Read PDF The Principals Legal Handbook: Section 1 - Students and the Law

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There are a variety of PGCPS programs to assist students who may need an alternative education option to overcome the challenges to learn, achieve at high academic levels and ultimately graduate. There are alternative programs for students in grades and alternative schools for recovery credit opportunities in grades Programs include:.


No student should be subjected to physical, sexual, or mental abuse. We do know, though, that abuse can happen to any child regardless of race, socioeconomic status, religion, or culture.

Constitutional Principles: The Rule of Law

If a student feels he or she is being abused, the student should contact the counselor or the school administrator. If you have reasonable suspicion of child abuse or neglect, you must contact your local Department of Social Services or the Police Department. Bullying, harassment and intimidation are anti-social behaviors that are characterized by an intent to cause harm and an imbalance of power. Bullying, harassment or intimidation may be motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability or is threatening or seriously intimidating; and, occurs on school property, at a school activity or event, or on a school bus; or, substantially disrupts the orderly operation of a school.

Bullying, harassment or intimidation may be repeated or have the potential to be repeated. Bullying, harassment or intimidation includes discrimination. Anyone can report allegations of bullying, harassment and intimidation.

Students, parents, teachers, school administration, other staff, school volunteers or the community-at-large may report these behaviors. Reports of bullying, harassment or intimidation may be made directly to a teacher, counselor or administrator. Reporting is not tattling or snitching. Reporting is providing information to an adult to address behavior that must be stopped.

All reports should be documented in writing via the online reporting app or paper version of the Bullying, Harassment or Intimidation Reporting Form. Additionally, copies of the form are available in all schools and in this handbook.

Once the report is submitted to the school, the administration or the administrative designee will promptly and appropriately conduct an investigation. The school will notify parents of the victim and the offender of the outcome of the investigation once the investigation has been completed. The notification must respect the confidentiality of the victim and the offender.

Therefore, specific information related to disciplinary consequences will not be provided Administrative Procedure Bullying, Harassment or Intimidation. If bullying, harassment or intimidation is substantiated, the school team should develop a plan of support. Any conduct that violates the policy on discrimination or harassment committed by any student of either sex against students is inappropriate behavior.

Conduct that is of a sexual nature is the most commonly reported form of sexual harassment. This includes unwanted sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature.

The Principal's Legal Handbook, 6th Edition

Sexual harassment also includes acts that are not overtly sexual, but rather are directed at individuals based on their gender, such as profanity or rude behavior that is gender-specific. These issues must be brought to the attention of school administration. Unresolved concerns may be elevated to the Executive Director of Student Services. Remember, all types of bullying, harassment or intimidation are reported on the reporting form.

If interventions are successful, a referral to the school administrator may not be necessary. These interventions aim to teach, correct and replace behaviors so students can learn and demonstrate safe and respectful behaviors. Staff members are encouraged to implement a variety of teaching and classroom management strategies.

Staff members are encouraged to implement various levels of responses and interventions with students at all times during regularly scheduled schools hours.

Becoming a Student-at-Law

In addition, this procedure applies while a student is located on or off school property during fields trips, school sponsored events, athletic functions, while being transported on PGCPS vehicles and during any other school related extracurricular activity. Administrators are encouraged to use the lowest Level of Response to address inappropriate behavior. Serious behaviors that are deemed harmful to the safe and orderly environment of the school will be addressed at the highest level.

Response: These responses aim to teach and correct inappropriate behavior so students can learn, act respectfully and contribute to a safe environment. The classroom teacher or counselor will correct the behavior of the student committing a minor offense.

Teachers are encouraged to try a variety of teaching and classroom management strategies. This response can be used when the student has no history of prior incidents. Response: The administrator, pupil personnel worker or counselor will work with the student to correct the behavior of the student committing the violation.

This level will be appropriate for incidents that are inappropriate and disruptive to the learning environment. These responses address the potential implications for future harm while keeping the student in school. The duration of the short-term removal is to be limited as much as practicable while adequately addressing the behavior through the use of interventions and responses.

These responses focus on the safety of the school community and ending self-destructive and serious behaviors. Response: These responses involve the removal of a student from the school environment for 45 days or longer because of the severity of the behavior. S erious bodily inju r y t o another stude n t. A ttack on an adul t , uni nt e n tional p h ysi c al c o n ta c t with school personnel.

Handbook Changes 2018-19

A ttack on an adul t , p h ysi c ally a ttac k ing an adult including stri k ing a staff. A ttack on an adult c ausing serious bodily inju r y. Making inappropriate gestures, symbols or comments, or using profane or offensive language. F ig h ting r esulting in serious bodily inju r y. G r oup fig h t r esulting in serious bodily inju r y.

Possession, use or distribution of explosives does not include small fireworks. Sexual activity or sexual misconduct e. Regardless of whether the conduct is a manifestation of the disability, if the incident for which the student with an IEP is being disciplined involves a dangerous weapon, a controlled dangerous substance or serious bodily injury, the school system can unilaterally place a student in an alternative education setting for up to 45 school days.

Student Rights and Responsibilities Handbook

While suspended, students must continue to receive educational services so as to enable them to continue to participate in the general education curriculum and progress toward meeting the goals set out for them in the IEP. For short-term and long-term suspensions, work will be provided. Principals may allow a student to take tests and examinations missed while on suspension. Although the conference is held to resolve the status of the suspension of the student, it is not a legal proceeding or hearing.

This prohibition includes attendance at athletic events and other school-related activities.

Principal's Legal Handbook, 6th ed

The following is applicable in all cases except those which have been referred to the Department of Juvenile Services. The principal, assistant principal, or school security staff may search a student.

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Illegal items that are seized will be turned over to law enforcement personnel. If needed, the school system will make an appropriate educational program for every student who has been arrested by a law enforcement agency for a reportable offense. Appropriate educational programming and related services will be provided to an identified student with disabilities in accordance with the Individuals with Disabilities Education Act IDEA and corresponding state law. Discipline should be both corrective and instructive and designed to foster growth and understanding in the student. Appropriate responses to misbehavior are determined by the age and maturity of the student.

While there are instances in which formal disciplinary measures must be used, teachers and administrators are encouraged to develop and utilize a variety of informal disciplinary and guidance strategies to maintain effective learning conditions. These strategies may include but are not limited to:.