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Fulton County Schools Office of Student Discipline Andrea E. Allen, Director Lani L. Ray, Coordinator Administrative Procedures JD Changes from Georgia Legislative Senate Bill 291

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Fulton County Schools Office of Student Discipline

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Fulton County Schools

Office of Student Discipline

Andrea E. Allen, Director

Lani L. Ray, Coordinator


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Administrative Procedures JDChanges from Georgia Legislative Senate Bill 291

It is the policy of the Fulton County School System not to discriminate on the basis of race, color, sex, religion, national origin, age, or disability in any employment practice, educational program or any other program, activity or service. If you wish to make a complaint or request accommodation or modification due to discrimination in any program, activity, or service, contact: Compliance Coordinator, Michael Gray at 404.763.4585 or TTY 1.800.255.0135.


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SUBSTANTIVE RULE #18 ADDED

School Bus Disciplinary Rule

  • A.Students shall be prohibited from using items during the operation of a school bus in a manner which might interfere with the school bus communications equipment or the school bus driver’s operation of the bus.


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SUBSTANTIVE RULE #18 ADDED

These items include but are not limited to cell phones; pagers; audible radios; tape or compact disc players without headphones; mirrors, lasers, flash cameras, or anything that could interfere with the driver’s operation of the school bus.


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SUBSTANTIVE RULE #18 ADDED

School Bus Disciplinary Rule

  • B.If a student is found to have engaged in bullying or in physical assault or battery of another person on the school bus, a meeting shall be scheduled involving the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student.


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SUBSTANTIVE RULE #18 ADDED

Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be limited to assigned seating, ongoing parental involvement, and suspension from riding the bus.


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SUBSTANTIVE RULE #18 ADDED

Rule #18 does not in any way limit or restrict the school system’s ability to take additional action, including imposing disciplinary sanctions through and including permanent expulsion from the school system, as a result of the student’s behavior.


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Note:

Remember that by Georgia Law a student cannot be penalized for a parent’s non-participation in a school function.


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SUBSTANTIVE RULE #5 CHANGEDNOW DIVIDED INTO FOUR PARTS

RULE #5: (Physical or Verbal) Assault or Battery or Abusive Language by a Student to any Person.

Rule 5i.A student shall not:

intentionally make physical contact which causes physical harm to another person;


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SUBSTANTIVE RULE #5 CHANGEDNOW DIVIDED INTO FOUR PARTS

intentionally make physical contact of an insulting or provoking nature with another person;

RULE #5: (Physical or Verbal) Assault or Battery or Abusive Language by a Student to any Person.

Rule 5ii: A student shall not:


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SUBSTANTIVE RULE #5 CHANGEDNOW DIVIDED INTO FOUR PARTS

RULE #5: (Physical or Verbal) Assault or Battery or Abusive Language by a Student to any Person.

attempt to cause physical injury, threaten bodily harm, or behave in such a way as could reasonably cause physical injury to another person; or

Rule 5iii. A student shall not:


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SUBSTANTIVE RULE #5 CHANGEDNOW DIVIDED INTO FOUR PARTS

RULE #5: (Physical or Verbal) Assault or Battery or Abusive Language by a Student to any Person.

use opprobrious or abusive words, or obscene language, pictures or gestures tending to cause a breach of the peace.

Rule 5iv. A student shall not:


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SUBSTANTIVE RULE #4 CHANGEDNOW DIVIDED INTO FOUR PARTS

RULE #4: (Physical or Verbal) Assault or Battery or Abusive Language to a School Employee

Rule 4i. A student shall not:

intentionally make physical contact which causes physical harm to a school employee unless such physical harm was in defense of himself or herself;

  • (This rule now carries the possibility of a more severe penalty.)


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SUBSTANTIVE RULE #4 CHANGEDNOW DIVIDED INTO FOUR PARTS

Rule 4ii. A student shall not:

intentionally make physical contact of an insulting or provoking nature with a school employee;

RULE #4: (Physical or Verbal) Assault or Battery or Abusive Language to a School Employee


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SUBSTANTIVE RULE #4 CHANGEDNOW DIVIDED INTO FOUR PARTS

RULE #4: (Physical or Verbal) Assault or Battery or Abusive Language to a School Employee

Rule 4iii. A student shall not:

attempt to cause physical injury, threaten bodily harm, or behave in such a way as could reasonably cause physical injury to a school employee; or


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SUBSTANTIVE RULE #4 CHANGEDNOW DIVIDED INTO FOUR PARTS

Rule 4iv. A student shall not:

use in such employee’s presence opprobrious or abusive words, or obscene language, pictures or gestures tending to cause a breach of the peace;

RULE #4: (Physical or Verbal) Assault or Battery or Abusive Language to a School Employee


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Rule 4i violation carries the penalty of mandatory expulsion for remainder of public school experience with some waiver permitted if determined at the time of the Tribunal Hearing.

RULE 4i APPLIES TO STUDENTS IN GRADES KINDERGARTEN THROUGH 12.


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Note:

Rule 4i is a state law which cannot infringe on any right provided to students through Federal legislation, such as the Individuals or Americans with Disabilities and 504 Acts.

Continued…


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…Continued:

As with all types of student disciplinary hearings for students with special needs, the Tribunal will fulfill the role of “Finder of Facts”, determining guilt or innocence, ONLY. A school level committee will make all further determinations.


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POSSIBLE WAIVERS for students found guilty of Rule 4i violations include the following if allowed by The Board at the time of the Tribunal Hearing:

  • May allow a student to attend a state designated alternative school for the remainder of his public school career.

    (Crossroads/Second Chance Program)

THE BOARD:


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THE BOARD:

  • May allow an elementary or middle school student to return to a regular high school in ninth grade.


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THE BOARD:

  • May allow a student in grades K through 6 return to a regular school if no alternative school is provided by the district in these grades.


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State law mandates that Rule 4i hearings be held by a Tribunal Panel of three teachers or certificated personnel approved by the Board. Therefore, we’ll now have three types of student discipline hearings in the Office of Student Discipline.

PROCEDURAL RULES #8 and #11

ARE CHANGED


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1. INFORMAL HEARINGS

All elementary school non-4i hearings are conducted by Hearing Officers.


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2. DISCIPLINARY HEARINGS

All middle and high school non-4i hearings are conducted by Hearing Officers.


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3. TRIBUNAL PANEL HEARINGS

All elementary, middle, and high school Rule 4i (and some other rules) hearings are conducted by a panel of three Tribunal members.


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AND, FINALLY…

  • The most important thing is that we want school staff to work in a safe and secure environment.

  • We hope that the inclusion of this new law in our student Code of Conduct and Discipline Handbook will help to ensure this.

  • You can help…(continued)


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AND, FINALLY…(continued)

…You can help by:

  • Reviewing the new handbooks with your students, emphasizing the seriousness of all rule violations,

  • Collecting both student and parent signature sheets whenever students enroll throughout the year,

  • Keeping a copy of the discipline handbook posted in your classroom, and

  • working with your students throughout the year, emphasizing the importance of good behavior.


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THANKS FOR LISTENING.

  • Make this your best year ever!

  • Do your part to ensure that your school community is safe, secure, and focused on student learning.

  • Contact the Office of Student Discipline if you have any questions, concerns, or need our help: rayll@fulton.k12.ga.usallenae@fulton.k12.ga.us


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