Kannapolis Intermediate School Discipline Policy
The faculty of Kannapolis Intermediate School believes that good discipline is essential to student success. Every student will receive positive, nurturing interactions with faculty, staff, and the school administration. An atmosphere conducive to learning must be consistently maintained for teachers to teach and students to learn. Each student has a right to be free from the distractions caused by the inappropriate behavior of others. The teacher is the recognized authority in the classroom.
We believe that one role of the school is to teach responsible behavior. The discipline policy for Kannapolis Intermediate School is one strategy to achieve this goal.
Responsibilities for the positive development and maintenance of appropriate behavior are shared by the students and their families, and everyone who works for the school and school system: teachers, principals, counselors, and all support personnel; the Kannapolis City Schools Superintendent and her staff, and the KCS Board of Education. This Code of Student Conduct is your first notice of due process for student and parent rights.
Most infractions of the Code of Student Conduct shall be addressed through classroom teacher interventions. Repeated infractions or serious misbehavior involving weapons, drugs, and assault shall result in administrative disciplinary action, such as suspension from school and reports to law enforcement.
Classroom interventions used to correct misbehavior may include, but are not limited to, the following:
a. Short term isolation from peers; “time out”
b. Restriction of privileges (silent lunch, restricted play period, etc.)
c. Notes to parents
d. Phone calls to parents
e. Home visits or visits to parents’ place of employment
f. Writing assignments
g. Work detail as appropriate to the infraction
h. After school detention, after notification to parent
i. Payment for careless and willful damage to property
j. Behavior contract with student
After-School Detention may be used at the discretion of the classroom teacher. Failure to comply with detention assignments by the teacher will result in the student’s assignment by school administration to the Alternative Learning Center (ALC) or Out-Of-School Suspension (OSS), depending on the level and severity of the offense.
Continuing inappropriate behavior, or demonstration of an unwillingness to modify that behavior, will result in the student being referred to the School Assistance Team as another means of intervention.
Students attending a school-sponsored event are to be held accountable according to the discipline code of Kannapolis Intermediate School. A suspension from school for disciplinary reasons will result in forfeiture of the right to participate in any school-sponsored activity for the remainder of the school year.
Rules do not replace the administrator’s judgment in the review of discipline incidents. Violation of the laws of North Carolina will be handled pursuant to normal arrest procedures. In order for schools to be safe and orderly places for learning, rules and procedures must be obeyed.
Incidents not covered by this code, or incidents made more severe by their intensity or frequency, will be dealt with by the administration in the manner deemed appropriate.
The following rules apply to:
- Any student in any school building or on any school premises before, during, or after school hours;
- Any student on any bus or other vehicle on which the student is being transported as a part of any school activity as well as at any bus stop;
- Any student at any school function, activity, or event;
- Any student at any time when he/she is subject to the authority of school personnel; or
- Any student whose conduct at any time or place has a direct effect on maintaining order and discipline in the schools.
The following are acronyms for the types of consequences used at the school site:
ALC: Alternative Learning Center
OSS: Out-of-School Suspension
SAT: Student Assistance Team
We believe that teachers will, in many instances, use warnings, telephone calls, and conferences as part of the Code of Conduct consequences. We also will emphasize at Kannapolis Intermediate School the use of rewards for good behavior.
THREATS / ACTS OF SCHOOL VIOLENCE
N.C.G.S. 14-69.1, 14-69. 2, 1-583.3, 20-17, and 115C-391
These laws make it a serious felony; a class H offense, for any person who makes a school-related bomb threat or hoax. They include making or communicating a false bomb threat in any form, including computer messages. They also require an automatic suspension of 365 calendar days for any student who makes a false report or perpetuates a hoax relating to a bomb. Parents or legal guardians will be held liable for up to $25,000 for hoaxes and up to $50,000 if a firearm, bomb, or other explosive device is discharged if it is determined that their supervision of the minor was negligent.
Attendance: A student is to attend school (including all classes) each day of the school year. In addition, a student is to report to classes on time. A student of compulsory school age who does not attend school is in violation of the law (G.S. 155C-379), and the student and his / her parent(s) / guardian are subject to its penalties. A student tardy to school or class will be treated in the same manner as a truant. Efforts will be made to communicate with parents of absent and truant students. (A student who has absences from class of more that 20 days shall not pass for the school year. It should be remembered that not passing language arts, math and one other core subject will result in not meeting the local gateway requirements. Parents have an opportunity to file for a waiver within a thirty-day period to determine the legitimacy of the absences).
Tardiness: A tardy is failure to be in a place of instruction at the assigned time without a valid excuse. Students must be in the classroom before the time for class to begin. Students have three minutes between each class.
Cutting Class: Failure to report to class without prior permission, knowledge, or excuse by the school or teacher.
Consequences for Violations
First two offenses—Parent Notification and ALC
Each additional offense—OSS
Cutting School: Failure to report to school without prior permission, knowledge, or excuse by the school or parent.
Consequences for Violations
First offense: Parent Notification and ALC
Each additional offense: OSS
Excessive Absences (Truancy): Excused or unexcused absences that are felt to adversely affect the student’s education.
Consequences for Repeated Violations:
Referral to the School Assistance Team and appropriate community agencies
Possible court involvement
LEVEL I OFFENSES—ALC (Alternative Learning Center)
These infractions do not normally cause serious disruptions to the educational process. The majority of the time they will be considered minor (unless the problem is not corrected immediately and daily reminders become necessary). Administrators will use ALC for these infractions; second offense = the ALC; third offense = OSS. Any student who disrupts or is dismissed from ALC will be suspended out of school
Public Display of Affection
A student will not engage in hugging and kissing in buildings or on campus.
Hall Without a Pass:
A student will not be in the hall without a signed planner from the teacher, administrator, or another authorized person.
A student will not eat in unauthorized areas of the school.
Hats/Head Coverings/Shades in Classrooms/Buildings:
A student will not wear hats, any other types of head coverings, or shades in the classroom or buildings. Refusal to remove when asked by any staff member or repeated offenses will result in a form of reprimand.
A student will use the trashcans to discard unwanted items. A student is responsible for keeping his / her area in the classroom, cafeteria, and locker room clean.
Failure to Comply with Dress Code:
While a student’s dress is primarily the responsibility of the student and his/her parents, attire or appearance which is provocative or inappropriate and which distracts or disrupts the attention of students from the instructional program cannot be allowed. The school administration will determine what is detrimental to the instructional program or to the educational process. Further, both student dress and grooming must be in accordance with health and safety standards.
Many times the enforcement of the dress code becomes a more severe discipline issue because a student feels differently than school personnel about the appropriateness of an item of clothing. The student and parents are responsible for appropriate dress. There will be no argument about the disruptiveness of a piece of clothing. It will be removed or changed if deemed inappropriate. As of the 2005-06 school year, Kannapolis City Schools and Kannapolis Intermediate School have implemented the following dress code
Unacceptable Clothing and/or Items
Head coverings, including but not limited to, hats, do-rags, bandannas and headbands are prohibited.
Pant legs shall not be rolled up above the shoe tops.
Tight or revealing clothing shall not be worn at school.
Excessive jewelry is not acceptable. (Students should refrain from wearing large rings, expensive gold and jewelry.)
Body piercing, body art, and hair coloring that disrupt the school day must be removed or covered.
Initially, individuals who wear clothing of a questionable nature will be sent to the office and a call will be made to the parent or guardian requesting that a student abide the dress code. Students who habitually defy the school dress code will be properly reprimanded by the school administration.
Possession of Non-Educational Materials:
A student will not bring or possess any object that has no educational purpose and that may distract from teaching and learning. Refusal to give any of the following items to any staff member will result in ALC.
Toys*: Possession of any toys, games, cards, etc. without permission of the administration.
Radio*: Possession of radio, walkman, pagers, without permission of the administration.
Tape Recorder*: Possession of tape recorder, CD players, or similar device without permission of the administration.
Cellular Telephone (Car Phone)*: Possession of a telephone or similar device on school property without permission of the administration.
Beeper, Pager, and similar device*: Possession of these devices on school property without permission of the administration.
Significant Amount of Money*: Students need only enough money to meet school obligations (lunch, fees, special purchases).
Unauthorized Sales*: Students are not to sell any objects on campus that are not authorized through the school as an organized, approved school activity.
Other*: Possession of any object that could disrupt the normal order of school to include, but not limited to, personal security alarms, look-a-like beepers, lighters, matches, etc.
* The first violation will result in confiscation with the item returned to the parent at the discretion of the principal or designee. The second and succeeding violation(s) will result in confiscation and the item will not be returned
No student may disrupt the class, school, or bus activity. Students will maintain appropriate behavior.
Chronic Talking: Repeated talking in the classroom without permission.
Throwing Objects: Throwing any object in any part of the school, bus, or school grounds, unless directed by a staff member pursuant to instructional purposes or willfully throwing anything that could serve to harass or harm another.
Harassing/Teasing: Pestering or tormenting other students.
Leaving Without Permission: Leaving the classroom or assigned area without obtaining approval of the teacher and /or administrator.
Other: Any other action that disrupts or interferes with educational activities or the school environment.
Students will not engage in rough, noisy play or pranks (wrestling, boxing, etc.) Horseplay often escalates into fighting or aggressive acts (Rule 29).
Misbehavior on School Bus:
Students will comply with bus safety rules and regulations while riding the school bus. School bus service is a privilege, not a right. All violations of bus conduct rules will be subject to disciplinary action by the student’s principal, up to and including loss of riding privileges and suspension from school.
Failure to Report to Staff Member Before or After School:
Students will report to before- or after-school assignments as authorized by teachers or administrators for tutoring, makeup class work, tests, or detention.
LEVEL II OFFENSES—ALC (Alternative Learning Center)
These infractions are more serious than the Level I offenses and interfere with the learning process of students. These infractions will result in an automatic period in ALC. Repeated infractions could result in Out-Of-School Suspension, and referral to the school assistance team. Any student who disrupts or is dismissed from ALC will be suspended out of school;
2nd Offense = ALC; 3rd offense = OSS.
Failure to Serve a Level One Punishment:
Students will serve two detentions for failing to serve level one assignments.
Repeat of the Same Level One Offense:
Students will refrain from repeating the same offense.
Skipping a Class or Leaving Campus Unauthorized:
Students will not leave class or campus without authorization from the administration or designee.
A student will obey the lawful direction of any authorized staff member during the time the student is in school, participating in a school activity, or on school property.
Failure to Comply with Proper and Authorized Direction of A Staff Member: Failure to follow any authorized direction given by a staff member
Refusal to Work in Class: Failing to do assigned work during class
Repeated Refusal of Detention: Failure to report to after school detention as directed by a staff member
Continual Class Disruptions:
Students will refrain from repeated class disruptions.
Use of Profane/Abusive Language:
Students will not use profane and abusive language.
Student will not possess or use tobacco products on school premises.
LEVEL III OFFENSES—ALC (Alternative Learning Center)
These infractions are considered to be an unwillingness of the student to cooperate with the school staff and the last possible intervention before suspension: The administration will assign students to ALC. Any student who disrupts or is dismissed from ALC will be suspended out of school.
Repeat of Same Level Two Offense:
Students will refrain from repeated violations of regulations.
Trespassing At Any School:
Students will not make unauthorized visits to other schools.
Second Offense Of Student Insubordination:
A student will not repeatedly disobey the lawful direction of any authorized staff member during the time the student is in school, participating in a school activity, or on school property.
LEVEL IV SUSPENSION:
Level IV infractions under the Kannapolis City Schools policy, listed below, or of criminal law while in the jurisdiction of the Kannapolis City Schools will result in automatic Out-of-School Suspension, possible long-term suspension, expulsion, or criminal prosecution, depending on the circumstances and the judgment of the administration.
The following infractions may also be violations of the state criminal laws and may result in criminal prosecution, punishable by criminal fines and imprisonment. (Following each infraction will be the state criminal law reference.)
- Students illegally on school campus or attending school-related activities while under suspension will face additional day(s) of suspension.
- Upon the accumulation of five (5) days of suspension, a behavior contract will be entered into among the student, parents, and school.
NOTE: A recommendation for long-term suspension of more than ten days may be made by the principal to the superintendent for the following offenses.
Students Shall Not Bully. Bullying is prohibited in the Kannapolis City Schools. A student shall not bully another student, a staff member, a volunteer, or another person. Bullying means verbal or physical conduct that is intended to intimidate, injure, degrade, or disgrace another student or person, or that has such an effect. It can include a variety of behaviors, such as, but not limited to, the following:
- Physical attacks and violence;
- Derogatory comments (e.g., name-calling, hostile teasing, taunts, put-downs, epithets, slurs, and mean-spirited jokes)
- Threats of force or violence against a person or possessions
- Extortion and stealing money or possessions
- Shunning and exclusion from peer group
All students who believe they have been victims of bullying shall report it to an administrator or teacher. All students who witness bullying by another student or students shall report it to an administrator or teacher. Staff members shall report any allegation or incident of bullying to the school principal. Any student who retaliates against another for reporting bullying may be subject to the consequences described below.
Consequences (G.S 115C-47, -391)
Consequences for students who bully others shall depend on the results of the investigation and may include a warning or directive to the student(s) involved, counseling, a parent conference, in-school suspension (ALC), suspension and/or expulsion, as may be allowed by law. Depending on the severity of the incident, the principal may also take appropriate steps to ensure student safety, which may include reporting incidents to law enforcement agencies.
Aiding and Abetting a Fight:
(G. S. 14-33, 14-288.4) Students will not participate in, or assist in, causing a fight verbally or physically.
Disrespect to a Staff Member:
(G. S. 14-288.4) Students will behave in a respectful manner. Examples of disrespectful behavior are:
- Walking Away: Leaving while a staff member is talking to you.
- Talking Back: Responding orally in a rude manner to a staff member.
- Profanity: Talking about or to a staff member and using profanity.
Threatening Students or Adults Other Than Staff Members:
A student will not threaten another student, adult, or staff member.
Inappropriate Use of the Internet:
Students must refrain from utilizing the Internet without proper authority. This includes unauthorized use of sign-on codes, communication of threats, or implied threats.
A student will not lie or cheat.
- Failure/Refusal to Correctly Identify Self to Any Staff Member: A student will correctly identify himself or herself to any staff member when asked.
- Altering Report Cards or Notes: Tampering with report cards, official passes, notes or other school documents in any manner, including changing grades or forging names to excuses.
- False Information: Making false statements, written or oral, to anyone in authority.
- Cheating: Violating rules of honesty, such as plagiarism, copying another student’s test, assignment, etc. (At the discretion of the principal)
Abusive, Obscene, and Offensive Language Directed Towards A Staff Member:
(G. S. 14-288); Threatening a Staff Member: ( G.S. 14-288.4): A student will not repeatedly use profane or obscene language or make obscene gestures or threaten a staff member.
- Offensive Language: Cursing, or saying anything that conveys an offensive, racial, obscene, or sexually suggestive message.
- Obscene or Offensive Gestures: Making any sign or gesture that conveys an offensive, racial, or obscene, or sexually suggestive message.
- Derogatory Written Material: Having any written material or pictures that convey an offensive racial, obscene, or sexually suggestive message.
Fighting/Aggressive Behavior Towards Another Student:
(G.S.14-33. 14-288.4): The exchange of mutual physical contact between students by pushing, shoving, or hitting, with or without injury is prohibited. Hitting, biting, and /or spitting at another student for the purpose of harassment or which could cause harm is also prohibited. A warrant may be taken out by the school on both parties involved. (Simple Affray; G.S. 14-33, 14-288.4)
(G. S. Chapter 14 Article 16): A student will not steal or possess stolen property, or participate in a plan with others to do so. When a student receives property from another individual, the receiving student is responsible for assuring who is the owner of the property.
- School Property: Unlawfully taking and /or carrying away property belonging to Kannapolis City Schools.
- Staff Property: Unlawfully taking and or carrying away property belonging to a staff member.
- Student Property: Unlawfully taking and/or carrying away property belonging to another student.
- Student Locker: Removing any property from a locker other than the locker assigned.
- Possession of Stolen Property: Having in one’s possession property obtained without the permission of the owner, to include items stolen in the community and brought onto school grounds.
A student will not take, or threaten to take, the property of others through intimidation.
A student will not play games of skill or chance for money or property.
Severe Disruption of the School Day:
(G. S. Chapter 14, Articles 8 and 16, 14-288.4, 14-132, 14-273, 14-269, 14-69.1, 14-69.2, 14-49, 14-49.1, 14- 50, 14-50.1)
- Fireworks/Small Explosives: Possession of firecrackers or small explosive devices including caps, and snapper pops.
- Student Demonstrations: Organizing and / or participating in unauthorized gatherings and marches.
- Falsifying Emergency Situations: Calling 911, signaling or setting off an automatic signal falsely indicating the presence of a fire or emergency that does not exist. This includes making statements/phone calls.
- Third Offense of Student Insubordination: Willfully and repeatedly disregarding the regulations specified in the explanation of what constitutes insubordination.
Any type of knife, toy knife, camouflaged weapon (knife blades, or other sharp devices, camouflaged as tubes of lipstick, ink pens, hair combs, etc.), razor blade, box cutter, possession of chemical (such as Mace or pepper sprays, or anything the administration deems a weapon is prohibited. Material will be confiscated and charges filed as deemed appropriate by the administration.
Substance Abuse Violation:
No student shall possess, use, transmit, sell, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance, or any alcoholic beverage, or other intoxicating liquor, or possess, use, or transmit drug paraphernalia or counterfeit drugs, or inhale or ingest any chemicals or products with the intention of bringing about a state of exhilaration or euphoria or of otherwise altering the student’s mood or behavior while in any school building, on the premises, on any school bus, or off the school grounds at any school activity, function or event before, during, or after school hours, or during any period of time when he/she is subject to the authority of school personnel, unless such possession, use, or transmission is authorized by the law and by school regulations, or unless prescribed by and taken in accordance with the prescription of a physician and registered with the school office as to the date, name, substance, dosage, and times to be administered. (G.S. Ch. 90. Articles 5, 5A. and 5B).
All substance abuse violations must be referred to the Student Assistance Program. The student involved in the violation is subject to a mandatory five day out-of-school suspension and mandatory assessment by a certified substance abuse agency at the student’s/parent’s expense.
During the five-day out-of-school suspension, the student must schedule and complete the initial assessment. Failure to follow through with the mandatory assessment and recommendations from the assessment will result in recommendation of long-term suspension of the student.
Refusal to Comply with a Reasonable Individual Search:
In an effort to comply with the Safe Schools Mandate, the school administration has the right to conduct a search—reasonable in scope—of a student or his/her possessions if the administration has a reasonable suspicion that the student may be in possession of a weapon, illegal substance, stolen property, or other items prohibited by law or the Code of Conduct.
- Search of an Individual or His/Her Possessions: A student must cooperate with and may not obstruct or interfere with a reasonable search of the student, his/her book bag, purse, or other possessions, which are present on school property or at a school activity.
- Students Lockers and Desks: Student lockers and desks are the property of the school and are assigned to the student with the understanding that he/she is responsible for all property placed in the locker or desk. Lockers shall be used only for storage of those items which are reasonably necessary for the student’s school activities, such as books, gym clothes, coats, school assignments, etc. A student must cooperate with and may not obstruct or interfere with a random search of his/her desk or locker.
( G. S. 14-288.4, 14-269.2,14-269, 14-69.1, 1469.2, 14.273, 14-49, 14-49.1, 14-50, 14-50.1) A student will not possess any incendiary devices on school grounds or at any school function. Neither will a student set fire or attempt to set fire to school property, or participate in a plan with others to damage or destroy school property.
A student will not willfully or maliciously damage or destroy property belonging to another, or participate in a plan with others to damage or destroy property, i.e. school-related activity on or off school property, or property belonging to a school employee. A student or parent/guardian will be held financially responsible, as allowed by North Carolina Law, for willful or malicious destruction of property.
- Defacing Walls, Mirrors, Desks, Lockers, Computers, or Any Other School Equipment.
- Damaging Another Person’s Property: Including, but not limited to, clothing, class projects, automobiles, etc.
- Graffiti: Willful or malicious defacing of public or private property.
A student will not engage in sexual behaviors.
- Offensive Touching: Improper touching of an offensive or sexual nature.
- Sexual Harassment: Verbal or physical conduct of a sexual nature which may reasonably be regarded as intimidating, hostile or offensive, including but not limited to, sexual advances or propositions, and /or unwelcome hugs, kisses, massages, or other physical contact.
- Consensual Sex: Sexual activity involving willing participants.
- Indecent Exposure: Intentional exposure of private parts of one’s body (including “Mooning”).
- Sexual Assault/Rape or Attempted Rape: Unlawful sexual intercourse or attempted sexual intercourse by force, threat, or fear.
A student will not break into school property for the purpose of stealing.
A student will not take another person’s property by force or violence.
Assault of a Staff Member:
(G.S. 14-33 (b)(8), (14-288.4): A student will not physically attack a staff member.
NOTE: N. C. G. S.115-391(d2) (1) requires that the Superintendent remove to an alternative setting any student who is at least 13 and who physically assaults and seriously injures a teacher or other school personnel. If no alternative setting is available, the student may be suspended for up to 365 days.
Student misconduct, not covered by the previous levels, shall be dealt with by the principal or his/her designee as appropriate. Principals are authorized to interpret individual school rules and regulations, including disciplinary penalties for violating individual school rules, for matters and misconduct not covered by the previous stated levels.
Circumstances and degrees of involvement could lessen a serious offense or make a minor offense more serious. The school principal has the authority to modify the discipline recommended in this Code for each offense when in his /her opinion, the facts, and circumstances justify a less or more severe penalty. Any student who has violated one or more sections of the Code may be subject to more severe disciplinary action than recommend in the Code. The student must understand that their rights and responsibilities carry equal weight. One cannot exist without the other.
The regulations referenced in the Code specify some of the types of conduct for which students may be punished, suspended, or expelled. These regulations are not intended to be exclusive, but rather illustrative of conduct inconsistent with orderly and efficient operation of schools. Students shall comply with the Board of Education’s Rules of Student Conduct, Board Policy No. 6401. A copy of this and related student discipline policies is available at the school office.
SUSPENSIONS AND EXPULSIONS BEYOND THE SCHOOL YEAR
(Kannapolis City School Board Policy)
To comply with new laws passed by the 1995 North Carolina General Assembly, any student bringing or possessing a gun, rifle, pistol, or other firearm of any kind; or any dynamite cartridge, bomb, grenade, mine, or other powerful explosive, will be suspended from school for 365 days. This rule affects all students in kindergarten through grade 12. Any student 14 years of age or older whose behavior is viewed as a threat to other students or staff members may be expelled permanently from the Kannapolis City Schools.
6401.7 Rule 7: Students Shall Not Possess, Handle, Transmit, or Use Weapons or Dangerous Instruments:
A. Weapons Prohibited:
No student shall possess, handle, or transmit any weapon or dangerous instrument, including but not limited to a loaded or unloaded firearm, including a gun, pistol, or rifle; fireworks, incendiary device, or explosives, including a bomb, grenade, or mine; knife, including a bowie knife, switchblade, dirk, or dagger; or other weapon, including a slingshot, slungshot, leaded cane, blackjack, metal knuckles, BB gun, pellet gun, air rifle, air pistol, stun gun or other electric shock weapon, icepick, mace, pepper gas, razor or razor blade (except solely for personal shaving), or any sharp pointed or edged instrument except unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance; or a facsimile of a gun or other weapon or any object that can reasonably be considered a weapon or other dangerous instrument.
- Students who in any way encourage another student to bring weapons to school also endanger the safety of others. No student shall knowingly or willfully cause, encourage, or aid any other student to possess, handle, or transmit any of the weapons or facsimiles of weapons listed above.
- This section shall not apply to pupils who are members of the Reserve Officer Training Corps and who are required to carry arms or weapons in the discharge of their official class duties; nor does this section apply to weapons used in school approved instruction or ceremonies.
B. Records Maintained
A record of any violation of Rule 7 shall be maintained in the student’s cumulative folder until the completion of the student’s school career.
C. Disciplinary Sanctions
- Long-Term Suspension: Any student in grades 5-12 who is found to have possessed, handled, or transmitted any type of weapon or facsimile of a weapon in violation of this rule shall receive a long-term suspension from the school system for the remainder of the school year, unless the principal and superintendent find sufficient mitigating circumstances proved by the student. If a sanction less severe than long-term suspension for the remainder of the year is chosen, the principal shall document which criteria were used and the basis for the decision on sanctions.
- 365-Day Suspension for Firearms or Explosives
Notwithstanding any other sanction, and as required by G.S. 115C-391(d1), any student in grades K-12 shall be suspended for 365 calendar days for bringing a firearm or explosive onto any bus, building, property or grounds owned, used or operated by the Board. For purposes of this rule a “firearm or explosive” has the same meaning as a “weapon” in G.S. 14-269.2(b) and includes a gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1; but does not include a BB gun, air rifle or air pistol and does not include any weapon described in G.S. 14-269.2(g) (i.e.- a weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the principal or Superintendent) or in G.S. 14-269.2(h) (i.e. a weapon a person receives or finds and immediately delivers to law enforcement authorities)
The Superintendent shall impose the 365-day suspension required under this policy. The Board, upon recommendation by the Superintendent, may modify the 365-day suspension on a case-by-case basis. A modification made in accordance with this policy may include the provision of educational services in an alternative school setting or by any other means.
Any weapon found on campus shall be confiscated and turned over to law enforcement officials.
The school shall seek prosecution, under relevant statutes, of any student who is sanctioned by long-term suspension (more than ten days) for violating this policy prohibiting weapons and dangerous instruments.
Parents cannot abdicate responsibility for a child’s actions when the parents have in any way encouraged or permitted the child to violate this policy. When a student has been found to violate Rule 7, the school may seek prosecution of the parents, guardian, or responsible adult under all relevant statutes, including G.S. §1-583.3, “Negligent supervision of minor,” §14-269.7, “Prohibitions on handguns for minors,” §14-315, “Selling or giving weapons to minors,” §14-315.1, “Storage of firearms to protect minors,” §14-316, “Permitting young children to use dangerous firearms,” and §14-316.1, “Contributing to delinquency and neglect by parents and others.” The school shall seek prosecution of any person who violates state or federal law prohibiting weapons on or near school property.
The school also shall seek prosecution of others, including students, who furnished weapons or otherwise encouraged or aided a student or any other person in violating either this policy or any state or federal law prohibiting weapons on or near school property.
Legal Reference: G.S. 14-269.2; 115C-391(d1)
6401.16 Rule 16: Students Shall Not Commit Bomb Hoaxes or Commit Acts of Terror:
Students shall not make any threat of action likely to cause serious injury or death, or commit any act likely to cause serious injury or death, or likely to be perceived as a terrorist act or threat, whether or not such act is intended as a hoax or a jest. Prohibited acts include, but are not necessarily limited to:
- Making a report, knowing or with reason to know the report is false, that there is any device, substance or material on school property or at a school-sponsored activity that is designed to cause harmful or life-threatening illness or injury to another person;
- Concealing, placing or displaying such a device, substance or material on school property or at a school-sponsored activity, whether with intent to harm or with an intent to perpetrate a hoax;
- Threatening to commit on school property or at a school-sponsored activity, an act of terror likely to cause serious injury or death, when that threat is intended to cause or is likely to cause significant disruption to the instructional day or school-sponsored activity;
- Making a false report that such an act of terror is occurring or is about to occur on school property or at a school-sponsored activity;
- Conspiring to commit any of these acts.
- Making a report, knowing or having a reason to know the report is false, that there is located on school property or at any school-sponsored activity a bomb or any other device designed to destroy or damage property by explosion, blasting or burning;
- Concealing, placing, or displaying with intent to perpetrate a hoax, any device or machine or artifact on school property or at a school-sponsored activity, so as to cause any person reasonably to believe the item is a bomb or other device capable of causing injury to persons or property;
The Board of Education or Superintendent may impose an out-of-school suspension for up to 365 days for violation of items 1 through 5 of this rule.
A violation of items 6 or 7 above, relating to bomb hoaxes, shall result in a 365-day suspension imposed by the superintendent or the board of education. Upon recommendation by the superintendent, the board of education may modify the 365-day suspension requirement on a case-by-case basis, and also may provide or contract for the provision of education services to the suspended student in an alternative school setting.
Legal Reference: G.S. 115C-391(d3) and (d4).
Upon recommendation of the principal and superintendent, the Board may permanently expel a student who is fourteen years of age or older and whose behavior indicated that the students continued presence in school constitutes a clear threat to the safety or other students or employees. The Board’s decision to expel such a student shall be based on clear and convincing evidence, and shall be made in accordance with State Board of Education guidelines defining acts and conduct that are considered a clear threat to the safety of students or employees. Prior to ordering the expulsion of such a student, the Board shall consider whether there is an appropriate alternative program offered by the Board that may provide education services to the student. The Board has no duty to continue to provide special education or related services to a child with special needs who has been expelled pursuant to this policy.
The decision of the Board under this policy is final, subject only to judicial review in accordance with Article 4 of Chapter 150b of the General Statutes.
Any student who has been expelled may request that the Board reconsider its decision at any time after the first July 1 that is at least six months after the expulsion decision. If the student demonstrates to the Board’s satisfaction that his presence in school no longer constitutes a threat to the safety of other students or employees, the Board shall readmit the student and assign him to a school on a date the Board deems appropriate.
Legal Reference: G.S. 115C-47, -391