The Board hereby advises parent(s)/guardian(s) of their responsibility for the conduct of their child(ren) based on Legislative Act No. 93-672 that amends Section 16-28-12 of
The Code of Alabama, 1975, is amended to read as follows:
“(A) Each parent, guardian, or other person having control or custody of any child required to attend school or receive regular instruction by a private tutor who fails to have child enrolled in school or who fails to send the child to school, or to have him or her instructed by a private tutor during the time the child is required to attend a public school, private school, denominational school, or parochial school or be instructed by private tutor, or fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct himself or herself as a pupil in accordance with a written policy on school behavior adopted by the local board of education and documented by the appropriate school official which conduct may result in the suspension of the pupil, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred ($100) and may also be sentenced to hard labor for the county for not more than 90 days. The absence of a child without the consent of the principal or teacher of the school he or she attends or should attend, or of the tutor, who instructs or should instruct the child, shall be prima facie evidence of the violation of this section.”
“(B) Any parent, guardian, or other person having control of any child enrolled in public school who fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct him or herself as a pupil in accordance with a written policy on school behavior adopted by the local board of education and documented by the appropriate school official which conduct may result in the suspension of the pupil, shall be reported by the principal to the Superintendent of Education of the school system in which the suspected violation occurred. The Superintendent or designee shall report such violations to the district attorney within 10 days. Any principal or Superintendent of Education or his or her designee intentionally failing to report such a suspected violation shall be guilty of a Class C misdemeanor. The district attorney shall vigorously enforce this section to ensure proper conduct and required attendance by any child enrolled in the public schools.”
OZARK CITY SCHOOLS K-12 CODE OF STUDENT CONDUCT
ATTENDANCE
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding attendance.
To be punctual and regular in attendance.
To promptly request and complete make-up assignments for excused absences or tardies.
Students Rights Are:
To be informed of Board of Education and individual school rules and policies regarding school attendance, including policies and rules regarding absences, tardies, truancies and related programs, checkouts, make up work and school sponsored activities.
To be provided with make up assignments for excused absences or tardies.
RESPECT FOR PERSON, PRIVACY AND PROPERTY
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding respect for person, privacy, and property.
To respect the recognized right of others.
To attend school and related activities without bringing items prohibited by law or the Board of Education policy or which will detract from the educational process.
To respect the property rights of those at school and the general public.
Student Rights Are:
To be informed of laws and Board of Education and individual school rules and policies regarding respect for person, privacy, and property.
KNOWLEDGE AND OBSERVATION OF RULES OF CONDUCT
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding rules of conduct.
To document receipt of the Code of Student Conduct with his/her signature.
Student Rights Are:
To be informed of Board of Education and individual school rules and policies regarding rules of conduct.
To be informed as to the specific grounds of the violation(s) of the Board of Education’s Code of Conduct.
THE RIGHT TO LEARN
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding the right to learn.
To take advantage of appropriate opportunities provided for learning.
To avoid hindering the teaching process.
To seek assistance, if needed, to aid learning.
Students Rights Are:
To be informed of laws and Board of Education and individual school rules and policies regarding the right to learn.
To be provided a safe school environment free of tobacco products, illegal drugs, alcohol, or weapons.
To be provided appropriate instructors, instruction, materials, and equipment to take advantage of the opportunity to learn.
FREE SPEECH
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding free speech.
To be courteous of the views of others.
Student Rights Are:
To be informed of laws and Board of Education and individual school rules and policies regarding free speech.
To express disagreement or concerns regarding the operation of the school in a constructive manner taking into account the rights of others, consistent with the established educational process.
STUDENT PUBLICATIONS
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding student publications.
To communicate in a respectful manner consistent with good education practices.
To seek accurate and complete information on the topics approved for publication.
To observe the accepted rules for responsible journalism under the guidance of faculty members.
Student Rights Are:
To be informed of laws and Board of Education and individual school rules and policies regarding student publications.
To participate, as part of the educational process, in the development and/or distribution of student or school publications.
ASSEMBLY
Student Responsibilities are:
To abide by laws and Board of Education and individual school rules and policies regarding assembly.
To seek approval, plan, and conduct meetings consistent with Board of Education rules.
Student Rights Are:
To be informed of laws and Board of Education and individual school rules and policies regarding assembly.
To assemble in a lawful manner for a lawful purpose with prior approval by local school officials.
PARTICIPATION IN SCHOOL PROGRAMS AND ACTIVITIES
Student Responsibilities Are:
To abide by laws and Board of Education and individual school rules and policies regarding school programs and activities.
To be courteous and responsible at all school programs and activities.
To fulfill duties related to his/her participation in school programs and activities.
Student Rights Are:
To be informed of laws and Board of Education and individual school rules and policies regarding school programs and activities.
To develop and participate in student programs and activities consistent with local board of education and individual school policies.
To seek office in any student organization consistent with the guidelines and criteria established by individual schools and the character/constitution of each student organization.
It is fundamental that orderly schools have clearly defined behaviors to which students must conform. Non-conformity to these behaviors results in violations of the Code of Student Conduct. Violations are grouped into four classes (Class I, Class II, Class III, Class IV) that range from least to most serious.
Appropriate school personnel shall investigate, verify, and take necessary action to resolve student misconduct. After determining a violation and the classification of violation, the teacher, principal or designee shall implement the appropriate sanction. Violations apply to student conduct on a school campus, at school related events, and while being transported to and from school or school-related events.
The principals in accordance with the classifications in the Code of Conduct will handle bus referrals.
CLASS I VIOLATIONS
1.01 Distraction of other students
1.02 Tardiness
1.03 School property misuse or abuse
1.04 Misuse of lunch tickets/lunch numbers
1.05 Chewing gum
1.06 Eating or drinking in unauthorized areas
1.07 Inappropriate public display of affection
1.08 Refusal to complete class assignment or to have assigned books, materials, etc.
1.09 Failure to follow appropriate directives from a Board of Education employee and/or classroom/school rules
1.10 Littering of school property
1.11 Possession of radios, tape players, CD players, electronic games, entertainment devices, etc. on school Board property without prior administrative approval
1.12 Sitting in or loitering around parked vehicles after arriving at school and/or when dismissed
1.13 Teasing/Name calling (Grades K-6)
1.14 Talking back (Grades K-6)
1.15 Any other violation which the teacher/principal or designee may deem reasonable to fall within this category after investigation and consideration of extenuating circumstances
All Class I offenses that occur in the classroom will be handled by the classroom teacher according to the teacher’s approved classroom management plan. Students may be referred to the office by teachers when the teacher has implemented the classroom management plan. Referrals to the office by teachers and referrals for offenses occurring outside the classroom will be handled according to the Code of Conduct. A review of the IEP by the teacher and Special Education Director is required to be held for any student who is in the Special Education program or the 504 program upon three (3) referrals to the office.
Class I Sanctions for grades K-12 may include: conference with student, conference with parent, detention, temporary removal from class, verbal reprimand, withdrawal of privilege(s), and any other sanctions deemed appropriate.
CLASS II VIOLATIONS
2.01 Excessive Class I violations as determined by the principal or designee
2.02 Unauthorized organizations – any attempt to use the school day for activities that are not school related, school sponsored, or approved
2.03 Unauthorized absence from class or school for part of a day; unauthorized absence from school for a day or more
2.04 Failure to follow class schedule and/or leaving class or campus without written permission
2.05 Refusal to give name or intentionally giving false information to an authorized person
2.06 Unauthorized use of school or personal property
2.07 Use of profane language or obscene manifestation (verbal, written, gesture directed toward another person)
2.08 Intimidating behavior
2.09 Dishonesty and cheating
2.10 Speeding and/or dangerous driving – exceeding campus speed limit or driving so as to endanger oneself or others
2.11 Providing false information to a Board of Education employee
2.12 Abuse or misuse of computers, programs, or technological equipment
2.13 Possession of cards, dice, and any other gambling devices or paraphernalia on school Board property
2.14 Defiance and/or disrespect of school Board employee’s authority; any non-verbal or verbal refusal to comply with a lawful directive or order of a school Board employee or to comply with school rules
2.15 Non-conformity to dress code
2.16 Bothering others (spitting, tripping, or other similar acts)
2.17 Inappropriate display of affection
2.18 Any other violation which the principal may deem reasonable to fall within this category after investigation and consideration of extenuating circumstances
For elementary students (grades K-6), first and second offense Class II sanctions may include: parental contact, parent conference, student conference, loss of privilege(s), detention, time out, referral to outside agency, restitution of property and damages, withdrawal of privileges, In-School Study, and any other sanction deemed appropriate; for subsequent offenses, Class II offenses may include the same sanctions listed for first and second offenses with the addition of suspension.
For students in grades 7-12, Class II Sanctions may include detention, in school study, suspension, Saturday School, alternative school placement, referral to outside agency (including the criminal justice system), expulsion, restitution of property and damages, withdrawal of privilege(s), In School Study (ISS), and any other sanction deemed appropriate. Special circumstances may warrant a recommendation for a disciplinary hearing with the superintendent and/or designee. Students suspended may not participate in any school-related activities.
CLASS III VIOLATIONS
3.01 Vandalism/property damage – intentional and deliberate action resulting in injury or damages of less than $50.00 to public property or the real or personal property of another
3.02 Stealing, larceny, petty theft – the intentional unlawful taking or carrying away of property valued at less than $25.00 belonging to or in the possession or custody of another
3.03 Theft of property – the intentional unlawful taking or carrying away of property belonging to or in the possession or custody of another
3.04 Possession of stolen property – being in the possession of stolen property
3.05 Receipt, possession, or transfer of stolen property with the knowledge or reasonable suspicion
that it was stolen
3.06 Gambling – any participation in games of change for money and/or things of value
3.07 Threats/extortion – verbal, printed, electronic, etc. communication maliciously threatening an
injury to the person, property, or reputation of another with the intent to extort money or take
advantage of any person or to force one to do any act or refrain from doing any act against
his/her will
3.08 Trespassing or presence in unauthorized areas – willfully entering or remaining on any school
property without being authorized, licensed or invited; or after having been authorized licensed
or invited, refusing to depart when requested to do so by an authorized person
3.09 Repeated direct or non-direct use of profane language or obscene manifestations
3.10 Use or possession of obscene and/or pornographic material
3.11 Inappropriate touching of another person
3.12 Possession of and/or use of matches or lighters
3.13 Possession of and/or use of electronic pager, cellular phone, beeper or unauthorized
communication device
3.14 Accessing or changing information in school computers or technology systems
3.15 Possession, sale, or use of a tobacco product
3.16 Written or verbal proposition to engage in sexual acts
3.17 Involvement in an altercation
3.18 Unjustified activation of fire alarm system or fire extinguisher
3.19 Possession of fireworks or firecrackers, etc.
3.20 Sexual harassment – written or verbal, or any transmittal of sexually offensive material
3.21 Bullying
3.22 Biting
3.23 Any other violation which the principal may deem reasonable to fall within this category after investigation and consideration of extenuating circumstances
For elementary students (grade K-6), first and second offense Class III sanctions may include: parental contact, parent conference, student conference, loss of privilege(s), detention, time out, referral to outside agency, restitution of property and damages, withdrawal of privileges, and any other sanction deemed appropriate; for subsequent offenses, Class III offenses may include the same sanctions listed for first and second offenses with the addition of suspension.
Class III Sanctions for grades 7 – 12 may include detention, in-school study, suspension, alternative school placement, referral to outside agency (including the criminal justice system), expulsion, restitution of property and damages withdrawal of privilege(s), and any other sanction deemed appropriate. Special circumstances may warrant a recommendation for a disciplinary hearing with the superintendent and/or designee. Students suspended may not participate in any school-related activities.
CLASS IV VIOLATIONS
4.01 Arson – the willful and malicious burning of any School Board property or the personal
property of anyone on School Board property.
4.02 Robbery – the taking of money or other property from the person or custody of another by
force, violence, assault, or by instilling the fear of same
4.03 Burglary of school property – entering or remaining in a school board structure or on the
premises of any school board property with the intent to commit an offense
4.04 Criminal mischief – willful and malicious damage or theft in excess of $50.00 to public property
or to the real or personal property belonging to another
4.05 Bomb threat or other threats – any communication which has the effect of interrupting the
educational environment
4.06 Sexual offense – acts of a sexual nature including, but not limited to sexual battery, intercourse,
attempted rape, or rape
4.07 Indecent exposure – exposing a part of one’s anatomy that is offensive to others
4.08 Fighting – a significant altercation that involves physical interaction by one or more parties
4.09 Assault on another person (student, teacher, staff member, visitor, etc.)
4.10 Threat of battery or battery – the intentional touching or striking of a school Board employee,
student, or anyone else on school Board property during school sponsored activities against
his/her will; or the intentional causing of bodily harm, disability, or permanent disfigurement
to a school Board employee, student, or anyone else on school Board property or during
school sponsored activities; or the use of a deadly weapon
4.11 Inciting or participating in major student disorder – leading, encouraging, or assisting in major
disruption which results in destruction or damage of private or public property, or personal
injury to participants or others, or which disrupts the school environment
4.12 Possession of a weapon – box-cutter, knife, metallic knuckles, tear gas guns, chemical weapon
or device, or any other weapon, instrument, or dangerous object
4.13 Preparing, possessing, and/or igniting any explosive device including fireworks and firecrackers, etc. – preparing, possessing, or igniting on School Board property explosives likely to cause bodily injury, property damage, or interrupt the educational environment
4.14 Unlawful sale, purchase, transfer, furnishing or giving, or possession of illegal drug or drug paraphernalia or alcoholic beverage
4.15 Accessing or changing information in school computers or technology systems to endanger or cause harm to another individual
4.16 Any other offense which the principal may deem reasonable to fall within this category after investigation and consideration of extenuating circumstances
4.17 Crimes as defined under the laws of the City of Ozark, the State of Alabama, or the United States of America
4.18 Sexual harassment – Written or verbal or any transmittal of sexually offensive material that represents criminal misbehavior.
4.19 Habitual offender – a student who commits five (5) Class II or III offenses in any combination (note: a manifestation hearing is required to be held for any student who is in the Special Education program or the 504 program upon three (3) Class II or III offenses in any combination)
Class IV offenses for students in grades K-12 shall be reported to the designated law enforcement agency by the principal. Parents will be notified and students in grade K-12 will be suspended pending final determination of the facts by the principal. A recommendation for further disciplinary action will be made to the superintendent by the principal. The authority to permanently expel a student is retained by the Ozark City Board of Education.
Class IV Sanctions for students in grades K-12 will include: referral to outside agency (including the criminal justice system), suspension and/or expulsion, withdrawal of privilege(s), restitution of property and damages where appropriate, and may include any other sanctions deemed appropriate.