentist, or court official must be submitted in Term Suspension.) order for absences beyond the limit of 10 parent approved absences per year to be officially coded as Assignments missed due to participation in school- “excused.” related activities also are eligible for makeup by the student. The teacher shall determine when work is to High School be made up. The student is responsible for finding out Excuse notes prepared and signed by parents will be what assignments are due and completing them within accepted for 5 absences during each semester. Written the specified time period. documentation from a doctor, dentist, or court official must be submitted in order for absences beyond the Unexcused Absence limit of 5 parent approved absences per semester to be The principal shall notify parents and take all other steps officially coded as “excused.” required by G.S. 115C-378 for excessive, unexcused absences. Any school disciplinary consequences for Tardiness and Early Dismissals unexcused absences will be consistent with Section D of When students arrive late or leave school early they policy 4300, Student Behavior Policies. miss valuable and irreplaceable instructional time as well as interrupt the teaching of other students within The superintendent or designee shall list in the Code of the classroom. North Carolina law states that it is the Student Conduct the specific range of consequences parent or guardian’s duty to ensure that a child attends that may be imposed on a student for such school for the entire day. Late arrivals or early dismissals offenses. Consequences may not exceed a short-term may be excused if the situation meets one or more of suspension of two days. the criteria established in the section titled “Excused Absences”. Chronic Absenteeism Because class attendance and participation are critical School-Related Activities elements of the educational process, any absences, While recognizing the importance of classroom learning, whether excused or unexcused, can have a negative the board also acknowledges that out-of-classroom, impact on a student’s academic achievement. Regular school-related activities can provide students with attendance must be prioritized within each school and valuable experiences not available in the classroom encouraged throughout the community. setting. The following school-related activities will not be counted as absences from either class or school: School administrators shall monitor and analyze attendance data to develop and implement strategies 1. field trips sponsored by the school; for reducing chronic absenteeism. Such strategies 2. job shadows and other work-based learning should involve engaging students and parents, opportunities, as described in G.S. 115C-47(34a); recognizing good and improved attendance, providing 3. school-initiated and scheduled activities; early outreach to families of students missing school, 4. athletic events that require early dismissal from and identifying and addressing barriers to attendance. school; and 5. Career and Technical Education student organization activities approved in advance by the principal. 3
2022-2023 Parent & Student Handbook Technology Acceptable Use- BOE Policy 3225/7320 A. Medication Administration by School Employees Technology is an integral part of the educational process - BOE Policy 6125 in Lincoln County Schools. Therefore, students and staff Authorized school employees may administer shall use technology appropriately and safely. In order medication to students when all of the following to provide equal access and maximize utilization of conditions are met: these shared resources, each student and staff member 1. The student’s parent must make a signed, written has a responsibility to ensure the security of these request that authorizes school personnel to systems, the proper use of these systems, and the safety administer the medication to the student. of all other users. 2. A health care practitioner must prescribe the medication for use by the student and provide Student Health Services- BOE Policy 6120 explicit written instructions for administering the The board will provide health services to students as medication. required by law. School employees may administer 3. The student’s health care practitioner must certify medication prescribed by a health care practitioner only that administration of the medication to the upon the written request of the parents; give student during the school day is necessary to emergency health care when reasonably apparent maintain and support the student’s continued circumstances indicate that any delay would seriously presence in school. worsen the physical condition or endanger the life of the 4. The employee must administer the medication student; and perform any other first aid or lifesaving pursuant to the health care practioner’s written technique in which training has been provided to school instructions provided by the student’s parent, and employees. A registered nurse also will be available to in accordance with professional standards. provide assessment, care planning, and ongoing evaluation of students with special health care service B. Emergency Medication needs in the school setting. Students who are at risk for medical emergencies must have an emergency health care plan. Students must Administering Medicines to Students- BOE Policy meet the requirements of subsection A.1, above, 6125 including providing authorization and instructions from The board recognizes that students may need to take the health care practitioner and written consent of the medication during school hours. School personnel may parent, in order for emergency medication to be administer medication prescribed by a health care administered by school personnel while the student is at practitioner upon the written request of the student’s school, at a school sponsored activity, and/or while in parent to minimize disruptions to the school day, transit to or from school or a school-sponsored event. medicines should be taken at home rather than at school whenever feasible. School officials may deny a C. Student Self-Administering Medications request to administer any medication that could be The board recognizes that students with certain health taken at home. conditions like diabetes or asthma, or an allergy that could result in an anaphylactic reaction, may need to possess and self-administer medication on school property in accordance with their individualized health care plan or emergency health care plan. 4
2022-2023 Parent & Student Handbook No middle school student will be deprived a meal. Middle school students will be allowed to charge an equivalent of nine (9) reimbursable meals. Middle school students that have exceeded the allowable charges will receive a differentiated meal consisting of a sandwich, fruit, and milk or water. No elementary school student will be deprived of a meal. Elementary students will be allowed to charge an equivalent of fifteen (15) reimbursable meals. Elementary students that have exceeded the allowable charges will receive a differentiated meal consisting of a sandwich, fruit, and milk or water. Goals of School Nutrition Services- BOE Policy 6200 The board recognizes that it is important for students to Our Child Nutrition Department allows parents to receive proper nutrition so that they are ready and able prepay for meals and put money on their child's account to take advantage of educational opportunities. The at http://www.k12paymentcenter.com. This website goals of the school nutrition services are as follows: also allows parents to get a detailed report of purchases made by their child. 1. operating the school nutrition program efficiently so that earnings may be used to reduce the cost of Special Dietary Needs food; Students with medical conditions such as allergies and 2. enhancing students’ ability to learn by offering a diabetes may request modification to school meals by variety of safe, nutritious, and appealing food; completing the Medical Statement form. Parents may 3. minimizing obesity; and obtain a special dietary needs form from the Child 4. providing courteous service. Nutrition Manager, Child Nutrition Office or by clicking here. Modifications to student meals cannot be made Free and Reduced-Price Meal Services- until a completed form with a physician’s signature is BOE Policy 6225 received. Medical Statement forms should be updated The school system will provide free meals and reduced annually or as medical conditions change. price meals to eligible students in the schools. The principal shall make applications for free or reduced Authority of School Personnel- BOE Policy 4301 price meals readily available to parents or guardians and The principal has the authority and responsibility to shall accept completed applications at any time during investigate and take appropriate action regarding any the school year. prohibited or criminal student behavior and any other behavior appropriately referred to him or her. The Charge Policy for Meals Served- BOE Policy 6227 principal is responsible for informing students and Lincoln County School System participates in the parents of any standards or rules that, if violated, could National School Lunch Program sponsored by the United result in short-term or long-term suspension or States Department of Agriculture (USDA) which permits expulsion. the school system to offer free and reduced priced meals to students who qualify. The teacher has the authority and responsibility to manage student behavior in the classroom when No high school student will be deprived a meal. High students are under his or her supervision. The teacher school students will be allowed to charge an equivalent is expected to implement the student behavior of two (2) reimbursable meals. High school students management plan and any other school standards or that have exceeded the allowable charges will receive a rules. The teacher may develop other standards or rules differentiated meal consisting of a sandwich, fruit, and consistent with the direction provided by the board, milk or water. superintendent, and school principal. 5
2022-2023 Parent & Student Handbook Every teacher, student teacher, substitute teacher, A search must be justified at its inception and voluntary teacher, teacher assistant or other school permissible in scope. School officials shall make employee is required to report to the principal all acts of reasonable, good faith efforts to investigate allegations violence occurring in school, on school grounds, or at of misconduct before a student search is conducted. any school-sponsored activity. Teachers and other school personnel have the authority to manage or Reasonable suspicion is not required if a student freely remove disruptive or dangerous students. School and voluntarily consents and agrees to the search of his personnel may use reasonable force to control behavior or her person or possessions. or to remove a person from the scene in those situations when necessary: A student’s failure to cooperate with a reasonable search or seizures as provided in this policy will be • to correct students; considered a violation of the expected standard of • to quell a disturbance threatening injury to others; behavior, and will be subject the student to • to obtain possession of a weapon or another appropriate consequences. dangerous object on the person, or within the control of a student; Searches of Personal Effects • for self-defense; School officials may search a student’s desk, locker, and • for the protection of persons or property; or or personal effects, including but not limited to purses, • to maintain order on school property. book bags, and outer clothing. Policy 4318, Use of Wireless Communication Devices, addresses the Students must comply with all directions of principals, circumstances under which searches of student cell teachers, substitute teachers, student teachers, teacher phones and other electronic devices may be conducted. assistants, bus drivers, and all other school personnel School officials may search the interior of a student’s who are authorized to give such directions, during any motor vehicle. period of time when they are subject to the authority of such personnel. A school official may conduct a frisk or “pat down” search of a student’s person. The search must be Consequences conducted in private by a school official of the same sex and with an adult witness present. Consequences for insubordination or failing to comply with the direction of school personnel will In an effort to maintain a safe, drug-free, and weapon- be provided in accordance with the school free learning environment, school officials may conduct district’s Student Behavior Management Plan certain types of general searches in the schools. (LCS Board Policy 4302). For repeated or serious violations, the principal may suspend a student from school for up to ten days. Student Searches- BOE Policy 4342 School officials have the authority to conduct reasonable searches of students and to seize students’ unauthorized materials for the purpose of maintaining a safe, orderly environment and upholding standards of conduct established by the board or school. All school officials carrying out a search or seizure is expected to be knowledgeable about the constitutional rights of students and the appropriate procedures for conducting the search or seizure. 6
2022-2023 Parent & Student Handbook Consequences of Positive Tests A student that tests positive for illegal drugs or alcohol shall not be subjected to a traditional academic punishment, including but not limited to, in-school or out of school suspension. Furthermore, the student will lose no academic course credit as a result of a positive test result. Lastly, Lincoln County Schools shall not notify law enforcement of any positive test results. Drug Testing of Students- BOE Policy 3623/4343 The Lincoln County Board of Education recognizes that First Positive Test: drug use by students results in a significant health and 1. The MRO shall notify the student and student’s safety risk to students and the educational parent/guardian of the positive test result. The environment. The board further recognizes that drug parent/guardian will have three (3) calendar use by student athletes and student drivers increases days to conference with the MRO to confirm these health and safety risks. the results of the test. If the parents fail to conference with the MRO, the test will be It is the intent of the Lincoln County Board of Education reported to the Superintendent’s designee as to maintain a drug-free atmosphere in its schools. The “positive-non-contact.” testing of student athletes and students that hold 2. The MRO shall notify the Superintendent’s campus parking permits for drugs is intended to be a designee who shall notify the student’s helpful part of the overall physical, mental and health principal, athletic director and coach, when education of students. applicable. 3. The student testing positive for drugs or Notice alcohol will be ineligible to participate in all Information concerning this policy and any mandatory athletics for ninety (90) days. random drug testing programs will be provided during 4. Prior to returning to any activities subject to sign-up for all activities subject to this policy will be this policy, the student must provide a negative result from a test administered by the addressed at freshmen orientation, will be included in Contracted Test Administrator. The cost of this the student handbook, will be explained to students and drug test is the responsibility of the student. faculty at least once a year. Second Positive Test: Reasonable Suspicion Drug Testing for Students 1. Upon a second positive test at any time during When a principal or assistant principal has a reasonable the student’s school career, the contracted basis to believe that a student is using or is under the MRO shall notify the Superintendent’s influence of a controlled substance at school, the school designee and the student’s parents. The administrator may require that the student submit to a parent/ guardian will have three (3) calendar drug test, at board expense, to determine whether the days to conference with the MRO to confirm administrator’s belief is justified. the results of the test. If the parents fail to conference with the MRO, the test will be If the test results are negative for the presence of an reported to the Superintendent’s designee as illegal drug, the student will be found innocent of the “positive-non-contact.” allegations of misconduct. A decision by the student or 2. The Superintendent’s designee shall notify the the student’s parents not to be tested will result in the student’s principal, athletic director and coach, immediate and permanent removal of the student from when applicable. the activities subject to this policy. If test results are positive for the presence of drugs, the results will be considered relevant corroborative evidence of a violation of policy 4325, Drugs and Alcohol. The student will be disciplined in accordance with policy 4325. 7
2022-2023 Parent & Student Handbook Transfers to the Alternative School 3. The student testing positive for drugs or Students generally are assigned to a school based on alcohol will be ineligible to participate in all attendance area. athletics for 365 days from the date of the positive test. However, as provided by law, the board may assign any 4. Prior to returning to any of the activities student to a school outside of his or her attendance area subject to this policy, the student must in order for the student to attend a specialized school or provide a negative result from a test for any other reason the board, in its sole discretion, administered by the Contracted Test deems sufficient. Administrator. The cost of this drug test is the responsibility of the student. Students may be transferred to an alternative school as a consequence of the student’s behavior, on a voluntary or involuntary basis. Placement decisions should be Third Positive Test: made utilizing school personnel or team information 1. Upon a student’s third positive test any time that is relevant to any specific classification of the during the student’s school career in Lincoln individual student (e.g., IEP Team, 504 Committee, County, the MRO shall notify the Student Services Management Team, School-based Superintendent’s designee, the student, and Committee, etc.). the student’s parents. The parent/guardian will have three (3) calendar days to Please refer to LCS Board Policy 3470/4305 for the conference with the MRO to confirm the procedures for referral to the alternative school. results of the test. If the parents fail to conference with the MRO, the test will be reported to the Superintendent’s designee as “positive-non-contact.” 2. The student will be ineligible to participate in any activities subject to this policy for the remainder of his or her school career. Alternative Learning Programs/Schools- BOE Policy 3470/4305 The board is committed to the goal of providing a safe and orderly learning environment in each school. The educational program, student behavior management Disciplinary Action for Exceptional Children plans, and numerous other strategies identified in board /Students with Disabilities- BOE Policy 4307 policy are intended to create such an environment and Disciplinary actions for students with disabilities to help each student be a successful and contributing identified as exceptional children according to North member of the school community. Carolina guidelines will conform to the Policies Governing Services for Children with Disabilities as As used in this policy and context, an alternative learning adopted by the State Board of Education. If the Policies program or school may serve as the site to: (1) deliver Governing Services for Children with Disabilities manual educational services required by G.S. 115C-390.9 or does not fully address a particular issue, the director of 390.10 to a student who is serving a long-term or 365- exceptional children will develop any necessary day suspension; (2) provide concentrated support for protocols consistent with state and federal law. All students at risk of academic failure; and/or (3) deliver students with disabilities will be accorded all rights as educational and other services to students who are or provided by state and federal law. may be disruptive to a safe and orderly learning environment in the regular educational setting. 8
2022-2023 Parent & Student Handbook School Level Investigations- BOE Policy 4340 Drugs and Alcohol- BOE Policy 4325 The board is committed to creating a safe and orderly Unauthorized or illegal drugs and alcohol are a threat to environment for students and staff. Principals are safe and orderly schools and will not be tolerated. The authorized and responsible for investigating conduct superintendent is responsible for ensuring that this that may violate a board policy, school standard, school policy is consistently applied throughout the school rule or the Code of Student Conduct. system. This policy applies to students while on school property or at a school-sponsored event or activity Any student who has violated board policy, school (whether on or off school property) and at any other standard, school rule, or the Code of Student Conduct time or place where the conduct is reasonably expected must accept the consequences for his or her to have a direct and immediate impact on the orderly misbehavior. All consequences must be administered in and efficient operation of the schools or the safety of a fair and nondiscriminatory manner. The school individuals in the school environment. administrator shall take the following steps in addressing all cases of alleged misbehavior: Reporting Criminal Behavior BOE Policy 4335 (Criminal Behavior) • investigate the facts and circumstances related to the alleged misbehavior; Any school employee is permitted to report to law • offer the student an opportunity to be heard on the enforcement an assault by a student on a school matter; and employee. Principals or other supervisors shall not, • determine whether a board policy, school standard, by threats or in any other manner, intimidate, or school rule or the Code of Student Conduct has attempt to intimidate the school employee from been violated. doing so. Principals must immediately report to law enforcement the following acts when they have If a violation has occurred, the school administrator shall personal knowledge or actual notice from school implement an appropriate consequence in accordance personnel that such acts have occurred on school with the school’s plan for managing student behavior, property, regardless of the age or grade of the the Code of Student Conduct, (LCS Board Policy 4300) or perpetrator or victim: applicable board policy. Parents are to be notified and involved in accordance with LCS Board Policy 4341 1. assault resulting in serious personal injury; (Parental Involvement in Student Behavior Issues). 2. sexual assault; When the misbehavior may result in a suspension or an 3. sexual offense; expulsion from school, procedures provided in related 4. rape; board policies also will apply. 5. kidnapping; 6. indecent liberties with a minor; A student with disabilities recognized by Section 504 of 7. assault involving the use of a weapon; the 1973 Rehabilitation Act of 1973 or the Individuals 8. possession of a firearm in violation of the law; with Disabilities Education Act (IDEA) will be accorded all 9. possession of a weapon in violation of the law; rights granted by federal and state laws and regulations. 10. possession of a controlled substance in violation of the law. A principal who willfully fails to make a required report to law enforcement will be subject to disciplinary action, up to and including dismissal. The principal or designee shall notify the superintendent or designee in writing or by e-mail of any report made by the principal to law enforcement. Ideally, such notice must occur as soon as the incident occurred or when the principal gained knowledge of such incident. 9
2022-2023 Parent & Student Handbook Prohibited Behavior Trespass: Students are prohibited from trespassing Students are prohibited from possessing, using, selling, on school property. A student will be considered a or being under the influence of any of the following trespasser and may be criminally prosecuted in any of substances: narcotic drugs; hallucinogenic drugs; the following circumstances: amphetamine; barbiturates; marijuana; synthetic a. the student is on the campus of a school to stimulants, and synthetic cannabinoids; and any other which he or she is not assigned during the controlled substance; any alcoholic beverage, malt school day without the knowledge and consent beverage, fortified or unfortified wine or other of the officials of that school; intoxicating liquor; any chemicals, substances or b. the student is loitering at any school after the products procured or used with the intention of bringing close of the school day without any specific about a state of exhilaration or euphoria or of otherwise need or supervision; or altering the student’s mood or behavior. c. the student has been suspended from school but is on the property of any school during the Consequences suspension period without the express permission of the principal. As required by policy 4335, Criminal Behavior, the principal must report to the appropriate Damage to Property: Students are prohibited from law enforcement agency any student who has damaging or attempting to damage any school property used or possessed a controlled substance in or private property. violation of law while on school property. Selling or Possession with the Purpose of Selling Students are prohibited from possessing, using, selling, delivering, or manufacturing drug paraphernalia, including but not limited to rolling papers, roach clips, lighters, matches, vaping devices, vape liquid containers, pipes, syringes, and other delivery devices for prohibited substances. Appropriate Legal Action In addition, depending upon the circumstances, a student may be permanently expelled (see LCS Board Policy 4354 Short-Term Suspension, Long-Term Suspension, 365-Day Suspension and Expulsion). Theft, Trespass, and Damage to Property- Consequences BOE Policy 4330 First Offense: Up to five days suspension and The board will not tolerate theft, trespass or damage to conference with parent. property by any student. Any student engaging in such behavior will be removed from the classroom or school environment for as long as is necessary to provide a safe Second Offense: Up to ten days suspension and and orderly environment for learning. conference with parent. Theft: Students are prohibited from stealing or attempting to steal school or private property and/or Third Offense: Ten days suspension and recommend from knowingly being in possession of stolen property. suspension for the rest of the year. + 10
2022-2023 Parent & Student Handbook Assaults, Threats and Harassment and Bullying Consequences First Offense: Up to ten days suspension and conference with parent. Second Offense: Up to ten days suspension and conference with parent. Third Offense: Ten days suspension and recommend suspension for the rest of the year. The school administrator has the authority to vary from Harassment and bullying are further defined in policy the above-mentioned consequences if the severity of 1710/4020/7230, Discrimination and Harassment the offense warrants such judgment. + Prohibited by Federal Law. Assaults and Threats- BOE Policy 4331 North Carolina requires each school system to track and The board will not tolerate assaults or threats from any report all incidents of the following: bullying, verbal and student. Any student engaging in such behavior will be sexual harassment. The state now defines sexual removed from the classroom or school environment for contact (General Statute 14-27.1) to include the as long as is necessary to provide a safe and orderly touching of any sexual organ, breast, groin, or buttocks environment for learning. of any person, a person touching another person with their sexual organ, breast, groin, or buttocks. Assault, Fighting, Injury Students are prohibited from assaulting, physically Title IX Nondiscrimination on the Basis of Sex- injuring, attempting to injure, or intentionally behaving BOE Policy 1720/4030/7235 in such a way as could reasonably cause injury to any The school system does not discriminate on the basis of other person. Assault includes engaging in a fight. sex in its education programs or activities and is required by Title IX of the Education Amendments Act of Threatening Acts 1972 and federal regulations to not discriminate in such Students are prohibited from directing toward any other a manner. This requirement extends to admission and person any language that threatens force, violence or employment. The board will not tolerate discrimination disruption, or any sign or act that constitutes a threat of on the basis of sex, including any form of sexual force, violence or disruption, including social media harassment as that term is defined under Title IX, in any threats. Bomb and terrorist threats are also addressed program or activity of the school system. in LCS Board Policy 4333, Weapons, Bomb Threats, Terrorist Threats and Clear Threats to Safety. Harassment Students are prohibited from engaging in or encouraging any form of harassment, including bullying of students, employees or other individuals on school grounds or at school related functions. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. The hostile environment may be created through pervasive or persistent misbehavior or a single incident if sufficiently severe. 11
2022-2023 Parent & Student Handbook Consequences Prohibited Behavior Students are prohibited from possessing, handling, 1. Elementary Schools using or transmitting, whether concealed or open, any Except where certain consequences for weapon or any instrument that reasonably looks like a misbehavior are required by law, principals in weapon or could be used as a weapon. Weapons the elementary grades are expected to use good include, but are not limited to the following: judgment and reasonable discretion in determining the appropriate consequences for a. loaded and unloaded firearms, including guns, violation of board policies, school standards, or pistols, and rifles; rules. b. destructive devices, as described in subsection 2. Middle and High Schools B 2 of this policy including explosives, such as First Offense: Up to ten days suspension and dynamite cartridges, bombs, grenades, and conference with parent. mines; Second Offense: Up to ten days suspension and c. nuclear, biological, or chemical weapons of conference with parent. mass destruction as defined in G.S. 14- Third Offense: Ten days suspension and 288.21(c); recommended suspension for the remainder of d. knives, including pocket knives, bowie knives, the year. switchblades, dirks and daggers; e. slingshots and slungshots; f. leaded canes; The school administrator has the authority to vary from g. blackjacks; the above-mentioned consequences if the severity of h. metal knuckles; the offense warrants such judgment. i. BB guns; j. air rifles and air pistols; **For information on what constitutes discrimination, k. stun guns and other electric shock weapons, harassment and bullying and the reporting and such as tasers; complaint procedures, see Board Policy 1710 available l. ice picks; at www.lincoln.k12.nc.us. m. razors and razor blades (except those designed and used solely for personal shaving); Weapons, Bomb Threats, Terrorist Threats, and n. fireworks; Clear Threats to Safety- BOE Policy 4333 o. gun powder, ammunition, or bullets; The board will not tolerate the presence of weapons or p. any sharp pointed or edged instruments, except destructive devices, bomb or terrorist threats, or actions unaltered nail files and clips and tools used that constitute a clear threat to the safety of students or solely for preparation of food, instruction and employees. Any student who violates this policy will be maintenance; and removed from the classroom or school environment for q. Mace, pepper spray, and other personal as long as is necessary to provide a safe and orderly defense sprays. environment for learning. No student may knowingly or willfully cause, encourage, or aid another student to possess, handle, or use any weapon or weapon-like item listed above. A student who finds a weapon or weapon-like item, who witnesses another student or other person with such an item, or who becomes aware that another student or other person intends to possess, handle or use such an item must notify a teacher or the principal immediately. Middle and high school students may also utilize the anonymous safety tip line for reporting risks to the school population. 12
2022-2023 Parent & Student Handbook Transfer to an alternative school may be made in General Consequences accordance with the criteria established in policy 3470/4305, Alternative Learning Programs/Schools. The disciplinary consequences for violations of The student will continue to be provided with this policy shall be consistent with Section D of educational opportunities unless and until the student is policy 4300, Student Behavior Policies. The found to have violated board policy or school rules and superintendent or designee shall list in the Code is suspended or expelled in accordance with procedures of Student Conduct the specific range of established in board policy. consequences that may be imposed on a student for violations of this policy. G.S.115C-366(a5), a local board may deny admission to or place reasonable conditions on the admission of a student who has been suspended from a school under Specific Consequences Mandated by Law G.S. 115C-390.5 through G.S. 115C-390.10 or who has been suspended from a school for conduct that could As required by law, a student who brings or have led to a suspension from a school within the local possesses a firearm or destructive device on school administrative unit where the student is seeking school property or at a school-sponsored event admission until the period of suspension has expired. must be suspended for 365 days, unless the Also, a local board may deny admission to or place superintendent modifies, in writing, the required reasonable conditions on the admission of a student 365-day suspension for an individual student on who has been expelled from a school under G.S. 115C- a case-by-case basis. 390.11 or who has been expelled from a school for behavior that indicated the student's continued presence in school constituted a clear threat to the The school administrator has the authority to vary from safety of other students or staff as found by clear and the above-mentioned consequences if the severity of convincing evidence, or who has been convicted of a the offense warrants such judgment. Please review LCS felony in this or any other state. If the local board denies Board Policy 4333 for other examples. admission to a student who has been expelled or convicted of a felony, the student may request the local Criminal Behavior- BOE Policy 4335 board to reconsider that decision in accordance with Criminal or other illegal behavior is prohibited. Any G.S. 115C-390.12. student who the principal reasonably believes has engaged in criminal behavior on school premises or at Reporting Criminal Behavior school activities will be subject to appropriate Principals must immediately report to law enforcement disciplinary action, as stated in applicable board policies, the following acts when they have personal knowledge and also may be criminally prosecuted. or actual notice from school personnel that such acts have occurred on school property, regardless of the age Students Charged with or Convicted of Criminal or grade of the perpetrator or victim: assault resulting in Behavior serious personal injury; sexual assault; sexual offense; The superintendent and principal may take reasonable rape; kidnapping; indecent liberties with a minor; or legally required measures to preserve a safe, orderly assault involving the use of a weapon; possession of a environment when a student has been charged with or firearm in violation of the law; possession of a weapon convicted of a serious crime, regardless of whether the in violation of the law; and possession of a controlled alleged offense was committed on school grounds or substance in violation of the law. related to school activities. Depending upon the circumstances, including the nature of the alleged crime, the child’s age, and the publicity within the school community, reasonable or legally required efforts may include changing a student’s classroom assignment or transferring the student to another school. 13
2022-2023 Parent & Student Handbook Short-Term Suspension- BOE Policy 4354 designed to give actual notice. School officials also shall A short-term suspension is the disciplinary exclusion of maintain a copy of the written notice in the student’s a student from attending his or her assigned school for educational record. up to ten (10) school days. So long as all relevant Board policies are followed, the principal has the authority to Long Term Suspension, 365-Days Suspension and determine when a short-term suspension is an Expulsion- BOE Policy 4354 appropriate consequence and to impose the Long-term suspension is the disciplinary exclusion of a suspension. A student under short-term suspension student from attending his or her assigned school for must be provided the following: more than ten (10) school days. Disciplinary reassignment of a student to a full-time educational • The opportunity to take textbooks home for the program that meets the academic requirements of the duration of the suspension; standard course of study established by the State Board • Upon request, the right to receive all missed of Education and that provides the student the assignments and, to the extent practicable, the opportunity to make timely progress toward graduation materials distributed to students in connection with and grade promotion is not a long-term suspension the assignment; and requiring the due process procedures set out in this • the opportunity to take any quarterly, semester or Policy. grading period examinations missed during the suspension period. Appeal of Long-Term or 365 Suspensions A student or parent/guardian must appeal to the Board a long-term or 365-day suspension approved by the Superintendent. The student or parent/guardian must appeal to the Board, in writing, within three (3) days of receiving the superintendent’s decision. The superintendent will inform the Board chairperson of the request for an appeal and arrange in a timely manner a hearing before the Board. The suspension need not be postponed pending the outcome of the appeal. The Board will provide the opportunity for a hearing which follows the rules established herein for an Administrative Review hearing, except the Superintendent or designee will represent the school When imposing a short-term suspension, the principal district and the Board or a panel of the Board shall be or designee shall provide the student’s parent or the decision maker. If a hearing has already been held guardian with notice that includes the reason for the by an the Superintendent or Team, the hearing rules suspension and a description of the student conduct may be modified at the Board's discretion to limit upon which the suspension is based. The principal or presentations of testimony to the student, student's designee must give this notice by the end of the workday parent/guardian and representative and the school during which the suspension is imposed when district's representative. The student and the reasonably possible, but in no event more than two (2) superintendent may be represented by legal days after the suspension is imposed. If English is the counsel. The Board also may limit documentation to the second language of the parent, the notice must be records and evidence produced at the Administrative provided in English and in the parent’s primary Review hearing, unless there is a substantial threat of language, when the appropriate foreign language unfairness. resources are readily available. Both versions must be Students with disabilities recognized by the Individuals in plain language and easily understandable. with Disabilities Act must receive alternative educational services during periods of suspension or The initial notice may be by telephone, but it must be expulsion to the extent required by law. followed by timely written notice. The written notice must include all of the information listed above and may be sent by fax, e-mail or any other method reasonably 14
2022-2023 Parent & Student Handbook The principal or designee shall also inform the • student discipline record or criminal record related parent/guardian whether or not the student is eligible to anti-social behavior or drugs and alcohol; for an alternative education program and, if not eligible, • whether any weapon was involved and the capacity the reason(s) for the ineligibility. to inflict serious injury or death with it; • any evidence of the student’s capability to cause the harm intended or that occurred; and • whether the student is subject to Policy 4260- Student Sex Offenders. Harm Caused by the Student Harm caused by the student will be assessed by considering the following: • anyone was physically injured or killed; • anyone was directly threatened or property extorted by the use of a weapon; • anyone was directly harmed, emotionally or An expulsion is the indefinite exclusion of a student from psychologically; school enrollment for disciplinary purposes. Upon the • school property or personal property of others was Superintendent’s recommendation, the Board may damaged; or expel a student who is fourteen (14) years of age or • students, school employees or parents were aware older if the student’s continued presence in school of the presence of a weapon or other behavior. constitutes a clear threat to the safety of other students or employees. Additionally, a student who is subject to After considering the above factors, the principal will Policy 4260- Student Sex Offenders may be expelled if make a recommendation to the Superintendent stating the student’s continued presence in school constitutes the nature of the offense, the evidence involved, and a clear threat to the safety of other students or the length of the suspension recommended. The employees. During the expulsion, the student is not principal also must consider and make a entitled to be present on educational property and is recommendation about any alternative education, not considered a student of the school system. counseling or other program that should be part of the consequence for violating the Board’s policy, the Code Determination of Appropriate Consequences of Student Conduct, school standards or rules. The principal will propose any suspensions beyond ten days based upon a documented review of the student’s Tobacco Products - Students- BOE Policy 4320 culpability, dangerousness, and the harm caused by the The board is committed to creating safe, orderly, clean student. and inviting schools for all students and staff. The board also supports state and federal laws that prohibit the Culpability of Student use of tobacco products in school buildings or on school Culpability will be assessed by considering criteria such campuses. as: • the student’s age; Prohibited Behavior • the ability to form intent to cause harm that In support of the board’s commitments and state and occurred or could have occurred; and federal law, students are prohibited from using or • evidence of the student’s intent in engaging in the possessing any tobacco product (1) in any school conduct. building, school vehicle, or on the school grounds at any time; (2) at any school-related activity, including athletic Dangerousness of the Student events; or (3) at any time when the student is subject to Dangerousness of the student will be assessed by the supervision of school personnel, including during considering criteria such as: school trips. 15
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