TABLE OF CONTENTS
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Request for Medication/Treatment During School Hours
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Vision, Hearing, and Scoliosis Screenings
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Family Life Education
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Family Educational Rights and Privacy Act Notification
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Protection of Pupil Rights Amendment (PPRA) Notification
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Notice: Directory Information
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Regulation 2412-R: Symbolic Expression: Appearance/Dress/Gestures
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Regulation 2406: Student Absenses/Excuses/Dismissals
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VA Code Section 22.1-254: Compulsory School Attendance Law
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Policy 2409: Teacher Removal of Students from Class
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Policy 2401: Code of Student Conduct
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Regulation 2401-R: Code of Student Conduct
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Policy 2403: Student Suspensions & Expulsions
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47
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Policy 2417: Search & Seizure
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52
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Policy 2402: Sexual harassment/harassment based on race, etc
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Notice of Parental Responsibility and Involvement Requirement
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58
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Notice: Misdemeanor to make false statements as to residency
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60
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Notice: Availability of Policy Manual
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60
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Notice: Sex Offender Registry Information
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60
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Notice: Right to Petition
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60
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Stafford County Public Schools 2009-10 Calendar
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TABLE OF CONTENTS
SCHOOL BOARD MEMBERS
PATRICIA HEALY
Chairman
NANETTE KIDBY
Vice-Chairman
ROBERT BELMAN
JOHN LEDOUX, ED.D.
PATRICIA MANCINI
DOREEN PHILLIPS
DANA REINBOLDT
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STAFFORD COUNTY PUBLIC SCHOOLS
31 Stafford Avenue
Stafford, Virginia 22554-7246
Phone: 540-658-6000
Fax: 540-658-5963
http://www.staffordschools.net
September 8, 2009
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DAVID E. SAWYER, Ed.D. Superintendent

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Dear Parents and Students:
Welcome to School Year 2009-2010! We are pleased that you have chosen us for your public education experience.
We need your help encouraging excellent attendance, behavior, and conduct so all can benefit from our comprehensive educational program and variety of extracurricular activities. The Stafford County School Board has adopted the Student Code of Conduct and Parental Consent Forms and Notices document to help us reach this goal. It details the board’s rules, the circumstances regarding suspension and expulsion, and the procedures related to disciplinary hearings. Virginia law Section 22.1-279.3requires that parents or guardians acknowledge receipt of these materials. An acknowledgment form is enclosed. School Board policies are available on the internet at
www.staffordschools.net.
OTHER FORMS
Please review the following forms and return those which are appropriate for your child to his/her school:
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authorization for your child to receive medication at school
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agreement concerning using computers and accessing the Internet while at school
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Opt-out forms if you do not desire:
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Your child to be photographed/videotaped;
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Your child’s name, photograph, or work to be published on the Internet;
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Your child to participate in the Family Life Education curriculum
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Your child to be screened at school for vision, hearing, or scoliosis.
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If you desire your child to participate in a sport or activity, you must accept the conditions of the extra/co-curricular activities policy and sign and return the form. Each student participant will be required to comply with its conditions. You may expect to receive a copy of the policy from your child’s coach or sponsor.
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RULES OF CONDUCT UPDATE
Rules 3, 11, 13, 44, and 47 have been amended. They prohibit alcohol, cheating, dangerous articles, obscene materials, and controlled substances.
GENDER DISCRIMINATION/SEXUAL HARASSMENT
Our School Division does not discriminate on the basis of gender and it prohibits sexual harassment. Students committing an act of sexual harassment are subject to the penalties prescribed. Students experiencing sexual harassment should report it to their principals, guidance counselors, or to the Supervisor of Accelerated and Counseling Programs (658-6000). Complaints of gender discrimination may be filed in accordance with Policy 2402, a copy of which is included.
Best wishes for a successful school year.
Sincerely,
David E. Sawyer
Superintendent
ACKNOWLEDGMENT OF RECEIPT
I hereby acknowledge that I have received the handbook styled Code of Conduct (2009-2010) and that it contains the following policies, regulations, authorizations, and agreements:
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Photographs of Students (opt-out form)
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Electronically Published Student Information (opt-out form)
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Acceptable Use Agreement (Student and Parent Signature Sheets)
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Family Life Education (opt-out form)
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Request for Medication/Treatment During School Hours
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Vision, Hearing, and Scoliosis Screenings
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Family Educational Rights and Privacy Act Notification
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Protection of Pupil Rights Amendment (PPRA) Notification
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Annual Notice to Students/Parents Regarding Directory Information
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Policy 2412: Symbolic Expression: Appearance/Dress/Gestures
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Student Absences/Excuses/Dismissals (Regulation 2406)
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Compulsory School Attendance Law 22.1-254
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Teacher Removal of Students from Class (Policy 2409)
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Code of Student Conduct (Policy & Regulation 2401)
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Suspensions and Expulsions (Policy 2403)
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Search and Seizure/Evidence/Contraband (Policy 2417)
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Sexual Harassment/Harassment Based on Race, etc. (Policy 2402)
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Notice: Misdemeanor to Make False Statements as to School Division or Attendance Zone Residency
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Notice: Availability of Policy Manual
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Notice: Sex Offender Registry Information
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Notice: Right to Petition
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I do further acknowledge that I have received the Notice of Parental Responsibility and Involvement Requirements as set forth in Va. Code §22.1-279.3 as part of the handbook.
By signing this receipt I shall not be deemed to waive, but to expressly reserve, rights protected by the constitutions and the laws of the United States of America and of the Commonwealth of Virginia, including the right to express disagreement with policies and decisions of the school and of the school division.
_________________________________________
Name of Child
_________________________________________
Signature of Parent/Guardian
_______________________________
Date
(PLEASE SIGN & RETURN TO YOUR CHILD'S SCHOOL)
Stafford County Public Schools
31 STAFFORD AVENUE
STAFFORD, VIRGINIA 22554-7246
(540) 658-6000
PHOTOGRAPHS OF STUDENTS
Children are sometimes photographed or videotaped while participating in school activities. This is usually done by school personnel or parents, but the local newspapers will occasionally take photographs as part of an article. Additionally the school yearbook, newspaper, and school division publications frequently take and incorporate photographs in their publications. If you do not desire that your child be photographed or videotaped during a school activity, please complete and return the opt-out form below.
OPT-OUT OF STUDENT PHOTOGRAPHS
________ I do not desire that my child be photographed/videotaped.
____________________________________________________________
Signature - Parent/Guardian Date
____________________________________________________________
Student's Name Teacher's Name
ELECTRONICALLY PUBLISHED STUDENT INFORMATION
Stafford County Public Schools publishes a variety of information about our schools and their activities on a portion of the Internet known as the World Wide Web. From time to time, we may wish to include your child's name and/or photograph on our Web page. This information may be published in order to recognize achievement or in conjunction with the display of your child's work on the Web. If you do not desire that your child's name, photograph, or work to be published electronically on the World Wide Web please complete and return the opt-out form below.
OPT-OUT OF ELECTRONICALLY PUBLISHED STUDENT INFORMATION
__________ I do not desire that my child's name, photograph, or work be published electronically on the World Wide Web.
____________________________________________________________
Signature - Parent/Guardian Date
____________________________________________________________
Student's Name Teacher's Name
Stafford County Public Schools
31 STAFFORD AVENUE
STAFFORD, VIRGINIA 22554-7246
540-658-6000
ACCEPTABLE USE AGREEMENT STUDENT SIGNATURE SHEET
I, _________________________________, understand that use of school-owned computers, hardware, and software, as well as using the Internet and engaging in direct electronic communication, is a privilege,and not a right. I have this privilege provided that I:
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do not violate the guidelines or rules of the Internet access provider;
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have the written permission of my parent or guardian on file at the school to use school computers, hardware, software, to access the Internet, and other networks, and to communicate electronically;
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obey all school and classroom rules about computer use and using other computer networks;
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obey the rules of the Student Code of Conduct, including Rule 12, School Board rules, and the rules of the school about using computers and networks;
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do not break any laws using computers, including any unauthorized access or hacking;
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do not access the Internet or other network to break laws, including unauthorized access or hacking;
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do not send any abusive, profane, or obscene language, or any pornographic pictures, over any computer or computer network, the Internet, or via any electronic means;
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do not give or tell anyone my password, account number, or identification number, or that of anyone else;
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do not buy on school-owned equipment or with school board or school money any services or items which may be available over the Internet or any other network, either for myself, the school, the school board, or any person; and
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do not use any computer, hardware or software in any unauthorized manner.
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I have read, or my parent or guardian has read and explained to me, Rule 12 of the Student Code of Conduct about computer use, and I agree that I shall not break Rule 12 or any of the rules listed above. If I violate the Student Code of Conduct, or the rules above, my privilege to use school-owned computers, hardware, and software, as well as using the Internet or other computer networks may be lost. I understand that my activities on the computer, including those on the Internet, may be monitored at anytime by Stafford County Public Schools, that an Internet filtering system is in place, and that I am responsible and accountable for my activities.
___________________________________________ ________________________________________
Signature of Student Printed Name of Student
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Date
Acceptable Use Agreement Parent Signature Sheet
I have read the Acceptable Use Agreement above, as well as Rule 12 (below) of the Student Code of Conduct pertaining to computer usage. I give my permission for my child to use school computers, hardware, and software to access the Internet and other computer networks, and to communicate electronically. I understand that such use and access is a privilege which is extended to my child by the school. I understand further that the privilege may be revoked should my child violate either the Acceptable Use Agreement or the Student Code of Conduct. I grant consent to Stafford County Public Schools to monitor my child’s computer activities, including those on the Internet and am informed that an Internet filtering system is in place.
I acknowledge that Stafford County Public Schools does not control the content of the Internet, or that of other computer networks, or when engaging in direct electronic communication, including e-mail and chat rooms, and that the possibility exists that my child could be exposed to controversial, obscene, pornographic, offensive, or objectionable material. I agree not to hold either the school, or any school board employee, liable should my child be so exposed and I assume all risk in this regard.
I further agree that should my child obligate to a third party in any manner, including financially or otherwise, either the school board, the school, any school official, or any other person or entity, for any services, merchandise, and/or products of any kind whatsoever, which may be available through or over the Internet, other computer network, or through electronic communication, that I accept full financial responsibility and liability for same and shall indemnify, defend, and hold harmless the school board, school, school official, person and/or entity as to any and all claims, actions, and causes arising whatsoever.
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Student’s Name & School
____________________________________________
Signature of Parent
__________________________
Date
Rule 12: Computer violations including trespass, fraud, invasion of privacy, and theft of services; unauthorized use of school computer and/ or computer network; removal of computer data, programs, software; alteration/destruction/erasure of computer data, programs, software; intentionally causing a computer and/or computer network to malfunction; use or duplication of software in violation of law or licensing requirements; unauthorized access to any portion of computer network, restricted programs and/or computer drives; unauthorized use of assigned computer passwords to gain access to computer and/or network; any unauthorized use of school computer code(s); failure to abide by acceptable use agreement.
Penalty: Minimum of short-term suspension of 10 days, or less, with the balance of any days to be served carrying over to the succeeding school year, and/or loss of computer and Internet privileges to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall also be reported to the Sheriff if the potential exists for criminal charges to be filed.
STAFFORD COUNTY SCHOOLS HEALTH SERVICES
REQUEST FOR MEDICATION/TREATMENT DURING SCHOOL HOURS
Stafford County Public Schools require that if medication/treatments are to be taken by a student while he/she is in school, the school MUST have the following information completed and on file in the health clinic:
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A signed order from the health care provider renewed yearly
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A signed consent from the parent or guardian
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The medication in the original container.
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THIS APPLIES TO ANY MEDICATION, PRESCRIPTION OR OVER THE COUNTER.
The medication must be kept in the school health office. It is the responsibility of the student to come for it at the proper time.
* The exception to the foregoing is student possession and self-administration of certain medications for which separate documentation and supporting materials are required. Asthma, Diabetes, and Food allergies would be situations when this would apply and families should request an appointment with the school nurse.
To be completed by the health care provider:
| Student Name: ______________________________ |
Social Security: ______________________ |
Grade: _____ |
| School:______________________________________________________________________________________ |
| Medication/Treatment:_________________________________________________________________________ |
| Dosage and Time Schedule:_____________________________________________________________________ |
| Diagnosis:___________________________________________________________________________________ |
| Length of Time Medication/Treatment Required:_____________________________________________________ |
| Precautions, Special Instructions, Possible Side Effects, Comments:_____________________________________ |
| ____________________________________________________________________________________________ |
| ____________________________________________________________________________________________ |
| Name of Physician (printed):_____________________________________________________________________ |
| Signature of Physician:__________________________________________________________________________ |
| Address:_____________________________________________________________________________________ |
| Telephone:___________________________________ |
Date:______________________________ |
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To Be Completed By Parent or Guardian:
I request that school personnel give the above medication/treatment ordered by the physician as stated, according to the directions given. I authorize a representative of the school to share information regarding this medication/treatment with the above health care provider if necessary. I understand and agree to comply with the school’s policies and procedures as stated on the back of this form.
____________________________ ___________________________________________________
Date Signature of Parent/Guardian
Revised 4/07 Chapter 6-F9
PLEASE READ REGULATIONS ON MEDICATION ADMINISTRATION
REGULATIONS ON MEDICATION ADMINISTRATION
A. GENERAL POLICY
- No student shall be given medications/treatments during school hours except upon written request from a licensed health care provider who has responsibility for the medical management of the student. The parent or guardian must sign all such requests. Medication/treatments should be brought to school by a parent/guardian. Permission forms must be renewed yearly. Short-term medications, such as antibiotics, may be given when the medication is in the original pharmacy container and lower portion of form is signed by parents/guardians.
- Nurses do not accompany students on field trips. Prior arrangements need to be made by parents and teachers for medications/treatments with approval of the nurse.
B. RESPONSIBILITY OF THE PARENT OF GUARDIAN
- Parents and guardians shall be encouraged to cooperate with the health care provider to develop a schedule so that the necessity for taking medication/treatments at school will be minimized or eliminated.
- Parents and guardians will assume full responsibility for the supplying of all medications. Please ask the pharmacist to provide a separate container for the school.
- Parents or guardians should deliver any medication/treatment to be administered under this policy. All controlled medication (such as. Ritalin & Dexedrine) will be counted and documented at the time of delivery (and pick-up) by school personnel and parent/guardian.
C. RESPONSIBILITY OF THE PHYSICIAN
- A Medication Permission Form for each prescribed medication/treatment must be completed by the student’s health care provider, signed by the parent or guardian, and filed with the school nurse in the school clinic each school year.
- Medication containers must be clearly labeled with the following information:
A. Student’s full name
B. Health Care Provider’s name
C. Health Care Provider’s telephone number
D. Name of medication
E. Dosage, schedule, and dose form
F. Date of expiration of prescription
3. Indicate to pharmacy if another bottle needs to be prepared for the school.
D. RESPONSIBILITY OF SCHOOL PERSONNEL
- The school nurse/designee will assume responsibility for placing medication in a locked cabinet. Controlled medication will be counted and documented at the time of acceptance or pick-up.
- The school/nurse designee will administer all medications/treatments as ordered by the physician and will document date/time.
- Discontinued or unused medications must be picked up by the parent/guardian. If not claimed by the end of the school year, the school nurse will properly dispose of the medication and document.
- Nurses will prepare field trip medication dosages per the Board of Pharmacy guidance document. One day’s worth of medications, properly labeled in an envelope will be given to the student’s teacher the morning of a field trip. Treatments and injections may require other consideration prior to the field trip.
- School nurses will provide training for other staff in regard to medication and glucagon administration.
Revised 4/07 Chapter 6-F11
Vision, Hearing, and Scoliosis Screenings
Sight and hearing tests are required by VA Code § 22.1-273 to be given to all new students and students in grades K, 3, 7, and 10. Vision and hearing screenings are conducted by the school nurse during the first 60 days of school and referrals will be sent home, if appropriate, prior to December vacation. If you have information concerning your child’s sight or hearing, about which you believe the school should be informed, send in a note to the school nurse.
Scoliosis screening is also required by VA Code § 22.1-273.1. Scoliosis screenings are conducted by the school nurses and often PE teachers during second semester for students in grades 5, 7, and 9. Referrals will be sent home, if appropriate, before spring break. If you have information regarding your child’s spinal condition, please send a note in to the school nurse.
Families are notified annually with this announcement appearing in each school’s newsletter and the Code of Conduct. A parent or guardian has the right to determine their student’s participation in Stafford County Public Schools Health Services Program as described above. In the event that a parent or guardian wishes to eliminate or exclude participation of a student in any part of the program, the parent or guardian may provide a written notification to the school nurse within fifteen days of receiving this notification. The family’s written notice must state the specific area of screening from which the student is to be excluded and the family must furnish the same health screening results from their family physician.
Stafford County Public Schools
31 Stafford Avenue
Stafford, VA 22554
Phone: (540) 658-6000
September 2, 2009
Dear Parent/Guardian:
Our school system will be teaching the recently revised Family Life Education (FLE) curriculum to students in grades K – 10. FLE instruction for K-5 students will be scheduled during second semester. FLE instruction for secondary students in grades 6–10 will be scheduled anytime after OCTOBER 2nd as planned by the physical education teacher. In most cases, instruction will be presented to boys and girls in the regular classroom setting. Some objectives will be taught in separate classes for boys and girls when appropriate. Students in grades K-5 will be taught FLE by classroom teachers with physical education teachers, school counselors, school nurses, and administrators as support and resource. In grades 6 -10, FLE will be taught by health and physical education teachers with counselor and nurse participation.
The FLE curriculum and materials K-10 are available for review at each of our schools. Curriculum binders are located in the front office of each school. You may review these materials on site along with all videos and DVDs. The video materials are available for preview through each schools media center.
An “Opt-Out” form is provided below if you choose for your child NOT to receive any/all of the FLE lessons. The form must be returned by October 2nd, 2009 to the classroom teacher or physical education instructor. If your child is enrolled after October 2nd 2009, please return the opt-out form with the enrollment forms. Students who do not receive the FLE instruction will be provided health instruction as an alternative.
Questions and concerns may be shared with your child’s FLE teacher, the building principal, counselor(s), or school nurse. You may also contact the coordinator for health, Physical Education, and Driver Education at (540) 658-6694.
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OPT-OUT FORM
Student ______________________________School______________________ Grade ______
I DO NOT give my child permission to be taught the following Family Life Education objectives during the 2009-2010 school year:
Objective(s) (Please list by number): ________________________________________________
__________________________ ________________________________________________
Date Signature - Parent/Guardian
TO OPT-OUT OF FAMILY LIFE EDUCATION, PLEASE RETURN THIS FORM TO THE TEACHER AT YOUR CHILD'S SCHOOL BY OCTOBER 2nd, 2009.
FAMILY LIFE EDUCATION OBJECTIVES
KINDERGARTEN:
The student will:
- Recognize that everyone is a member of a family.
- Develop an awareness of positive ways in which family members show love, affection, respect, and appreciation for each other.
- Recognize the elements of good and bad touches by others.
- Demonstrate how to say “no” to inappropriate approaches from family members, neighbors, strangers, and others.
FIRST GRADE:
The student will:
- Develop an understanding of the importance of a family and of different family patterns.
- Identify family members and their responsibilities in contributing to the successful functioning of the family.
- Realize that physical affection can be an expression of friendship, of celebration, or of a loving family.
- Demonstrate strategies for responses to inappropriate approaches from family members, neighbors, strangers, and others.
SECOND GRADE:
The student will:
- Realize that adults other than parents also provide care and support for children.
- Realize that physical affection can be an expression of friendship, of celebration, or of a loving family.
- Become aware that babies grow inside the mother’s body in a special place called the uterus.
- Advance in readiness to say “no” and to tell a trusted adult about inappropriate approaches from family members, neighbors, strangers, and others.
THIRD GRADE:
The student will:
- Become aware of the changes occurring in family life that affect daily living and produce strong feelings and give examples of healthy coping strategies.
- Comprehend that the baby grows inside the mother’s body for nine months and then is born.
- Will practice safety rules in the home.
- Demonstrate to others how to respond appropriately to good touches and how to handle inappropriate approaches from relatives, neighbors, strangers, and others.
FOURTH GRADE:
The student will:
- Will become aware of the need to assume responsibility within the family and to function effectively as a family member.
- Be able to identify the human reproductive organs.
- Develop an awareness of human fertilization and prenatal development.
- The student will identify physical changes that begin to occur during puberty.
- Describe the factors surrounding child abuse and child neglect.
FIFTH GRADE:
The student will:
- Identify the human reproductive organs in relation to the total anatomy.
- Explain how human beings reproduce.
- Recognize the relationship between the physical changes that occur during puberty and the developing capacity for reproduction.
- Describe the effects of personal hygiene on one’s self-concept.
- Examine the messages from mass media related to sexuality.
- Develop skills in saying “no” to any social behavior or activity that he or she perceives as wrong for him or herself.
- The student will recognize threatening or uncomfortable situations and how to react to them.
SIXTH GRADE:
The student will:
- Describe personal characteristics that can contribute to happiness for self and others.
- Summarize the process of human reproduction.
- Relate personal hygiene to the physical changes that occur during puberty.
- Explain the effects of growth on development, attitudes, and interests.
- Continue to identify physical and emotional changes that occur during puberty and their effects on growth and development.
- Evaluate the messages from mass media related to sexuality.
- Recognize that abstinence is necessary in making healthy life choices.
- Identify basic facts about sexually transmitted infections.
- Be able to describe the etiology, effects, and transmission of the AIDS virus.
- Demonstrate increased understanding of child abuse and neglect including emotional and sexual abuse.
SEVENTH GRADE
The student will:
- Identify his or her role and relationships within the family.
- Realize that physical affection is not all sexual, but that it also can be an expression of friendship, of celebration, or of a loving family.
- Realize the role of peers and the peer groups during adolescence, and the nature and purpose of dating.
- Increase his or her ability to listen to different points of view and to accept the right of others to a differing point of view.
- Summarize the process of human reproduction.
- Recognize the physical development of his/her sex characteristics and how they affect emotional and social growth.
- Recognize that sexual behaviors are conscious decisions; that it is important to be abstinent; and that appropriate relationships are based on mutual respect, trust, and caring.
- Be aware of the consequences of preteen and teenage sexual intercourse.
- List the adverse consequence of a pregnancy in early adolescence, as well as the positive benefits of postponing pregnancy until marriage.
- Identify causes, symptoms, treatment, prevention, and transmission of sexually transmitted infections, including AIDS.
- Explain techniques for preventing and reporting sexual assault.
EIGHTH GRADE
The student will:
- Become aware of community health-care and safety agencies and their functions.
- Recognize the nature of dating during adolescence.
NINTH GRADE
The student will:
- Explain the importance of the family as a basic unit of society and his or her responsibility as a member of the family.
- Recognize the development of sexuality as an aspect of the total personality.
- Review the nature and purposes of dating.
- Identify the affect of discrimination.
- Determine how maturation affects adolescents.
- Examine values, morals, and ethics essential to the growth and maintenance of positive human relationships.
- Use the steps in the decision-making process to solve specific problems.
- Be able to explain the process of reproduction.
- Demonstrate knowledge of pregnancy prevention and disease control.
- Understand the importance of recognizing the early signs of breast cancer.
- Realize the importance of setting standards for controlling sexual behavior and of postponing sexual relations until marriage.
- Begin to identify educational and career goals.
- Identify causes, symptoms, treatment, prevention, and transmission of sexually transmitted infections, including AIDS.
- Interpret the effects and prevention of sexual assault, rape, date rape and sexual harassment.
TENTH GRADE
The student will:
- Explain the factors to be considered in preparing for dating and marriage.
- Examine factors to be considered in life-goal planning.
- Analyze the skills and attitudes needed to become a competent parent.
- Describe adjustments to be made after the birth of a child.
- Describe the signs and symptoms of pregnancy.
- Analyze the factors associated with a healthy pregnancy.
- Explain the importance of supportive roles of the mother and father through pregnancy and birth.
- Identify the stages of the birthing process.
- Understand the importance of recognizing the early signs of testicular cancer.
- Recognize the need to abstain from premarital sexual intercourse.
- Recognize alternatives to premarital sexual intercourse for expressing feelings and affection.
- Compile a list of community agencies & resources available to assist individuals and families.
- Recall the ways in which the AIDS virus is transmitted, and techniques for preventing this disease.
- Identify examples of and techniques to avoid sexual harassment and assault.
Family Educational Rights & Privacy Act (FERPA) Notification
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:
- The right to inspect and review the student's education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
- The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the school to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Reviewing, Expunging, and Destruction:
The school principal, or his/her designee, is responsible for the collection of information; maintenance and security of data; control of dissemination of information from student records; and the destruction of nonpermanent material in the records. Records are reviewed periodically to assure accuracy, currency, and completeness. Data which is no longer educationally useful and is not required for permanent retention is destroyed. This is accomplished at grades 5, 8, and 12, and/or the last year the student is in elementary, middle, and high school. Five years after the student has left the school system, many records designated as temporary (i.e. special services files) are purged and destroyed. Parents or eligible students may submit a written request to the school to obtain these materials prior to destruction.
Teachers may maintain additional information regarding your child such as work samples, data collection, and other similar information. This information is not kept as part of the student's cumulative record and is destroyed following the end of each school year.
Psychologists or other evaluators may maintain test protocols and other notes concerning assessments for your child. Those notes and protocols are destroyed after three years.
If possible, SCPS will provide a copy of this document in other languages or will provide an interpreter to translate the document. Requests for this service should be made through the student’s school principal.
Si necesita ayuda interprentando este documento, pro favor illame el Director de la esuela.
(Rev May 2004)
2008-09 Notification of Rights Under the Federal
Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
- Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED) -
- Political affiliations or beliefs of the student or student’s parent;
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or parents; or
- Income, other than as required by law to determine program eligibility.
- Receive notice and an opportunity to opt a student out of -
- Any other protected information survey, regardless of funding;
- Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
- Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
- Inspect, upon request and before administration or use -
- Protected information surveys of students;
- Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
- Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Stafford County Public Schools (SCPS) will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure or use of personal information for marketing, sales, or other distribution purposes. SCPS will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. SCPS will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. SCPS will make this notification to parents at the beginning of the school year if the school division has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
- Collection, disclosure, or use of personal information for marketing, sales or other distribution.
- Administration of any protected information survey not funded in whole or in part by ED.
- Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with the Family Policy Compliance Office, U. S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5901.
Annual Notice to Students/Parents Regarding Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Stafford County Public Schools(SCPS), with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, SCPS may disclose appropriately designated "directory information" without written consent, unless you have advised the Division to the contrary in accordance with Division procedures. The primary purpose of directory information is to allow the SCPS to include this type of information from your child's education records in certain school publications. Examples include:
* A playbill, showing your student's role in a drama production;
* The annual yearbook;
* Honor roll or other recognition lists;
* Graduation programs; and
* Sports activity sheets, such as for wrestling, showing weight and height of
team members.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent.(1)
If you do not want SCPS to disclose directory information from your child's education records without your prior written consent, you must notify the principal of your child’s school, in writing, within 15 days of receipt of this notice. SCPS has designated the following information as directory information:
* Student's name
* Participation in officially recognized activities and sports
* Address
* Telephone listing
* Weight and height of members of athletic teams
* Photograph
* Degrees, honors, and awards received
* Date and place of birth
* Major field of study
* Dates of attendance
* Grade level
* The most recent educational agency or institution attended
- These laws are: Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill, and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation's armed forces.
If possible, SCPS will provide a copy of this document in other languages or will provide an interpreter to translate the document. Requests for this service should be made through the student’s school principal.
Si necesita ayuda interprentando este documento, por favor llame al Director de la esuela.
(Rev March 2003)
2412-R Student Services 2412-R
SYMBOLIC EXPRESSION: APPEARANCE/DRESS/GESTURE
PURPOSE: To provide guidelines for appropriate student dress
Stafford County Public Schools recognizes the rights of individuals to express themselves through their appearance. Accordingly, the Stafford County Public School’s dress code is intended to allow for such expression, as well as to curtail situations that would be inappropriate, unsafe, disturbing, or disruptive to the educational setting of the school. The administration reserves the right to define appropriate and inappropriate dress.
All students will be properly dressed while attending school and school functions, including field trips. Dress should be appropriate for the activity and should not be a disruptive influence on the educational program.
The following is a list of those clothing items that are considered unacceptable and strictly prohibited from use within the Stafford County Public Schools. The administration reserves the right to grant medical exceptions.
Students in all grades will be prohibited from wearing:
A. Clothing and accessories that promote alcohol, tobacco, or drug usage or which display weapons or violence and which cause or are likely to cause a disruption within the school environment.
B. Clothing and accessories that contain vulgar, derogatory or suggestive diagrams, pictures, slogans religiously, ethnically, or sexually offensive and which cause or are likely to cause a disruption within the school environment.
C. Clothing symbolic of gangs or disruptive groups associated with threatening behavior, harassment or discrimination and which cause or are likely to cause a disruption within the school environment.
D. Clothing, accessories and/or any words, pictures, diagrams, etc., thereon which are lewd, vulgar, indecent, plainly offensive, or which cause or are likely to cause a material disruption.
E. Head coverings of any kind in the building (except for religious or medical reasons). Bandanas may not be worn anywhere on one’s person.
F. Curlers, picks, combs, or hair rakes in the hair.
G. Sunglasses or permanently tinted glasses.
H. Dog collars, chains, wallet chains, safety pins, spike jewelry or fishhooks worn as jewelry, accessories or ornamentation.
I. Tank tops, tube tops, mesh tops, sheer tops, sleeveless tops, halters, or bare midriff tops. Shirts cannot have necklines that are lower than the straight line from top of underarm across to opposite underarm. Shirts must cover shoulders, must have sleeves, and must extend past the top of the pants. Display of cleavage is not permitted. Tops may not expose the midriff, and clothing must cover undergarments at all times. Note that at the elementary level, sleeveless tops and dresses are permitted providing they do not violate any other part of the dress code.
J. Gloves in the building.
K. Pajamas, loungewear, and dorm pants.
L. Leggings or tight fitting spandex type pants, pants with side slits or holes above the knees, see-through pants, tights, or leotards worn as outer garments.
M. Sagging pants, pants worn low on the hip so as to reveal underwear or skin. Pants must be worn with both legs down (not one leg rolled up), and pants legs may not extend past the sole of the shoe. Clothing must cover undergarments at all times.
N. Dresses, skirts, shorts, culottes, and skorts that are shorter than the extended tip of the longest finger with arms hanging naturally at the sides.
O. Bedroom slippers, roller sneakers, or heels higher than 3 inches. Shoes must be worn at all times. Athletic shoes or closed shoes with a rubber sole should be worn for Physical Education and recess. At the elementary level, high heels, loose fitting sandals and flip flops are discouraged for safety reasons.
P. Fringed garments in CTE areas or in Drama and Art areas which contain machinery.
Q. Items of clothing that would impair the health and safety of the student during normal school activities.
Violation of the student dress code will invoke the following consequences:
The student will be required to change into a suitable garment or cover the piece of clothing that violates the dress code before returning to class.
If the procedure outlined above is not possible, the student will be requested to contact his/her parent or guardian in order to obtain suitable clothing before returning to class.
Violations will be documented and reported to parents.
In addition to the above, repeated offenses of the Dress Code regulations will result in disciplinary action ranging from a minimum of a warning to a maximum of short-term suspension of 10 days or less.
Approved by Superintendent: 07/17/08
2406-R 2406-R
Student Services
STUDENT ABSENCES/EXCUSES/DISMISSALS
PURPOSE: To define guidelines for good student attendance
Excused Absences
Absences which may be excused include:
- illness or injury of the student
- illness in the family household necessitating the presence of the student
- death in the family
- family emergency of an unforeseen nature
- medical appointment
- religious holiday
- subpoenaed court appearance
- principal approved absence
So as to receive consideration for an excused absence, a note of explanation must be provided to the school by the parent/guardian upon return of the student to school.
Unexcused Absences
Absences will be unexcused for the following causes:
- truancy, which shall include: absence of the student from school without the knowledge and permission of his/her parents or guardians or school authorities; absences of the student which are excessive and/or which interfere with the student’s educational program; absence of the student for any reason other than one approved by the principal
- skipping, cutting or leaving class without permission after reporting to school
- suspension from school
- organized skip day
- absences not accompanied by a note from the parent/guardian upon the student returning to school
- all absences not covered under excused absences
Compulsory Attendance Procedures
Upon Fifth Absence Without Parental Awareness and Support
If (1) a student fails to report to school for a total of five scheduled school days for the school year, and (2) there is no indication that the student’s parent is aware of and supports the absence; and (3) reasonable efforts to notify the parent of the absences have failed, then the principal/ designee shall make a reasonable effort to ensure that direct contact is made with the parent, either in person or through telephone conversation or by the principal/designee to obtain an explanation for the pupil’s absence and to explain to the parent the consequences of continued nonattendance. The principal/designee, the pupil, and the pupil’s parent shall jointly develop a plan to resolve the pupil’s nonattendance. Such plan shall include documentation of the reasons for the pupil’s nonattendance.
Upon Sixth Absence Without Parental Awareness and Support
If the pupil is absent an additional day after direct contact with the pupil’s parent and the school personnel has received no indication that the pupil’s parent is aware of and supports the pupil’s absence, the principal/designee shall schedule a conference within ten school days, which must take place no later than the fifteenth school day after the sixth absence. At the conference, the pupil, his parent, and school personnel, shall meet to resolve issues related to the pupil’s nonattendance. Other community service providers may also be included in the conference.
Upon Additional Absence Without Parental Awareness and Support
Upon the next absence after the conference without indication to the school personnel that the pupil’s parent is aware of and supports the pupil’s absence, the principal/designee shall notify the attendance officer who shall contact the pupil’s parents to ensure the parent has the legal information regarding compulsory attendance and possible action. The attendance officer shall enforce the compulsory attendance rules by either or both of the following: (i) filing a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision as defined in §16.1-228 or (ii) instituting proceedings against the parent pursuant to §18.2-371 or §22.1-262. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts already undertaken to resolve the pupil’s absence. If the student’s parents have joint physical custody of the student and the school has notice of the custody arrangement, then both parents shall be notified at their last known addresses.
Parental Cooperation in Remedying Excessive Unexcused Absences
It is expected that parents will cooperate with the attendance officer and other school officials to remedy the student’s attendance problem. Where direct contact with a parent cannot be made, despite reasonable efforts, or where parents otherwise fail to cooperate in remedying the student’s attendance problem, the superintendent/designee may seek immediate compliance with the compulsory school attendance laws. The attendance officer, with the knowledge and approval of the superintendent/designee, shall institute proceedings against any parent who fails to comply with the requirements of the compulsory attendance laws. Where the complaint arises out of the parent’s failure to comply with the requirements of § 22.1-258, the attendance officer shall document the division’s compliance with this Code section.
Attendance Reporting
Student attendance shall be monitored and reported as required by state law and regulations. At the end of each school year, each public school principal/designee shall report to the superintendent/designee the number of pupils by grade level for whom a conference was scheduled pursuant to Part II (B) above. The superintendent/designee shall compile this information and provide it annually to the Superintendent of Public Instruction.
Dismissal Precautions
The principal/designee shall not release a student during the school day to any person not authorized by the student's parent/guardian to assume responsibility for the pupil. Students shall be released only on request and authorization of parent or guardian. A formal check‑out system shall be maintained in each school.
Adopted: 06/24/08
COMPULSORY SCHOOL ATTENDANCE LAW
§ 22.1-254. Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article.
A. Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent, or provide for home instruction of such child as described in §
22.1-254.1.
As prescribed in the regulations of the Board of Education, the requirements of this section may also be satisfied by sending a child to an alternative program of study or work/study offered by a public, private, denominational, or parochial school or by a public or private degree-granting institution of higher education. Further, in the case of any five-year-old child who is subject to the provisions of this subsection, the requirements of this section may be alternatively satisfied by sending the child to any public educational pre-kindergarten program, including a Head Start program, or in a private, denominational, or parochial educational pre-kindergarten program.
Instruction in the home of a child or children by the parent, guardian, or other person having control or charge of such child or children shall not be classified or defined as a private, denominational or parochial school.
The requirements of this section shall apply to (i) any child in the custody of the Department of Juvenile Justice or the Department of Corrections who has not passed his eighteenth birthday and (ii) any child whom the division superintendent has required to take a special program of prevention, intervention, or remediation as provided in subsection C of §
22.1-253.13:1 and in §
22.1-254.01. The requirements of this section shall not apply to (a) any person 16 through 18 years of age who is housed in an adult correctional facility when such person is actively pursuing a general educational development (GED) certificate but is not enrolled in an individual student alternative education plan pursuant to subsection D, and (b) any child who has obtained a high school diploma or its equivalent, a certificate of completion, or a GED certificate, or who has otherwise complied with compulsory school attendance requirements as set forth in this article.
B. A school board shall excuse from attendance at school:
1. Any pupil who, together with his parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school. For purposes of this subdivision, "bona fide religious training or belief" does not include essentially political, sociological or philosophical views or a merely personal moral code; and
2. On the recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides and for such period of time as the court deems appropriate, any pupil who, together with his parents, is opposed to attendance at a school by reason of concern for such pupil's health, as verified by competent medical evidence, or by reason of such pupil's reasonable apprehension for personal safety when such concern or apprehension in that pupil's specific case is determined by the court, upon consideration of the recommendation of the principal and division superintendent, to be justified.
C. A school board may excuse from attendance at school:
1. On recommendation of the principal and the division superintendent and with the written consent of the parent or guardian, any pupil who the school board determines, in accordance with regulations of the Board of Education, cannot benefit from education at such school; or
2. On recommendation of the juvenile and domestic relations district court of the county or city in which the pupil resides, any pupil who, in the judgment of such court, cannot benefit from education at such school.
D. Local school boards may allow the requirements of subsection A of this section to be met under the following conditions:
For a student who is at least 16 years of age, there shall be a meeting of the student, the student's parents, and the principal or his designee of the school in which the student is enrolled in which an individual student alternative education plan shall be developed in conformity with guidelines prescribed by the Board, which plan must include:
a. Career guidance counseling;
b. Mandatory enrollment and attendance in a general educational development preparatory program or other alternative education program approved by the local school board with attendance requirements that provide for reporting of student attendance by the chief administrator of such GED preparatory program or approved alternative education program to such principal or his designee;
c. Counseling on the economic impact of failing to complete high school; and
d. Procedures for reenrollment to comply with the requirements of subsection A of this section.
A student for whom an individual student alternative education plan has been granted pursuant to this subsection and who fails to comply with the conditions of such plan shall be in violation of the compulsory school attendance law, and the division superintendent or attendance officer of the school division in which such student was last enrolled shall seek immediate compliance with the compulsory school attendance law as set forth in this article.
Students enrolled with an individual student alternative education plan shall be counted in the average daily membership of the school division.
E. A school board may, in accordance with the procedures set forth in Article 3 (§
22.1-276.01 et seq.) of Chapter 14 of this title and upon a finding that a school-age child has been (i) charged with an offense relating to the Commonwealth's laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person; (ii) found guilty or not innocent of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of §
16.1-260; (iii) suspended pursuant to §
22.1-277.05; or (iv) expelled from school attendance pursuant to §
22.1-277.06 or §
22.1-277.07 or subsection B of §
22.1-277, require the child to attend an alternative education program as provided in §
22.1-209.1:2 or §
22.1-277.2:1.
F. Whenever a court orders any pupil into an alternative education program, including a program of general educational development, offered in the public schools, the local school board of the school division in which the program is offered shall determine the appropriate alternative education placement of the pupil, regardless of whether the pupil attends the public schools it supervises or resides within its school division.
The juvenile and domestic relations district court of the county or city in which a pupil resides or in which charges are pending against a pupil, or any court in which charges are pending against a pupil, may require the pupil who has been charged with (i) a crime that resulted in or could have resulted in injury to others, (ii) a violation of Article 1 (§
18.2-77 et seq.) of Chapter 5 of Title 18.2, or (iii) any offense related to possession or distribution of any Schedule I, II, or III controlled substances to attend an alternative education program, including, but not limited to, night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.
This subsection shall not be construed to limit the authority of school boards to expel, suspend, or exclude students, as provided in §§
22.1-277.04,
22.1-277.05,
22.1-277.06,
22.1-277.07, and
22.1-277.2. As used in this subsection, the term "charged" means that a petition or warrant has been filed or is pending against a pupil.
G. Within one calendar month of the opening of school, each school board shall send to the parents or guardian of each student enrolled in the division a copy of the compulsory school attendance law and the enforcement procedures and policies established by the school board.
H. The provisions of this article shall not apply to:
1. Children suffering from contagious or infectious diseases while suffering from such diseases;
2. Children whose immunizations against communicable diseases have not been completed as provided in §
22.1-271.2;
3. Children under 10 years of age who live more than two miles from a public school unless public transportation is provided within one mile of the place where such children live;
4. Children between the ages of 10 and 17, inclusive, who live more than 2.5 miles from a public school unless public transportation is provided within 1.5 miles of the place where such children live; and
5. Children excused pursuant to subsections B and C of this section.
Further, any child who will not have reached his sixth birthday on or before September 30 of each school year whose parent or guardian notifies the appropriate school board that he does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically, or emotionally prepared to attend school, may delay the child's attendance for one year.
The distances specified in subdivisions 3 and 4 of this subsection shall be measured or determined from the child's residence to the entrance to the school grounds or to the school bus stop nearest the entrance to the residence of such children by the nearest practical routes which are usable for walking or riding. Disease shall be established by the certificate of a reputable practicing physician in accordance with regulations adopted by the Board of Education.
(Code 1950, § 22-275.1; 1952, c. 279; 1959, Ex. Sess., c. 72; 1968, c. 178; 1974, c. 199; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559; 1984, c. 436; 1989, c. 515; 1990, c. 797; 1991, c. 295; 1993, c. 903; 1996, cc. 163, 916, 964; 1997, c. 828; 1999, cc. 488, 552; 2000, c. 184; 2001, cc. 688, 820; 2003, c. 119; 2004, c. 251; 2006, c. 335.)
2409 2409
Student Services
TEACHER REMOVAL OF STUDENTS FROM CLASS
PURPOSE: To authorize teachers to remove students from class for disruptive behavior
Criteria for Removal
Students may be removed from class by a teacher provided the following conditions are met:
- the student’s behavior in class is disruptive and interrupts or obstructs the learning environment;
- removal of the student from class is necessary to restore a learning environment which is free from interruptions or obstructions;
- the teacher and/or administration have attempted interventions, the teacher having attempted not less than two interventions, calculated to curtail the student’s disruptive behavior and those interventions have failed;
- the teacher has filed with the principal/designee, not less than two previous disciplinary referrals describing the student’s disruptive behavior;
- written notice has been forwarded by the teacher to the student’s parent/guardian within 24 hours of each incident occurring in which the student’s disruptive behavior has given rise to a disciplinary referral being filed. The notice shall inform the parent/guardian of the opportunity to meet with the teacher and school principal/designee, concerning the student’s behavior. The notice shall also set forth potential consequences, including removal from class, should the disruptive behavior continue, as well as include copies of each disciplinary referral concerning the student and a description of the interventions employed by the teacher and/or administration;
- the teacher and administrator have met with the parent/guardian concerning the student’s misbehavior when such a meeting has been requested by the parent/guardian; and,
- upon the teacher’s removal of a student from class, the teacher shall direct the student to the principal/designee, accompanied by appropriate escort, and shall forward to the office a report describing the most recent incident, the action taken by the teacher, and any interventions taken prior to the incident, supported by copies of all notice and documentation provided to the parents/guardians concerning present and past incidents. The teacher shall provide written notice to the student’s parent/guardian of the removal from class of the student and shall include with the notice a copy of the report and any documentation set forth in provision 5 above.
Notwithstanding the above, teachers may continue to direct to the Principal for disciplinary action any student believed by the teacher to have violated Policy 2401, Code of Student Conduct.
Guidelines for Alternative Assignment and Instruction of Removed Students.
The principal/designee shall determine the appropriate placement of the student. The principal may exercise several options regarding the placement of a removed student including, but not limited to:
- assigning the student to a school based intervention program. (If the principal chooses this option, the teacher shall provide an appropriate educational plan for the instruction of the student and shall also evaluate all work and assignments undertaken by the student.);
- assigning the student to a school based alternative program including, but not limited to, one conducted by counseling personnel, such as peer mediation;
- assigning the student to another class and/or teacher (which may necessitate making other schedule changes);
- assigning the student to the principal’s office or study hall, if available. (If the principal chooses this option, the teacher shall provide an appropriate educational plan for the instruction of the student and shall also evaluate all work and assignments undertaken by the student.);
- suspending the student out of school and if appropriate, recommending to the superintendent, or his designee, the long-term suspension or expulsion of the student. If the principal determines that this option is appropriate, alternative instruction and assignment, if any, shall be provided according to board policy and in the case of students with disabilities, in accordance with applicable federal and state law.
- returning the student to class (see procedures below).
Procedure for the Student’s Return to Class.
The principal/designee, shall determine, after written or oral communication with the teacher, the duration of the student’s removal from class. The principal shall notify the teacher of any decision to return the student to class and when it is to occur.
If the teacher disagrees with the principal’s decision to return a student to class the teacher and principal shall discuss the teacher’s objection and the principal’s reason for returning the student.
The teacher, after meeting with the principal, may appeal the principal’s decision to the superintendent/designee within one school day. The appeal shall be in writing. All the disciplinary referrals and removal form(s) must accompany the appeal. After discussion with the principal and teacher or receiving their written comments, the decision of the superintendent/designee shall be final. The decision shall be made within two school days of the teacher’s appeal. During the appeal process, the student shall not be returned to class, unless it would offend the due process or substantive legal rights of the student, and the principal will determine an appropriate placement for the student.
Should a decision be made to return the student to class, the teacher and principal shall develop a plan to address future disruptive behavior, should it occur.
Other Provisions
The principal/designee shall ensure that students removed from class under this policy continue to receive an education in accordance with board policies.
Application of this policy to students with disabilities shall be consistent with federal and state law and regulations as well as board policy regarding students with disabilities.
Documented teacher deficiencies in classroom management shall be addressed in teacher evaluations pursuant to board policies and regulations and may be taken into account in decisions of the principal respecting return of the student to class.
This policy does not limit or restrict other policies, regulations or laws for maintaining order in the classroom, nor does it limit or restrict the authority of school division employees, including the principal, to apply such policies, regulations and laws.
Adopted: 06/24/08
2401 2401
Student Services
CODE OF STUDENT CONDUCT
PURPOSE: To establish standards of conduct for all students
The Code of Student Conduct is designed to define the basic rules and major expectations of students in the division schools. It is the responsibility of the board to adopt policy and regulations and the administration to issue regulations establishing rules of conduct for student behavior in order to protect the health, safety and welfare of its students. The school principal has the responsibility and authority to exercise reasonable judgment in enforcing this Code of Student Conduct.
The superintendent shall issue a Code of Student Conduct, which includes a range of penalties, for violation of any rule. Each parent/guardian has a duty to assist the school in enforcing the standards of student conduct and compulsory schoolattendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property, and supportive of individual rights.
The principal/designee may request the student's parent or parents, if both have legal and physical custody, to meet with the principal/designee to review the Code of Student Conduct and the parent/guardian's responsibility to participate with the school in disciplining the student and maintaining order, to ensure the student’s compliance with compulsory school attendance law, and to discuss improvement of the child's behavior, school attendance, and educational progress. The principal/designee should exercise reasonable judgment and consider the circumstances in determining the disciplinary action to be administered.
Students have the right to expect an educational environment in which they can strive to achieve their intellectual potential. Students are expected to attend school regularly, to be diligent in their studies, and to conduct themselves in such a way that the rights and privileges of others are not violated. Students are expected to accept and demonstrate the obligation of good citizenship to help prevent problems from happening and help solve problems if they occur.
The parent/guardian is expected to assume responsibility for the student's behavior and assist the school in enforcing the Code of Student Conduct and compulsory school attendance. The parent/guardian is also expected to maintain regular communication with school authorities, monitor and require daily attendance, and bring to the attention of the school authorities any problem that affects the student or other children in the school. It is the parent/guardian’s responsibility to notify the school of any unusual behavior pattern or medical problem that might lead to serious difficulties.
No suspended student shall be admitted to the regular school program until such student and parent have met with school officials to discuss improvement of the student's behavior, unless the school principal/designee determines that readmission, without parent conference, is appropriate for the student.
If a parent fails to comply with the requirements of this policy, the division may ask the Juvenile and Domestic Relations Court to proceed against the parent in accordance with the requirements of the Code of Virginia.
School Jurisdiction
Students are subject to corrective action/disciplinary action for any misconduct which is within the jurisdiction of the school.
The authority of the school over the conduct of students extends to the following:
- At all times when the student is on the grounds of any Stafford County Public School or other board property, whether it be before, during, or after school hours or hours of facility operation and whether or not the school or facility is presently used or occupied;
- At all times when the student is at the site of any school-related activity, function, or event, including those which occur off school grounds, whether or not the student is a spectator or participant;
- At all times when the student is at a school bus stop;
- At all times when the student is being transported on a school bus;
- At all times when the student is participating in a school sponsored field trip or is otherwise being transported by any means of conveyance as part of a school group to a school related activity;
- At such times as the student commits an act off school grounds which if committed on school grounds would be in violation of the Code of Student Conduct, the act has a nexus to the school, and, the act disrupts or is likely to disrupt the school environment;
- At such times as the student commits an act off school grounds which act leads to an adjudication of delinquency pursuant to VA Code §16.1-305.1 or a conviction for an offense listed in VA Code §16.1-260 or a charge that would be a felony if committed by an adult; and,
- In such circumstances as jurisdiction is extended to the school by federal, state, or local law, ordinance, or regulation.
Law Enforcement Notification
Unlawful acts which will lead to law enforcement notification and may lead to suspension from classes, exclusion from activities, or expulsion include but are not limited to:
- possession or use of alcohol, illegal drugs, including anabolic steroids, or drug paraphernalia;
- selling drugs;
- assault/battery;
- sexual assault;
- arson;
- intentional injury (bullying, fighting);
- theft;
- bomb threats, including false threats, against school personnel or school property;
- use or possession of explosives;
- possession of weapons or firearms;
- extortion, blackmail, or coercion;
- driving without a license on school property;
- homicide;
- burglary;
- sex offenses (indecent exposure, obscene phone calls, sodomy and child molestation);
- malicious mischief;
- shooting;
- any illegal conduct involving firebombs, explosive or incendiary devices or materials, hoax explosive devices or chemical bombs;
- stabbing, cutting or wounding;
- unlawful interference with school authorities including threats;
- unlawful intimidation of school authorities; and
- other unlawful acts including being an accessory to any of these or other unlawful acts.
Corrective Actions/Disciplinary Consequences
The following corrective actions/disciplinary consequences are among those available to the school administration for violation of the Code of Student Conduct. Each offense shall be considered fully in determining reasonable corrective actions/disciplinary consequences.
- Counseling
- Admonition/warning
- Reprimand
- Loss of privileges, including access to the School Division’s computer system
- Parental conferences
- Tasks or restrictions assigned by the principal or his designee
- Detention after school or before school
- Assignment to serve Saturday School
- Suspension from school-sponsored activities or events prior to, during, or after the regular school day
- In-school suspension
- Out-of-school suspension
- Community service
- Referral to an alternative education program
- Notify legal authority where appropriate
- Recommendation for expulsion
- Mandatory expulsion for bringing a firearm onto school property or to a school-sponsored activity or use or possession of a controlled substance, imitation controlled substance or marijuana, as defined in Chapter 34 of Title 54.1 and § 18.2-247 of the Code of Virginia on school property or at a school sponsored activity
- Evaluation for alcohol or drug abuse
- Participation in a drug, alcohol or violence intervention, prevention or treatment program
In compliance with the federal Improving America’s Schools Act of 1994 (Part F – “Gun-Free Schools Act of 1994”) and §22.1-277.07 of the Code of Virginia, the board shall expel from school attendance for a period of not less than one year any student whom the board has determined in accordance with the procedures set forth in §22.1-277, et seq. of the Code of Virginia to have possessed a firearm on school property or at a school-sponsored activity as prohibited by §18.2-308.1 of the Code of Virginia, or to have possessed a firearm or destructive device as defined in subsection E a firearm muffler or firearm silencer, or pneumatic gun as defined in subsection E of §15.2-915.4 of the Code of Virginia on school property or at a school-sponsored activity. The board may, however, determine, based on the facts of the particular case, that special circumstances exist and no disciplinary action or another term of expulsion is appropriate. The board authorizes the division superintendent/designee in accordance with the procedures set forth in §22.1-277, et seq. of the Code of Virginia to conduct a preliminary review and hearing of such cases to determine, based on the facts of the particular case whether special circumstances exist and whether any disciplinary action or another disciplinary action or another term of expulsion is appropriate and to impose such disciplinary measure.
In compliance with §22.1-277.08 of the Code of Virginia the board shall expel from school attendance any student whom the board has determined, in accordance with the procedures set forth in §22.1-277, et seq. of the Code of Virginia to have brought a controlled substance, imitation controlled substance, or marijuana as defined in §18.2-247 of the Code of Virginia onto school property or to a school sponsored activity. The board may, however, determine, based on the facts of the particular case, that special circumstances exist and another disciplinary action is appropriate. The board authorizes the division superintendent/designee, in accordance with the procedures set forth in §22.1-277, et seq. of the Code of Virginia to conduct a preliminary review and hearing of such cases to determine, based on the facts of the particular case whether special circumstances exist and whether another disciplinary action is appropriate and to impose such disciplinary measure.
The superintendent shall issue regulations listing additional actions which may be cause for corrective action and if serious enough or exhibited repeatedly may lead to suspension or expulsion.
The board shall biennially review the model student conduct code developed by the Board of Education to incorporate into policy a range of discipline options and alternatives to preserve a safe and non-disruptive environment for effective learning and teaching.
Adopted: 06/24/08
2401-R 2401-R
Student Services
CODE OF STUDENT CONDUCT
PURPOSE: To establish standards of student conduct, disciplinary consequences for violation of those standards, and reporting requirements
Acts for which students shall be disciplined, and the range of disciplinary actions which shall be imposed, (including suspension or expulsion) include, but are not limited to, the following:
- Absenteeism (including cutting of class), unexcused or excessive; Minimum of warning, including parent notification, to maximum of short-term suspension of 10 days or less. Additionally, a truancy matter shall be referred to attendance officer for investigation.
- Accusing another student falsely and intentionally; including falsely accusing another student of a violation of code of conduct; Minimum of warning to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Alcoholic beverages and imitation alcoholic beverages including nonalcoholic beer, possession, delivery, sale, distribution, manufacture, use, or being under the influence of alcohol, whether or not consumed on school grounds; and/or operating a motor vehicle on school property while in possession of or under the influence of alcohol; Minimum of long-term suspension for the remainder of the current school year, with the requirement that at least 45 days be served with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. The suspension of a first time Rule 3 violator, who is found to have been in possession of alcohol not aggravated by commission of other offenses, may be held in abeyance in the discretion of the superintendent/ designee provided that the student shall have successfully completed the Substance Abuse Intervention Program as an alternative to suspension. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
- Animals, birds, reptiles, snakes, insects, etc., possession of, except with permission of principal; Minimum of warning, including parent notification, to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Arson or attempted arson; Minimum of short-term suspension of 10 days, but not less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent, the Fire Marshall and Sheriff, with the potential for criminal charges being filed.
- Assault and battery or attempted assault; Minimum of short-term suspension of 10 days, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
- Bomb threat, or threat of other catastrophic event, by whatever means made, regardless of intent to carry out the threat; Minimum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year to a maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
- Bullying, including, but not limited to, a pattern of aggressive, intentional, and or deliberately hostile behavior and/or hurtful acts, words, or other behavior toward another person which may include: physical bullying such as assault and battery, punching, poking, strangling, hazing, hair pulling, beating, biting, excessive tickling; emotional bullying such as rejecting, shunning, terrorizing, extorting, defaming, humiliating, blackmailing, rating/ranking of personal characteristics such as race, disability, ethnicity, or perceived sexual orientation, manipulating friendships, isolating, ostracizing, and applying peer pressure, put downs, threatening looks, gestures, or actions, social isolation; verbal bullying such as hurtful name calling, teasing, gossip, rumors, false accusations, and cyber-bullying via electronic media; sexual bullying such as exhibition, voyeurism, sexual propositioning, sexual harassment, sexual abuse, and sexual assault; Minimum of short term suspension of 10 days or less to maximum of expulsion. Additionally the matter shall be reported to the Superintendent and may be reported to the Sheriff with the potential for criminal charges being filed.
- Bus, disruptive misbehavior on; defiance of bus driver; and/or failure to comply with rules pertaining to conduct on the bus and at the bus stop; Minimum of warning to maximum of long-term suspension of 11-180 days from bus and/or school with the balance of any days to be served carrying over to the succeeding school year.
- Bus passes, misuse of; Minimum of warning to maximum of long-term suspension of 11-180 days from bus and/or school with the balance of any days to be served carrying over to the succeeding school year.
- Cheating/attempting to cheat, conspiring/planning with others to cheat; and/or plagiarism; theft of examinations; Minimum of receiving no credit for the work and notifying the parent to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Computer violations including trespass, fraud, invasion of privacy, and theft of services; unauthorized use of school computer and/or computer network; removal of computer data, programs, software; alteration/destruction/erasure of computer data, programs, software; intentionally causing a computer and/or computer network to malfunction; use or duplication of software in violation of law or licensing requirements; unauthorized access to any portion of computer network, restricted programs and/or computer drives; unauthorized use of assigned computer passwords to gain access to computer and/or network; any unauthorized use of school computer code(s); failure to abide by acceptable use agreement; Minimum of short-term suspension of 10 days, or less, with the balance of any days to be served carrying over to the succeeding school year, and/or loss of computer and Internet privileges to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall also be reported to the Sheriff if the potential exists for criminal charges to be filed.
- Dangerous articles, firearms, pneumatic guns, knives, metal pipes, sharpened implements, clubs, tire irons, laser pens/laser pointers, cigarette lighters, combustibles, paintball pellets, darts, razors, bullets, devices which emit a shock, zip ties, etc., possession, display, and/or use of; and/or possession of jewelry or chains which present a danger to self or others; prohibition of those items set forth herein is subject to those exceptions set forth in the Code of Virginia; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall also be reported to the Sheriff, with the potential for criminal charges being filed, if the possession or use is of an item prohibited by Virginia Code. Use or possession of a weapon as defined by the Virginia Code Sections 22.1-277.07, 22.1-277.07:1, 18.2-308, and 18.2-308.1, subject to those exceptions set forth in the law, shall require a hearing before the Superintendent, or his designee, and may require a hearing before the Stafford County School Board, which shall consider the matter for expulsion of not less than one calendar year unless the board, or the Superintendent or his designee, shall determine that based on the facts of a particular situation that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate.
- Defacing, vandalizing and/or destruction of school property or property of another (includes writing on walls, etc.); Minimum of detention with the balance of any days to be served as the result of suspension carrying over to the succeeding school year to maximum of expulsion. Additionally, the matter may be reported to the Superintendent and/or Sheriff. Restitution for repairs may be sought.
- Detention, failure to report to; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-20 days.
- Detention, refusal of; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Dice shooting (whether or not gambling); Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Disobedience and/or defiance of administrator, teacher, other staff member, chaperone or law enforcement official; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Disrespectful behavior toward administrator, teacher, other staff member, chaperone, law enforcement official, or other persons including students; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Disruption of school, including disruption of class, testing, study, activity and/or instruction; Minimum of warning with the balance of any days to be served as a result of suspension carrying over to the succeeding school year to maximum of expulsion.
- Dress code, violation of; Minimum of being required to change attire or being sent home to maximum of short-term suspension of 10 days or less.
- Electronic and wireless devices, including CD players, hand-held electronic games, cassette players, headphones, video cameras, etc. possession and/or use of unless authorized by the school administration; Minimum of warning, including parent notification, to maximum of short-term suspension of 10 days or less.
- Extortion or attempted extortion, and/or intimidation; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year to maximum of expulsion.
- Facilitating the violation of any rule of the Code of Conduct by another student, including, but not limited to, assisting in the planning or commission of an offense, and/or acting as a “lookout” who may warn students committing, or intending to commit an offense, of the approach, presence, or whereabouts, of school officials, law enforcement officers, or other persons, including students, who may otherwise detect such offense; Minimum of short-term suspension of 10 days or less to maximum of expulsion. Additionally the matter shall be reported to the Superintendent and may be reported to the Sheriff with the potential for criminal charges being filed.
- Failure to pick up trash or return tray in cafeteria; littering of school property; Minimum of warning to maximum of short-term suspension of 3 days or less.
- Failure to report to office as directed; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Fighting, pushing, shoving, other inappropriate physical contact, and/or physical confrontation; instigating or promoting that conduct set forth herein; and/or verbal confrontation which is likely or intended to cause a physical confrontation; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and may be reported to the Sheriff.
- Fire alarm and/or fire extinguisher activation without just cause; false alarm including calling 9-1-1, school officials, law enforcement, fire department, or any person, to falsely indicate an emergency of any nature; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent, Fire Marshall and Sheriff with the potential for criminal charges being filed.
- Fireworks or other explosives including gunpowder, black powder, chemicals and materials which may be combined to manufacture such item, combustibles, possession, distribution, manufacture, use or lighting of; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent, Fire Marshall and Sheriff with the potential for charges being filed. Use or possession of an explosive or destructive device as defined in Va. Code, Sections 22.1-277.07, 22.1-277.07:1, 18.2-308, and 18.2-308.1, shall require a hearing before the Superintendent, or his designee, and may require a hearing before the Stafford County School Board, which shall consider the matter for expulsion of not less than one calendar year unless the board, or the Superintendent or his designee, shall determine that based on the facts of a particular situation that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate.
- Forgery of notes or passes, report cards, currency, etc., including passing, presentation, and uttering of such items (the school does not accept written instruments signed by the student on behalf of the parent/guardian or those wherein the student signs the parent’s name); Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Gambling, and/or promotion of gambling; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Gang activity, including but not limited to wearing or other display of gang colors, emblems, symbols, etc., including tattoos on hand or body; solicitation, initiation and/or hazing of any person; meeting and/or conspiring for purpose of planning or carrying out any illegal activity; intimidation, threat and/or extortion of any person; carrying out at the direction of a gang or gang member, or in association with another gang member, any activity in violation of law or of the Student Code of Conduct; defacing of school or personal property with gang graffiti and/or colors; Minimum of warning with the balance of any days to be served as the result of suspension carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
- Harassment, and/or hazing, by any means whatsoever, including via electronic media; Minimum of short-term suspension of 10 days or less to maximum of expulsion. VA Code §18.2-56 provides that it is unlawful to haze so as to cause bodily injury to any student at any school, and further provides in the case of conviction of such offense as a Class 1 misdemeanor that a penalty be imposed of confinement in jail for not more than 12 months and a fine of not more than $2500.00, either or both.
- Horseplay, including rowdy, rough, or disorderly conduct and, running in the halls; and/or driving on school property in an unsafe manner; Minimum of warning to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
- Leaving class or other area without administrator’s, teacher’s or other staff member’s permission; Minimum of detention to maximum of short-term suspension of 10 days or less.
36. Leaving school grounds without proper authorization; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
37. Loitering on school property, including halls, restrooms, and parking lots; Minimum of warning to maximum of short-term suspension of 10 days or less.
38. Loitering in or about vehicles in school parking lots or on streets; Minimum of warning to maximum of short-term suspension of 10 days or less.
39. Lying/falsehood; Minimum of warning to maximum of short-term suspension of 10 days or less.
40. Mace, pepper spray, or like substance, possession and/or use of; Minimum of short-term suspension of 10 days to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
41. Misuse of school property or property of others; Minimum of detention to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding year. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
42. Molesting others; Minimum of short-term suspension of 10 days or less to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and to the Sheriff with the potential for criminal charges being filed.
43. Obscene language or gestures, including “mooning” and/or other indecent exposure, use of; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year. Additionally, the matter shall be reported to the Superintendent and may be reported to the Sheriff with the potential for criminal charges being filed.
44. Obscene writings, pictures, or articles; pornographic materials; including creating, displaying, viewing, possessing, and/or distribution of such items; Minimum of short-term suspension of 10 days, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall also be reported to the Sheriff if the potential exists for criminal charges to be filed.
45. Pager, cellular phone, PDA, or like device, use or display of in the school building or on school grounds during the school day or any use or display at any time while on a school bus; “use” shall be defined as the device being turned on or otherwise activated whether or not sending or receiving a call, message, or other communication, or using any feature of the device including but not limited to games, camera, instant text messaging, etc.; “display” shall be defined as possession in such manner that any portion of said device is visible to others; “school day” shall be defined for purposes of this rule as commencing from the time students enter the building until school dismissal. Additionally, use or display of such device shall not be permitted in any testing or instructional setting including before or after the school day; Minimum of short-term suspension of 10 days or less to a maximum of expulsion.
46. Participating in and/or instigating a riot; Minimum of short-term suspension of 10 days but not less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and the Sheriff with the potential for criminal charges being filed.
47. Possessing, consuming, using, distributing, intending to sell, selling, manufacturing, giving, attempting to sell, or being under the influence of a controlled substance other than an alcoholic beverage whether or not the substance shall have been consumed on school grounds, including anabolic steroids, an imitation controlled substance and other lookalikes (placebos), marijuana, lookalike/imitation marijuana; illegal drugs, intoxicants other than an alcoholic beverage, inhalant intoxicants; possessing, distributing, intending to sell, selling, or attempting to sell drug paraphernalia on school property, including the parking lot, on the bus, at the bus stop, or while engaged in or attending any school activity or in any manner so as to endanger the well-being of students or staff or any other type of substance abuse; consuming a controlled substance within four hours prior to coming on to school grounds whether or not under the influence of that substance; soliciting the possession, sale, or distribution, of a controlled substance, lookalike, drug paraphernalia, or other prohibited item set forth herein; and/or operating a motor vehicle on school property while in possession of or under the influence of a controlled substance; Minimum of long-term suspension for the remainder of the current school year, with the requirement that at least 45 days be served with the balance of any days to be served carrying over to the succeeding school year to maximum of expulsion. A hearing before the Superintendent, or his designee, shall be required. Additionally, the matter shall be reported to the Sheriff with the potential for criminal charges being filed. A hearing before the Stafford County School Board for consideration of expulsion shall be required as to any student determined by the Superintendent, or his designee, to have brought a controlled substance, imitation controlled substance, or marijuana onto school property or to a school sponsored activity unless the Superintendent or his designee shall have determined that special circumstances exist and a disciplinary action other than expulsion is appropriate. In compliance with Va. Code Section 22.1-277.08 the Stafford County School Board shall expel from school attendance any student whom the board determines has brought a controlled substance, imitation controlled substance, or marijuana onto school property or to a school-sponsored activity, unless the board or the Superintendent or his designee, shall determine, based on the facts of the particular case, that special circumstances exist and another disciplinary action is appropriate.
48. Possession, consumption, use, distribution, attempted distribution of prescription medications, over-the-counter, non-prescription medications, supplements, and/or look-alikes; and/or soliciting the possession, sale, or distribution of any item set forth herein; Minimum of warning, including parent notification with the balance of any days to be served as the result of suspension carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and may be reported to the Sheriff with the potential for criminal charges being filed.
49. Profane or abusive language, use of; Minimum of detention, with the balance of any days to be served as the result of suspension carrying over to the succeeding school year to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and may be reported to the Sheriff with the potential for criminal charges being filed.
50. Publication and/or distribution of unauthorized materials including newspapers, letters, flyers and posters, e-mail, or other medium; Minimum of warning to maximum of short-term suspension of 10 days or less.
51. Refusal to follow directions of administrator, teacher other staff member, chaperone, or law enforcement official; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension for the remainder of the current school year.
52. Refusal to identify oneself properly; Minimum of warning to maximum of long-term suspension for the remainder of the current school year.
53. Removal of food from cafeteria; Minimum of warning to maximum of short-term suspension of 10 days or less.
54. Rude behavior to others; Minimum of warning to maximum of short-term suspension of 10 days or less.
55. School campus traffic offenses, including, but not limited to, unsafe operation of a vehicle; and/or failure to obey those rules necessary to obtain a school parking sticker; Minimum of warning to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year.
56. Sexual harassment, including, but not limited to making unwanted sexual advances, engaging in unwanted and inappropriate physical touching, making requests for sexual favors, making sexually derogatory remarks, and/or engaging in other verbal or physical conduct which is inappropriate, unsolicited, and/or offensive; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall be reported to the Sheriff with the potential for criminal charges being filed if the act is believed to be criminal.
57. Sexual offenses, including inappropriate public display of affection, consensual sex, indecent exposure, rape, attempted rape, nonconsensual physical contact, proposition to engage in a sexual act, inappropriate physical touching whether consensual or nonconsensual; Minimum of warning, with the balance of any days to be served as the result of suspension carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall be reported to the Sheriff with the potential for criminal charges being filed if the act is believed to be criminal.
58. Smoking or using tobacco; and the possession of any tobacco product regardless of age of student; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension for the remainder of the current school year. Additionally, the matter shall be reported to the Superintendent and to the Sheriff.
59. Sleeping in class; Minimum of warning to maximum of short-term suspension of 10 days or less.
60. Tardiness, unexcused or excessive; Minimum of warning to maximum of short-term suspension of 10 days or less.
61. Trespassing on school property, including the parking lot; including trespass by students while suspended or expelled; Minimum of short-term suspension of 10 days or less to maximum of long-term suspension of 11-180 days with the balance of any days to be served carrying over to the succeeding school year. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
62. Theft, attempted theft, robbery, attempted robbery, possession of and/or receiving stolen property; Minimum of short-term suspension of 10 days or less with the balance of any days to be served as the result of suspension carrying over to the succeeding school year to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
63. Threatening bodily harm or property damage, regardless of intent to actually harm or damage any person or property; Minimum of short-term suspension of 10 days or less with the balance of any days to be served as the result of suspension carrying over to the succeeding school year to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
64. Threatening actions, conduct, language and/or gestures, regardless of intent to actually harm or damage any person or property, including, but not limited to, bullying, stalking, and/or other intimidation including via electronic media; Minimum of short-term suspension of 10 days or less to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed. Pursuant to VA Code §22.1-279.3:1, except as may be prohibited by federal law, regulation, or jurisprudence, principals shall report incidents of stalking to the parents of the minor student who is the target.
65. Truancy from school; Minimum of warning including parent notification, to maximum of short-term suspension of 10 days or less. Additionally, the matter shall be referred to attendance officer for investigation.
66. Unauthorized entry into restricted areas; Minimum of detention to maximum of long-term suspension for remainder of current school year.
67. Use, display, or possession of any firearm, pneumatic gun, knife, other weapon, whether armed or disarmed, or lookalike, on or near school property, including the parking lot, on the bus, at the bus stop, or while engaged in or attending any school activity unless part of the curriculum, including the use or possession of explosives or destructive devices. Weapons include, but are not limited to, any gun or object designed to propel a missile of any kind including bows, any knife having a blade of three inches or longer, any dirk, bowie knife, switchblade, ballistic knife, razor, slingshot, spring stick, metal/plastic knucks, blackjack, any stun weapon or taser; any flailing instrument consisting of two or more rigid parts that can be swung freely (such as a nunchuck or fighting chain); any object with points or pointed blades; any imitation weapon or lookalike, including, but not limited to toy guns, etc.; or any object (including imitation or lookalike) used with the intent of threatening or harming an individual; prohibition of those items set forth herein is subject to those exceptions set forth in the Code of Virginia; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and shall be reported to the Sheriff with the potential for criminal charges being filed. Use or possession of a weapon as defined by the Virginia Code, Sections 22.1-277.07, 22.1-277.07:1, 18.2-308, subject to those exceptions set forth in the law, and 18.2-308.1, shall require a hearing before the Superintendent, or his designee, and may require a hearing before the Stafford County School Board. In compliance with Va. Code Section 22.1-277.07 and the federal “Gun Free Schools Act of 1994” the Stafford County School Board shall expel from school attendance for not less than one calendar year any student whom the board determines has brought onto school property or to any school-sponsored activity, a firearm or other weapon as defined by the Va. Code, Sections 22.1-277.07, 22.1-277.07:1, 18.2-308, and 18.2-308.1, subject to those exceptions set forth in the law, unless the board, or the Superintendent or his designee, shall determine based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate.
68. Verbal abuse/cursing and/or other verbal confrontation including, but not limited to, abuse or harassment based upon race, creed, gender, national origin, sexual orientation, disability, or which is intended to or likely will incite a physical confrontation; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
69. Violence, acts of; Minimum of short-term suspension of 10 days or less, with the balance of any days to be served carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter shall be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
70. Walkouts; Minimum of short-term suspension of 10 days or less to long-term suspension for the remainder of the current school year. Additionally, the matter shall be reported to the Superintendent and Sheriff.
71. Any violation of this handbook, including a continued disregard of the Student Code of Conduct, or the policies and regulations of the school board, or local, state or federal law; Minimum of warning, with the balance of any days to be served as the result of suspension carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter may be reported to the Superintendent and Sheriff with the potential for criminal charges being filed; and
72. Any other conduct considered by principal to be disruptive, disrespectful, threatening, and/or presenting an immediate danger to the welfare, health, and safety of any person; Minimum of warning, with the balance of any days to be served as the result of suspension carrying over to the succeeding school year, to maximum of expulsion. Additionally, the matter may be reported to the Superintendent and Sheriff with the potential for criminal charges being filed.
CONSEQUENCES OF SUSPENSION/EXPULSION
A suspended/expelled student shall be excluded from entry upon any and all board property, including each of the division schools and buses, for the duration of the suspension/expulsion period. A suspended/expelled student shall not participate in or attend any school activity of any kind including, but not limited to, academic, athletic and extracurricular activities such as band, debate, drama, field trip, graduation ceremony, dance including junior and senior prom, and athletic practice, games, contests, and/or events. Nor may a student attend nonschool related activities and events on board property during the period of suspension/expulsion except with the written consent of the superintendent/designee. The period that a student is suspended out of school shall not terminate prior to readmission of the student to school on the day established by the principal, or other school official, for return to school.
REPORTING REQUIRMENTS
Principals are required to report students to the superintendent/designee for the following offenses:
1. Any attempted or actual physical injury, including “unlawful woundings,” maimings, and homicides, other than involuntary manslaughter, committed by a student on school personnel;
2. The assault, assault and battery, sexual assault, death, shooting, stabbing, cutting, or wounding of any person on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
3. Any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
4. Any threats against school personnel while on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
5. The illegal carrying of a firearm (including those defined in Sections 22.1-277.07, 22.1-277.07:1, 18.2-308, and 18.2-308.1 of the Virginia Code) onto school property, including the parking lot, onto the bus, or to the bus stop;
6. Arson or attempted arson;
7. Destruction or damaging of school property or property of another;
8. Extortion or attempted extortion, harassment, and intimidation;
9. Fireworks or other explosives;
10. Sex offenses;
11. Participating in a riot;
12. Theft;
13. Gang activity;
14. Use or possession of any object (including imitation or lookalike) used with the intent of threatening or harming an individual.
The principal and/or designee shall report to local law enforcement officials all incidents occurring on school property, including the parking lot, on the school bus, and at the bus stop involving:
1. Any attempted or actual physical injury, including “unlawful woundings,” maimings, and homicides, other than involuntary manslaughter, committed by a student on school personnel;
2. The assault, assault and battery, sexual assault, death, shooting, stabbing, cutting, or wounding of any person on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
3. Any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
4. Any threats against school personnel while on a school bus, on school property, at the bus stop, including the parking lot, or at a school-sponsored activity;
5. The illegal carrying of a firearm (including those defined in Sections 22.1-277.07, 22.1-277.07:1, 18.2-308, and 18.2-308.1 of the Virginia Code) onto school property, including the parking lot, onto the bus, or to the bus stop;
6. Possession and/or use of tobacco and smokeless tobacco products by students under the age of 18;
7. Bomb threats;
8. Extortion;
9. Possession of weapons;
10. Property crimes (arson, burglary, theft, vandalism);
11. Robbery;
12. Runaways;
13. Sex offenses (indecent exposure, obscene phone calls, rape, sodomy, and child molestation);
14. Threats to do bodily harm;
15. Trespassing;
16. Use of abusive or profane language.
The principal and/or designee shall notify the parent of any student involved in the following incidents regardless of whether disciplinary action is taken against each student or the nature of the disciplinary action. Such notice shall only relate to the relevant student’s involvement and shall not include information concerning other students:
1. Any attempted or actual physical injury, including “unlawful woundings,” maimings, and homicides, other than involuntary manslaughter, committed by a student on school personnel;
2. The assault, assault and battery, sexual assault, death, shooting, stabbing, cutting, or wounding of any person on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
3. Any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
4. Any threats against school personnel while on a school bus, at the bus stop, on school property, including the parking lot, or at a school-sponsored activity;
5. The illegal carrying of a firearm onto school property, including the parking lot, onto the school bus, or to the bus stop.
Adopted: 06/24/08
Amended by School Board: 06/09/09
2403 2403
Student Services
STUDENT SUSPENSIONS AND EXPULSIONS
PURPOSE: To establish procedures for student discipline
Suspensions of Ten Days or Less
1. For each separate offense of the Code of Student Conduct students may be suspended from school and/or the bus for up to and including ten (10) consecutive school days by the principal/designee. Additionally, the principal/designee may recommend to the superintendent/designee that the student be expelled or suspended for a period greater than ten (10) school days.
2. Prior to imposing any suspension, the principal/designee must inform the student of the charges. If the student denies the charges, explanation of the facts as known to school personnel must be given to the student with an opportunity for rebuttal. If deemed necessary, the principal/designee may conduct a further investigation.
3. A copy of the Code of Student Conduct shall be sent to all parents within one calendar month of the opening of school and upon request students and parents/guardians shall be provided with an additional copy or the applicable provision thereof.
4. Students whose presence poses a continuing danger to persons or property or an ongoing threat of disruption may be removed from school immediately. The notice of charges, explanation of facts with an opportunity for rebuttal shall be provided as soon as practicable thereafter.
5. Upon suspension from school of any student, the principal/designee shall state the basis of the suspension in writing to the superintendent/designee and to the student’s parent or guardian within two (2) working days.
6. Upon written request, of the parent, guardian or adult student, the superintendent/designee, shall in a hearing review the action taken and confirm, disapprove, and/or modify such actions based on an examination of the record of the student’s behavior and such other evidence as may be appropriate as determined by the superintendent/designee. Such written request must be filed with the superintendent/designee, or the school principal within three (3) school days of the notice of suspension being given to the student or the right to a review by the superintendent/designee, shall be waived. Pending appeal to the superintendent/designee, the student may continue to attend school unless the student shall be found by the principal to be a continuing danger to self, other students, staff, and/or property, or to present an ongoing threat of disruption within the school. Failure of the parent, guardian, or adult student to make themselves available for a hearing within fifteen school days of submission of the appeal shall result in a waiver of the right to appeal and the suspension given the student at the school level shall be imposed.
7. The decision of the superintendent/designee to suspend a student for up to and including five (5) consecutive school days is final and is not subject to appeal.
8. The superintendent’s/designee’s decision, to suspend a student for six (6) consecutive school days up to and including ten (10) consecutive days, may be appealed to the board. Such appeal must be in writing and must be filed with the superintendent/designee, within five (5) school days of receiving the written decision of the superintendent/designee. Failure to file a written appeal within the specified time shall constitute a waiver of the right to appeal. The board, or a committee thereof, will consider the appeal upon the record of the suspension, and such other evidence as it may determine to be appropriate at its next available regularly scheduled meeting, or if determined appropriate by the chairman for reasons of scheduling at a special meeting of the board. Pending appeal to the board the student may continue to attend school, unless the student shall have been found by the principal, which finding is confirmed by the superintendent/designee to be a continuing danger to self, other students, staff, and/or property, or to present an ongoing threat of disruption within the school.
9. Written notice to the parent/guardian shall be included in the initial letter of student suspension and in any subsequent letter of student suspension arising out of the appeal of such matter, that indicates the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs, other educational options, and of the student's right to return to regular school attendance upon the expiration of the suspension.
Suspensions in Excess of Ten Days
1. The board and the superintendent/designee may suspend students from school and/or the bus in excess of ten (10) consecutive school days after the student and his/her parent or guardian have been provided written notice of the proposed action and the reason therefore and of the right to a hearing. The superintendent/designee is authorized to suspend a student for a period of up to and including 180 school days.
2. In any case in which a student has been suspended by the superintendent/designee, in excess of ten (10) consecutive school days, the adult student or a student’s parent or guardian may appeal the decision to the board. Such appeal must be in writing and must be filed with the superintendent/designee, within seven (7) calendar days of receiving the written suspension decision. Failure to file a written appeal within the specified time shall constitute a waiver of the right to appeal. The board will consider the appeal upon the record of the suspension hearing, and such other evidence as it may determine to be appropriate, within thirty (30) calendar days of the appeal being received by the superintendent/designee. Pending appeal the student may continue to attend school unless the student shall have been found by the principal, which finding is confirmed by the superintendent/designee, to be a continuing danger to self, other students, staff and/or property, or to present an ongoing threat of disruption within the school.
3. The chairman of the board may elect to appoint a committee of the board composed of at least three members to hear disciplinary matters calling for the suspension of a student for six (6) consecutive school days or more which come to the board on appeal. A unanimous decision of the committee of the board shall be a final decision and is not subject to further appeal. The adult student, or a student’s parent, or guardian, may appeal the committee’s decision to the full board if the decision is not unanimous. Such appeal shall be decided by the board within thirty days. The appeal must be in writing and must be filed with the superintendent/designee, within five (5) calendar days of receiving written notice of the committee’s decision. Failure to file a written appeal within the specified time shall constitute a waiver of the right to appeal.
4. Written notice to the parent/guardian shall be included in the letter of student suspension for greater than ten days that indicates the length of the suspension, and provides information regarding the availability of community-based educational, alternative education, or intervention programs. Such notice shall also state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the board during or upon the expiration of the suspension.
Expulsions
Only the board or a committee thereof exercises the authority to expel a student. An expulsion shall result in removal of the student from the regular school program for one calendar year or greater except as may otherwise be determined by the board or a committee thereof.
1. The principal/designee may recommend to the superintendent/designee that a student be expelled and shall notify the parent/guardian in writing of the proposed recommendation and include the following:
a. the reason for the recommendation of expulsion;
b. the right of the adult student or a student’s parent or guardian to a hearing before the superintendent/designee, who will make a decision whether or not to forward the recommendation for expulsion to the members of the board or to impose a lesser sanction; and
c. the right to inspect during regular school hours the student’s school records.
2. If the principal’s recommendation of expulsion is upheld by the superintendent/designee, a hearing shall be conducted by the board or a committee thereof. Determination as to whether a committee of the board shall consider the matter shall be within the discretion of the chairman. The superintendent/designee will provide the adult student or the student’s parent or guardian written notice concerning the date, time and location of the hearing before the board or its committee.
3. In the case of expulsion hearings conducted by committee, the committee shall be composed of at least three board members. A unanimous decision of the committee of the board shall be a final decision and is not subject to appeal. The adult student, or a student’s parent/guardian may appeal the committee’s decision to the full board if the decision is not unanimous. Such appeal shall be decided by the board within thirty days. The appeal must be in writing and must be filed with the superintendent/designee, within five (5) calendar days of receiving written notice of the committee’s decision. Failure to file a written appeal within the specified time shall constitute a waiver of the right to appeal.
4. Written notice shall be given to the student’s parent/guardian or adult student of an expulsion and shall include notification of the length of the expulsion and the availability of community-based educational, training, and intervention programs. Such notice shall state further whether or not the student is eligible to return to regular school attendance, or to attend an appropriate alternative education program approved by the board, or an adult education program offered by the division, during or upon the expiration of the expulsion, and the terms or conditions of such re-admission. If the board determines that the student is ineligible to return to regular school attendance or to attend during the expulsion an alternative education program or an adult education program in the division, the written notice shall also advise the parent/guardian or adult student of the right to petition the board for readmission to be effective one calendar year from the date of the expulsion, and of the conditions, if any, under which re-admission may be granted.
5. Upon written request of the student’s parent/guardian or adult student, and after one calendar year from the date of the incident giving rise to the expulsion, the board or committee thereof shall review upon the record the expulsion status of the student and confirm, disapprove, or modify the expulsion as it determines to be appropriate. If the committee denies such request the parent/guardian or adult student may petition the board for review of such denial.
Hearing Procedure
- The procedure for a hearing conducted by the full board, or a committee thereof, which hearing concerns expulsion, or appeal of a decision to suspend a student for six (6) or more consecutive school days, shall be as follows:
- The board, or committee, shall determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing. The hearing shall be in closed session unless otherwise determined by the board.
- The board, or committee, shall ask for opening statements from the superintendent/designee, or representative, and the adult student or the student’s parent or guardian (or their representative) and, at the discretion of the board, or committee, may allow closing statements.
- The parties shall then present evidence. The superintendent/designee has the burden of proof and shall present evidence first. Witnesses may be questioned by board, or committee, members and by the parties (or their representative). The board, or committee, may, at its discretion, vary this procedure, but it shall afford full opportunity to both parties for presentation of any material or relevant evidence and shall afford the parties the right of cross-examination of witnesses giving testimony at the hearing.
- A party shall produce such additional evidence as it deems necessary and/or appropriate. The board, or committee, shall be the judge of the relevancy and materiality of the evidence and shall attach such weight to the evidence as it determines is appropriate.
- Exhibits offered by the parties may be received in evidence by the board, or committee, and, when so received, shall be marked and made part of the record.
- The board, or committee, may, by majority vote, uphold, reject or modify the recommendation and/or decision of the superintendent/designee.
· The board, or committee, shall communicate its decision, to the student, his/her parent or guardian, and to the superintendent/designee.
Suspension for More than Ten School Days or Expulsion of a Disabled Student Receiving Special Education Services
When a disabled student receiving special education services is considered for suspension of more than ten school days or for expulsion, the principal shall promptly refer the case to the Director of Special Programs.
The Director of Special Programs shall ensure that a determination is made by a group of specialized, knowledgeable persons pursuant to the special education change of placement procedures of whether or not the student’s current educational placement is correct, and, if it is correct, whether there is a direct causal relationship between the child’s disability and the misconduct. If the educational placement is found to be incorrect, the appropriate placement will be determined. If the educational placement is correct, and provided that no direct causal relationship is found, the student shall be subject to regular disciplinary measures.
Adopted: 06/24/08
2417 2417
Student Services
SEARCH AND SEIZURE
PURPOSE: To establish procedures for search and seizure
To maintain order and discipline in the schools and to protect the health, safety and welfare of students and school personnel, school authorities may search a student, student lockers or student automobiles under the circumstances outlined below and may seize any illegal, unauthorized, or contraband materials discovered in the search.
As used in this policy, the term "unauthorized" means any item dangerous to the health or safety of students or school personnel, or disruptive of any lawful function, mission or process of the school, or any item described as unauthorized in school rules available beforehand to the student.
Student desks and lockers are the property of the school, and may be used for the storage of permitted student belongings only. School officials retain locker combinations and reserve the right to search desks and lockers as well as to open lockers at any time for repairs. A general search of lockers or desks may be conducted to repossess school property or to locate illegal materials. A random, systemic, non-selective search of student classrooms, desks, lockers or automobiles may be conducted by school officials in accordance with a pre-determined search formula. Students are responsible for the content of their assigned locker at all times. The student's individual right to privacy and freedom from unreasonable search and seizure is balanced by the school's responsibility to protect the health, safety, and welfare of all persons within the school community. Should illegal materials be found during a search, law enforcement officials shall be notified.
The locations at which searches of students and student property may be conducted are not limited to the school building or school property, but may be conducted wherever the student is involved in a school-sponsored function.
Personal Searches
A student's person and/or personal effects (e.g. purse, book bag, etc.) may be searched by a school official whenever the official has reasonable suspicion to believe that the student has violated or is about to violate the law or a school rule and that the search will yield evidence of the violation.
A personal search may include requiring a student to be scanned with a metal detector.
A pat down search of a student may only be conducted if a school administrator has established a high level of reasonable suspicion that evidence will be found to corroborate suspicion that a law or school rule has been broken. 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 and with an adult witness of the same sex present.
Strip searches may only be used when an extremely serious situation exists requiring immediate action. Such a search should be used only in the context of imminent threat of death or great bodily injury to a person or persons. If a strip search is necessary the school official should contact the appropriate law enforcement official, and the search should be conducted by a sworn law enforcement officer of the same sex, in the presence of a same sex adult witness.
School officials may only conduct a strip search in cases where it is necessary to avoid the imminent threat of death or great bodily injury to the student or another person. If a strip search must be conducted by a school official, it must be by a same sex official with a same sex adult witness, and the school official must have the prior approval of the superintendent/ designee, unless the health or safety of the student is endangered by the delay.
Locker Searches
Student lockers are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers and are responsible for the content of their assigned locker at all times. Periodic general inspections of lockers may be conducted by school authorities for any reason at any time without notice, without student consent, and without a search warrant.
Automobile Searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of student parking lots and inspections of the exteriors of student automobiles on school property. The interiors of student vehicles may be inspected whenever a school official has reasonable suspicion to believe that the student has violated or is about to violate the law or a school rule and that the search will yield evidence of the violation, or that illegal or unauthorized materials or other evidence of illegal or otherwise prohibited activities are contained inside the automobile. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.
Computer Searches
School computers, software and internet access are school property. Students are only authorized to use school computers and other similar educational technology consistent with the educational mission of the school. School officials may search school computers, software and internet access records at any time for any reason and without student consent.
Consent Searches
If a student gives a school official consent for a search the school official does not need to demonstrate reasonable suspicion. A student’s consent is only valid if given willingly and with knowledge of the meaning of consent. Students should be told of their right to refuse to be searched, and students must not perceive themselves at risk of punishment for refusing to grant permission for the search.
Seizure of Illegal Materials
If a properly conducted search yields illegal or contraband materials, such findings shall be turned over to proper legal authorities for ultimate disposition.
Adopted: 06/24/08
2402 2402
Student Services
SEXUAL HARASSMENT/HARASSMENT BASED ON RACE, NATIONAL ORIGIN, DISABILITY AND RELIGION
PURPOSE: To prohibit sexual harassment and harassment based on race, national origin, disability or religion of any student
The board is committed to maintaining a learning/working environment free from sexual harassment and harassment based on race, national origin, disability or religion. Therefore, Stafford County Public Schools prohibits sexual harassment and harassment based on race, national origin, disability or religion of any student at school or any school sponsored activity.
It shall be a violation of this policy for any student or division personnel to harass a student sexually, or based on race, national origin, disability or religion. Further, it shall be a violation of this policy for any division personnel to tolerate sexual harassment or harassment based on a student’s race, national origin, disability or religion by students, division personnel or third parties participating in, observing or otherwise engaged in school sponsored activities.
For the purpose of this policy, division personnel includes board members, school employees, or other persons subject to the supervision and control of Stafford County Public Schools.
Stafford County Public Schools shall:
- promptly investigate all complaints, written or verbal, of sexual harassment and harassment based on race, national origin, disability or religion;
- promptly take appropriate action to stop any harassment; and
- take appropriate action against any student or division personnel who violates this policy and take any other action reasonably calculated to end and prevent further harassment of students.
Definitions
Sexual Harassment - Consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
- submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining education; or
- submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting that individual’s education; or
- that conduct or communication substantially or unreasonably interferes with an individual’s education, or creates an intimidating, hostile or offensive educational environment (i.e. the conduct is sufficiently serious to limit a student’s ability to participate in or benefit from the educational program).
Examples of conduct which may constitute sexual harassment if it meets the immediately preceding definition include:
· unwelcome sexual physical contact
· unwelcome ongoing or repeated sexual flirtation or propositions, or remarks.
· sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.
· graphic comments about an individual’s body.
· sexual jokes, notes, stories, drawings, gestures or pictures.
· spreading sexual rumors.
· touching an individual’s body or clothes in a sexual way.
· displaying sexual objects, pictures, cartoons or posters.
· impeding or blocking movement in a sexually intimidating manner.
Harassment Based on Race, National Origin, Disability or Religion – Consists of physical or verbal conduct relating to an individual’s race, national origin, disability or religion when the conduct:
· creates an intimidating, hostile or offensive educational environment; or
· substantially or unreasonably interferes with an individual’s education; or
· otherwise is sufficiently serious to limit a student’s ability to participate in or benefit from the education program.
Examples of conduct which may constitute harassment based on race, national origin, disability or religion if it meets the immediately preceding definition include:
· graffiti containing racially offensive language.
· name calling, jokes or rumors.
· physical acts of aggression against a person or his property because of that person’s race, national origin, disability or religion.
· hostile acts which are based on another’s race, national origin, religion or disability.
· written or graphic material which is posted or circulated and which intimidates or threatens individuals based on their race, national origin, disability or religion.
Complaint Procedure
Complaints may be filed by a student and/or parent pursuant to the following procedure:
STEP 1: Complaints are to be reported to the principal or guidance counselor. Complaints filed with the counselor will be forwarded by the counselor to the principal for investigation and action. Alternatively a student or parent may report a complaint to the Supervisor of Accelerated and Counseling Programs. It shall be the goal of the principal and/or supervisor to arrive at a prompt and reasonable resolution of the complaint which is equitable to all parties.
The principal or supervisor shall inform the complainant in writing of what action, if any, shall be taken within ten (10) school days of receiving the complaint. Complaints of student on student harassment may result, following investigation and due process, in disciplinary measures which are consistent with the Student Code of Conduct (Policy 2401) being taken against a student. If the action taken involves discipline imposed on another student, the information provided to the complainant shall be consistent with the requirements of the Family Educational Rights and Privacy Act (FERPA) and its regulations which generally prohibit the school from releasing personally identifiable information absent consent of the student and parent except in certain limited circumstances directly related to the student complainant. The principal or supervisor shall also inform the complainant as to the procedure to pursue the complaint further should it not have been resolved to the satisfaction of the complainant.
STEP 2: If the action of Step 1 fails to resolve the complaint to the satisfaction of the complainant, the complainant shall submit, within seven calendar days of receiving the written decision of the principal or supervisor, the complaint in writing to the Title IX Coordinator (who is the Executive Director of Human Resources).
The Title IX Coordinator shall investigate and inform the complainant in writing of what action, if any, shall be taken within fifteen (15) school days of receiving the complaint. The coordinator shall also inform the complainant as to the procedure to pursue the complaint further should it not have been resolved to the satisfaction of the complainant.
STEP 3: If the action of Step 2 fails to resolve the complaint to the satisfaction of the complainant, the complainant shall, within seven calendar days of receiving the written decision of the Title IX Coordinator, submit the complaint in writing to the superintendent.
The superintendent/designee shall investigate and inform the complainant in writing of what action, if any, shall be taken within ten (10) school days of receiving the complaint. The superintendent/designee shall also inform the complainant as to the procedure to pursue the complaint further should it not have been resolved to the satisfaction of the complainant.
STEP 4: If the action of Step 3 fail to resolve the complaint to the satisfaction of the complainant, the complainant shall, within seven calendar days of receiving the written decision of the superintendent/designee, submit the complaint in writing to the board.
The board shall commence consideration of the complaint at its next regular meeting and may, if it deems appropriate, conduct a hearing which hearing may be on a later date. The board shall, within fifteen (15) days of having completed its consideration and/or hearing of the matter, render a decision and shall inform the complainant of that decision in writing through the superintendent/designee. The decision of the board shall be final.
In determining whether alleged conduct constitutes a violation of this policy, the division shall consider, at a minimum:
- the surrounding circumstances;
- the nature of the behavior;
- past incidents or past or continuing patterns of behavior;
- the relationship between the parties;
- how often the conduct occurred;
- the identity of the alleged perpetrator in relation to the alleged victim (i.e. whether the alleged perpetrator was in a position of power over the alleged victim);
- the location of the alleged harassment;
- the ages of the parties; and,
- the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.
Informal Procedure
If the complainant and the person accused of harassment agree, the student’s principal or designee may arrange for them to resolve the complaint informally with the help of a counselor, teacher, or administrator.
If the complainant and the person accused of harassment agree to resolve the complaint informally, they shall each be informed that they have the right to abandon the informal procedure at any time in favor of the initiation of the Formal Procedures set forth herein. The principal or designee shall notify the complainant and the person accused of harassment in writing when the complaint has been resolved. The written notice shall state whether prohibited harassment occurred.
Retaliation
Retaliation against students who report harassment or participate in any related proceedings is prohibited. The division shall take appropriate action against students or school personnel who retaliate against any student who reports alleged harassment or participates in related proceedings.
Right to Alternative Complaint Procedure
Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited harassment including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.
Prevention and Notice of Policy
Training to prevent sexual harassment and harassment based on race, national origin, disability and religion should be included in employee and student orientations as well as employee in-service training.
This policy shall be (1) displayed in prominent areas of each division building in a location accessible to students, parents and school personnel, (2) included in the student and employee handbooks; and (3) sent to parents of all students within 30 calendar days of the start of school. Further, all students, and their parents/guardians, and employees shall be notified annually of contact information of the individuals to whom complaints may be reported.
False Charges
Students who knowingly make false charges of harassment shall be subject to disciplinary action as well as any civil or criminal legal proceedings.
Adopted: 06/24/08
NOTICE OF PARENTAL RESPONSIBILITY AND INVOLVEMENT REQUIREMENTS
The Code of Virginia contains provisions addressing parental responsibility and involvement that are intended to promote proper student conduct. Through this law, the General Assembly has asserted its position that parents do not relinquish their responsibility for disciplining or managing their children while they attend public schools. Rather, parents must work in partnership with school administrators to maintain a safe and orderly school environment. The Code of Virginia provides:
22.1-279.3 Parental Responsibility and Involvement Requirements.
A. Each parent of a student enrolled in a public school has a duty to assist the school in enforcing the standards of student conduct and compulsory school attendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property, and supportive of individual rights.
B. A school board shall provide opportunities for parental and community involvement in every school in the school division.
C. Within one calendar month of the opening of school, each school board shall, simultaneously with any other materials customarily distributed at that time, send to the parents of each enrolled student (i) a notice of the requirements of this section; (ii) a copy of the school board’s standards of student conduct; and (iii) a copy of the compulsory school attendance law. These materials shall include a notice to the parents that by signing the statement of receipt, parents shall not be deemed to waive, but to expressly reserve, their rights protected by the constitutions or laws of the United States or the Commonwealth and that a parent shall have the right to express disagreement with a school’s or school division’s policies or decisions.
Each parent of a student shall sign and return to the school in which the student is enrolled a statement acknowledging the receipt of the school board’s standards of student conduct, the notice of the requirements of this section, and the compulsory school attendance law. Each school shall maintain records of such signed statements.
D. The school principal may request the student’s parent or parents, if both parents have legal and physical custody of such student, to meet with the principal or his designee to review the school board’s standards of student conduct and the parent’s or parents’ responsibility to participate with the school in disciplining the student and maintaining order, to ensure the student’s compliance with compulsory school attendance law, and to discuss improvement of the child’s behavior and educational progress.
E. In accordance with the due process procedure set forth in this article and the guidelines required by 22.1-279.6, the school principal may notify the parents of any student who violates a school board policy or the compulsory school attendance requirements when such violation could result in the student’s suspension or the filing of a court petition, whether or not the school administration has imposed such disciplinary action or filed a petition. The notice shall state (i) the date and particulars of the violation; (ii) the obligation of the parent to take actions to assist the school in improving the student’s behavior and ensuring compulsory school attendance compliance; (iii) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials; and (iv) that a petition with the juvenile and domestic relations court may be filed under certain circumstances to declare the child in need of supervision.
F. No suspended student shall be admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student’s behavior, unless the school principal or his designee determines that readmission, without parent conference, is appropriate for the student.
G. Upon the failure of a parent to comply with the provisions of this section, the school board may, by petition to the juvenile and domestic relations court, proceed against such parent for willful and unreasonable refusal to participate in efforts to improve the student’s behavior or school attendance, as follows:
1. If the court finds that the parent has willfully and unreasonably failed to meet, pursuant to a request of the principal as set forth in subsection D of this section, to review the school board’s standards of student conduct and the parent’s responsibility to assist the school in disciplining the student and maintaining order, and to discuss improvement of the child’s behavior and educational progress, it may order the parent to so meet; or
2. If the court finds that a parent has willfully and unreasonably failed to accompany a suspended student to meet with school officials pursuant to subsection F, or upon the student’s receiving a second suspension or being expelled, it may order the student or his parent, or both, to participate in such programs or such treatment, including but not limited to, extended day programs, summer school, other educational programs and counseling, as the court deems appropriate to improve the student’s behavior or school attendance. The court may also require participation in parenting, counseling or a mentoring program, as appropriate or that the student or his parent, or both, shall be subject to such conditions and limitations as the court deems appropriate for the supervision, care, and rehabilitation of the student or his parent. In addition, the court may order the parent to pay a civil penalty not to exceed $500.
H. The civil penalties established pursuant to this section shall be enforceable in the juvenile and domestic relations court in which the student’s school is located and shall be paid into a fund maintained by the appropriate local governing body to support programs or treatments designed to improve the behavior of students as described in subdivision G2. Upon the failure to pay the civil penalties imposed by this section, the attorney for the appropriate county, city, or town shall enforce the collection of such civil penalties.
I. All references in this section to the juvenile and domestic relations court shall be also deemed to mean any successor in interest of such court. (2004)
Notice: Misdemeanor to make False Statements as to Residency
The Code of Virginia provides that under certain circumstances it shall be a misdemeanor for any person to knowingly make a false statement concerning residency.
§ 22.1-264.1. Misdemeanor to make false statements as to school division or attendance zone residency; penalty.
Any person who knowingly makes a false statement concerning the residency of a child, as determined by § 22.1-3, in a particular school division or school attendance zone, for the purposes of (i) avoiding the tuition charges authorized by § 22.1-5 or (ii) enrollment in a school outside the attendance zone in which the student resides, shall be guilty of a Class 4 misdemeanor and shall be liable to the school division in which the child was enrolled as a result of such false statements for tuition charges, pursuant to § 22.1-5, for the time the student was enrolled in such school division.
Notice: Availability of Policy Manual
Consistent with Virginia Code §22.1-253.13:7, copies of the Stafford County Public Schools policy manual are available for access by the public on the Internet at
www.staffordschools.net. Printed copies of division policies are available to citizens who do not have online access through the Office of the Clerk of the School Board of Stafford County at (540) 658-6000.
Notice: Sex Offender Registry Information
Pursuant to Virginia Code §22.1-79.3, notice is given that information regarding sex offenders is available in the Sex Offender and Crimes Against Minors Registry and may be accessed on the Internet at
http://sex-offender.vsp.virginia.gov/sor/.
Notice: Right to Petition
Pursuant to Virginia Code §22.1-253.13:7 notice is given that any parent or guardian of a student who is aggrieved by an action of the school board may, within thirty days after such action, petition the local circuit court, as provided in Virginia Code §22.1-87, to review the action of the school board.
The Stafford County School Board does not unlawfully discriminate against any person on the basis of race, sex, age, color, religion, national origin, political affiliation, or disability. This policy covers all programs, services, policies, and procedures of Stafford County Public Schools, including all educational programs, admission to such programs, activities, and employment. Inquiries regarding non-discrimination should be directed to the Title IX Coordinator/Executive Director of Human Resources, Stafford County Public Schools, 31 Stafford Avenue, Stafford, Virginia 22554, Phone: (540) 658-6560, FAX: (540) 658-5950. Reasonable accommodation upon request.