Proof of Residency will be provided at the time a child first enrolls in the Long Beach School District. This verification will be

maintained in the child's cumulative folder. Residency will be verified at least once each year by first class mailing to every student

in the district. Requests for updated proof of residency may be made as deemed necessary.

The Long Beach School District reserves the right to require verification of residency at any time.

2. HOMELESS CHILDREN

When a child is determined to be homeless as defined by the Stewart B. McKinney Act 42 USC Section 11431 (1), 11432 (e) (4) and 11302 (a), this school district shall consider and take enrollment action that is in the best interest of the child pursuant to 42 USC 11432 (e) (3). (See JQP.)

a. STUDENTS LIVING WITH ADULTS OTHER THAN PARENTS OR LEGAL GUARDIANS:

(1) The non-parent(s) claiming district residency must meet the criteria of subparagraph (a) (1) through (10) above, required of a parent or legal guardian.

(2) The district resident must provide the school with an affidavit stating his or her relationship to the student, and that the student will be living at his/her abode full time, and provide documentation fully explaining the reason(s) (other than school attendance zone or district preference) for this arrangement. The superintendent or his/her designee will make the necessary factual determinations under subsection II.1 (c) (2). Examples of situations where “in loco parentis” authority of an adult will be recognized to establish residency of the minor include but are not limited to the following:

(a). Death or serious illness of the child’s parent(s) or guardian(s);

(b). Abandonment of the child;

(c). Child abuse or neglect;

(d). Unstable family relationships or undesirable conditions in the home of the child’s parents or guardians having a detrimental effect on the child;

(e). Students enrolled in recognized exchange programs residing with host families.

(3) Whenever appropriate the person who has assumed responsibility for the care and custody of the child shall be encouraged to obtain legal guardianship of the child.

a. The requirements of Section II.1 (a) and (c) above are minimum requirements and this school district may require additional documentation and verification at any time.

b. At the minimum, this school district shall maintain in a file a written instrument identifying the types of documents used to verify each student’s residency and copies of any relevant guardianship petition or decree.

c. The provisions of this policy do not apply to students who reside outside the school district, but who have legally transferred into the school district.

d. Any court ordered procedure shall take precedent over any procedure contained herein.

II. Transferring Students

A. No student is to be enrolled in this school district until any and all questions regarding residence or immunizations have been resolved.

B. Students suspended or expelled from another school or school district may not be allowed to enroll.

C. No pupil shall be permanently enrolled in a school in this school district who formerly was enrolled in another school within the state or outside the state until the cumulative record of said pupil shall have been received from the school from which he transferred. Should such record have become lost or destroyed, then it shall be the duty of the superintendent or principal of the school where the pupil last attended school to initiate a new record.

D. Unless a transfer student is tested in the manner provided in paragraph 5 below, the student will be permanently enrolled and placed in a grade or class on the basis of an official transcript of credits from the last school attended.

E. All students seeking to transfer from any non-accredited school, public or private, within or outside of the boundaries of the State of Mississippi, to this school district may be required to take a standardized test to determine the grade and class to which the pupil shall be assigned at the time of pupil transfer.

The administrative head of the school or his/her designee shall administer the test or tests to such pupil or students as shall apply for transfer to such public school. Such test or tests shall be administered within thirty days after the filing of each such application for transfer. Notice of the giving of such test shall be given the applicant not less than five days prior to the date of the administration of such test.

No transfer of a pupil shall be effected until the test has been given and the pupil is assigned to the grade and class for which the test shows he is best suited. No pupil shall be assigned to a grade and class more than three (3) grades above or below the grade or class that the pupil would have been assigned to had the pupil remained in the school from which the transfer is being made. Pending the administration of the test herein provided for and its grading and an assignment based thereon the superintendent of this school district or the attendance center principal to which the pupil seeks admission may assign the pupil temporarily to a grade and class comparable to that in which the pupil would have been had the pupil continued in the school from which the transfer was being made.

If any student is transferred or reassigned within this school district by an order of the Board of Trustees of this school district as designated by law of the State of Mississippi and not at his/her own request, the requirement of that pupil’s taking the standardized test shall be waived. Likewise, if a pupil shall transfer from one school district to another school district in the manner provided and required by the laws of the State of Mississippi, the requirement of such pupil taking the standardized test shall be waived.

F. Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by this School Board.

Any student found to be attending the Long Beach School District under false pretense will be removed from the school district immediately, (e.g., not receiving an official transfer from home district, residency, custodial/guardianship).

LEGAL REF.: MS CODE §§37-15-1, 37-15-3, 37-15-9, 37-15-11,

37-15-13, 37-15-29, 37-13-33, and 41-23-37

42, United States Code Sections 11431 – 11434,

State Board of Education: Residency Verification Process

Students enrolling in the district's schools for the first time must be of proper age (See JBB) and must present a certified birth certificate and show proof of vaccination against diphtheria, measles, poliomyelitis, rubella, tetanus, whooping cough and other contagious diseases pursuant to and in compliance with 37-7-301, Mississippi Code, 1972.

Students enrolling in the district, grades K-12, must complete the district registration. No student will be officially enrolled in the district until the registration card has been completed and signed.

LEGAL REF.: As cited above.

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STUDENTS DISPLACED BY HURRICANE KATRINA

Revised 07-09-07 JBCA

For the 2007-2008 school year, the following policy shall be adopted by the Board of Trustees for the Long Beach School District regarding displaced students:

Any lawful student of the Long Beach School District on August 29, 2005, who was displaced by Hurricane Katrina and who continues to reside in temporary FEMA Housing, regardless of location, may continue to be considered a resident of the Long Beach School District for purposes of attending Long Beach Schools provided that child’s family intends to return to residence within the Long Beach School District.

Further, any lawful student of the Long Beach School District on August 29, 2005, who was displaced by Hurricane Katrina and who continues to reside outside the school district but whose parents or legal guardians continue to own property within the Long Beach School District, may continue to be considered a resident of the Long Beach School District for the purposes of attending Long Beach Schools provided that child’s family intends to return to reside within the Long Beach School District.

In all cases falling within this policy, appropriate student releases must be obtained from the District of actual residence.

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OUT OF DISTRICT TRANSFERS

Revised 12-13-04 JBCB

Instructional Personnel

In compliance with Senate Bill #2155 as passed during the regular legislative session of 1989, it shall be the policy of the Long Beach School District to permit children of legal school age of instructional employees of this school district who live outside the school district to attend the schools of Long Beach.

The Board shall approve such annual written petition from the parent/guardian of the child(ren), record such action on the minutes and notify the home district of the petition to transfer.

The Board reserves the right to assign schools of attendance and to assign such cost of tuition as may become necessary. Every effort will be made to keep siblings at the same school.

The Board intends that an agreement of no transfer of funds between school districts shall be executed with each school district from which such students are transferring.

Non-certified Personnel

Non-certified full-time personnel are allowed to bring their children to the Long Beach School District. A bus driver is considered full time if he/she drives four routes. Every effort will be made to hire Long Beach residents in non-certified positions. Termination of employment would result in the student(s) returning to their home district.

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ASSIGNMENT OF STUDENTS

JBCCA

BOARD POWER AND AUTHORITY

When any child qualified under the requirements of Section 37-15-9 shall apply or present himself for enrollment in or admission to the schools of this school district, the School Board of this school district shall have the power and authority to designate the particular school or attendance center of the district in which such child shall be enrolled and which he shall attend; no enrollment of a child in a school shall be final or permanent until such designation shall be made by said School Board. No child shall be entitled to attend any school or attendance center except that to which he has been assigned by the School Board; however, the principal of a school or superintendent of this district may, in proper cases, permit a child to attend a school temporarily until a permanent assignment is made by this School Board. §37-15-13 (1994)

FACTORS TO BE CONSIDERED

In making assignments of children to schools or attendance centers, this School Board shall take into consideration the educational needs and welfare of the child involved, the welfare and best interest of all the pupils attending the school or schools involved, the availability of school facilities, sanitary conditions and facilities at the school or schools involved, health and moral factors at the school or schools, and in the community involved, and all other factors which this School Board may consider pertinent, relevant or material in their effect on the welfare and best interest of this school district and the particular school or schools involved. All such assignments shall be on an individual basis as to the particular child involved and, in making such assignment, this School Board shall not be limited or circumscribed by the boundaries of any attendance areas which may have been established by this board. §37-15-15 (1987)

PARENTAL REQUEST FOR REVIEW

If the parent, guardian or other person having custody of any child shall feel aggrieved by the assignment of such child to a school or attendance center by this School Board, then such parent, guardian or other person may, at any time within thirty (30) days after such assignment, make application in writing to this School Board for a review or reconsideration of such assignment. Upon receiving any such application, this School Board shall set a time and place for the hearing thereof which time shall be not more than fifteen (15) days after the regular meeting of said board next succeeding the date of the filing of said application. At the time and place so fixed, the person filing such application shall have the right to appear and present evidence in support of said application. After hearing said evidence, this School Board shall determine whether said application is well taken and supported by the evidence and shall enter an order either affirming its previous action or modifying or changing same as this School Board shall find proper. §37-15-17 (1987)

If any parent, guardian or other person having custody of any child affected by the assignment of such child to a school or attendance center by this School Board shall feel aggrieved at the order of this School Board provided for in Section 37-15-17, such person may, at any time within thirty (30) days from the date of such order, appeal therefrom by filing a petition for appeal in the circuit court of the county in which this school district is located. Upon the filing of such petition for an appeal, process shall be issued for and served upon the president of this School Board. Upon being served with process, it shall be the duty of this School Board to transmit promptly to the court a certified copy of the entire record of the proceedings as shown by the file of this School Board. From the judgment of the circuit court, an appeal may be taken to the Supreme Court in the same manner as other appeals are taken from other judgments of such court. §37-15-21 (1987)

EXCEPTIONS

(1) Except as provided in subsections (2), (3) and (4) of this section, no minor child may enroll in or attend any school except in the school district of his residence, unless such child be lawfully transferred from the school district of his residence to a school in another school district in accord with the statutes of this state now in effect or which may be hereafter enacted.

(2) Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at such employee's discretion enroll and attend the school or schools of their parent's or legal guardian's employment regardless of the residence of the child.

(3) No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in such geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the parent or legal guardian of such child and the School Board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final.

(4) Those children lawfully transferred from the school district of their residence to a school in this school district prior to July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in this school district. Provided further, that the brother(s) and sister(s) of said children lawfully transferred prior to July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in this district. §37-15-29 (1992)

Standard 14 is as follows: Any transfer student from a school or program (correspondence, tutorial, or home study) not accredited regionally or by a state Board of Education [or its designee(s)] is given either a standardized achievement test(s) or teacher-made special subject test(s) to determine the appropriate classification of the student within 30 days after filing for transfer. Notice of the administering of such test(s) shall be given to the applicant not less than five days prior to the date of the administration of such test. {MS Code 37-15-33}

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policy JBAB – Home Schooling/Transfer Student Testing

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ASSIGNMENT TO CLASSES

JBCCB

All students enrolled in kindergarten and first grade in each school are in compliance with age of entry requirements. {MS Code 37-15-9} EXCEPTION: Any child who transfers from an out-of-state school whose state law provides for an enrollment date subsequent to September 1 may be enrolled if specific provisions of this statute are met.

Note: The administrative head of each public school shall ensure that each pupil applying for transfer shall be tested within thirty days after the filing of such application for transfer. Notice of the administering of such test(s) shall be given to the applicant not less than five days prior to the date of the administration of such test.

All students enrolled in the school district comply with immunization requirements. {MS Code 37-7-301(I), 37-15-1, and 41-23-37}

LEGAL REF.: MS Code, as cited above

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TRANSFERS AND WITHDRAWALS OF STUDENTS

JBCD

(1) PETITION

a. Except as provided in subsection (2) through (5) of this section, upon the petition in writing of a parent or guardian, resident of the school district of an individual student, filed or lodged with the president or secretary of the School Board of a school district in which the pupil has been enrolled or is qualified to be enrolled as a student under Section 37-15-9, or upon the aforesaid petition or the initiative of the School Board of a school district as to the transfer of a grade or grades, individual students living in one school district or a grade or grades of a school within the districts may be legally transferred to another school district, by the mutual consent of the School Boards of all school districts concerned, which consent must be given in writing and spread upon the minutes of such boards.

b. The School Board of the transferring school district to which such petition may be addressed shall act thereon not later than its next regular meeting subsequent to the filing or lodging of said petition, and a failure to act within that time shall constitute a rejection of such request. The School Board of the other school district involved (the transferee board) shall act on such request for transfer as soon as possible after the transferor board shall have approved or rejected such transfer and no later than the next regular meeting of the transferee board, and a failure of such transferee board to act within such time shall constitute a rejection of such request. If such a transfer is approved by the transferee board, then such decision shall be final. If such a transfer should be refused by the School Board of either school district, then such decision shall be final.

c. Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected School Board.

(2) SCHOOL DISTRICT EMPLOYEES

a. Upon the petition in writing of any parent or guardian who is a resident of Mississippi and is an instructional or licensed employee of a school district, but not a resident of such district, the School Board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board. Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the School Board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board.

b. The School Board of any school district, in its discretion, may adopt a uniform policy to allow the enrollment and attendance of the dependent children of noninstructional and non-licensed employees, who are residents of Mississippi but are not residents of their district. Such policy shall be based upon the employment needs of the district, implemented according to job classification groups and renewed each school year.

c. The employer transferee school district shall notify in writing the school district from which the pupil or pupils are transferring, and the School Board of the transferor school district shall spread the same upon its minutes.

d. Any such agreement by School Boards for the legal transfer of a student shall include a provision providing for the transportation of the student. In the absence of such a provision the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.

e. Any school district which accepts a student under the provisions of this subsection shall not assess any tuition fees upon such transferring student in accordance with the provisions of Section 37-19-27, MS Code of 1972.

(3) ADJACENT SCHOOL DISTRICTS

Upon the petition in writing of any parent or legal guardian of a school-age child who is a resident of an adjacent school district residing in the geographical situation described in Section 37-15-29(3), Mississippi Code of 1972, the School Board of the school district operating the school located in closer proximity to the residence of the child shall consent to the transfer of the child to its district, and shall spread the same upon the minutes of the board. Any such agreement by School Boards for the legal transfer of a student under this subsection shall include a provision for the transportation of the student by either the transferor or the transferee school district. In the event that either the School Board of the transferee or the transferor school district shall object to the transfer, it shall have the right to appeal to the State Board of Education whose decision shall be final. However, if the School Boards agreeing on the legal transfer of any student shall fail to agree on which district shall provide transportation, the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.

(4) SIBLINGS

Upon the petition in writing of any parent or legal guardian of a school-age child who was lawfully transferred to another school district prior to July 1, 1992, as described in Section 37-15-59(4), Mississippi Code of 1972, the School Board of the transferee school district shall consent to the transfer of such child and the transfer of any school-age brother and sister of such child to its district, and shall spread the same upon the minutes of the board.

(5) MUNICIPAL SEPARATE SCHOOL DISTRICT WITH ADDED TERRITORY

House Bill 413 passed during the 2001 Legislative Session added a new section (5) to §37-15-31. Please refer to this section of the MS CODE for information on what to do "If the board of trustees of a municipal separate school district with added territory does not have a member who is a resident of the added territory outside the corporate limits." §37-15-31 (2001)

(6) TESTING

All students seeking to transfer from any non-accredited school, public or private, within or outside of the boundaries of the State of Mississippi, to this school district shall be required to take a standardized test to determine the grade and class to which the pupil shall be assigned at the time of pupil transfer.

The administrative head of each public school shall administer the test or tests to such pupil or pupils as shall apply for transfer to such public school. Such test or tests shall be administered within thirty days after the filing of each such application to transfer. Notice of the giving of such test shall be given to the applicant not less than five days prior to the date of the administration of such test.

No transfer of a pupil shall be effected until the test has been given and the pupil is assigned according to the grade and class for which the test shows he is best suited. No pupil shall be assigned to a grade and class more than three (3) grades above or below the grade or class that the pupil would have been assigned to had the pupil remained in the school from which the transfer is being made. Pending the administration of the test herein provided for and its grading and an assignment based thereon the superintendent of this school district or the attendance center principal to which the pupil seeks admission may assign the pupil temporarily to a grade and class comparable to that in which the pupil would have been had the pupil continued in the school from which the transfer was being made.

(7) TESTING WAIVER

If any student is transferred or reassigned within the school district by order of the School Board of this school district as designated by law of the State of Mississippi and not at his own request, the requirement of that pupil's taking the standardized test shall be waived. Likewise, if a pupil shall transfer from one school district to another school district in the manner provided and required by the laws of the State of Mississippi, the requirement of such pupil taking the standardized test shall be waived. §37-15-33 (1988)

(8) ALLOTMENTS AND LOCAL MAINTENANCE FUNDS

a. Legally transferred students going from one school district to another shall be counted for teacher allotment and allotments for supportive services by the school district wherein the pupils attend school, including cost allotments prescribed in Sections 37-19-19 and 37-19-31 for school district administrative and clerical salaries and other expenses, but shall be counted for transportation allotment purposes in the school district which furnishes or provides the transportation. The School Boards of the school districts which approve the transfer of a student under the provisions of Section 37-15-31, shall enter into an agreement and contract for the payment or nonpayment of any portion of their local maintenance funds which they deem fair and equitable in support of any transferred student. Except as provided in subsection (b) of this section, local maintenance funds shall be transferred only to the extent specified in the agreement and contract entered into by the affected school districts. The terms of any local maintenance fund payment transfer contract shall be spread upon the minutes of both of the affected school district School Boards. The school district accepting any transfer students shall be authorized to accept tuition from such students under the provisions of Section 37-15-31 (1) and such agreement may remain in effect for any length of time designated in the contract. The terms of such student transfer contracts and the amounts of any tuition charged any transfer student shall be spread upon the minutes of both of the affected School Boards. No school district accepting any transfer students under the provisions of Section 37-15-31 (2), which provides for the transfer of certain school district employee dependents, shall be authorized to charge such transfer students any tuition fees.

b. Local maintenance funds shall be paid by the home school district to the transferee school district for students granted transfers under the provisions of Sections 37-15-29(3) and 37-15-31(3), Mississippi Code of 1972, not to exceed the "individual student entitlement" as defined in Section 37-22-1(2)(d), Mississippi Code of 1972, multiplied by the number of such legally transferred students. §37-19-27 (1991)

LEGAL REF.: MS CODE as cited

CROSS REF.: Policies JBAC – Home Schooling/Transfer Student Testing

JBCD-E – Transfers and Withdrawals of Students (agreement Form)

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ENROLLMENT OF SPECIAL/TRANSFER STUDENTS – HOME SCHOOLING

JBCDA

The procedure for enrollment of transfer students who were enrolled in a non-accredited school or in a correspondence school or who were receiving home schooling will be as follows:

1. The student will be temporarily assigned during registration to grade level or subject indicated on report card, transfer papers, or written documentation from correspondence school or private tutor.

2. The administrator will arrange for administering a test to each student during the first thirty (30) days of attendance.

3. Principals will assign the student to grade level or subject (discipline) based on the student's achievement level on the test.

4. Students from non-accredited schools will not be accepted without examinations, using district tests and/or special subject area tests within thirty (30) days after transfer. Schools shall not permanently enroll a student who was formerly enrolled in the state until the Mississippi cumulative folder or official transcript of credits is received from the school from which the student transferred.

5. Home schooling/alternative education may not be used to advance a student beyond his/her peers.

HOME SCHOOLING/TRANSFER STUDENT TESTING

Any transfer student from a school or program (correspondence, tutorial, or home study) not accredited by a regional or state agency is given either a standardized achievement test(s) or teacher‑made special subject test(s) to determine the appropriate classification of the student. {MS Code 37‑15‑33} Note: The administrative head of each public school shall ensure that each pupil applying for transfer shall be tested within thirty days after the filing of such application for transfer. Notice of the administering of such test(s) shall be given to the applicant not less than five days prior to the date of the administration of such test.

All students seeking to transfer from any school, public or private, within or outside of the boundaries of the State of Mississippi, to a public school within the state may be required to take a test to determine the grade and class to which the pupil shall be assigned at the time of pupil transfer.

The administrative head of each public school shall administer the test or tests to such pupil or students as shall apply for transfer to such public school. Such test or tests shall be administered within thirty days after the filing of each such application for transfer. Notice of the giving of such test shall be given the applicant not less than five days prior to the date of administration of such test.

No transfer of a pupil shall be effected until the test has been given and the pupil is assigned according to the grade and class for which the test shows he/she is best suited. Pending the administration of the test herein provided for and its grading and an assignment based thereon the superintendent of the school district or the attendance center principal to which the pupil seeks admission may assign the pupil temporarily to a grade and class comparable to that in which the pupil would have been had the pupil continued in the school from which the transfer was being made. MS Code §37-15-33

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards

CROSS REF.: Policy JBCCC

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TRUANCY

JBDB

A "truant" is a student who is absent without a valid excuse as identified in Policy JBA.

"Truancy" also includes absence without permission from any class, study hall or school-related activity for which a student is scheduled during the school day.

Disciplinary action shall be taken against students who are truant. Continued truancy may lead to academic failure, placement in the alternative school program and/or suspension or expulsion from the regular and/or alternative school programs.

Reports of truancy shall be made in accordance with the Mississippi Compulsory School Attendance Law and Policy JBA.

Standard 18 is as follows: The school district implements programs designed to keep students in school and to lower student dropout rates. MS CODE 37-3-46 (c)

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STUDENTS COMPLAINTS OF SEXUAL DISCRIMINATION/HARASSMENT – TITLE IX

JBP

As provided under Title IX of the Education Amendments of 1972, no person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance.

Students in the Long Beach School District are protected from sexual discrimination, including sexual harassment, by Title IX of the Education Amendment of 1972 to the Civil Rights Act. It is the intent of the Board to maintain an environment free from sexual harassment of any kind. Therefore, unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature amounting to or constituting harassment are prohibited. Complaints of sexual discrimination/harassment shall be handled in accordance with Policy JB-P – Students Complaints of Sexual Discrimination/Harassment – Title IX Procedures.

HARASSMENT PROHIBITED

This school district affirms employee protection provided under Title VII, and therefore "shall not tolerate verbal or physical conduct by any employee, male or female, which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment."

Further, this school district prohibits sexual harassment of or by any student. This policy applies to conduct during and relating to school and school-sponsored activities. Sexual harassment is inappropriate behavior and offensive. Any student who engages in the sexual harassment of anyone in the school setting may be subject to disciplinary action up to and including expulsion.

SEXUAL MISCONDUCT PROHIBITED

If any person eighteen (18) years or older who is employed by any public or private school district in this state is accused of fondling or having any type of sexual involvement with any child under the age of eighteen (18) years who is enrolled in such school, the principal of such school and the superintendent of such school district shall timely notify the district attorney with jurisdiction where the school is located of such accusation, provided that such accusation is reported to the principal and to the school superintendent and that there is a reasonable basis to believe that such accusation is true. §97-5-24 (1994)

If any teacher and any pupil under eighteen (18) years of age of such teacher, not being married to each other, shall have sexual intercourse, each with the other, they shall, for every such offense, be fined in any sum, not more than five hundred dollars ($500.00) each, and the teacher may be imprisoned not less than three (3) months nor more than six (6) months. §97-29-3 (1980)

LEGAL REF.: MS CODE as cited

1972 Education Amendments, Title VII & Title IX

CROSS REF.: Policies JAA – Equal Education Opportunities

JB-P – Students Complaints of Sexual Discrimination/Harassment –

Title IX Procedures

JCA – Student Conduct

JCB – Code of Conduct

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STUDENT COMPLAINTS OF SEXUAL DISCRIMINATION/HARASSMENT –

TITLE IX PROCEDURES

JBPA

This complaint procedure shall provide a process for filing, processing and resolving complaints on matters related to complaints of sexual harassment/discrimination. Adherence to these procedures is mandatory. The failure of any person to follow these procedures will constitute a waiver of the right to pursue a complaint at any level, including review by the Board.

I. DEFINITIONS

A. “Sexual harassment” exists when unwelcomed sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature meets one of the following criteria:

1. QUID PRO QUO HARASSMENT – Submission to such conduct is made, either implicitly or explicitly, a term or condition for a student’s assignment of grades, promotion or other school-related benefit.

2. QUID PRO QUO HARASSMENT – Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting that individual.

3. HOSTILE ENVIRONMENT HARASSMENT – Such conduct has the purpose or effect of unreasonably interfering with the student’s work performance or creating an intimidating, hostile or offensive teaching or learning environment.

B. A “complaint” is a report by any student, a parent, legal guardian or custodian of a student or any employee which alleges that a policy or practice of the District or a practice or act of any of its employees or students has discriminated against a student on the basis of sex, including sexual harassment.

C. The “complainant” is the student or parent, legal guardian or custodian of a student or employee who submits a complaint.

D. The “respondent” is the person alleged to be responsible for the violation alleged in a complaint. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.

E. The “Title IX Coordinator” is the person(s) designated by the superintendent to coordinate the District’s efforts to comply with and carry out responsibilities under Title IX and other state and federal laws addressing equal educational opportunity.

F. A “day” means a working day and does not include holidays and/or weekends.

II. GENERAL RULES

A. Since it is important that complaints be filed and processed as rapidly as possible, the number of days indicated at each step are considered to be maximum and every effort will be made to expedite the process. At any step in the complaint procedure, the time limits may be extended only when necessary under the circumstances. In no event shall these procedures be extended for more than a 90 day period.

B. If a review is not requested at any step within the time allotted and if the decision at the prior step found a reasonable basis to believe that an employee has engaged in any sexual misconduct or involvement with any student under the age of 18, the Title IX Coordinator shall, immediately upon the expiration of the allotted time, submit such information to the superintendent. The superintendent shall make such information available to the appropriate District Attorney as required by District policy and Mississippi law.

C. Facts elicited during the complaint procedure are confidential and do not become part of a student’s permanent record. A copy of documents, communications and records dealing with the processing of a complaint will be filed in a separate file as designated by the superintendent.

D. Facts elicited during the complaint procedure that result in adverse disciplinary action against an employee become part of that employee’s personnel file.

E. The failure of a complainant to proceed from one step to the next within the set time limits, without being granted an extension of time by the Title IX Coordinator, shall be deemed to be an acceptance of the decision previously rendered and shall eliminate any future review concerning that particular complaint.

F. The failure of the reviewing officer(s) to communicate his/her decision to the complainant or respondent within the time limits shall permit the complainant or respondent to proceed to the next step.

G. The complainant may withdraw his/her complaint at any step without reprisal. However, a complainant shall not be permitted to refile the same complaint once withdrawn unless it is within the initial time period.

H. No reprisal shall be invoked against the complainant for filing a complaint or against any person for participation in any way in this procedure.

I. If the complaint is against the student’s principal, the complainant may go directly to the Title IX Coordinator.

III. PROCEDURES FOR PROCESSING A COMPLAINT

The building level principal will immediately investigate a complaint. If the evidence is adequate for a potential problem then the following procedures will take place.

Party/Parties Involved/Action Required

Complainant

Within five (5) days from the time a complaint becomes known, the complainant must complete and submit to the Title IX Coordinator a written “Title IX Report” form. The report must state the respondent’s name, the nature and date of the alleged violation, the names of any witnesses to such alleged violation and requested action. Forms shall be available from all principals’ offices and from the Title IX Coordinator.

Title IX Coordinator

Within two (2) days from receipt of the written complaint, the Title IX Coordinator shall notify the respondent.

Respondent

Within five (5) days, the respondent shall be required to respond in writing to the Title IX Coordinator, as follows:

1. Confirm or deny the facts as alleged;

2. Indicate acceptance or rejection of the complainant’s requested action; or

3. Outline alternative actions.

Title IX Coordinator

Within five (5) days from receipt of the respondent’s response, the Title IX Coordinator shall provide an initial response to the complainant and respondent, stating initial conclusions of fact and proposed action, if any.

Complainant or Respondent

Within five (5) days of receiving the initial response, the complainant or respondent may request, in writing, a hearing on the matter.

Title IX Coordinator

Upon receipt of a written request for hearing, the Title IX Coordinator shall schedule a hearing to be held within 5-10 days before an unbiased panel of 3-5 district employees. The Title IX Coordinator shall give written notice of such hearing to the complainant, respondent, student’s principal or employee’s supervisor, superintendent and other appropriate witnesses If applicable.

Title IX Coordinator,

Grievant, Respondent,

Title IX Hearing Panel

Within 5-10 days of the receipt of the written request for a hearing by the Title IX Coordinator, a hearing shall be scheduled before an unbiased panel of 3-5 district employees. The Title IX Coordinator shall facilitate the hearing, at which the following rules shall apply:

1. The hearing shall be informal and the legal rules of evidence and procedure shall not apply.

2. The complainant and respondent shall be permitted to submit written evidence and to bring witnesses before the panel.

3. The Title IX Hearing Panel members may question any witnesses brought before them.

4. The complainant and respondent shall be permitted to make a statement before the panel and may be permitted to examine their witnesses and to cross-examine witnesses actually presented by the other parties.

5. Representation of the complainant or respondent by other individuals shall not be permitted.

6. The Title IX Coordinator shall create and maintain a record of the hearing which shall include the names of all witnesses, all investigation reports, a summary of all witness testimony and all documentary evidence.

Title IX Hearing Panel

Within five (5) days after the hearing, the Title IX Hearing Panel shall issue a written decision which shall include findings of fact and recommended action.

Title IX Coordinator

Upon receipt of the decision of the Title IX Hearing Panel, the Title IX Coordinator shall provide a copy of such decision to the complainant, respondent, principal or supervisor and superintendent.

Complainant or Respondent

If the complainant or respondent is not satisfied with the decision, he/she may request a review by the superintendent. The request for such review must be made in writing to the Title IX Coordinator within five (5) days of receipt of the Panel’s decision.

Title IX Coordinator

Upon receipt of a request for review by the superintendent, the Title IX Coordinator shall notify the superintendent of such request and submit to the superintendent the record of the hearing, the panel decision and all related documents.

Superintendent

Within ten (10) days of notice of request for review, the superintendent shall review the record and panel decision and shall issue a decision. The superintendent may concur in the findings and recommendations of the Panel or may make alternate findings and recommendations. The superintendent shall have his/her decision provided to the Title IX Coordinator, complainant, respondent and the principal or supervisor within the ten (10) day period.

Complainant or Respondent

Within five (5) days of the receipt of the superintendent’s decision, if dissatisfied with the decision, the complainant or respondent must submit a written request for review by the School Board to the Title IX Coordinator.

Title IX Coordinator

Upon receipt of the request for review, the Title IX Coordinator must schedule a review before the governing School Board to be held at the Board’s next regular or special meeting, but in no event more than 30 days from such request. The Title IX Coordinator shall provide the Board members with copies of the hearing record, all investigation reports, the panel decision, the superintendent’s decision and all related documents.

School Board, Title IX Coordinator,

Complainant, Respondent

Within 30 days of the request for review, the Board shall review the hearing record, all investigation, all reports, the panel decision, the superintendent’s decision and all related records. The review is not a hearing and no party has the right to present further witnesses or other evidence or to examine any witness or party. However, the Board may, in its discretion, permit statements of limited duration from the complainant or his/her representative and the respondent or his/her representative. All usual rules of Board procedure shall apply. Furthermore, the Board may, in its discretion, require that the review be conducted in closed or executive session.

School Board

Within ten (10) days of the review, the Board shall issue a final written decision. The Board may concur in the findings of the superintendent and direct that the recommended actions be taken or may make alternate findings and direct appropriate actions be taken by the superintendent or other appropriate administrator. The decision of the Board is final.

BACK

DUE PROCESS

JCAA

When a student is confronted with disciplinary action, the Board and its administrators shall afford him/her the safeguards of due process as required by applicable law.

In any case, the student must be made fully aware of his/her rights and must be given an opportunity to present his/her side of the case prior to any action being taken by school officials.

The Superintendent of Schools and the principal of a school shall have the power to suspend a student for good cause or for any reason for which such student might be suspended, dismissed or expelled by this School Board. However, such action of the Superintendent or principal shall be subject to review by and the approval or disapproval of this School Board. If the parent, guardian or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or other person shall have the right to a due process hearing. The parent or guardian of the child shall be advised of this right to a hearing by the Superintendent or principal and the proper form shall be provided for requesting such a hearing. §37-9-71

LEGAL REF.: MS Code §37-7-307 (e), §37-9-71

Goss v. Lopez, 419 U.S. 565 (1975)

U.S. Constitution, Amendment XIV

Wood v. Strickland, U.S. 95S Ct. 992 (1975)

See Policy JDD/JDE, JD.

BACK

SCHOOL SEARCHES

JCAB

DESKS AND LOCKERS

Desks and lockers are school property and remain at all times under the control of the school. However, students are responsible for whatever is contained in desks and lockers issued to them by the school. School authorities may conduct periodic general inspections at any time for any reason related to school administration. Inspection of individual lockers or desks may occur when there is a reasonable basis to do so and in those cases, the student or a third party shall be present.

AUTOMOBILES

The school retains authority to inspect student automobiles used as transportation to school whether on or off school property. When a school authority has reasonable suspicion to believe that illegal or unauthorized materials are contained inside a student vehicle, the police will be called and the student may be required to open the automobile, including the trunk, for further inspection.

Buildings, desks, lockers and automobiles may be searched by trained police officers using trained drug dogs when there is reason to suspect the presence of drugs. Unannounced random searches using dogs may also be conducted.

SEARCH OF STUDENTS

A student's person and/or personal effects may be searched whenever a school authority has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials. Metal detectors may be used by school personnel whenever a school authority believes the situation warrants their use.

If a pat-down search of a student's person is conducted, it will be conducted in private by a school official of the same sex with an adult witness present.

It will be an extremely rare situation that requires a more intrusive search of a student's person than a pat-down. Only if extreme emergency conditions exist, and only upon prior approval by the central office, shall a more intrusive search be conducted. If such a search is necessary, it will be conducted in private by a school official of the same sex with an adult witness of the same sex present.

NOTICE OF POLICY

Students will be provided notice of the School Search Policy by having the policy placed in the student handbook and distributed to all students. A copy of the policy will also be posted in the principal's office or other prominent place in the school.

SCHOOL SEARCHES

The Fourth Amendment to the United States Constitution and Article 3, §23 of the Mississippi Constitution provides all people with the right to be secure in their persons, houses, papers, and effects against unreasonable searches. However, circumstances will arise where searches of students' persons, possessions, lockers, desks and vehicles will be necessary. Administrators have the authority and obligation to exercise discretion in the implementation of this policy, balancing the District's responsibility to maintain discipline, order, and a safe environment conducive to education with the students' legitimate expectations of privacy.

1. REQUIREMENTS

All searches must be pre-approved by the superintendent, principal, assistant principal or acting principal. No other District employee may authorize a search except where an emergency situation exists.

At least two District employees must be present while a search is conducted. If, in the discretion of the administrator or employee conducting the search, the search is particularly intrusive, the person conducting the search and the witnesses, or at least one of them, should be the same sex as the student.

No student other than the student who is the subject of the search may be present during the search. All searches must be reasonable in scope.

2. SEARCHES PERMITTED

Searches are permitted as follows:

A. PERSON, POSSESSIONS, LOCKERS: Searches of a student's person, possessions or lockers may be conducted if a District employee has prior individualized reasonable suspicion that a student has violated or is violating a District policy, school rules or regulations or the law and that the search will result in discovery of evidence of such violation.

B. DESKS, OTHER SCHOOL PROPERTY: Searches of desks and other school property (except lockers) may be conducted at any time, with or without reasonable suspicion of a violation.

C. VEHICLES: Searches of vehicles driven to school by or for students may be searched by visual inspection with or without reasonable suspicion of a violation. If a visual search results in individualized reasonable suspicion of a violation, a more intrusive search of the vehicle may be conducted at the direction of the principal.

D. CANINE SEARCHES: The District may at any time utilize canines to search vehicles, possessions not on the student's person, desks, lockers and other school property, with or without reasonable suspicion of a violation. A canine response indicating the presence of contraband constitutes reasonable suspicion and a more intrusive search may be conducted at the direction of the principal.

E. GROUP SEARCHES: Caution shall be exercised when a search involving a number of students is conducted. In most instances, in order to justify a search, the District's reasonable suspicion must be particularized to an individual student. Exceptions to this requirement are appropriate only where the intrusiveness of the search is minimal, such as canine searches of lockers, desks or bookbags or automobile searches, etc.

F. STRIP SEARCHES: No student shall be subjected to a strip search except where an emergency situation exists and with pre-approval by the principal. No student shall be asked to remove any article of clothing in the presence of a member of the opposite sex or of other students.

3. DEFINITIONS

A. "Reasonable in scope" means that the degree of the intrusion must be consistent with the objective of the search. Factors to be considered in whether the scope of a search is reasonable include, but are not limited to, the following:

1. The student's age, maturity, and sex;

2. The nature or level of seriousness of the suspected violation; and

3. The intrusiveness of the search, e.g. a canine search is less intrusive than a locker search; a locker search is less intrusive than a "pat-down"; etc.

B. "Reasonable suspicion" refers to a flexible concept requiring the application of experience and common sense. Determinations of whether reasonable suspicion to support a search exists shall be made on a case-by-case basis with due consideration of all circumstances. In all cases, "reasonable suspicion" must be supported by articulable facts.

Factors to be considered in making this determination include, but are not limited to, the following:

1. The reliability of the information indicating that evidence of a violation may be discovered;

2. The existence of reasonable suspicion that such evidence will be discovered;

3. The individualization of the suspicion toward the person to be the subject of the search;

4. The prevalence or seriousness of the problem to which the search is directed;

5. The exigency of the circumstances; and

6. In some circumstances, the student's history and record in school.

4. DISCIPLINARY ACTION

If a search reveals grounds for a reasonable belief that a violation of a district policy, school rules or regulations or the law has occurred, the student will be subject to disciplinary action as provided by District policy.

5. POLICE SEARCHES

School officials are obligated to cooperate with law enforcement authorities who are validly carrying out their official duties. In such cases involving a student, the District shall make an immediate attempt to notify the student's parent, guardian, or custodian. The principal or principal's designee shall attend the search if conducted on or about the school premises and shall take any disciplinary action necessary as a result of the search.

LEGAL REF.: New Jersey v. T.L.O., 469 U.S. 325 (1985); Horton v. Goose Creek Independent School

Dist., 690 F.2d 470 (5^th Cir. 1982), cert.denied, 103 S.Ct. 35 (1983); Tarter v. Raybuck,

742 F.2d 977 (6^th Cir. 1984), cert. denied, 105 S.Ct. 1749 (1985)

CROSS REF.: Policy JCDBB – School Bookbags

BACK

STUDENT CONDUCT – DISRUPTIVE BEHAVIOR – SCHOOL SAFETY ACT

JCB

The superintendent shall establish and the board shall adopt a code of student conduct that shall be provided to all teachers, school personnel, students and parents, legal guardians or custodians at the beginning of each school year. The superintendent shall develop the code of conduct in consultation with principals, teachers, school personnel, students and parents, legal guardians or custodians.

The School Safety Act of 2001 provides a procedure for disciplining students whose behavior, as determined by the principal or designated administrator of each school, seriously interferes with the school environment as defined by the Act. The Superintendent is authorized to more fully develop and implement the following procedures in the school district. These provisions of the School Safety Act of 2001 are cumulative and in addition to existing school district discipline procedures.

· The teacher is the authority in the classroom and, as such, is charged with classroom management. The administration will continue to support the teacher in decisions made in compliance with the written discipline code of conduct, school policies and procedures.

· Teachers continue to have the authority to remove students from their classrooms under existing policies and statutes for certain behaviors and/or actions, and such behavior would not necessarily constitute "disruptive behavior" as defined in the School Safety Act of 2001 ("Act"). In accordance with the Act and the Attorney General opinion dated June 25, 2001, this District designates the building principal or assistant principal of each school to make the determination as to whether a student's behavior seriously interferes with the school environment. Not every removal from the classroom constitutes an instance of "disruptive behavior" as defined by the Act.

· "Disruptive Behavior" means conduct of a student that is so unruly, disruptive or abusive that it seriously interferes with a school teacher's or school administrator's ability to communicate with the students in a classroom, with a student's ability to learn, or with the operation of a school or a school-related activity, and which is not covered by other laws related to violence or possession of weapons or controlled substances on school property, school vehicles or at school-related activities. Such behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive language or action toward teachers or other school employees: defiance, ridicule or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher. (See Policy JD.)

· "Habitually disruptive" refers to such actions of a student which cause disruption in a classroom, on school property or vehicles or at a school-related activity on more than two (2) occasions during a school year, and to disruptive behavior that was initiated, willful and overt on the part of the student and which required the attention of school personnel to deal with the disruption. (See Policy JD.)

· Should a student be removed from the classroom by a teacher because a teacher, in his or her professional judgment, has determined that the student is disrupting the learning environment under this Act, the teacher should describe the student's behavior in the information provided to the principal or assistant principal. If the principal or assistant principal disagrees with the teacher's decision to remove the student, the principal may return the student to the classroom. The teacher may request that the principal or assistant principal provide justification for returning the student to the classroom. A student does not have to be engaged in disruptive behavior as defined by Mississippi Code Ann. §37-11-54 (or the Act) to be removed from the classroom. A student may be removed from the classroom for other qualifying behavior under the school district's discipline plan.

· Should the principal or assistant principal determine that the student's conduct does rise to the level of "disruptive behavior" required in the Act or in accordance with existing procedures addressing the removal of the students from class, the parent/guardian will be contacted and a conference held with the parent/guardian by the most effective and/or efficient means available, including but not limited to, telephone, e-mail, written notice via mail or delivery. After the conference and application of the appropriate discipline under the school discipline plan, the student may return to class.

· After the second incident of disruptive behavior as determined by the principal or assistant principal, the principal or assistant principal, the student's parent or guardian and the reporting teacher or teachers shall develop a behavior modification plan. The conference to develop the plan may be held in person or via telephone. If the parent/guardian does not respond or refuses to participate, the teacher(s) and the principal or assistant principal shall prepare the plan and mail a copy to the parent/guardian.

· Once determination has been made by the principal or assistant principal that the student has not complied with the behavior modification plan, the principal or assistant principal shall follow the procedure for disciplining the student according to the student code of conduct and discipline plan, which may include expulsion to the alternative school for applicable offenses. The Act limits the expulsion remedy to students age 13 and above. However, under board policy and other discipline procedures, expulsion may also apply to students under age 13.

· If a student under age 13 has two instances of behavior that the principal or assistant principal classifies as "disruptive behavior," the District will appoint trained personnel to evaluate the child's behavior through an appropriate behavioral assessment. The assessment will not be one such that it is in conflict with federal laws requiring parental notification of certain types of evaluations.

· Any discipline, including expulsion, for "habitually disruptive" behavior under the Act, must follow existing procedures to ensure that the student is afforded his/her due process protections. (Section 37-11-55 (b))

1. The school district will more fully develop and implement procedures for devising behavior modification plans under the School Safety Act.

2. It is the school district's policy to have procedures for dealing with a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities. These procedures will specifically address discipline measures for gang-related activity in the school, on school property or vehicles, or at school related activities.

LEGAL REF.: School Safety Act of 2001 (Senate Bill No. 2239) (Miss. Code Annotated

§37-11-53, §37-11-54, §37-11-55) (Supp. 2991)

Attorney General Opinion to Thompson dated June 25, 2001

Also see JC, JCAA, JD, JDA, JCBE, GAC.

BACK

INDIVIDUAL(S) UNLAWFUL ACTIVITY OR ASSOCIATION/GANGS/ PROHIBITED ORGANIZATIONS

JCBB

This school district is committed to maintaining a safe school environment for its students and staffs. Students are expected to adhere to the school’s and district’s standards of conduct that promote well-being and support the learning process. Gang activity will not be tolerated in any form. Where gang activity is suspected or confirmed a complaint will be filed in accordance with the “Mississippi Streetgang Act” (MS Code §97-44-1 et seq.).

Note: Consult Board attorney and refer to MS Code §97-44-13 for complete legislation on the “Mississippi Streetgang Act.”

A student(s) will not be allowed to initiate or become involved in activities or conduct which threatens the safety and well-being of others or property on school premises or which disrupts or threatens to disrupt the school environment. The use of words or symbols that tend to disrupt the school environment or to encourage violations of school policy or which threaten the safety and well-being of others on the school premises will not be allowed.

An individual or individuals who are initiating, advocating, or promoting activities which threaten the safety or well-being of persons or property on school grounds or which disrupt the school environment are harmful to the educational process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol, or any other attribute which indicates or implies membership or affiliation with such a group, presents a clear and present danger. This is contrary to the school environment and educational objectives and creates an atmosphere where unlawful acts or violations of school regulations may occur.

No student shall actively participate or wear clothing or other indications of membership in an organization which advocates violence or hatred toward any group of students and other individuals, or an organization which either intends to or does disrupt the educational process through its purpose or actions.

Incidents involving initiations, hazings, intimidations, and/or related activities of such group affiliations which are likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students are prohibited.

The school district shall enforce the above rule and attempt to ensure that any student wearing, carrying, or displaying gang paraphernalia or exhibiting behavior or gestures which symbolize gang membership and/or participation in activities which intimidate or affect the attendance of another student shall be subject to appropriate disciplinary action, in accordance with the disciplinary ladder.

Also see JCBE, JC.

BACK

FIGHTING

JCBC

District policies governing student fighting are adopted by the School Board and published annually in student handbooks as official policy statements of the School District.

BACK

CARE OF SCHOOL PROPERTY/VANDALISM

JCBD

The condition of the walls of the buildings, the furniture in the classrooms, auditorium, library, gym and cafeteria should be a source of personal pride to each student. Every student should not only refrain from defacing or destroying school property but should make every possible effort to induce his/her fellow students to do likewise. He/she should help the custodian by placing all paper and waste in the containers furnished for this purpose. Section 37-11-9 of the Mississippi School Law Bulletin says, "If any pupil shall willfully destroy, cut, deface, damage, or injure any building, equipment or other school property he/she shall be liable to suspension or expulsion and his/her parents in loco parentis shall be liable for damages." Parents/guardians will be notified in writing of a student's destruction or defacement of school property.

Vandalism

If any student shall willfully destroy, cut, deface, damage or injure any school building, equipment or other school property he/she shall be subject to suspension or expulsion and his/her parents, legal guardians or custodians shall be liable for all damages.

Liability for Damages

The District may institute legal proceedings against and recover damages provided by law from parents of minor students who maliciously and willfully damage or destroy school property. The discipline plan of each school shall contain a statement of parental responsibilities in this regard as required by Policy JDA – Discipline Plan.

Reporting Vandalism

Citizens, students and law enforcement are urged by the Board to cooperate in reporting any incidents of vandalism in District property and the name(s) of the person(s) believed to be responsible.

All District employees shall notify the principal of the school when knowledge of an act of vandalism has or may have occurred.

The superintendent or his/her designee is authorized to sign a criminal complaint and to press charges against perpetrators of vandalism against school property. He/she is further authorized to delegate authority to perform these functions.

Also see Policy JC.

BACK

UNLAWFUL OR VIOLENT ACTS

JCBF

Any unlawful or violent act is absolutely prohibited on school property or during school-related activities.

DISCIPLINARY ACTIONS

A student shall be subject to automatic suspension and recommendation of expulsion by the superintendent or principal when there exist reasonable grounds to believe that a student has committed an unlawful or violent act on school property, during school-related activities or otherwise when the commission of the unlawful or violent act has or threatens a disruptive effect on the educational process or threatens the safety of the student or others. Such suspension pending expulsion or reassignment to the alternative school shall take effect immediately subject to the procedures of due process stated in Policy JDE – Expulsion.

Any student who possesses any controlled substance, a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on school property shall be subject to automatic expulsion by the superintendent or principal of the school in which the student is enrolled. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student’s right to appeal to the local School Board.

REPORTING

All school employees shall report unlawful activities and violent acts in accordance with Policies JCBF and JCBFA.

DEFINITIONS

An “unlawful activity: means any of the following:

1. Possession or use of a deadly weapon;

2. Possession, sale or use of any controlled substance;

3. Aggravated assault;

4. Simple assault upon any school employee;

5. Rape;

6. Sexual battery;

7. Murder;

8. Kidnapping;

9. Fondling, touching, handling, etc., of a child for lustful purposes;

10. Any violent act.

A “violent act” is one which results in or is an attempt to cause death or physical harm of another person.

“School property” includes any school building, bus, campus, grounds, recreational area, athletic field or other property owned, used or operated by the District.

DISRUPTION TO THE EDUCATIONAL PROCESS

The superintendent and principal of a school shall have the power to suspend a pupil for good cause, including misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, or for any reason for which such pupil might be suspended, dismissed, or expelled by the School Board under state or federal law or any rule, regulation or policy of the local school district. However, such action of the superintendent or principal shall be subject to review by and approval or disapproval of the School Board. If the parent, guardian or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or other person shall have the right to a due process hearing. The parent or guardian of the child shall be advised of this right to a hearing by the appropriate superintendent or principal and the proper form shall be provided for requesting such a hearing. §37-9-71 (2000)

NOTE: MS Code Section 97-3-19 includes in the definition of capital murder "Murder which is perpetrated on educational property as defined in Section 97-37-17."

Please refer to MS Code §37-3-83 for information on how school districts may apply for grant funds under the "School Violence Prevention Grant Program."

Standard 23.11 is as follows: The school district is in compliance with state and/or federal requirements for a School Safety Plan, including facilities that are clean, safe, and equipped to meet the instructional needs of students and staff. {MS Code 37-3-81, 37-7-301(c)(d)(j), 37-11-5 and 49, 37-17-6(20), and 45-11-10}

LEGAL REF.: MS CODE §37-11-18; §37-11-29 (6); §43-21-605 (4); §37-9-71

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policies EBBA – School Safety Plan

JCBF – Reporting of Unlawful or Violent Acts

JCDAC – Drugs and Alcohol

JCBH – Gun-Free Schools

JDE – Expulsion

BACK

REPORTING OF UNLAWFUL OR VIOLENT ACTS

JCBFA

REPORTING OF UNLAWFUL OR VIOLENT ACTS

District employees shall comply with all requirements imposed by law with regard to reporting unlawful or violent acts which have or may have occurred on school property or during school-related activities or for which students have been expelled.

The following reports shall be made in accordance with the law and with Procedure JCBFB – Reporting of Unlawful or Violent Acts – Procedures.

NOTIFICATION TO PRINCIPAL

Any school employee shall notify his/her principal immediately upon obtaining knowledge that one of the following unlawful activities or a violent act has or may have occurred on school property or during a school-related activity:

1. Aggravated assault, including but not limited to:

a. Assault resulting in serious physical injury; or

b. Assault involving use of weapon;

2. Assault on a school employee, simple or aggravated;

3. Indecent liberties with a minor;

4. Possession of a firearm or other weapon;

5. Possession, use or sale of any controlled substance;

6. Rape;

7. Sexual battery;

8. Other sexual offense;

9. Murder or other homicide;

10. Kidnapping; or

11. Other violent act.

When an emergency situation exists and the principal is not available for immediate notification, the employee shall immediately notify the appropriate law enforcement agency and, as soon as possible thereafter, shall notify the principal or other school administrator.

NOTIFICATION TO SUPERINTENDENT

A principal receiving an employee's report or having personal knowledge of such acts shall immediately notify the superintendent or his/her designee.

NOTIFICATION TO LAW ENFORCEMENT AGENCY

A principal shall orally notify the appropriate law enforcement agency when he/she has a reasonable belief that one of the above-stated acts has occurred and shall thereafter notify the appropriate local law enforcement agency in writing.

NOTIFICATION TO PARENTS, YOUTH COURT AND LAW ENFORCEMENT AGENCY

The superintendent shall notify the parents/legal guardians, the youth court and appropriate local law enforcement agency when a student is expelled because of unlawful or violent activity.

The superintendent shall notify the parents/legal guardians, youth court and appropriate local law enforcement agency when a crime has been committed by a student on school property or during a school-related event.

The district shall be in compliance with state law in regard to reports to youth court, confidentiality of records, and responses to unlawful/violet acts.

NOTIFICATION TO DISTRICT ATTORNEY

The superintendent or principal shall notify the district attorney of an accusation of fondling or sexual involvement with a minor student (under 18) by a school employee (18 or older) upon determination that there is a reasonable basis to believe that the accusation is true.

DEFINITIONS

1. "School property" means any school building, bus, campus, grounds, recreational area, athletic field, or other property owned, used or operated by the District.

2. A "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.

3. The "appropriate law enforcement agency" is the agency with jurisdiction in the place where the unlawful activity or violent act occurs.

4. The “appropriate local law enforcement agency” is the Long Beach Police Department.

5. The crimes which must be reported are defined by the applicable Mississippi law.

LEGAL REF.: MS CODE §37-11-29; §37-9-14(2)(w) and (x); §43-21-605(4)

CROSS REF.: Policies JCBE – Unlawful or Violent Acts

JCA – Student Conduct

JDA – Discipline Plan

BACK

REPORTING OF UNLAWFUL OR VIOLENT ACTS -PROCEDURES

JCBFB

The reports of unlawful or violent acts required by Policy JCFB shall be made in accordance with the following procedures:

A. ACTION BY DISTRICT PERSONNEL

When any school employee, principal, or the superintendent has knowledge that an unlawful or violent act has or may have occurred on school property or at a school-related event:

1. IMMEDIATELY UPON RECEIVING INFORMATION OF SUCH ACT, the following oral reports shall immediately be made:

a. The employee shall notify his/her principal.

b. The principal shall notify the superintendent or his/her designee.

2. ORAL NOTICE TO LAW ENFORCEMENT

a. IF AN EMERGENCY (911-LIFE THREATENING) SITUATION EXISTS AND THE PRINCIPAL IS NOT IMMEDIATELY AVAILABLE, the employee is authorized to immediately contact the appropriate law enforcement official and, as soon as possible thereafter, to notify the principal or other school administrator.

b. IF THE PRINCIPAL HAS A REASONABLE BELIEF THAT AN UNLAWFUL OR VIOLENT ACT HAS BEEN COMMITTED, the principal shall also orally notify law enforcement officials immediately following receipt of the employee's report.

3. AS SOON AS POSSIBLE, and in no event more than 24 hours after the oral report, the following written reports shall be made:

a. An employee making the oral report shall complete and submit to the principal a written report on a form provided by the superintendent for such purposes.

b. If the principal has a reasonable belief that an unlawful or violent act has been committed, he/she shall complete and submit to the appropriate local law enforcement agency and to the superintendent a written report on a form provided by the State Board of Education for such purposes.

c. If a crime was committed by a student, the superintendent shall complete and submit to the youth court and the appropriate local law enforcement agency an affidavit in a form prescribed for such purposes. If expulsion resulted from a student's unlawful activity act, the affidavit shall contain such notice.

d. If the offense involved possession of a firearm in violation of Policy JCBH – Gun-Free Schools, the superintendent shall also submit the written report to the appropriate division of the State Department of Education.

4. Copies of all written reports and notices shall be retained by the principal and the superintendent.

B. SEXUAL MISCONDUCT

When there is an allegation against an employee of sexual misconduct with a student:

1. WITHIN FIVE (5) DAYS OF THE OCCURRENCE OR KNOWLEDGE OF SUCH MISCONDUCT, a student, parent, employee or other person shall orally notify the principal, Title IX Coordinator or the superintendent of all allegations against the employee.

2. IMMEDIATELY UPON RECEIPT OF SUCH ALLEGATION(S), the principal or Title IX Coordinator shall orally notify the superintendent.

3. SUCH ALLEGATIONS SHALL BE PROCESSED IN ACCORDANCE WITH THE TITLE IX GRIEVANCE PROCEDURE ESTABLISHED BY THE DISTRICT.

4. UPON CONCLUSION OF THE TITLE IX GRIEVANCE PROCESS, the Title IX Coordinator shall complete and submit a written report to the superintendent.

5. WITHIN TWO (2) DAYS OF RECEIVING THE TITLE IX GRIEVANCE REPORT, the superintendent shall determine whether there exists a reasonable basis to believe that the accusation is true and, if so, shall as soon as possible thereafter orally notify the district attorney of such accusation.

6. Copies of all written reports shall be retained by the superintendent.

LEGAL REF.: MS CODE §37-11-29; §37-9-14(2)(w) and (x); §43-21-605(4)

CROSS REF.: Policy JCBE – Unlawful or Violent Acts

BACK

GUN-FREE SCHOOLS – WEAPONS

JCBH

POSSESSION OF WEAPONS ON SCHOOL PROPERTY

A. GUNS

Any student who has in his/her possession any type of gun, operable or inoperable, while he/she is in school, on school property, on the school bus, on the way to and from school, or at any school function or activity will immediately be suspended and recommended for expulsion by the superintendent or principal of the school where the offending student is assigned. §97-37-17, MS CODE.

B. OTHER WEAPONS – USE OF

Any student who uses or threatens to use any hard or sharp object, regardless of its original purpose, for a weapon while he/she is in school, on school property, on the school bus, on the way to and from school or any school function or activity will immediately be suspended and recommended for expulsion. Examples of such weapons, but not limited to, include knife, bully club, brass knuckles, ammunition, throwing stars, pipe club, brick, bat, chain, razors, box cutters, etc.

Weapons used by students shall be seized and turned over to the school district's security officer. Principals shall exercise their own discretion in each instance concerning the necessity of the notification of the appropriate law enforcement authorities.

C. OTHER WEAPONS – POSSESSION OF

Possession by a student of any hard or sharp object, regardless of its original purpose, that may be considered a weapon while he/she is in school, on school property, on the school bus, on the way to and from school or any school function or activity shall be considered in violation of this policy. Suspensions or other punishment for violation of this section of the policy shall be awarded by the principal who shall deal with each individual case based on the circumstances.

The superintendent is hereby authorized to purchase, install and utilize metal detecting devices to enforce this policy.

Students who violate this policy shall be afforded all due process rights and procedures provided by any and all policies of the school district. However, suspensions awarded by the provisions of this policy shall not be delayed or postponed because of tests and/or examinations.

The school district may use video camera equipment in classrooms for the purpose of monitoring school disciplinary problems.

This School Board authorizes a reward of up to $500.00 to any person who provides information that leads to the confiscation by the school district or by a law enforcement agency of any illegal firearm on school property. The name of any person who provides such information leading to the confiscation of an illegal firearm shall remain confidential. The superintendent is charged with the responsibility of insuring that procedures are in place to maintain such confidentiality. §37-3-84 (1997)

NOTE: MS Code Section 97-3-19 has been amended to include in the definition of capital murder "Murder which is perpetrated on educational property as defined in Section 97-37-17." (Senate Bill 2868, 1998 Regular Session)

NOTE: Please refer to MS Code §37-3-83 for information on how school districts may apply for grant funds under the "School Violence Prevention Grant Program."

LEGAL REF.: MS CODE as cited and §37-3-83 (1997); §37-11-18 (1996); §97-37-17 (1995)

CROSS REF.: Policy JCBH – Gun Free Schools

Any student who is charged with bringing a firearm on school property shall be automatically suspended for ten days and recommended for expulsion for a minimum period of one calendar year by the principal. The suspension shall take effect immediately following the provision of initial due process and pending the conclusion of due process on the recommendation of expulsion.

The superintendent who receives a recommendation for expulsion may determine, based upon the particular circumstances of a given case, that other disciplinary action or alternative placement is appropriate and may make such recommendation to the Board.

READMISSION

A student who is expelled for bringing a firearm on school property must apply for readmission to the regular school program. Readmission may be granted by the board upon a documented showing that the student has participated in successful rehabilitative efforts including but not limited to progress in an alternative school or similar program.

Also see GAZ, JCA.

REPORTING

Violations of the firearm prohibition stated in this policy shall be reported in accordance with Policies JCBF and JCBF-P.

Standard 23.11 is as follows: The school district is in compliance with state and/or federal requirements for a School Safety Plan, including facilities that are clean, safe, and equipped to meet the instructional needs of students and staff. {MS Code 37-3-81, 37-7-301 (c)(d)(j), 37-11-5 and 49, 37-6(20), and 45-11-10}

LEGAL REF.: MS Code as cited and §37-3-83; §37-11-18; §97-37-17

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policies EBBA – School Safety Plan

JCBE – Unlawful or Violent Acts

JCD – Alternative School Program

JCDAE (2) – Possession of Weapons on School Property

BACK

BUS CONDUCT

JCBI

District policies governing student bus conduct are adopted by the School Board and published annually in student handbooks as official policy statements of the Long Beach School District, together with disciplinary actions related to student misconduct.

BACK

ALCOHOL USE/DRUG ABUSE BY STUDENTS /

SUBSTANCE ABUSE TESTING

JCBJ

No pupil attending school at any attendance center in this district shall be permitted to be under the influence of or to carry upon his/her person or in any other manner or have in his/her possession in any way alcoholic beverages, morphine, marijuana, cocaine, opium, heroin or their derivatives or compounds, drugs commonly called LSD, “pep” pills, tranquilizers, or any other narcotic, drug, barbiturate, substance, ingredient or compound which, when taken orally, intravenously, inhaled or in any other manner, may cause the person to be under the influence thereof, and no pupil shall use any of the same at any attendance center of this school district. The provisions of this policy shall not apply to any pupil who is under the care of a licensed physician, and who is taking medication which is under the supervision and direction of such physician.

See policy JGCD regarding prescription medication.

The provisions of this policy statement shall apply to all students during all the period of time that they are under and subject to the jurisdiction of this school district as defined by the laws of the State of Mississippi, and while participating in or going to or from any school activity sponsored by this school district and while under the supervision and direction of any teacher, principal or other authority of this school district.

Any pupil violating any of the provisions of this policy statement of the official policy of this Board, in the sole and absolute discretion of the principal of the attendance center wherein such offense is committed, and the superintendent of this school district, shall be subject to expulsion or other appropriate disciplinary action. Said student is also subject to having charges filed against him/her by the school district with the proper authorities.

This policy is for the sole and exclusive protection of the students of this school district and their general welfare and nothing herein contained shall be construed to avoid any prosecution under any pertinent criminal statute of the State of Mississippi.

Aware of the community problem of alcohol and drug abuse, the Board recognizes that the use of alcohol, narcotic drugs, depressants, and other controlled substances illegally and/or inappropriately constitutes a hazard to the positive development of students. Accordingly, the following measures shall be taken:

1. Establishment of programs to bring about student awareness and understanding of the dangers inherent in the use of alcohol and controlled drugs; 37-13-37; 37-13-39; 37-13-41;

2. Emergency health and safety care which may be necessary for those students under the active influence of drugs at school or in connection with any school activity;

3. Close cooperation by school officials with parents or guardians of students suspected to be illegally involved with controlled drugs. Parents shall be notified and a conference with them shall be arranged when suspicion of drug abuse in any form (use, possession, or distribution) appears sufficiently founded. This shall be a time when school officials may work with parents or guardians without involving law enforcement agencies and without taking disciplinary action;

4. The prohibition of the use, possession, or distribution of alcohol and illegal drugs on school property or in connection with any school activity. Violation of this prohibition shall result in a parental conference. When violations involve controlled drugs, the proper law enforcement officials will be notified. The student will be subject to suspension and may be recommended for expulsion.

5. Any student who comes to school, a school-sponsored activity, or a school-related activity, under the influence of alcohol/illegal drugs, etc., is subject to being recommended for expulsion or other appropriate disciplinary action. Said student is also subject to having charges filed against him/her by the school district with the proper authorities.

LEGAL.: Mississippi Code, as cited above

Also see EBAB.

Illegal Drugs and Drug Abuse

It shall be the policy of the Long Beach School Board to cooperate fully with legitimate efforts aimed at reducing/eliminating illegal drugs and drug abuse.

The Superintendent is hereby authorized to utilize recognized and legitimate resources in combating drug abuse on the campuses while maintaining a protection for the civil liberties of all students and personnel. Such activities shall include but not be limited to assembly programs, films, units of instruction, speakers, locker searches, and the use of narcotic detection techniques including dogs and searches.

The use of a trained dog may be initiated by law enforcement through and with the local police department and/or the courts with legitimate reasons such as affidavit and search warrants and by school officials whenever it is deemed to be in the best interest of enforcing this policy on drug abuse.

It is intended that local law enforcement officials be always present in the event of warrants, searches and the use of the dog and a school official shall also be present.

The school district reserves the right to drug test any student or class of students within limitations of state or federal law.

Substance Abuse Testing Policy

I. INTRODUCTION

The nationwide drug epidemic has cost the lives of tens of thousands of young people in recent years. Reducing and ultimately eliminating the illegal use of drugs, alcohol and tobacco is a pressing concern of every school in this nation. Long Beach is no exception. Pride surveys conducted by the Long Beach School District indicate that many students use illegal drugs, alcohol and tobacco on a regular basis.

“Research shows that people who make it through their teenage years without drugs are much less likely to start using them when they are older. So if testing can help keep kids off drugs and alcohol, if it can help free young minds for learning and allow growing bodies to escape the devastating cycle of dependence or addiction, it will be a valuable and important tool.”

“...if testing reduces students’ use of illicit drugs, it will remove a significant barrier to academic achievement.” (John P. Walters Director Office of National Drug Control Policy)

As part of the Long Beach School District’s mission to produce globally competitive graduates and responsible citizens in a safe and healthy learning environment, the district is implementing this testing policy.

II. PURPOSE

The purpose of the Substance Abuse Testing Policy is not to punish students who abuse alcohol, tobacco, or drugs but rather to prevent drug and alcohol dependence and help drug and alcohol dependent students become drug free.

“We find that testing students who participate in extracurricular activities is a reasonably effective means of addressing the School District’s legitimate concerns in preventing, deterring, and detecting drug use.”

Justice Clarence Thomas

U.S. Supreme Court

June 27, 2002

III. RANDOM DRUG TESTING POLICY

All Long Beach Middle School and High School students enrolled in grades six through twelve shall be subject to drug and alcohol testing to the extent and in the manner provided in this policy. Students who wish to participate in extracurricular activities, co-curricular activities or who seek a privilege for which a school permit is required (i.e. operating a motor vehicle on campus) may not illegally use or consume alcohol, tobacco products, mood altering substances or drugs at any time including school hours and non-school hours, school days and non-school days, twelve months a year. If the school administration determines that the student who is participating in an activity or enjoys a privilege stated above, or seeks to participate in any activity or privilege stated above, is engaged in the illegal use of alcohol, tobacco, or drugs, the student may be subject to consequences in accordance with the Long Beach School District Policy JCBJ. Prior to making this determination and imposing any exclusionary consequence, the administration shall give the student the right to explain his or her conduct.

Parents or guardians of a child who does not participate in or enjoy any privilege stated above may request that their child be included in the Substance Abuse Testing Policy. Procedures and consequences are the same for all participating students.

All Long Beach Middle School and High School students enrolled in grades six through twelve subject to drug and alcohol testing provided in this policy must sign a “Participants Pledge” or the Policy Consent/Release Form as a precondition to his or her participation or privilege. The student’s signature on the Pledge/Consent Form signifies the commitment to abide by the conditions of the Long Beach School District Substance Abuse Testing Policy and to remain free from alcohol, tobacco, and illegal substances. The parent’s signature signifies that the parent has read and understands the Long Beach Substance Abuse Testing Policy.

IV. RANDOM DRUG TESTING

1. Random Testing

The Long Beach School District will conduct random unannounced screening of students in grades six through twelve who participate in extracurricular and co-curricular activities or who enjoy a privilege for which a school permit is required (i.e. operating a motor vehicle on campus). The drug testing agency will provide computerized random sample lists to the designated school representative. The list of students in the random pool will be updated periodically. Participation in multiple school activities will not increase the students’ chances of being selected for random testing. The student will appear once on the list of participating students. When notified by a school administrator, the student will be immediately escorted to the designated collection site for testing. Testing protocol will be established by the testing laboratory and the Long Beach School District. In all cases precautions will be taken to guard against tampering and ensure the chain-of-custody and the proper handling of the specimen so that the test results are not called into question. The privacy of the student will be protected to the extent possible. Drug testing will be conducted by a certified laboratory approved by the Long Beach School District Board of Trustees. Where the district has an employee collect a specimen or conduct a breath alcohol test, the district will provide instruction and training to that employee. At no time will the Random Test results be shared with any law enforcement agency.

2. Prescription Drugs

The proper use of medication prescribed by a physician is not prohibited; however, the Long Beach School District prohibits the misuse of prescribed (or over the counter) medications.

3. Cost of Testing

All tests will be paid for by the Long Beach School District unless stated otherwise.

4. Testing Procedures

The Long Beach School District reserves the right to utilize blood, hair, breath, saliva or urinalysis testing procedures. Initial positive specimens (urine, hair) will be confirmed by applicable mass spectrometry (GC/MS, GC/MS/MS or LC/MS/MS). All confirmed positive test results will be part of the student’s discipline record but will not become a part of the student’s permanent file and will be shared with authorized personnel on a need-to-know basis. Refusal to submit to a test, or attempting to mask or otherwise tamper with the test, will be treated as a positive test and exclusionary consequences will be imposed.

5. Test Results

Test results are cumulative during grades six through eight. At the end of the eighth grade year the student’s record is cleared of any previous violations. Beginning July 1 preceding the student’s ninth grade year, the test results are cumulative until the student graduates. Exclusionary periods, including Return to Participation requirements, imposed for positive drug tests shall carry over into the following school year (including eighth to ninth grade) if the time period is not completed on the last day of school. For the purpose of carry-over days, the days will resume beginning the first day of school.

6. Parent Notification

Parents will be informed in writing of a negative result (no drug, alcohol or tobacco use detected). Parents will be informed in writing (and by phone if possible) of a positive result (alcohol, tobacco or illegal drug use was detected). All information, test results, written and otherwise, received by the Long Beach School District through the Substance Abuse Testing Program are confidential communications and will be released to authorized personnel on a need to know basis.

7. Request for Retest

A student or parent or guardian may request a retest at his/her own expense, but the results will only be considered if scientifically meaningful, timely performed and in compliance with established testing procedures.

8. Return to Participation Testing

All students referred to counseling or rehabilitative program or who are excluded from participation for abuse of substances covered under this policy will be subject to unannounced periodic testing during the exclusionary period and following return to participation for no less than 12 months and no more than 24 months.

V. CONSEQUENCES

First positive test result.

1. Parents are notified by school officials in writing and by phone if possible.

2. The student is excluded from all activities and privileges until a meeting between the parents and the school administration is held.

3. Upon a meeting between the parents and the school administration, the student may immediately resume participation in all activities and privileges if within five school-days of the meeting, the student shows proof of participation in an approved substance abuse counseling program (at student/parent expense, if any), submits to a second random drug and alcohol test within ten school-days of the meeting and complies with the Return to Participation clause. Failure to meet these conditions will result in the exclusion of the student from participation in any school activity or privilege covered under the Substance Abuse Testing Policy for a period of 45 school days.

Second positive test result.

1. Parents are notified by school officials in writing and by phone if possible.

2. The student is excluded from all activities and privileges until a meeting between the parents and the school administration is held.

3. Upon a meeting between the parents and the school administration, the student is excluded from participation in all covered activities and privileges for a period of 20 school-days beginning the day of the meeting. The student may resume participation in all activities and privileges after the twenty day exclusion if the student shows proof of participation in an approved substance abuse counseling program (at student/parent expense, if any), and complies with the Return to Participation clause. Failure to meet these conditions will result in the exclusion of the student from participation in any school activity or privilege covered under the Substance Abuse Testing Policy for a period of 90 school days.

Third positive test result.

1. Parents are notified by school officials in writing and by phone if possible.

2. The student is excluded from all activities and privileges until a meeting between the parents and the school administration is held.

3. Upon a meeting between the parents and the school administration, the student is excluded from participation in all covered activities and privileges for a period of one calendar year. The student may resume participation in all activities and privileges after the calendar year exclusion if the student shows proof of participation in an approved substance abuse counseling program (at student/parent expense, if any) and complies with the Return to Participation clause.

Subsequent positive tests following the third positive result

1. Parents are notified by school officials in writing and by phone if possible.

2. The student is excluded from all activities and privileges until a meeting between the parents and the school administration is held.

3. Upon a meeting between the parents and the school administration, the student is excluded from participation in all covered activities and privileges for a period of one calendar year. The student may resume participation in all activities and privileges after the calendar year exclusion if the student shows proof of participation in an approved substance abuse counseling program (at student/parent expense, if any)and complies with the Return to Participation clause.

--------------------------------------------------------------------------------------------------------------------------------

Long Beach School District Participant’s Pledge

Policy Consent/Release Form

As a participant in Extracurricular Activities, Co-curricular activities or the recipient of a privilege for which a permit is required (i.e. operating a motor vehicle on campus), I pledge to remain free of alcohol, tobacco and illegal substances at all times. I understand that violation of the Long Beach School District Substance Abuse Testing Policy might result in my exclusion from extracurricular activities, co-curricular activities and privileges as determined by the administration of my school. I agree to submit to alcohol, tobacco and drug testing at any time as a condition for my initial or continued participation in the above stated privileges and activities. I authorize the testing agency, laboratory, or medical provider to release test results to the Long Beach School District and its Medical Review Officer. I authorize the Medical Review Officer to release final test results to the designated Long Beach School District official.

________________________________________ _________________________

Student Signature Date

________________________________________

Student Printed Name

________________________________________ _________________________

Parent/Guardian Signature Date

_________________________________________ _________________________

Witness Date

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Long Beach School District

Policy Consent/Release Form

As a participant in Extracurricular Activities, Co-curricular activities or the recipient of a privilege for which a permit is required (i.e. operating a motor vehicle on campus), I acknowledge having read and understand the conditions of the Long Beach School District Substance Abuse Testing Policy and understand that a violation of that policy might result in my exclusion from extracurricular activities, co-curricular activities and privileges as determined by the administration of my school. I agree to submit to alcohol, tobacco and drug testing at any time as a condition for my initial or continued participation in the above stated privileges and activities. I authorize the testing agency, laboratory, or medical provider to release test results to the Long Beach School District and its Medical Review Officer. I authorize the Medical Review Officer to release final test results to the designated Long Beach School District official.

________________________________________ _________________________

Student Signature Date

________________________________________

Student Printed Name

________________________________________ _________________________

Parent/Guardian Signature Date

_________________________________________ _________________________

Witness Date

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REASONABLE SUSPICION TESTING

If there is reasonable suspicion to believe that a student has abused alcohol, tobacco or drugs, or is under the influence of alcohol or any prohibited substance during the time period that the student is under and subject to the jurisdiction of the Long Beach School District in violation of Long Beach School District Policy JCBJ “Alcohol Use/Drug Abuse by Students, Substance Abuse Testing”, the student is subject to immediate disciplinary action and the consequences outlined in Section V of the Random Drug Testing Policy, and may be recommended for expulsion. The school district reserves the right to administer a breath alcohol test on any student where there is reasonable suspicion that he/she is under the influence of alcohol. The student, with the permission of his or her parent or guardian, may, at student/parent expense, voluntarily submit to an appropriate drug test (if applicable) to attempt to establish that he or she is not under the influence of any prohibited drug in violation of policy JCBJ. If the test results are negative, the district will pay the costs of the test. The school administration shall record in writing the factors which led to the school’s conclusion, shall stipulate the specific consequence to be administered, and shall attempt to inform the student’s parents or guardian of the option of submitting to a drug test. The results of any such testing shall be confidential but shall be communicated to the student, his or her parents or guardians and appropriate school and law enforcement authorities.

The following circumstances shall constitute grounds for reasonable suspicion:

Direct observation by a school district employee of drug, tobacco, or alcohol use or possession;
Abnormal or erratic behavior indicating intoxication in class, at school or at a school event, function or activity, or at any time while under the jurisdiction of the Long Beach School District as stated policy JCBJ;
Physical symptoms indicating intoxication including but not limited to glassy or bloodshot eyes, slurred speech, loss of balance, poor coordination or reflexes;
First-hand information provided by reliable and credible sources of use, possession or intoxication while at school or at a school sponsored or school approved function, activity or event, or at any time while under the jurisdiction of the Long Beach School District as stated policy JCBJ.
The presence of the drug on the student, detectable by the senses, such as the smell of activated marijuana or alcohol; or
Possession of illegal drugs; prescription drugs for which the student does not have a prescription; or alcohol containers or drug paraphernalia.

Any one of the above listed circumstances shall be sufficient to constitute grounds for reasonable suspicion. If one of the above listed circumstances is found, Long Beach School District employees and administrators may, but are not required to, consider the following factors in corroboration of the finding of reasonable suspicion:

Excessive tardiness
Excessive absenteeism
Decrease in academic performance
Recent violation of school rules and regulations
Any efforts to evade detection of the use or possession of drugs or alcohol or misrepresentations or untruths regarding the circumstances constituting grounds for reasonable suspicion;
Information provided by reliable and credible sources of use, possession, or intoxication while at school or a school sponsored or school approved function, event or activity;
Prior confirmed discipline for violations of this policy or violations of drug and alcohol laws.

VII. PROHIBITED DRUGS/ALCOHOL

The Long Beach School District reserves the right to test for the illegal use of drugs, alcohol, tobacco, including any combination of the following:

Alcohol	Opiates	Methaqualone
Tobacco	Phencyclidine	Propoxyphene
Amphetamines	Barbiturates	Oxycontin
Cocaine	Benzodiazepines	Methadone
Marijuana	Lysergic Acid diethylamide (LSD)

“Drugs” means any substance, including alcohol and tobacco, having psychological and/or physiological effects on a human being, including controlled substance analogs or volatile substances which produce the psychological and/or physiological effects through deliberate inhalation.

REVISED 10-8-03

BACK

DRUG USE/ALCOHOL - CURRICULUM

JCBJA

The Board of Education, in recognizing the potential for increased use of alcohol and drugs by students, approves the administrative inclusion of information in the school curriculum which will make students aware of the physical and psychological dangers incurred through the improper use of alcohol and drugs.

The administration has authorization to make arrangements to cooperate with the local, state, and federal agencies in the detection, prevention, and prosecution of any and all possible violations.

BACK

TRANSFER OF CONFISCATED DRUGS

JCBJB

When drugs or suspected drugs and/or related paraphernalia are found on any person on school property, the principal will immediately notify the police. All confiscated materials will be secured in a sealed envelope marked for identification purposes and immediately surrendered to the responding officer. A written record of the date and manner of transfer must be retained in the principal's office with a copy of the written record sent to the Superintendent of Schools.

BACK

POSSESSION OR USE OF TOBACCO

JCBK

District policies prohibiting possession or use of tobacco are adopted by the School Board and published annually in student handbooks as official policy statements of the School District.

Also see EBAB.

BACK

FIREWORKS

JCBN

Fireworks of any kind are strictly forbidden on the school campus, in the school buildings, or near the campus. Failure to comply may result in suspension.

BACK

ALTERNATIVE SCHOOL PROGRAM/GED

Revised 4-9-07 JCD

AUTHORIZATION

The Long Beach School District may provide an alternative educational opportunity under the authority of the Mississippi Code, 1972 Section 37-19-22, 43-21-621 and 37-13-91.

FINANCE

The alternative school shall operate on a fiscal year from July 1 through June 30.

CRITERIA FOR ASSIGNMENT TO ALTERNATIVE SCHOOL

The Alternative School will provide educational opportunities for the diploma bound student as well as the disabled student who is unable to respond appropriately to regular education. The goal of the Alternative School shall be to assist the student to achieve successful learning experiences and modified social behavior that will entitle him/her to return to and reenter his/her home school in order to graduate.

Students considered eligible for the alternative school program shall include, but not be limited to, those exhibiting the following actions:

1. Possession, use or distribution of drugs or alcohol during school or school sponsored events.

2. Threatening or physically harming any faculty or staff member.

3. Any student that is a danger to himself/herself or others.

4. Inappropriate touching/sexual misconduct.

5. Other chronic or continual discipline problems.

PRACTICES AND PROCEDURES FOR ALTERNATIVE STUDENT ASSIGNMENT/REASSIGNMENT

The district shall observe the following procedures and practices for assigning students to the Alternative School:

1. DISABLED STUDENTS:

(a) Both Certificate and Diploma Track disabled students shall be eligible to be served by the Alternative School

(b) The home school is responsible for the disabled students if removal from the Alternative School becomes necessary or upon successful completion of Individualized Education Plan (IEP) goals determined appropriate for the student’s return to the home school program.

(c) Periodic and appropriate reevaluation of the disabled student assigned to the Alternative School is the responsibility of the home school. Copies of all records will be maintained by the home school.

(d) REFERRAL DECISION: Through behavioral referrals, specific interventions, and other appropriate processes, school principals shall become aware of disabled students who may be eligible candidates for assignment to the Alternative School. The home school principal will have the choice of recommending placement directly to the Alternative School or requesting a district review by the Superintendent or his designee before a final assignment is made. No placement decision will be made without following proper Special Education procedures as required by law.

(e) SPED PROCESS: After a decision has been made to refer the student to the Alternative School, the home school principal/SPED director must convene a collaborative IEP meetings as required in making SPED program changes. After giving proper WRITTEN PRIOR NOTICE, a collaborative IEP Committee (composed of parent, home school IEP teacher, home school agency representative(s), and the Alternative School agency representative(s)) will conduct a review of the student’s individualized educational program (IEP) to determine appropriateness of placement. At this collaborative meeting the following procedures will be followed:

1. Due process will be given to the student and will be documented.

2. Those present will affix their signatures to appropriate documents, thus confirming that the meeting took place.

3. All required components of the IEP will be satisfactorily addressed.

(f) At the end of each Alternative School term, each assigned disabled student’s academic and behavioral progress toward achieving IEP goals will be reviewed and revised as appropriate. Upon the student’s achievement of his/her IEP goals or other circumstances which warrant removal of the disabled student from the Alternative School, the Alternative School will call the home school requesting a collaborative IEP meeting for the purpose of deciding whether or not to return the disabled student to his/her home school.

2. HOME SCHOOL ENROLLMENT: Before a student can be assigned to the Alternative School, he/she must have been enrolled in a school within the district for a sufficient time to allow the application of appropriate interventions. The exceptions to this procedure are (1) students who engage in extremely violent behavior so clearly prohibited that expulsion may be imminent or (2) whose record immediately commends their assignment to the Alternative School.

3. ASSIGNMENT PROCEDURES: Through behavioral referrals, specific interventions, and other appropriate processes, school principals shall become aware of students who may be eligible candidates for assignment to the Alternative School. The principal of the home school, with appropriate documentation, shall make recommendation, but the Superintendent has the authority to supersede any recommendations. In the event the decision is made to assign the student to the Alternative School, the student and/or his/her parents/guardians must be apprised of their right to appeal the decision first to the Superintendent and, if necessary, to the Board for a final disposition. Such appeals will be addressed as expeditiously as possible.

4. REFERRAL PROCESS: The principal or program administrator of the alternative school shall require verification from the principal of any such student referred to the alternative school program regarding the suitability of such student for attendance at the alternative school. Before a student may be removed to an alternative school education program, the superintendent or his designee must determine:

(a) That the student’s presence in the regular classroom program presents a danger of physical harm to the student or to other individuals; or

(b) That the student has engaged in serious or persistent misbehavior that violates the district’s previously communicated standards of student conduct.

A referral packet shall be provided the Alternative School. This packet will include: cumulative inner sheet, attendance records, discipline records, current and prior grades, medical history, objective checklist of mastered objectives, and other appropriate information.

5. SCHOOL CONTACT PERSON: A liaison staff member or school administrator at each school site from which students are assigned to the Alternative School shall be identified as the referral process contact person between the assigning school and the Alternative School. This person will also serve as a contact person to facilitate transition of the student from the Alternative School back to the home school.

6. EXTREME CASE STUDENTS: Students whose offense includes extreme violence or weapons violations or other unlawful acts shall be recommended for expulsion.

7. PARTICIPATION IN EXTRA-CURRICULAR ACTIVITIES: Students assigned to an alternative education setting will not be allowed to participate in the regular school program’s extra curricular activities or attend any or all school functions on or off the campus.

Students who successfully complete graduation requirements while in the alternative education setting may participate in graduation if they are in good standing in this setting and they receive the recommendation of their supervising administrator.

CRITERIA FOR ALTERNATIVE ED STUDENTS TO RETURN TO HOME SCHOOL

Inasmuch as state accreditation standards require that districts have a policy designed to enable students assigned to Alternative School to earn eligibility to return to their home school, the following requirements and procedures are established:

1. ENROLLED PARTICIPATION: Students must be enrolled for a minimum of forty-five (45) days before they can be considered for eligibility to return to their home school. Exception: By special order of the Long Beach School Board, the return can be implemented in fewer than forty-five (45) days of enrollment participation.

2. ACADEMIC IMPROVEMENT: The student must show signs of academic improvement as evidenced by effectively completing his/her individual instructional plan for each subject area and such other standards as required by the Alternative School program to demonstrate successful educational progress.

3. REINSTATEMENT TO LONG BEACH HIGH/MIDDLE SCHOOL: Based on appropriate screening processes being utilized by the Alternative School staff, such terms to include specifications as provided from the Long Beach School District, the School Board will accept for reinstatement into regular school placement within the district such students as may be determined to be eligible to be returned to regular education programs in Long Beach School District. If such students are disabled, a collaborative IEP meeting will be held to determine if the disabled student is eligible to be returned to regular education programs in Long Beach School District.

4. IMPERMISSIBLE BEHAVIOR: When an assigned student repeatedly misbehaves to create disruption of learning for himself and/or others or becomes a danger to himself and/or others and fails to respond positively to reasonable efforts to correct such behaviors, the student may be permanently removed from the Alternative School, including possible expulsion, or other disciplinary action that the school administration and/or the school may impose.

5. PARENTAL INVOLVEMENT: To help facilitate positive changes in assigned students, parents/guardians shall be required to attend the enrollment conference of the assigned student. The parents/guardians of the assigned student will be required to meet all rules and/or requirements of the governing body of the Alternative School.

6. ASSESSMENT FOR ELIGIBILITY TO RETURN: The Alternative School staff will provide the home school with an assessment of each student’s progress, including his/her progress in meeting eligibility standards for return to the home school. These data shall form the primary basis for recommending to the home school the return of students who become eligible to return to the regular school program.

RULES AND PROCEDURES

The Long Beach School District Board of Trustees shall determine all social and procedural rules for the Alternative School site. The following rules include but are not limited to those Alternative School staff will require of all students:

1. TRANSPORTATION: Students will be expected to ride buses to the school site or be dropped off by their parents if private transportation is used. No student will be permitted to park his/her automobile on campus.

2. REGISTRATION: Parents or guardians must accompany the student and must participate in conferences and other aspects of initial enrollment of the student at the Alternative School site before the student will be allowed to attend classes.

3. The Alternative School will issue a handbook, following approval by the Long Beach School District Board of Trustees, which will detail such matters as dress code, student conduct, disciplinary processes, articles prohibited, care of classrooms and buildings by student, medical procedures, safety procedures and practices, and such other rules and procedures deemed appropriate for the efficient and effective functioning of the school in a manner that will best serve the needs of its constituents.

Also see IFB, IDDIA.

See IDDI and IDDIA.

GED PROGRAM

Standard 29 is as follows: The school district provides an alternative education and/or GED program for the categories of students identified in MS Code 37-13-92, and the program meets the guidelines established by the State Board of Education. (See Guidelines for Alternative/GED School Programs.)

This school district may provide a program of GED preparatory instruction as part of the Alternative School Program. The GED program shall be administered in accord with Senate Bill 2855 (1997) and with State Board Policy IDDI-2 – Alternative Programs.

As mandated by Senate Bill 2855 the following shall apply:

1. Students enrolled in an approved GED Program shall not be classified as dropouts and the school district shall continue to receive funding for the students while they are enrolled in the GED Program.

2. Students placed in the GED Program shall not be eligible to participate in regular academic courses or other programmatic activities within the school district, including athletics, choir, band, or any other extracurricular activities; except that a GED student may participate in existing job and skill development programs or in programs developed in conjunction with the GED Program and the Vocational Education Director.

3. The school district is authorized to contract with a Community College for the purpose of preparing students for the GED testing process.

4. Should this district contract with a Community College to provide a GED Program, students placed in the program will be reported on the school district's monthly attendance report and counted in the average daily attendance for funding purposes.

The GED Program shall meet the "Minimum Guidelines for Implementing a GED Program in Mississippi School Districts" specified in State Board Policy IDDI-2.

LEGAL REF.: Senate Bill 2855 (1997 Legislative Session)

State Board Policy IDDI-2

CROSS REF.: Policies IB – Instructional Goals

IFB – Alternative School – Special Education

REVISED 5-9-03

BACK

DRESS CODE

JCE

District policies governing dress code/personal grooming are adopted by the School Board and published annually in student handbooks as official policy statements of the School District.

BACK

BOOK BAGS

JCEA

The school district annually publishes in student handbooks the policy governing book bags as an official policy statement of the school district.

See Standard 23.11, Mississippi Public School Accountability Standards.

BACK

STUDENT DISCIPLINE – SCHOOL SAFETY ACT – DISCIPLINE PLAN

This School Board shall adopt and make available to all teachers, school personnel, students and

parents or guardians, at the beginning of the 1992-93 school year and each school year

thereafter, a code of student conduct developed in consultation with teachers, school personnel,

students and parents or guardians. The code shall be based on the rules governing student

conduct and discipline adopted by this School Board and may be made available at the school

level in the student handbook or similar publication. The code shall include, but not be limited

to:

a. Specific grounds for disciplinary action;

b. Procedures to be followed for acts requiring discipline; and

c. An explanation of the responsibilities and rights of students with regard to attendance,

respect for persons and property, knowledge and observation of rules of conduct, the right

to learn, free speech and student publications, assembly, privacy and participation in school

programs and activities. §37-11-55 (1991)

Except in the case of excessive force or cruel and unusual punishment, a teacher, principal or assistant principal shall not be civilly or criminally liable for any action carried out in conformity with state or federal law or rules or regulations of the State Board of Education or the local School Board regarding the control, discipline, suspension and expulsion of students. The local School Board shall provide any necessary legal defense to a teacher, principal or assistant principal in any action which may be filed against such school personnel.

In conformance with the Mississippi School Safety Act of 2001 (Section 37-11-53, MS Code of

1972, amended), the following requirements shall be met by this school district:

(1) A copy of the school district’s discipline plan shall be distributed to each student enrolled in the district, and the parents, guardian, or custodian of such student shall sign a statement verifying that they have been given notice of the discipline policies of the district. The School Board shall have its official discipline and code of student conduct legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions. As part of the first legal audit occurring after July 1, 2001, the provisions of Section 37-11-55 and Section 6 of Senate Bill No. 2239, 2001 Regular Session, shall be fully incorporated into the school district’s discipline plan and code of student conduct.

(2) The discipline plan of the schools of this district shall include, but not be limited to, the following: (a) a parent, guardian or custodian of a compulsory-school-age child enrolled in the school district shall be responsible financially for his/her minor child’s destructive acts against school property or persons; (b) a parent, guardian or custodian of a compulsory-school-age child enrolled in the district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in (a) above or for any other discipline conference regarding the acts of the child; (c) any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in (b) above may be summoned by proper notification by the Superintendent of Schools or the school attendance officer and be required to attend such discipline conferences; and (d) a parent, guardian or custodian of a compulsory-school-age child enrolled in the district shall be responsible for any criminal fines brought against such student for unlawful activity occurring on school grounds or buses.

(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which such parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred-Fifty Dollars ($250.00).

(4) The School District shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years who maliciously and willfully damages or destroys property belonging to the school district. However, this section shall not apply to parents whose parental control of such child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which such minor or other person would otherwise be liable.

(5) The school district’s discipline plan may provide that as an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student’s teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.

The Mississippi School Safety Act shall take effect and be in force from and after July 1, 2001.

Ref: Sections 37-3-81; 37-3—83, 37-11-54;; 37-11-55; 37-11—53, MS CODE of 1972, amended. Also see JCB.

CORPORAL PUNISHMENT

Corporal punishment administered in a reasonable manner by a teacher, principal or assistant principal acting within the scope of his/her employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the local School Board does not constitute assault, simple assault, aggravated assault, battery, negligence or child abuse.

No teacher, principal or assistant principal so acting shall be named as an individual defendant or be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, unless the court determines that the teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety.

“Corporal punishment” means the reasonable use of physical contact by a teacher, principal or assistant principal as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students. Corporal punishment in the form of paddling shall be witnessed at all times by at least one (1) school employee, and all other acts of corporal punishment, as defined herein, shall be witnessed at all times, if possible, by a school employee. §37-11-57 (1997)

Also see JCA, JDB, ECBA.

STUDENT DISCIPLINE POLICY

The School Safety Act of 2001 is cumulative and in addition to the school district's existing authority regarding discipline of students. Pursuant to the Act, the school district has adopted policies and procedures that recognize the teacher as the authority in classroom matters regarding the school district's written discipline code of conduct.

In the event the teacher removes a student who, in the professional judgment of the teacher, is disrupting the learning environment, and the removal is approved by the Principal or Assistant Principal, the student may not be returned to the classroom until a conference has been held with the student's parent, guardian or custodian. During the conference, the disruptive behavior will be discussed and agreements reached that no further disruption will be tolerated. The conference may be in person, by telephone, by e-mail, or by other written communication.

Among other provisions, this act provides that a student 13 years of age or older may be subject to automatic expulsion on the third occurrence of habitually disruptive behavior during a school year. (Students under age 13 may be subject to expulsion for such conduct pursuant to other school policies and procedures.)

The term "disruptive behavior" means conduct of a student that is so unruly, disruptive or abusive that it seriously interferes with a school teacher's or school administrator's ability to communicate with the students in a classroom, with a student's ability to learn, or with the operation of a school or school-related activity and which is not covered by other laws related to violence or possession of weapons or controlled substances on school property, school vehicles or at school-related activities. Such behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive language or action toward teachers or other school employees; defiance, ridicule or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher.

The term "habitually disruptive" refers to such actions of a student which cause disruption in a classroom, on school property or vehicles, or at a school-related activity on more than two occasions during a school year, and to disruptive behavior that was initiated, willful and overt on the part of the student and which required the attention of school personnel to deal with the disruption.

After the second instance of behavior that is determined by the principal or designated administrator to have seriously interfered with the school environment, the parents/guardians will be contacted to help develop a behavior modification plan for the student.

See Policy JCB – Conduct – Disruptive Behavior.

1. A parent, guardian or custodian of a compulsory-school-age child enrolled in the school district shall be responsible financially for his or her minor child's destructive acts against school property or persons.

2. A parent, guardian or custodian of a compulsory-school-age child enrolled in the school district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in Paragraph 1 of this subsection, or for any other discipline conference regarding the acts of the child.

3. Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in Paragraph 2 of this section may be summoned by proper notification by the Superintendent of Schools or the school attendance officer and be required to attend such discipline conference.

4. A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against such student for unlawful activity occurring on school grounds or buses.

5. As an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.

BACK

DETENTION OF STUDENTS

JDC

Detention Program

A detention program has been established for middle school and senior high students who misbehave or who violate the school district’s discipline or behavioral policies and procedures. All detention shall be handled according to the individual school handbook.

BACK

SUSPENSION/EXPULSION

JDD/JDE

When unacceptable behavior cannot be corrected by the resources of the teacher or school administration, the board hereby authorizes the school principal or his/her designee to suspend any student for violation of any published rule or regulation or for any other act of misconduct or insubordination as a final effort to influence the student's future behavior.

DEFINITIONS

"Suspension" is the denial of the privilege of attending school in the district imposed after due process upon any student of the district at the direction of the principal of the school in which the student is enrolled. A suspended student may return to school following the expiration of the suspension period without application for readmission but may be required to be accompanied, on return to school, by a parent, legal guardian or custodian.

A "suspension" includes the denial of the privilege of participating in or attending any school-related activity for the period of the suspension. Further, suspended students shall not trespass upon any other school campus or enter into any other school building except for a pre-arranged conference with a principal.

AUTHORITY TO SUSPEND

As provided by statute, the superintendent has the power, authority and duty to delegate student disciplinary matters to appropriate school personnel. §37-9-14 (r)

MISCELLANEOUS PROVISIONS

A. A principal or assistant principal has the right to amend or rescind any suspension which has been issued.

B. Students, while on suspension, are not allowed to participate in any of the "Defined Privileges" as listed under the Discipline Ladder.

C. Authority is herewith delegated to the superintendent to promulgate rules and regulations for student conduct.

D. The hearing provided for herein is informal in nature and procedure and the hearing officer is not bound to strictly adhere to formal rules of evidence.

A non-compulsory school age student may be suspended for the remainder of the year in accordance with state law, the school district policy handbook, bulletins or memorandums from the office of the Superintendent, the student handbook published for schools, and other appropriate official school directives.

A. The principal or assistant principal may, on the basis of an informal hearing, suspend a student for up to ten (10) consecutive school days, known as Short Term suspension. The principal or assistant principal is to contact the parent(s) or legal guardian(s) to come to school for a conference. There is no appeal procedure except to the principal of the school responsible for suspending the student for ten (10) or less consecutive school days.

B. The principal or assistant principal may suspend a non-compulsory school age student for a period exceeding ten (10) consecutive school days or for the remainder of the school year, known as Long Term Suspension.

Coincident with such suspension, the student will be given a "Notice of Suspension and Statement of Rights Thereunder." This will give notice of the right to a hearing. It will also contain a statement of the charges, basis for the charges and a notice that the parent or guardian has five (5) days from notification to request a hearing before a hearing officer. The student will be advised of his/her right to legal counsel and all other rights to which he/she is entitled. A copy of the notice will be hand delivered to the student when possible, and the original will be mailed certified receipt requested to the parents or legal guardians unless delivery is made in person or the parent/guardian comes to the school for a conference. If no request for a hearing is received, the decision of the principal is final. If the student, his parent(s), legal guardian(s), or attorney requests additional time, the student will remain out of school until the hearing occurs. School officials may exercise this same option with consent of student, parent, legal guardian or their attorney.

C. A compulsory school age student may not be suspended for more than ten (1) consecutive school days (except for students expelled for possession of a weapon or other felonious conduct). (Ref. Section 7-13-92 Miss Code Ann. Supp. 1997) (See JBA – Compulsory School Attendance.)

BOARD AUTHORITY

As provided by statute, this School Board has the power, authority and duty:

1. To suspend or to expel a pupil or to change the placement of a pupil to the school district's alternative school or homebound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at school-related activity or event when such conduct by a pupil, in the determination of the school superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, and to delegate such authority to the appropriate officials of the school district. §37-7-301 (e) (2000)

2. To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school. §37-7-301 (g) (2000)

DISRUPTION TO THE EDUCATIONAL PROCESS

The board may, upon request of the parent, legal guardian or custodian of a suspended student, review a student's suspension. Requests for review must be made in accordance with board procedure, Policy JCAA.

NOTICE

The student handbooks shall include specific grounds for disciplinary action and procedures to be followed for acts requiring discipline. Students and legal guardians shall be required to provide the school with a written statement verifying that they have received notice of the discipline plan, in accordance with Policy JD and JDA. In all cases of suspension the parent, legal guardian, or custodian shall be notified in writing within 24 hours of such suspension, giving the reason therefor. If a student is to be sent home during normal school hours, a parent or guardian shall be notified before the student is dismissed. No student shall be sent home during normal school hours unless a parent, guardian, or custodian has first been notified.

SPECIAL EDUCATION STUDENTS

As provided under Section 2 of Senate Bill 2506 (1999 Legislative Session), "Educational services for children with disabilities who have been suspended or expelled from school shall be provided based on the requirements of IDEA, applicable federal regulations and state regulations."

REPORTS

The superintendent, or his designee, shall report any student suspensions or student expulsions to the school attendance officer when they occur. §37-13-91 (6)

Principals shall make a written report of each suspension through MSIS to the superintendent and Mississippi Department of Education each grading period to include:

1. Name of student, address; name of parent or guardian.

2. Statement of the reasons for the suspension including the date, time and place.

RETURN TO SCHOOL

A conference with a parent, legal guardian or custodian must be held before a student on suspension for three (3) or more days may be readmitted to school.

NOTE: According to a 1998 Attorney General Opinion, automatic fail provision of an absences policy may not apply against legal, excused absences. Such absences policies may not be applied against absences resulting from disciplinary suspension; if absences policies are applied to truant children who are otherwise passing, the district must afford the child procedural due process. (Attorney General Opinion, Carter, 1-9-98) (#183) (97-0817)

LEGAL REF.: MS CODE §37-7-301 (e) and (g); §37-13-91 (6) (1995);

Senate Bill 2506 (1999); Goss v. Lopez, 419 U.S. 565 (1975)

CROSS REF.: Policies JCAA – Due Process

JDA – Discipline Plan

JDE – Expulsion

DUE PROCESS FOR SUSPENSIONS FOR TEN DAYS OR LESS

SHORT TERM SUSPENSION

An informal immediate hearing shall be held with the student and the principal or assistant principal immediately after the student is accused of violation. No notification shall be given to the parent prior to this hearing. The student shall be notified of what he/she has been accused and the basis of that accusation. He/she shall be given the opportunity to present his/her account of the incident. With only certain exceptions, the principal or assistant principal shall bring together in one place students or others involved in the incident, so that he/she may hear differing views, if any, of persons affected by the incident.

After determining the facts under procedures outlined above, the principal may suspend a student for a period not to exceed ten (10) consecutive days without further proceedings of any kind. The action of the principal or assistant principal shall be final and there shall be no appeal therefrom.

A. The principal or assistant principal may separately interview everyone involved only if exceptional conditions exist, such as the following circumstances:

1. Cases where hostility may be resumed or danger to students may exist. When confrontation could lead to a resumption of hostilities or endanger any student, the principal will take care that he/she presents to the students separately interviewed the information otherwise received so that opportunity is afforded for response.

2. Cases between students and school officials. When a confrontation exists between a student and a teacher, assistant principal or other persons in authority, the principal or assistant principal will ascertain if other persons have knowledge of the event. These other persons should be interviewed jointly with the student who may possibly require disciplinary action.

3. Cases involving large groups. When a large group of students is involved and no meaningful exchange of information is likely, the principal may meet with smaller groups representing divergent viewpoints, or he/she may present to each small group meeting separately the information he/she has otherwise received so that opportunity is provided each divergent group to respond.

B. In case the principal or assistant principal sees a need to take immediate action, as when it is necessary to restore order and to resume the orderly discharge of normal school functions, and only then, he/she may immediately eject a disorderly student or students. The student or students sent home under these circumstances will be instructed to return the following day with or without parent or legal guardian as the principal or assistant principal may determine, whereupon action will be taken.

Also see JDE – Long-Term Suspension/Expulsion.

SUSPENSION/EXPULSION – PROCEDURES

The following is the procedure which will be followed by the Board of Trustees and the administrative teaching personnel of the Long Beach School District in connection with, and prior to, suspension or expulsion of a student.

Suspension (10 Days or Less)

1. The principal of any attendance center may suspend a student up to ten (10) days for misconduct in the school, upon the school bus, on the road to and from school, during recess, or upon the school playground, which suspension shall be immediate if the student’s conduct disrupts the academic activity of the school, endangers students or school officials, or damages property but shall otherwise not be effective until the principal shall have notified both the student and the parents, or one of them, the student’s guardian or such person as shall stand in loco parentis with respect to such student, either verbally or in writing, of the conduct of which the student is charged and shall conduct an informal hearing, at which time the child or his parent or guardian shall have opportunity to present the child’s version of the case. However, the principal’s decision shall be final. When the child is suspended immediately for the causes set forth above, the child and the child’s parent shall be promptly notified of the reason for such suspension and an opportunity afforded by the principal for the child, the child’s parent or guardian to have an informal hearing, within the period of the suspension to present the child’s version of the incident, but if such hearing is requested, principal’s decision shall be final.

2. The aggrieved parent or guardian may request a meeting with the Superintendent to discuss the suspension. If the request is granted, the Superintendent’s decision shall be final. The school Board does not hear appeals on a suspension of ten (10) days or less.

Suspension/Expulsion (In Excess of 10 Days)

1. Expulsion is defined as any denial of school attendance which may be for a specified period of time or permanently. The power to expel a student is vested only in the Board of Trustees of the district.

2. In the event any principal determines that a student has committed infractions justifying expulsion, he/she shall send a letter recommending such expulsion to the Superintendent of Education. The letter of recommendation shall contain the name of the student, a statement of the infraction at issue, the student’s disciplinary record, and the principal’s recommendation. The principal shall mail a “Notice of Recommendation for Expulsion” to the parent or guardian of the student. Students recommended for expulsion may remain in attendance pending the School Board hearing, if in the opinion of the principal, the student’s attendance is not disruptive to the educational program of the operation of the schools.

3. After reviewing the evidence, if the Superintendent agrees with the recommendation of expulsion, he/she shall notify by registered mail, return receipt requested, the parent or guardian of the student recommended for expulsion. The Superintendent may hold, if requested, an informal hearing within 72 hours after final notice of expulsion, and following said hearing, may reinstate the child or affirm his prior decision. The parent or guardian may appeal such order of expulsion to the Board of Trustees of the district by notice in writing requesting such appeal, which shall be delivered to the Superintendent. This request must be submitted to the Superintendent within three school days of the formal notice of expulsion. The School Board shall hold the hearing within nine (9) days of the request submitted to the Superintendent. The Superintendent shall notify the parent or guardian of the exact time and location of the hearing no later than five (5) days prior to the hearing date.

4. In the event a child is charged with such misconduct as would justify expulsion in the first instance, the principal shall refer the matter to the Superintendent.

5. The Board shall have the duty to review the evidence advanced by the principal in support of his recommendation and to hear and review any rebuttal advanced by the student, parent, or guardian. Although proceedings will be conducted informally, the student and the parent or guardian have the right to:

a. Have counsel present at hearing at own expense

b. Cross-examine or otherwise pose questions to persons giving statements adverse to student

c. Offer statements by the student and parent or guardian and any other person who has information relevant to the charge advanced by the principal.

Within seventy-two (72) hours following the hearing, the Board shall vote upon the principal’s recommendation. The decision of the Board will be transmitted in writing within forty-eight (48) hours by the Superintendent of Education to the student and parent or guardian, and to the principal.

BACK

STUDENT BULLYING POLICY

Adopted 07-27-10 JDDA

The Long Beach School District does not condone and will not tolerate bullying or harassing behavior. Bullying or harassing behavior is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic that (a) places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property, or (b) creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits. A "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior. Bullying or harassing behavior will not be condoned or tolerated when it takes place on school property, at any school-sponsored function, or on a school bus, or when it takes place off school property when such conduct, in the determination of the school superintendent or principal, renders the offending person's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole.

The Long Beach School District will make every reasonable effort to ensure that no student or school employee is subjected to bullying or harassing behavior by other school employees or students. Likewise, the District will make every reasonable effort to ensure that no person engages in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior. The District encourages anyone who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior to report the incident to the appropriate school official.

The School Board directs the superintendent or designee to design and implement procedures for reporting, investigating, and addressing bullying and harassing behaviors. The procedures should be appropriately placed in District personnel policy handbooks, school handbooks that include discipline policies and procedures, and any other policy or procedure that deals with student or employee behavior. The discipline policies and procedures must recognize the fundamental right of every student to take "reasonable actions" as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing. Furthermore, the Long Beach School District defines "reasonable action" as promptly reporting the behavior to a teacher, principal, counselor, or other school employee when subjected to bullying or harassing behavior.

Ref: SB 2015; Miss. Code Ann. § 37-7-301(e)

BACK

STUDENT EXEMPTION POLICY

JFA

All students will be exempt from 9 weeks exams with a "C" (75 or above) average and no unexcused absences on a per-class basis. To earn this exemption, students must have no office referrals for discipline (including tardies), have no documented disciplinary procedures handled with the classroom and have no unexcused absences.

Seniors will be exempt from 9 weeks exams with a passing average (70 or above) and no unexcused absences on a per-class basis. To earn this exemption, students must have no office referrals for discipline (including tardies), have no documented disciplinary procedures handled with the classroom and have no unexcused absences.

REVISED 10-14-02

BACK

STUDENT HEALTH SERVICES

JGC

It shall be the policy of this district to safeguard student health and safety through an organized program of services designed to handle health and safety problems and to coordinate school and community health and safety resources.

Protection of health and safety is necessary for the fostering of teaching and learning.

For any student who has had head lice on three (3) consecutive occasions during one (1) school year, the principal shall notify the county health department of the recurring problem of head lice with that student. The student shall not be allowed to attend school until proof of treatment is obtained. §41-79-21 (See Policy JGCE.)

Sanitary conditions in the schools shall meet State Board of Health requirements.

Standard 13 is as follows: The school district complies with state law and State Board of Education policy on residency requirements {MS Code 37-15-29 and SB Policy JBCA}, immunization requirements {MS Code 37-7-301 (i), 37-15-1, and 41-23-37}, and entry requirements. {MS Code 37-15-9}

LEGAL REF.: MS CODE as cited

Mississippi Public School Accountability Standards (2001)

CROSS REF.: Policies JGCC – Communicable Diseases

JGCD – Student Health Services – Medicines

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HEALTH SERVICES – PHYSICAL EXAMINATIONS – HEARING/VISION SCREENINGS

JGCA

It is the policy of this Board that students engaging in competitive sports must have a physical examination each year prior to the opening of the sports season. School authorities should receive and have on file a copy of each examination report.

It shall be the policy of this district at the discretion of school personnel to conduct hearing and/or vision screening on any student who has not been successful in the regular education program. This screening will be conducted without written parental consent as a means of determining whether hearing and/or vision problems are hindering student progress. Parents shall be notified if the student fails hearing and/or vision screening.

Also see IDDFE.

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IMMUNIZATIONS AND VACCINATIONS – COMPLIANCE

JGCB/JGCC

This School Board has the power, authority and duty to require those vaccinations specified by the state health officer as provided in Section 41-23-37. §37-7-301 (i).

Immunizations and Vaccinations

Mississippi law requires that every student in grades K-12 have on file with the school one of the following before the student can be allowed to attend school even for one day:

A. A Certificate of Compliance (MSDH form);

B. An unexpired time-limited Temporary Compliance Form (MSDH form); or

C. A combination of one of these with a Certificate of Medical Exemption (MSDH form).

The Certificate of Compliance is necessary for the enrollment of all students, grades K-12. Students who previously had Certificates of Compliance in grades 2-12 in the prior year do not need new Certificates of Compliance for the current school year. Students required to have new Certificates of Compliance are the following:

A. All students enrolling in kindergarten or first grade for the first time who have not been issued a certificate previously;

B. All students enrolling in a Mississippi school for the first time;

C. All previously enrolled students with the original Certificate of Compliance marked "incomplete" and those who have a Temporary Compliance Form with an expired date.

Any student wishing to enter school without one of the above forms specified must be excluded until the proper form is obtained. The Mississippi Supreme Court has ruled that the exemption from required vaccination because of religious belief is invalid.

In regard to transfer students, the following will apply: Students wishing to enroll in school as in-state transfer students would require an appropriate compliance form within their cumulative folders. ALL SCHOOLS MUST SEND THE ORIGINAL COPY OF THE COMPLIANCE REPORT FORM IN THE CUMULATIVE FOLDER OF THE CHILD TRANSFERRING TO ANOTHER SCHOOL.

Students wishing to enroll in a Mississippi school from another state (out-of-state transfer) would present one of the three required Mississippi State Department of Health Compliance report forms noted above.

Although the Certificate of Compliance Form was revised in July, 1989, it is not necessary to replace forms from previous years with the latest revisions.

County health departments or private physicians may issue a valid Certificate of Compliance or a Temporary Compliance Form. Certificates of Medical Exemption Forms must be approved by the local county health officer or his/her designee in addition to the child's physician to be valid.

Both the Temporary Compliance Form and the Certificate of Medical Exemption for all students in school must be kept together in a separate file for ready access for compliance evaluation or outbreak control.

All Temporary Compliance Forms are time-limited and must be reviewed periodically to see that the student is in permanent compliance prior to expiration of the Temporary Compliance Form.

In instances where further information is required by the county health departments or the local health officer for the final disposition regarding immunization needs of a child seeking enrollment, a Temporary Compliance Form is given at the time of the request, provided a review of the case indicates that immediate attendance poses no apparent significant threat to the child or students or staff of the school.

A child is in compliance if he/she is enrolled with either a Temporary or a Full Certificate of Compliance on his/her first day of attendance, whether that first day is at the beginning of the school year or during the school term. The deadline for having forms on file in schools is not October or December. These are deadlines for reports only. The interval from the beginning of the school year to the filing of these Compliance Reports is not a "grace period" with regard to the obligation of the schools to have each child in compliance. This gives schools time to tabulate and complete the reports.

Both a Preliminary Compliance Report and a Final Compliance Report are required by the schools. Procedures require that the Preliminary Compliance Report be completed and sent to the immunization health program representative at the "return address" stamped on the report forms by October 1. The Final Compliance Report must be completed and returned by December 31. Forms for the Preliminary Report and instructions are available from the State Department of Education.

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COMMUNICABLE DISEASES

JGCC

This School Board has the power, authority and duty to exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such student may be allowed to return to school upon presenting a certificate from a public health officer duly licensed physician or nurse practitioner that the student is free from such disease. §37-7-301(h) (1996)

EDUCATING STUDENTS WITH CHRONIC INFECTIOUS DISEASES POLICY

The following shall be the policy of this school district for educating students known to have a chronic infectious disease (persistent illness in the carrier state as compared to an acute short-term self-limiting illness) such as, but not limited to hepatitis B, herpes simplex, AIDS/ARC or cytomegalovirus.

1. A student with a chronic infectious disease shall be removed from the classroom temporarily and until the district’s medical advisor in consultation with the student’s physician determines whether the student’s presence in the school poses a risk of transmission of such chronic infectious disease to others.

2. Should it be determined by the school’s medical advisor that attendance poses no threat, the student shall be allowed to resume attendance at school subject to whatever restrictions or limitations, if any, that the school’s medical advisor shall recommend. The student’s school attendance shall be reviewed by the school’s medical advisor in consultation with the student’s physician at least once every month to determine if continued school attendance poses any risk of transmission of such chronic infectious disease to others.

3. Should it be determined by the school’s medical advisor that attendance at school poses a risk of transmission of such chronic infectious disease to others, an appropriate alternative education program shall be established for that student which shall continue until the district’s medical adviser determines that the risk of transmission to others has abated and normal school attendance can resume.

4. The decision of the district’s medical advisor shall be final.

Exclusion From School

The law provides the school district with the power to exclude from school any student suffering from contagious or infectious diseases. Each staff member has the responsibility to observe students and notify the principal of any student suspected of having an infectious or contagious disease.

A student who is absent from school as a result of contagious or infectious diseases shall be excluded from attending school as indicated below (or after clearance by physician):

Disease Exclusion From School

Chicken Pox Eight (8) days after eruption appears (until rash is dry)

German Measles Four (4) days after onset of rash; clearance by physician

Red Measles Seven (7) to ten (10) days after onset of rash; clearance by physician

Mumps Nine (9) days after glands swell (until swelling has subsided)

Scarlet Fever One (1) day (with antibiotic treatment)

Four (4) days (without treatment)

Pediculosis (lice) Until treatment is confirmed

Hepatitis Clearance by physician

Conjunctivitis (pinkeye) Until under proper treatment

Impetigo Until under proper treatment – oral antibiotic therapy is started

Ringworm Until under proper treatment – topical antifungals for lesions anywhere except scalp. Ringworm of the scalp does not respond to over-the counter medicines. The student must see his/her physician for oral antifungal therapy. Student may return to school as soon as treatment by doctor is started.

Scabies Until under proper treatment

Strep Throat May return to class 24 hours after treatment by physician if free of fever

NOTE: The principal may require a written note from the student's family doctor or public health department for a student returning to school after having a communicable or infectious disease.

IMPORTANT NOTICE

Universal Precautions: Employees will use this method of infection control in which all human blood and other potentially infectious materials are treated as if known to be infectious.

All staff shall use the following routine and standard procedure to clean up after a student has an accident or injury at school.

1. Blood or body fluids emanating from ANY student, including ones known to have a chronic infectious disease, shall be treated cautiously.

2. Rubber gloves shall be worn when cleaning up blood spills. These spills shall be disinfected with a solution of bleach and water (1 part bleach to 7 parts water) and persons coming in contact with them shall wash their hands immediately.

3. Blood soaked items shall be placed in leakproof bags for washing or further disposition.

4. The same procedures shall be used for dealing with the vomit and bodily waste of ANY student.

5. Handwashing immediately after contact with a student is routinely recommended if physical contact has been made with the student’s blood or bodily fluids, including saliva.

The school district shall provide gloves and other appropriate materials for use by the staff for compliance with this policy.

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STUDENT HEALTH SERVICES – MEDICINES

JGCD

School personnel may not exceed the practice of first aid in dealing with student injuries and sickness, and only qualified personnel shall administer first aid to students.

When a doctor must prescribe a medication, the parent should arrange with the physician for the student to receive the medication at times other than during school hours. The preference of the Long Beach School District is to never administer a prescription medication to a student; but we understand that at times there are extreme cases that justify school personnel’s dispensing prescription medicine. A medication shall be provided or administered to a student by the school nurse or school personnel ONLY with the written request and consent of the student’s parent/custodian/legal guardian.

The Long Beach School District recognizes that there are rare occasions when a student “must” have a form of inhaler or other medication for urgent use. The Superintendent or designee may approve a student’s maintaining, on his/her person, medication for such urgent use. Full adherence to Policy JGCDA is required prior to the Superintendent’s approval of such cases.

CROSS REF.: Policy JGCDA – Administration of Prescription Medicine

BACK

ADMINISTRATION OF PRESCRIPTION MEDICINE

JGCDA

Administration of Prescription Medicine

School personnel will not administer prescription medicine to a student unless the student’s physician authorizes school personnel where school nurse is not available to administer the medicine. The parents/guardians are responsible for obtaining a statement from the physician authorizing school personnel to administer the medicine where school nurse is not available. The statement should include:

1. Student’s name

2. Diagnosis

3. Name of Medicine

4. Method of administration

5. Time/s to administer the medicine

6. Amount of medicine

7. Date to discontinue or review administration of medicine

8. Physician’s signature

9. Date

The parents/guardians are responsible for getting the medicine to the school. All medicine must be in a proper container with a label from the pharmacy which states the following:

1. Student’s name

2. Name of medicine

3. Method of administration

4. Time/s to administer the medicine

5. Prescription number

6. Name of pharmacy

7. Date filled

A written log must be maintained of all medications administered to students and shall contain a minimum:

1. Student’s name

2. Name of medicine

3. School personnel administering the medication

4. Time

5. Date

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HEAD LICE

JGCE

When it is determined by examination that a student has head lice and/or nits, Long Beach School District principals will exclude from school and refer for treatment, any student with known infestation of head lice. A letter will be sent to notify the student’s parent/guardian that the student must receive proper treatment before the student may return to school. The treatment must be an approved medical treatment and not a home remedy.

The students will be allowed to return to school on the following conditions:

a) When the parent/guardian provides evidence of treatment, such as an empty container of the appropriate product with the label intact;

b) A copy of the notification letter with a parent/guardian signature to verify receipt;

c) No live lice shall be visible on examination by school staff, i.e., school nurse, principal, or principal’s designee. Nits may still be seen even in an adequately treated child. This is not evidence of continuing infestation if the child has been properly treated and no adult lice are present.

Important: A second treatment shall be completed within the seven (7) to ten (10) days following the first treatment: no sooner than seven (7) days, no later than ten (10) days. The parent/guardian shall be required to furnish evidence of a second treatment.

If a student is found to have head lice on three (3) occasions during one (1) school year as determined by the school nurse, public health nurse, or physician, the principal or administrator will notify the county health department of the recurring problem. An approved form will be used to refer the student to the health department. The health department will be notified that the student is to be expected. The parent/guardian will take the completed form and the student to the health department. The school nurse will follow up with the health department and the parent for release to return to school.

Also see Policy JGC.

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UNSAFE SCHOOL CHOICE OPTION

Revised 01-14-08 JGF-1

STATE BOARD POLICY

(This policy addresses Certification of Compliance with Unsafe School Choice Option Requirements as required in the Consolidated Plan for No Child Left Behind)

The following definitions apply to this policy:

A "persistently dangerous school" is a public school other than a charter school in which the conditions during the past two school years continually exposed its students to injury from violent criminal offenses and it is:

(i)	an elementary, middle or secondary public school in which a total of 20 or more violent criminal offenses were committed per 1000 students (2.0 or more per 100 students) in two consecutive school years; or
(ii)	an elementary, middle or secondary public alternative school in which a total of 75 or more violent criminal offenses were committed per 1000 (7.5 or more per 100 students) in two consecutive school years; and

b.	"Violent criminal offenses" are the following crimes reported in the Mississippi Student Information System:

Simple or Aggravated Assault as defined in Section 97-3-7 of the Mississippi Code Annotated 1972, as amended,

Homicide as defined in Sections 97-3-19, 97-3-27, 97-3-29, 97-3-31, 97-3-35, 97-3-37, and 97-3-47 of the Mississippi Code Annotated 1972, as amended,

Kidnapping as defined in Section 97-3-53 of the Mississippi Code Annotated 1972, as amended,

Rape as defined in Sections 97-3-65 and 97-3-71 of the Mississippi Code Annotated 1972, as amended,

Robbery as defined in Sections 97-3-73, 97-3-77 and 97-3-79 of the Mississippi Code Annotated 1972, as amended,

Sexual Battery as defined in Section 97-3-95 of the Mississippi Code Annotated 1972, as amended,

Mayhem as defined in Section 97-3-59 of the Mississippi Code Annotated 1972, as amended,

Poisoning as defined in Section 97-3-61 of the Mississippi Code Annotated 1972, as amended,

Extortion as defined in Section 97-3-82 of the Mississippi Code Annotated 1972, as amended,

Stalking as defined in Section 97-3-107 of the Mississippi Code Annotated 1972, as amended, and

Seizure and Forfeiture of Firearms as defined in Section 97-3-110 of the Mississippi Code Annotated 1972, as amended.

2.	Whenever the State Board of Education has information that a school meets the criteria described in paragraph 1.a (i) or 1.a (ii), the State Board of Education shall provide the local board of education the opportunity to report on conditions in the school. After consideration of that report and consultation with a representative sample of local educational agencies, the State Board of Education shall determine whether the school is a persistently dangerous school. Once a school has been designated a persistently dangerous school, it retains that designation for at least one school year.

3.	Students assigned to a school which the State Board of Education has determined to be persistently dangerous shall be allowed to attend another school in the LEA which is not designated a persistently dangerous school, provided there is such a school in the LEA which offers instruction at the student's grade level.

4.	Any student who is the victim of a violent criminal offense committed against him or her while he or she was in or on the grounds of the public school that he or she attends shall be allowed to choose to attend another school in the LEA which is not designated a persistently dangerous school, provided there is such a school in the LEA which offers instruction at the student's grade level and provided the student requests transfer within 30 days of the violent criminal offense.

5.	Local school systems shall establish a process for assuring any student who has the right to transfer from a school under this policy is allowed to transfer to a school in the LEA, which is not persistently dangerous. The process must be included in the system's Safe School Plan.
	If the Mississippi Department of Education (MDE) informs the Long Beach School District that a school within the district has been identified as a persistently dangerous school according to MDE guidelines, the Long Beach School District will implement the following actions: 1) Notify within 10 calendar days, parents of each student attending the school that MDE has identified the school as persistently dangerous; 2) Offer students the opportunity to transfer to a safe public school, within the Long Beach School District, 14 calendar days prior to the opening of school; a. The receiving school will be determined by the school district; b. Transfers are limited to another Long Beach Public School and depend on space available; c. Transportation by the district may be provided but is not required; d. Transfer will remain in effect as long as the original school is identified as persistently dangerous. The transfer may be temporary or permanent at the discretion of the school district. 3) For those students who accept the transfer offer, complete the transfer within 20 calendar days. 4) Develop a corrective action plan within 20 calendar days of notification; and 5) Implement the plan in a timely manner. 6) If a student becomes a victim of a violent criminal offense (as defined by MDE) while in, or on school grounds that the student attends, the Long Beach School District will offer to transfer the student to a safe school as outlined in section 2 within 14 days. Upon completion of corrective action, the district will apply to MDE to remove the school from the list of persistently dangerous schools.
6.	The LEA shall report each student transfer effected pursuant to this policy to the State Board of Education in the Mississippi Student Information System.

NO CHILD LEFT BEHIND (NCLB) - TITLE IX, SEC. 9532.
UNSAFE SCHOOL CHOICE OPTION

(a)	UNSAFE SCHOOL CHOICE POLICY - Each State receiving funds under this Act shall establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary or secondary school within the local educational agency, including a public charter school.

(b)	CERTIFICATION - As a condition of receiving funds under this Act, a State shall certify in writing to the Secretary that the State is in compliance with this section.

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EMERGENCY DRILLS

JGFA

Written procedures for emergency situations including fire drills, tornado drills, and disaster plans which comply with State law shall be developed and made available to students and faculty members in each school.

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SUPERVISION OF STUDENTS

JGFB

Students will be supervised by a school employee at all times the school has jurisdiction over such student.

OFF-CAMPUS STUDENT EDUCATIONAL ACTIVITY

All off-campus student educational activities require the approval of the principal. Accompanying the request for approval must be information specifying those students who are to participate in the activity and the basis for their participation. Out-of-state/stay overnight student activities require Board approval. In addition, the request must include the following:

· Specific references to the curriculum;

· Source of payment for the off-campus educational activity;

· Method of transportation;

· Beginning and ending times and dates;

· Names of school personnel to attend;

· Names of additional chaperones;

· Method of financing adult/parent participation; and

· Other pertinent information.

· Parent Consent form

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DISMISSAL PRECAUTIONS

JGFC

School personnel will assume responsibility for the student at the beginning of the school day. Dismissal of the student during the school day at other than regular dismissal times will be regulated by specific administrative guidelines.

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STUDENT AUTOMOBILE USE

JGFF

Driving on school roads and parking on school property is a courtesy offered to students and others by the School Board.

The parking facilities located at the various school district buildings are not public parking areas and are to be used for school purposes only. School purposes include attendance at school activities or other school authorized activities which occur before or after the regular school day.

Violators may be charged with trespassing and/or vehicles towed at the owner's expense.

The Administration, obtaining suggestions from the local police department, shall establish rules and regulations to assure traffic safety. The district shall not assume any responsibility for damage to vehicles.

Students shall not sit in or upon vehicles parked on the school campus.

Students shall be responsible for locking their vehicles upon arrival since the school district shall assume no responsibility for any loss.

Failure to abide by vehicle regulations may result in the loss of the right to bring a vehicle to school or other disciplinary action.

Student automobiles are subject to administrative searches.

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SCHOOL POLICY AND PROCEDURES FOR REPORTING ABUSE OR NEGLECT

JGI

In accordance with the laws of the State of Mississippi regarding child abuse, any person who has reasonable cause to suspect that child abuse or neglect is occurring shall report such information to the director of social services in the county in which the child resides. (See JCDC.)

Child abuse shall be suspected when a student shows such physical signs as bruises, scars, burns, etc., and injuries which might have resulted from being maliciously beaten and shows other indications of cruel and abusive treatment.

Child neglect exists when a child is discovered to be in any one or a combination of the following situations:

A. Abandoned

B. Poorly clothed, ill fed, ill without medical attention

C. Overworked or otherwise exploited

D. Lacking love, care, guidance, or protection

I. THE LAW

A. The Mississippi Code (1972 annotated) states: The following people are required by law to report suspected abuse or neglect:

1. Attorneys

2. Doctors

3. Dentists

4. Interns

5. Residents

6. Nurses

7. Psychologists

8. Teachers

9. Social Workers

10. School Principals

11. Child's Caregiver

12. Minister

13. Law Enforcement Officers

14. Or any other person having reasonable cause to suspect that a child has been neglected or abused.

B. Immunity

1. Civil Liability - Persons making reports are protected by law from civil liability if they act in good faith.

2. It is not necessary that one have absolute proof before reporting. It is the responsibility of the Department of Human Services to make its own investigation.

II. Procedures for Reporting Abuse or Neglect

REPORTING WITHIN THE SCHOOL SYSTEM

A. Inform the principal of findings.

B. Report by phone to the Department of Human Services (principal may make the report or staff member may call the counselor or nurse, who will make the report).

REPORTING TO SOCIAL SERVICES

A. The staff member should have this information available:

1. Name and address of child and parents or caretakers

2. Date of birth

3. Nature of child's injuries

4. Identity and address of perpetrator, if known

5. Any other information believed helpful to social worker

6. Names and DOB's of other children in the home

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STUDENT FEES

JHA

Operating on the premise that student fees should be charged only if they are absolutely necessary to enhance the educational program, the School Board authorizes each school to charge reasonable fees, but not more than the actual cost, for the following:

(A) Supplemental instructional materials and supplies, excluding textbooks;

(B) Any other fees designated by the local School Board as fees related to a valid curriculum educational objective, including transportation;

(C) Extracurricular activities and any other educational activities of the school district which are not designated by the local School Board as valid curriculum educational objectives such as band trips and athletic events.

All fees except for those in item “C” above shall be charged only in accordance with the following school district financial hardship waiver policy:

(1) Financial wavier shall be kept in strictest of confidence with all files and personal disclosures restricted from review by the general public.

(2) A pupil eligible to have such fees waived as a result of an inability to pay for said fees, shall not be discriminated against nor shall there be any overt identification of a pupil who has received a financial hardship waiver.

(3) In no case shall the inability to pay the assessment of fees result in a pupil being denied or deprived of any academic awards or standards, any class selection, grade, diploma, transcript or right to participate in any activity related to educational enhancement.

In order to request a student fee waiver a student or parent must complete a waiver of student fee form and submit it to the principal. The principal may form a special committee to consider this petition. This committee will be made up of teachers and administrators. A student’s eligibility for a fee waiver will be dependent upon the student’s family income, financial condition, extenuating circumstances, etc.

See student handbooks.

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STUDENT ACTIVITY FUND MANAGEMENT

JHB

All purchases for school purposes made by any club, individual, class, or staff member must receive prior approval through requisition approved by the principal and superintendent.

Requisitions for school purchases must be made by authorized staff members. Purchases made without prior approval of the principal and superintendent will be the personal obligation of the purchaser.

School Activity Funds

1. Meaning

"Activity Funds" shall mean all funds received by local school officials paid or collected to participate in any school activity, such activity being part of the school program and totally or partially financed with public funds or supplemented by public funds.

2. Purpose

The raising or collecting and spending of activity fund money by student bodies has one purpose only - to promote the general welfare, education and morale of all the students and to finance the normal legitimate extra-curricular activities of the student body organization.

Money derived from the student body as a whole shall be so expended as to benefit the student body as a whole, and not for the benefit of a special group. The principal/director of the school location, as trustee, is responsible for replacement of student activity money improperly spent.

3. General

Activity funds shall be spent in accordance with state law, "for any necessary expenses or travel costs, including advances, incurred by students and their chaperones in attending any in-state or out-of-state school related programs, conventions or seminars and/or any commodities, equipment, travel expenses, contractual services, or school supplies which the School Board, in its discretion, shall deem beneficial to the official or extra-curricular programs of the district."

The superintendent must determine the locations of all petty cash funds, the amount of any petty cash fund, and the designated person responsible for the fund. This determination shall be made at the beginning of each fiscal year, for that fiscal year. A report shall be completed at the time for replenishment and submitted to the central office bookkeeper for replenishment. A report should be substantiated by complete, signed vouchers supporting each petty cash expenditure. A report should be reviewed and signed by the school location principal/director before replenishment is made. Each principal/director will be personally responsible for the amount of petty cash at his/her school location.

Bank statements for each account are to be sent directly to the central office by the bank. The central office will be responsible for preparing the monthly bank reconciliations. A copy of each month's bank reconciliations will be forwarded to the individual schools for review and management purposes.

All Student Activity Fund bank accounts must be in financial institutions approved by the Board of Trustees.

4. Receipts

All activity funds received by the local school must be deposited into the student activity fund bank account, through the office of the school principal/director. The office of the school principal/director must maintain a permanent three-part receipt book, containing such information as prescribed by the state auditor's office, to record all receipts. The person transferring the money to the office of the principal/director for deposit will be given the original receipt. The second copy of the receipt will be attached to the transmittal report forwarded to the central office at the end of each month, and the third copy will be kept in the bound book and on permanent file in the principal's office. All of these prenumbered receipts must be accounted for. Receipt warrants must be signed by a person authorized by the superintendent to receipt money at the school location. For all receipts of $500 or more, the school location principal/director shall either sign the receipt warrant or affix his/her initials to the signed receipt warrant, after determining the property of the amount received.

All money must be deposited timely and intact. (See Policy DL.) Any amounts left at the school location overnight should be stored under lock and key in a safe location. Only those school district employees authorized by the superintendent to make deposits may make deposits into the account. Undeposited funds on location at the end of the school day when a deposit is not possible should be transferred to a bank lock bag and dropped in the night depository for deposit the following work day. The building administrator shall be held personally responsible for missing funds resulting from the event of theft or misplacement.

Club or activity sponsors are required to remit all monies collected to the office of the principal or director on a daily basis. In no circumstances is money to be left in classrooms or taken to the sponsor's home. (Absolutely no exceptions to this policy.)

5. Disbursement

Disbursements of activity funds are centralized and are made through the central office in the same manner as expenditure for other funds.

In accordance with Mississippi sales and use tax laws, all purchases that will be resold must have the state sales tax paid to the vendor, including out-of-state purchases. In order to avoid the requirements

for paying use taxes in Mississippi, only vendors who will collect and remit Mississippi sales tax may be used for activity fund expenditures.

6. Reporting to the Central Office

Within five (5) working days of the close of the month, the school location principal/director must deliver to the central office a transmittal of all activity fund transactions. Required items shall include:

-Cash receipts source document sheet(s) (typed)

- Copies of validated deposit slips

- Activity event receipt forms

- Transmittal cover sheet (signed by principal/director)

The transmittal information must contain the breakdown of receipts by individual activity, and it will list each deposit (by date, receipt numbers, source, account number, and amount).

Upon receipt of the transmittal information the central office staff will review the information for accuracy and completeness prior to making the entries to the accounting records. The information from the transmittal form will be used to reconcile the monthly bank statements. A copy of each month's bank reconciliation will be returned to the school for review and management purposes.

Activity fund and bank reconciliations will be reviewed and approved by the Board of Trustees. This approval will be acknowledged in the Board of Trustees' official minutes.

7. Purchasing - See policy DJE and DJEA.

8. Other Policies/Procedures

Any activity fund agency club account which becomes dormant and inactive may have its surplus, if any, transferred to another activity fund if approval is granted by the Board of Trustees.

Any event at a school where a fee is charged for admission must use prenumbered tickets and be accounted for in a manner prescribed in the financial accounting manual. This is required for any event that generates $100 or more. When separate cash boxes are used to collect money for admissions, a separate activity event receipt form should be used for each separate cash box. All such receipt forms should be forwarded to the central office as part of the monthly transmittal package.

Any arrangements between a school and a company supplying merchandise, such as school pictures, class rings and caps and gowns, must be by written contract, signed by the principal/director and the company's representative, and approved by the Board of Trustees.

The contract must include all provisions for the arrangement. Persons who purchase merchandise shall pay the company directly. Any such rebate or commission to the school will be paid by check from the company directly to the school's activity fund. Under no circumstances will a company or a purchaser make a payment directly to a principal/director.

All funds raised by a specific outside organization (such as PTA) on behalf of the school may be deposited in the activity fund and used exclusively for such school's benefit. If this money is deposited with activity funds, it will become subject to all policies of the Board of Trustees that govern student activity funds.

The term "activity funds" shall not include any funds raised and/or expended by any organization, unless deposited with existing activity funds, regardless of whether the funds were raised using school facilities. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the Board of Trustees, the organizations' function shall be deemed to be beneficial to the official extra-curricular programs for the school. For the purposes of this provision, the term "outside organization" shall not include any organization subject to the control of the Board of Trustees.

If a specific organization donates any assets to the school district/specific school location, the Board of Trustees must acknowledge in its official minutes the acceptance of the donation and the conveyance of the title of the assets. The donated assets must be added to the general fixed assets furniture and equipment inventory subsidiary ledger. The "Proposed Gift to Individual Schools" form must be completed by the school location principal/director and submitted to the appropriate central office administrator. After approval by the central office administrator and superintendent, the proposal shall be submitted to the Board of Trustees for final approval and acceptance of the proposed gift. The conveyance of the gift shall conform to the criteria set forth by the form. (Also see DFK.)

School activity funds shall be classified as either general funds or agency funds. Student club funds shall be classified as agency funds unless expenditures for general operational purposes of the school district are made directly from the club fund. In such case, the club fund would be classified as a general fund. Student club funds generally are used to account for assets held by the school district acting as an agent for a school-sponsored club.

New student club accounts may be added only upon the approval of the principal, chief fiscal officer, appropriate central office administrator, and the superintendent. Such approval must be in writing. The purpose of each student club account, the designated sponsor, and the planned activity for the account should be included in the request submitted to the principal/chief fiscal officer by the designated sponsor.

Student fees shall be collected in amounts as prescribed by the superintendent. A yearly update as to prescribed fee amounts shall be distributed to principal/appropriate administrator.

9. Deficit Spending

Club/Activity sponsors are personally responsible at the end of each school year for any purchases that create deficit balances. There is no authority given by the Board of Trustees for deficit spending by clubs. This provision applies to all agency activity accounts.

10. Fund Raising and Student Activity Travel

The superintendent shall develop rules and regulations for fund-raising activities and the approval and reimbursement of student activity travel.

11. Accounting

The accounting office will maintain separate funds for each secondary school club or activity and one general fund for each school. However, only one bank account will be used. Receipts and disbursements will be classified as to source and expenditure by function and function/object classification for each general fund. Increases and decreases in school club or activity accounts will be classified as credits and debits to the proper club/activity account.

Each school location secretary/bookkeeper shall maintain a running total of club/activity agency account cash balances. This total shall be reconciled monthly to the general ledger total cash balance for the school location's activity agency funds.

At the end of each fiscal year, all accounts and funds will be audited by the agency/firm which audits district accounts.

Also see DK.

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FUND-RAISING ACTIVITIES

JHBA/JHE/KEBB

See JKB.

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CLUBS/ORGANIZATIONS

JHC

Information about clubs available to students is published annually in student handbooks as official policy statements of the district.

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SORORITIES, FRATERNITIES, AND SECRET ORGANIZATIONS

JHCAA

It shall be unlawful for any pupil attending the public schools of this state to become a member or to belong to or participate in the activities of any high school fraternity, sorority, or secret society as defined in Section 37-11-37.

This School Board shall prohibit fraternities, sororities, or secret societies in all high schools under its jurisdiction. It shall be the duty of said School Board to suspend or expel from the schools under its control, any pupil or students who shall be or remain a member of or shall join or promise to join, or be pledged to become a member of, any public high school fraternity, sorority or secret society, as defined in Section 37-11-37.

It shall be unlawful for any person not enrolled in high school to solicit any pupil enrolled in high school, to join or pledge himself or herself to become a member of any high school fraternity, sorority, or secret society, or to solicit any pupil to attend a meeting thereof or any meeting where the joining of any such high school fraternity, sorority, or secret organization shall be encouraged.

Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and upon a conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each and every offense.

Student behavior that harasses or threatens other students or school personnel will not be tolerated. This district shall treat hazing as defined in MS Code 97-3-105 and stalking, as defined in MS Code 97-3-107, as serious offenses subject to criminal prosecution.

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STUDENT COUNCIL, OFFICERS, CLASS OFFICERS, CAMPAIGNING, COUNTING VOTES

JHCB

District policies governing election, membership, qualifications, duties, campaigning, and counting votes in regard to Student Council and Class Officers and Members are adopted by the School Board and published annually in student handbooks as official policy statements of the School District.

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STUDENT PUBLICATIONS

JHCC

Because student publications in the Long Beach Schools are centered in the instructional programs and are developed through classroom experiences, the professional staff member directing student publications shall exercise proper control over the content, development, and distribution of publications under his/her charge and shall be directly responsible to the building principal for the exercise of such control.

It is the intent of the Board of Education to support the continuing development of student learning through publications of high quality, to encourage the growth of student writers, to develop respect for the responsibilities that accompany the opportunity to prepare school publications, and to assist students in the development of their appreciation of the rights of others. The Board encourages students to exercise sound and reasonable judgment in the selection or creation of materials for publication and further recommends that articles, letters, etc., which appear to be objectionable be considered for revision to avoid problematic language, statements, or inferences without destroying the intent and point of view of the writer. Staff members shall be directly responsible to the publication advisor/sponsor; all materials prepared, selected, and edited by staff members must be submitted to the advisor/sponsor for approval or disapproval. Disagreements among staff members over matters of taste, propriety, or form will be resolved by the advisor/sponsor. Further disagreements must be submitted to the building principal for his/her decision regarding publication.

The Board specifically prohibits publication in school papers, magazines, yearbooks, and other school-sponsored publications of any item which may libel any person, materials which are considered by teacher advisors/sponsors or by the principal to be obscene or in poor taste, materials which might result in any possibility of violence, or items which might damage or hurt any person.

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FREE SPEECH

JHCD

The District recognizes a student's right to free speech provided it is exercised in a manner which is not prohibited by law nor disrupts the educational process.

Ref.: Section 37-11-55, MS Code of 1972, as amended

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SOLICITATION BY STUDENTS (FUND RAISING)

JKB

Students or staff are not to solicit funds, supplies or materials in the name of the school district unless specifically approved to do so on a project basis by the Superintendent or his designee. A statement signifying that students are duly representing the Long Beach School District, signed by the principal of the school, is required of any student soliciting funds on behalf of the school district.

It is not the goal of the school district to sell or raise funds for the purpose of profit making. Consequently, any selling or fund raising to the public for this purpose or any other profit-making activities should be avoided.

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STUDENT VOTER REGISTRATION

JOA

In the fall and spring of each year the registrar of each county shall furnish all public schools with mail-in voter registration applications. Such applications shall be provided in a reasonable time to enable those students who will be eighteen (18) years of age before a general election to be able to vote in the primary and general elections.

Each public school district shall permit access to all public schools of this state for the registrar or his deputy for the purpose of registration of persons eligible to vote and for providing voter education.

This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.

Ref: §23-15-37, MS Code of 1972, Amended.

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DROP-OUTS

JQH

The Board directs the Superintendent to develop and implement a program(s) designed to keep children in school voluntarily and to prevent dropouts.

Standard 18 is as follows: The school district implements programs designed to keep students in school and to lower student dropout rates. {MS Code 37-3-46(c)}

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FOREIGN EXCHANGE STUDENTS

JQO

The following guidelines will be utilized when considering foreign exchange students for admission in the Long Beach School District:

1. Applications for enrollment must be completed and submitted PRIOR TO the beginning of the school year.

2. The Long Beach School District will accept all foreign exchange students regardless of whether they come through an exchange program or through direct connections with parents and a foreign family. This would put all the foreign exchange students under the regulations which state that they would be classified up to a junior and would not graduate. This enrollment would be strictly for cultural exchange and students would not be in a position to graduate.

3. Host parents of exchange students must be legal residents of the Long Beach School District.

4. Exchange students will be enrolled in courses on a space available basis and shall not jeopardize the enrollment of traditional students.

5. Exchange students will be expected to adhere to all program and local rules, policies, laws, etc., with regard to attendance, decorum, and achievement for the school, the state, and the nation, as well as a resource to the schools and the community and to represent their home-land in an admirable fashion. However, the principal may waive certain attendance requirements if the student should be engaged in an educational travel or speaking experience.

6. Exchange students will be placed in the appropriate grade level (grades 9-11), based on age and level completed at his/her school in his/her home country.

7. Exchange students earning consideration for any academic award will receive a “Certificate of Academic Excellence” but will not compete with traditional students for academic awards.

8. It is the philosophy that such students are here, primarily, for the cultural experience, with scholastic and athletic competition carrying a lower priority. However, participation in extra-curricular activities is encouraged although no elective office can be held and high academic achievement is expected.

9. Exchange students will not graduate from Long Beach High School. They will receive a certificate at the annual Awards Night Ceremony. As stated, they are admitted for the purposes of cultural exchange to be experienced among the foreign students, the traditional students, faculty, and community.

10. No exchange students will be classified as seniors in the future.

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LIMITED ENGLISH SPEAKING STUDENTS

JQT

The Long Beach School System will make every reasonable effort to ensure that students entering the Long Beach School System with limited English speaking ability receive individual or group instruction as needed in the appropriate language to assist them in their acquisition of English language skills. Where needed, written communication to parents will be in the appropriate language.

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STUDENT RECORDS

Permanent records and cumulative folders for individual students contain all required data and are collected, maintained, and disseminated in compliance with state laws, the Family Educational Rights and Privacy Act of 1974, and the Confidentiality Section of P.L. 94-142. (See Appendix F, Mississippi Public School Accountability Standards and the Manual of Directions for Using Mississippi Cumulative Folders and Permanent Records, Revised Edition, 1997.)

1. The State Board of Education shall prepare and provide necessary forms for keeping permanent records and cumulative folders for each pupil in the schools of the district. In the permanent record and cumulative folders, the teachers and principals shall keep information concerning the pupil’s date of birth, as verified by certified birth certificate, record of attendance, grades, and withdrawal from the school, including the date of any expulsion from the school system and a description of the student’s act or behavior resulting in the expulsion. The records shall also contain information pertaining to immunization and such other information as the State Board of Education may prescribe. The cumulative folder, in addition to that information maintained in the permanent records, shall also contain such other information, as the State Board of Education shall prescribe. It shall be the responsibility of the person in charge of each school to enforce the requirement for a certified birth certificate for each pupil before enrollment. Any child enrolling in Kindergarten or grade 1 shall present a certified birth certificate upon enrollment. Any child in grades 2 through 12 not in compliance at the end of sixty (60) days from the opening of the fall term shall be suspended until in compliance. §37-15-1 (1995)

2. The permanent record provided for above shall be kept, while it is active, in the attendance center office in a fire resistant container.

The permanent record shall be considered active: (a) if the student is enrolled in the school; or (b) if he/she has withdrawn or has been expelled and the students of the class of which he/she was a member shall not have reached the time of graduation.

At the point of the student’s graduation or at the time when the student would normally have graduated had he/she not withdrawn or been expelled from school, the student’s permanent record shall become a part of the permanent binder in the central fire resistant depository as designated and provided by the School Board of the school district, or as an alternative method, the records may be maintained in fire resistant storage at the school last attended by the student. The permanent binding and preservation of the inactive records shall be the duty of the superintendent of this school district who shall maintain a central depository of the records. §37-15-2 (1995)

3. The cumulative folders provided for above shall be kept in the school where the students are in attendance. Both the permanent records and the cumulative folders shall be available for inspection by public and private school officials, including public school teachers within the school district who have been determined by the school district to have legitimate educational interests. In no case, however, shall such records be available to the general public. Transcripts of courses and grades may be furnished when requested by the parent or guardian or eligible pupil as prescribed in the Family Educational Rights and Privacy Act of 1974, as amended, 20 USC Section 1232. The records shall be kept for each pupil throughout his/her entire public school enrollment period. In the event a pupil transfers to a public school, then the cumulative folder shall be furnished to the head of the school to which the pupil transfers; if a pupil transfers to a private school, then a copy of the cumulative folder shall be furnished to the head of the school to which the pupil transfers. The permanent record shall be kept permanently by the school district from which the pupil transferred.

At no time may a permanent record of a student be destroyed, but cumulative folders may be destroyed by order of the School Board of this school district in not less than five (5) years after the permanent record of the pupil has become inactive and has been transferred to the central depository of the district. However, where a school district makes complete copies of inactive permanent records on photographic film or microfilm which may be reproduced as needed, the permanent records may be destroyed after the photographic film or microfilm copy has been stored in the central depository of the district. §37-15-3 (1987)

4. For the purpose of providing notice to public and private school officials, both within and outside the boundaries of the state, of the expulsion of any public school student, the State Department of Education may develop a central reporting system for maintaining information concerning each expulsion from a public school. In establishing and maintaining the reporting system, the department may require each school district to report, within a certain period of time after an expulsion, as established by the department, information such as the following:

a. The name of the student expelled;

b. The date the student was expelled;

c. The age of the student at the time of expulsion;

d. The school from which the student was expelled

e. The reason for the expulsion, including a detailed description of the student’s act or acts;

f. The duration of the period of expulsion, if not indefinite; and

g. Any other information that the department deems necessary for school officials in a public or private school, where a student is seeking enrollment, to determine whether or not a student should be denied enrollment based upon a previous expulsion.

Any information maintained by the department under the authority of this section shall be strictly confidential. The information shall be available to school officials at a public or private school only upon their request and only when a student seeks enrollment or admission to that school. In no case shall the information be made available to the general public. §37-15-3 (1995)

No records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of said audits and litigation. 37-15-8 (1997)

The district requires an annual pupil performance record for each active student to include the following:

a. A listing of required skills to be mastered in each grade and/or course

b. A record of master/non-mastery of each skill

c. Record is to be completed by the student's current teacher(s) at the end of each school year and will become a part of the student's cumulative folder.

Standard 15 is as follows: Permanent records and cumulative folders for individual students contain all required data and are collected, maintained, and disseminated in compliance with state law, the Family Educational Rights and Privacy Act of 1974, and the Confidentiality Section of P.L. 94-142. (See Appendix E) {MS Code 37-15-1 through 3}

Also see CN.

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FEE POLICY – WAIVER OF FEES

1. This School Board hereby authorizes the superintendent to charge reasonable fees, but not more than the actual cost, for the following:

a. Supplemental instructional materials and supplies, excluding textbooks;

b. Other fees designated by the superintendent as fees related to a valid curriculum educational objective, including transportation; and

c. Extracurricular activities and any other educational activities of the school district which are not designated by the superintendent as valid curriculum educational objectives, such as band trips and athletic events.

2. All fees authorized to be charged under this policy, except those fees authorized under subsection (1)(c) of this policy, shall be charged only upon the condition that a financial hardship waiver may be granted upon request pursuant to the following.

FINANCIAL HARDSHIP WAIVER POLICY

All fees authorized to be charged under subsections (a) and (b) of the Fee Policy above shall be charged only upon the following conditions:

1. Applications for hardship waivers shall be kept in the strictest of confidence with all files and personal disclosures restricted from review by the general public.

2. Students eligible to have any such fee waived as a result of an inability to pay for said fees, shall not be discriminated against nor shall there be any overt identification of any pupil who has received a financial hardship waiver by use of special tokens or tickets, announcements, posting or publication of names, physical separation, choice of materials or by any other means.

3. In no case shall any of this school district's procedures expose any pupil receiving a hardship waiver to any type stigma or ridicule by other students or school district personnel.

4. The confidentiality provisions of this policy shall apply equally to any students who have an inability to pay any fees authorized under section (c) of the Fee Policy above.

In no case shall the inability to pay the assessment of fees authorized under the provisions of the Fee Policy above result in a pupil being denied or deprived of any academic awards or standards, any class selection, grade, diploma, transcript or the right to participate in any activity related to educational advancement. §37-7-335 (1998), MS CODE, 1972, amended

The superintendent shall establish administrative procedures consistent with this policy for its implementation and duplicate the appropriate form for use by applicants.

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INTERVIEWS/STUDENTS

JTG

With the exception of youth court jurisdiction, no student may be interviewed by an outside agency without permission of his/her parent or guardian.

Elementary School / Middle School / High School

Excused Absences

Loss of Credit/Promotion Appeals

Instructional Personnel

Non-certified Personnel

Vandalism

Reporting Vandalism

VII. PROHIBITED DRUGS/ALCOHOL

COMMUNICABLE DISEASES

EDUCATING STUDENTS WITH CHRONIC INFECTIOUS DISEASES POLICY

IMPORTANT NOTICE

Administration of Prescription Medicine

FOREIGN EXCHANGE STUDENTS

LIMITED ENGLISH SPEAKING STUDENTS