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Important Student Discipline Information
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The following is general information regarding discipline:
- A principal, or other personnel designated to perform the duties normally performed by the principal, may suspend a student for violation of school rules or for any other act of misconduct or insubordination for a period not exceeding ten (10) school days. Oral notice and an opportunity to discuss the matter with the principal or an assistant principal must be given to the student as soon as is practicable, and written notice (disciplinary referral) stating the reason for suspension shall be given to parents or guardians within a reasonable time, not to exceed one school day.
- Students under short-term suspension (1–10 days), long-term suspension (10 or more days), or expulsion are not allowed on any Gwinnett County school campus or to attend any school activity, function, or event. Students assigned to in-school suspension are not allowed to participate in extracurricular activities on the date of their ISS assignment.
- All dangerous weapons, instruments, or controlled substances confiscated by school authorities are to be turned in to Safety and Security.
- A student is considered to be in possession of an illegal and/or banned item(s) or substance(s) when such item(s) or substance(s) is found on the person of the student, in their possession, in their locker, in a student’s vehicle on school property, or in any vehicle a student brought on school property, on property being used by the school, at any school function or activity, or any school event held away from the school.
- Students are prohibited from engaging in gang/hate group or hazing related activities in school.
- School administrators and/or their designated representatives possess the authority to conduct a reasonable search of students, including, but not limited to, their possessions, lockers, and vehicles when on school property, on property being used by the school, at any school function or activity, or at any school event held away from the school if it is established there is reasonable suspicion that the search will reveal a violation of the law, the Student Conduct Behavior Code, or local school rules.
- A student may be considered a party to a violation of the Student Conduct Behavior Code and disciplined for the underlying offense where the student: (1) Directly violates the Student Conduct Behavior Code; (2) Intentionally causes some other person to commit a violation of the Student Conduct Behavior Code; (3) Intentionally aids or abets another in a violation of the Student Conduct Behavior Code; or (4) Intentionally advises, encourages, hires, counsels, or procures another to commit a violation of the Student Conduct Behavior Code. A student may be considered a party to a violation of the Student Conduct Behavior Code even where the underlying actors are not students subject to the Code.
- Certain violations of the Student Conduct Behavior Code may also be violations of state law and juvenile authorities, or other law enforcement agencies may address the student’s misconduct in accordance with state laws, in addition to the school system’s administrative procedures and regulations.
- Students are to notify an administrator or staff member when suspected illegal items, dangerous items, or other items banned from school are found in the school building, on the school campus, or on the school bus. Students are advised not to pick up or handle illegal, dangerous, banned, or unidentified items.
- Students who are under suspension or expulsion through spring semester will not be allowed to participate in any school-sponsored activities, including the prom, graduation exercises, or baccalaureate ceremonies.
- Students should recognize their responsibility to know the contents of this student discipline handbook information and to ask the local school administration or staff for any clarification. All students, regardless of age, are subject to the rules and regulations of the Gwinnett County Public Schools. Each local school will review the contents of this handbook information with its students.
- State law requires that certain criminal offenses committed by a student while on school property or at a school-sponsored activity, function, or event be reported to the principal, school superintendent, appropriate law enforcement authority, and the District Attorney. (O.C.G.A. § 20-2-1184).
- Georgia law makes it unlawful for any person to manufacture, distribute, disperse, or possess with the intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education. Any person who violates or conspires to violate this code section shall be guilty of a felony. (O.C.G.A. § 16-13-32.4)
- Students coming from DJJ (Department of Juvenile Justice) placement
- During the regular school year, students who are on long-term suspension from their regular school and who are currently enrolled at the GIVE Centers are allowed to enroll in online courses, with approval of the GIVE Centers’ administration. Students not enrolled at the GIVE Centers will not be allowed to enroll. GIVE students must pay for online classes taken during summer school.
- After a disciplinary tribunal has been held, textbooks, materials, or equipment belonging to the local school must be returned to a school administrator at their local school.
- The Unsafe School Choice Option provides students at schools classified as “persistently dangerous” with the option of transferring to another school. Major offenses, including, but not limited to, drug and weapon offenses, can lead to a school being named “persistently dangerous” or unsafe pursuant to State Board of Education Rule 160-4-8-.16.
Student Infractions and Behavioral Responses
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SRO Notification: Rules marked with an “X” require the local school administrator to notify the SRO. If a rule is marked with “XX,” the SRO will notify the District Attorney’s office.
Rule 1: Disruption and Interference with School
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No student shall cause or attempt to cause (either directly or indirectly) a disruption or interference with school by any means including, but not limited to, any of the following behaviors:
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Mandatory Reporting of Repeated and Substantial Class Interference
Teachers in Gwinnett County Public Schools are required to report any student’s violation of the Student Conduct Behavior Code which repeatedly or substantially interferes with the teacher’s ability to communicate effectively with the students in their class or with the ability of the students in their class to learn. Teachers shall report any such incidents to the principal or the principal’s designee within one school day of the most recent occurrence of such behavior. Such report shall not exceed one page and shall describe the behavior. The principal or the principal’s designee shall, within one day of receiving such report, send to the student’s parents or guardians a copy of the report, and information regarding how the principal or the principal’s designee may be contacted. See O.C.G.A. § 20-2-737.
Student Removal from Class
A teacher may remove or refer to the principal or designee a student from class if the student has exhibited behavior that repeatedly or substantially interferes with the teacher’s ability to teach students in their class or the ability of other students to learn in the class. See O.C.G.A. § 20-2-738(a- h).
Where a teacher has previously filed a report of a student’s repeated or substantial interference with the classroom or where the behavior of a student poses an immediate threat to the safety of student’s classmates or the teacher, the teacher shall have the authority to remove the student from the classroom pursuant to O.C.G.A. § 20-2-738.
Each school will have a placement review committee. The placement review committee shall be responsible for determining the appropriate placement of a student when the principal recommends that the student be returned to the classroom and the teacher withholds consent for the student’s return. The placement review committee shall consist of three members, including two teachers and one alternate teacher chosen by the faculty and a member of the professional staff chosen by the principal. See O.C.G.A. § 20-2-738(d).
Rule 2: Damage, Destruction, or Misuse of School Property or Equipment
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A student shall not cause or attempt to cause damage to school property or alter/misuse school technology or any other equipment, including accessing unauthorized areas on the computer. A student shall not steal or attempt to steal school property. A student shall not engage in authorized access/alteration of school/teacher/student records maintained by GCPS. A student shall not possess, sell, use, buy or transmit stolen school property or attempt to possess, sell, use, buy or transmit stolen school property.
The prohibited behaviors include, but are not limited to, the following:
Rule 3: Damage, Destruction, or Misuse of Private Property
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A student shall not cause or attempt to cause damage to private property or steal or attempt to steal private property. A student shall not possess, sell, use, buy or transmit stolen private property on school grounds. Further, off school
The prohibited behaviors include, but are not limited to, the following:
Rule 4: Abuse, Threats, Intimidation, Assault, or Battery on a School Employee
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SECTION A:
A student shall not make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, undermining, or provoking nature to or about a school employee or in the presence of a school employee. This includes, but is not limited to, disrespectful conduct, insult, use of profanity, ethnic, racial, sexual, disability, or religious slur, or harassment and includes the development of a “hit list,” “people to kill,” “people to shoot,” or a statement about bringing a weapon to school and injuring people.
The prohibited behaviors below include, but are not limited to, the following:
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SECTION B:
A student shall not cause or attempt to cause physical injury or behave in such a way that could reasonably cause physical injury or make physical contact of a threatening or provoking nature to a school employee.
The prohibited behaviors include, but are not limited to, the following:
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Rules 4BA-4BZ also apply off school grounds when the misconduct by the alleged perpetrator is because of the school employee’s performance of their official duties.
Intentional Physical Contact with a Teacher, Bus Driver, or Other School Employee
Any student who intentionally makes physical contact of a threatening or provoking nature with a teacher, bus driver, school official, or other school employee shall be suspended and brought to a disciplinary tribunal.
The minimum penalty for a student found in violation of Rule 4BC shall be suspension from public school until the end of the school year. Any tribunal finding a student in violation of Rule 4BC may impose a more severe penalty in its discretion. This minimum penalty shall not be applied in conflict with federal law.
Any student found in violation of Rule 4BI shall be expelled from the public school system for the remainder of their eligibility to attend public school. The following exceptions apply: (1) The Board of Education, in its discretion may allow a student found in violation of Rule 4BI to attend the alternative school, (2) The Board of Education, in its discretion and upon the recommendation of the disciplinary tribunal, may allow a student in grades 6-8 to return to the public school system for grades 9-12, (3) The Board of Education, in its discretion, may allow a student in grades K-5 to return to the public school system, (4) Permanent expulsion will not be imposed where this penalty would infringe any right created under federal law, and (5) Permanent expulsion will not be imposed where the student acts in defense as provided in O.C.G.A. § 16-3-21. See O.C.G.A. § 20-2-751.6; § 20-2-751.4.
Rule 5: Abuse, Threats, Intimidation, Assault, or Battery
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by a Student on another Student or to Any Other Person Not Employed by the School
SECTION A:
A student shall not make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, distracting, or provoking nature to or about a person/student or in the presence of a person/student. This includes but is not limited to bullying, disrespectful conduct, insult, use of profanity, ethnic, racial, sexual, disability, or religious slur, or harassment and includes the development of a “hit list,” “people to kill,” “people to shoot,” or a statement about bringing a weapon to school and injuring people.
The prohibited behaviors below include, but are not limited to, the following:
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*State law defines "bullying" as: 1) any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; 2) any intentional display of force such as would give the victim reason to fear or expect immediate bodily injury or harm; or 3) any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate that: a) causes substantial physical harm or visible harm; b) substantially interferes with a student's education; c) is so severe, persistent or pervasive that it creates an intimidating/threatening educational environment; or d) substantially disrupts the orderly operation of the school. Upon finding that a student in grades 6-12 has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. (O.C.G.A. 20-2-751.4) Retaliation for reports of bullying will not be tolerated and will be subject to independent disciplinary action.
SECTION B:
A student shall not cause or attempt to cause physical injury or behave in such a way as could reasonably cause bodily injury to any student/person. A student shall not engage in any behavior that threatens the safety or well-being of another person or has the likelihood of provoking a fight.
The prohibited behaviors below include, but are not limited to, the following:
Rule 6: Weapons, Dangerous Instruments, and Explosive or Implosive Devices
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A student shall not solicit to buy or sell, or buy or sell or possess, handle, transmit, threaten with or discharge/use, any object that can reasonably be considered or converted to and/or used as a weapon such as, but not limited to knives; guns; pellet guns; brass knuckles; fireworks; lighters, tear gas, mace, explosives, pepper spray; bats (other than for athletics); clubs, sticks or other instruments of a bludgeoning type; Chinese stars; razors; projectiles and the like.
The prohibited weapons include, but are not limited to, the following:
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Possession of a Firearm, Dangerous Weapon or Hazardous Object on School Property or at School Functions
Students are prohibited from possessing firearms (including a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge), dangerous weapons (as defined by O.C.G.A. § 16-11-121) or hazardous objects (as defined by O.C.G.A. § 20-2-751), while on school property or at school functions. A student shall be excluded from school for one calendar year for possessing on school grounds or at a school function a firearm or a dangerous weapon (as defined by O.C.G.A. § 16-11-121), provided that all tribunal officers, tribunals, panels, administrators, the superintendent and the Gwinnett County Board of Education shall have the discretion to impose a lesser or more harsh, appropriate consequence on a case by case basis for any such offense. Any student possessing a hazardous object (as defined by the O.C.G.A. § 20-2-751), while on school property or at school functions shall receive disciplinary consequences in the discretion of the tribunal officer, tribunal, panel, administrator, the superintendent or the Gwinnett County Board of Education and consistent with the Gwinnett County Board of Education's policies and procedures. See O.C.G.A. § 20-2-751; § 20-2-751.1.
Rule 7: Drugs, Alcohol, Tobacco, and Vaping
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SECTION A:
A student shall not be involved in any substance, drug, alcohol, tobacco, or vaping transaction, including, without limitation to buy, possess, sell, use, transmit, solicit; attempt to buy, possess, sell, use, or transmit; or be under the influence of any narcotic drug, depressant, or stimulant drug including without limitation caffeine pills, hallucinogenic drug, anabolic steroid, amphetamine, barbiturate, marijuana, inhalant, alcoholic beverage, vaping product, or intoxicant of any kind. A student shall not possess, sell, buy, or transmit, or attempt to sell, buy, or transmit any substance under the pretense that it is, in fact, a prohibited substance as described in this rule. The misuse or unauthorized possession of a prescription drug or nonprescription drug shall be considered a violation of this rule; however, this rule shall not apply to proper possession and/or use of a drug as authorized by a medical prescription from a registered physician.
The prohibited substances and behaviors include, but are not limited to, the following:
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* SELF-ADMINISTRATION of asthma medication and prescription auto-injectable epinephrine is permitted with written parent/guardian approval and required documentation to the principal or his or her designee. See administration for completion of proper county form/procedures.
SECTION B:
A student shall not possess, sell, use, transmit, buy or solicit any drug-related paraphernalia, any tobacco-related paraphernalia, or any vaping-related paraphernalia, which includes, but is not limited to, pipes, water pipes, clips, rolling papers, electronic smoking devices, or any other items related to drug use, tobacco use, vaping, or depicting drugs, drug use, tobacco use, vaping or tobacco use except where such items are related to approved curriculum.
The prohibited paraphernalia include, but are not limited to, the following:
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SECTION C:
A student shall not possess, sell, use, transmit, buy or solicit tobacco or nicotine products.
The prohibited products include, but are not limited to, the following:
Rule 8: Disregard of Directions or Commands
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A student shall not fail to comply with reasonable directions or commands of teachers, student teachers, substitute teachers, teacher aides, administrators, school bus drivers, or other authorized school personnel.
The prohibited behaviors include, but are not limited to, the following:
Rule 9: Sexual Misconduct/Indecency
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A student shall not engage in any act of sexual harassment of a physical nature or verbal nature. A student shall not perform any act of indecent exposure, lewd exposure, gesture or lewd caress or indecent fondling/touching of the student’s own body or the body of another person, or any act of sexual intercourse. A student shall not use any inappropriate gestures that mimic or imply sexual acts or engage in any acts of “streaking” or “mooning” as those terms are commonly understood. Such acts will not be regarded lightly or considered pranks.
A student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including any non-curricular sexually explicit printed or non-printed materials; or a student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including but not limited to non-curricular materials depicting the human male or female genitals or buttocks with less than a fully opaque covering or any portion of the female breast with less than a fully opaque covering.
The prohibited behaviors include, but are not limited to, the following:
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NOTE: Sexting (sending and receiving of lewd or pornographic text messages) will be handled under rules 9I, 9IB, and 9IC and may result in a range of consequences from suspension to referral to a disciplinary tribunal.
Rule 10: Unexcused Absences
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A student shall not be absent from school or from any class or other required school function during required school hours except for illness or other providential cause, except with written permission of the teacher, principal, or other duly authorized school official. A student may not leave school grounds prior to the end of the school day, after their initial arrival on campus, without the permission of a duly authorized school official.
The prohibited behaviors include, but are not limited to, the following:
Rule 11: Other Conduct which is Subversive to Good Order
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A student shall not perform any other act which is subversive to good order and discipline in the schools. This includes but is not limited to violation of local school rules; violation of state and federal law; involvement in criminal gang-related behavior and/or criminal gang conduct as defined and prohibited by O.C.G.A. § 16-15-3 and § 16-15-4; providing false information to school personnel; unauthorized possession or inappropriate use of laser pointers, and electronic communications devices (including tape recorders, CD Players, MP3 players, video games, radios and televisions); loitering or trespassing, providing false information to or about school personnel, providing false information to or about school personnel, or community misconduct that would be so serious as to pose a threat to the school community.
A student shall not hold oneself out as a member of a criminal street gang identified by the Gwinnett County Gang Taskforce by one’s mode of dress, means and method of communication including the use of hand signs, or the possession or publication of gang writing/symbols.
Subject to the rules listed below, the Gwinnett County BOE permits students to possess electronic pagers or communication devices on a limited basis and provides local school principals with the authority to set forth rules pertaining to student possession and use of such devices at their individual schools.
The prohibited behaviors include, but are not limited to, the following:
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NOTE ON RULE 11T: The first violation of Rule 11T is a Level II or III violation. However, with a Gang Activity Contract, any future offenses would be elevated to Level IV or V.
Rule 12: Repeated Violations/Misbehavior/Chronic Disciplinary Problem Students
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Students who chronically disrupt or repeatedly violate other school rules may be charged with repeated violations of school rules or misbehavior. This rule applies after remediation attempts including the development and implementation of a Behavioral Correction Plan.
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The student and parent must be notified in advance that once the student has been placed on a Rule 12, all subsequent violations will lead to an escalation in consequences and may lead to an independent Rule 12 charge and a disciplinary tribunal.
Rule 13: School Bus Infractions
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No student shall cause or attempt to cause (either directly or indirectly) a disruption or interference with a school bus by any means including, but not limited to, any of the following behaviors:
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All other GCPS rules still apply while on the school bus or at the bus stop.
Safety is the first priority while transporting students to and from school. While on a school bus, the bus driver/manager is the school official who has supervisory responsibility of students. Drivers must be able to concentrate on their driving at all times. A momentary distraction from their concentration can lead to a serious accident resulting in injury or death. The safety and well-being of each student depend on everyone following the standards of conduct outlined in this Code. That safety is why certain infractions have a different level of consequence or are singled out as a school bus infraction.
If a student is found to have engaged in bullying or other acts of physical violence such as physical assault or battery of another person on the school bus, a meeting with the student’s parents or guardian and appropriate school officials will be required in order to develop a school bus behavioral correction plan for the student. See O.C.G.A. § 20-2-751.5.
Any student who receives an in-school suspension or assignment to Opportunity Room (for elementary students) for a bus infraction may forfeit their bus-riding privileges on the day(s) of suspension.